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Code · REGISTER · 2007-07-27 · DEPARTMENT OF HEALTH AND HUMAN SERVICES · Proposed Rules

Proposed Rules. Notice; opportunity for review and comment

10,575 words·~48 min read·/register/2007/07/27/07-3694

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

BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute for Child Health and Human Development; National Children's Study 2007 Research Plan ACTION: Notice; opportunity for review and comment. SUMMARY: Attached is the proposed Research Plan for the National Children's Study (NCS). The purpose of this notice is to inform scientific reviewers, professional colleagues, contributors, and all who are interested in this ground-breaking initiative, of the opportunity for review and comment.
The Research Plan describes the Study's background, design, measures, and the rationale for their selections in sufficient detail so that readers can understand the basis of the Study and how it will be carried out. This plan was developed with input from scientists and other professionals across the country and from multiple federal agencies, especially the National Institute of Child Health and Human Development (NICHD) and the National Institute of Environmental Health Sciences (NIEHS) at the National Institutes of Health (NIH), the Centers for Disease Control and Prevention, and the U.S.
Environmental Protection Agency (EPA). We welcome constructive comments and proposals for how the National Children's Study might address the pressing health concerns of our nation's children even more effectively. Procedures for commenting and communicating about the Research Plan are found on the NCS Web site at: *http://www.nationalchildrensstudy.gov/research/research_plan/index.cfm.* DATES: Submit responses to the National Children's Study (see below) on or before September 25, 2007.
FOR FURTHER INFORMATION CONTACT: The National Children's Study, NICHD, NIH, 6100 Executive Blvd., Room 5C01, Bethesda, MD 20892. Telephone: 301-594-9147, Fax: 301-480-1222, e-mail: *ncsinfo@mail.nih.gov,* Internet at: *http://www.nationalchildrensstudy.gov.* SUPPLEMENTARY INFORMATION: The National Children's Study is a long-term study of child health conducted in the United States. By following 100,000 children from before birth to age 21, Study researchers hope to better understand how children's genes and their environments interact to affect their health and development.
In the Study, “environment” includes factors such as: Air, water, and house dust; what children eat; how they are cared for; the safety of their neighborhoods; and how often they see a doctor. The goal of the National Children's Study is to provide information that will ultimately lead to improvements in the health, development, and well-being of children. The primary aim of the Study is to investigate the separate and combined effects of environmental exposures (chemical, biological, physical, psychosocial) as well as gene-environment interactions on pregnancy outcomes, child health and development, and precursors of adult disease.
The Study will examine important health issues, including: birth defects and pregnancy-related problems, injuries, asthma, obesity and diabetes, and behavior, learning, and mental health disorders. By establishing links between children's environments and their health, and charting their development through infancy, childhood, and early adulthood, the Study hopes to determine the root causes of many childhood and adult diseases. Findings from the Study will benefit all Americans by providing researchers, health care providers, and public health officials with information from which to develop prevention strategies, health and safety guidelines, and possibly new treatments and cures for disease.
The Study will employ a national probability sampling approach to select locations for conduct of the study. The sampling design utilizes a multistage clustered approach. In the first stage, 105 locations (generally corresponding to single counties) were randomly selected from all U.S. counties. Seven of the locations will serve as the Vanguard Locations and will participate in the pilot phase of the Study. Because the focus of the study includes assessment of the impact of exposures that occur early in pregnancy, both pregnant women and their partners, and women of childbearing age, comprise the initial target population for enrollment in each of the Study Locations.
At the time of enrollment, participants will be asked to provide written informed consent for participation in the study. Three distinct groups will be enrolled and followed: Pregnant women and their partners, couples planning pregnancy, and women not currently planning pregnancy but with some probability of becoming pregnant during the four year enrollment timeframe. The National Children's Study is in a unique position to answer many questions regarding the effects of environmental exposures on the long-term health of children.
The focus on exposures prior to and early in pregnancy is a unique feature of this study, as is the breadth of planned exposure and outcome measurements. As technology continues to evolve, stored data specimens (biologic and environmental) will provide a valuable resource to answer important questions for future generations. The prospective longitudinal design of the study will permit an in-depth examination of the effects of environmental exposures as they unfold over the course of development.
This will include an unprecedented, process-oriented understanding of how exposures at particular points in development lead to both immediate and long-term consequences for children, and what circumstances, characteristics, or genetic predispositions mediate or moderate the relation between exposure and outcome. The size and representative nature of the sample will permit both valid inferences about the U.S. population as a whole, and exploration of subgroup-specific patterns of adaptation and maladapation.
Additionally, the data collected for the Study will provide a platform for future research. Data, biological samples, and environmental samples will be available for future studies as science evolves and new questions arise. The Study will serve as an exceptional resource both for science and for society. Duane Alexander, Director, National Institutes of Child Health and Human Development, National Institutes of Health. [FR Doc. E7-14514 Filed 7-26-07; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY U.S.
Customs and Border Protection Agency Information Collection Activities; Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (72 FR 15893) on April 3, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before August 27, 2007. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the Proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of The proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit. *OMB Number:* 1651-0003. *Form Number:* Form CBP-7512 and 7512-A. *Abstract:* This collection involves the movement of imported merchandise from the port of importation to another CBP port prior to release of the merchandise. *Current Actions:* This submission is being submitted to extend the expiration date with a change in the burden hours. *Type of Review:* Extension (with change). *Affected Public:* Business or other for-profit institutions. *Estimated Number of Respondents:* 50,000. *Estimated Time per Respondent:* 23 hours. *Estimated Total Annual Burden Hours:* 1,162,000 hours. *Estimated Total Annualized Cost on the Public:* N/A. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: July 19, 2007. Tracey Denning, Agency Clearance Officer, Information Services Branch. [FR Doc. E7-14493 Filed 7-26-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities; Application for Exportation of Articles Under Special Bond AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Application for Exportation of Articles Under Special Bond. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (72 FR 15892) on April 3, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before August 27, 2007. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Application for Exportation of Articles under Special Bond. *OMB Number:* 1651-0004. *Form Number:* Form CBP-3495. *Abstract:* This collection of information is used by importers for articles entered into the United States temporarily. These articles are free of duty under bond, and are exported within one year from the date of importation. *Current Actions:* This submission is being submitted to extend the expiration date with no change to the burden hours. *Type of Review:* Extension (without change). *Affected Public:* Businesses, Individuals, Institutions. *Estimated Number of Respondents:* 1500. *Estimated Time per Respondent:* 8 minutes. *Estimated Total Annual Burden Hours:* 2,000. *Estimated Total Annualized Cost on the Public:* N/A. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: July 19, 2007. Tracey Denning, Agency Clearance Officer, Information Services Branch. [FR Doc. E7-14494 Filed 7-26-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [Docket No. USCBP-2007-0070] Notice of Meeting of The Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions
(COAC)AGENCY: U.S. Customs and Border Protection, Department of Homeland Security (DHS). ACTION: Notice of Federal Advisory Committee meeting. SUMMARY: The Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (popularly known as “COACH”) will meet on August 16, 2007 in Washington, DC. The meeting will be open to the public. DATE: COAC will meet Thursday, August 16th from 9 a.m. to 1 p.m. Please note that the meeting may close early if the committee has completed it business. ADDRESSES: The meeting will be held at the Ronald Reagan Building in the Rotunda Ballroom, 1300 Pennsylvania Avenue, NW., Washington, DC 20004. Written material and comments should reach the contact person listed below by August 6th. Requests to have a copy of your material distributed to each member of the committee prior to the meeting should reach the contact person at the address below by August 9, 2007. Comments must be identified by USCBP-2007-0070 and may be submitted by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments. • *E-mail:* *traderelations@dhs.gov* . Include the docket number in the subject line of the message. • *Fax:* 202-344-2064. • *Mail:* Ms. Wanda Tate, Office of International Affairs and Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, Room 8.5C, Washington, DC 20229. *Instructions:* All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will be posted without alteration at *www.regulations.gov* . including any personal information provided. *Docket:* For access to the docket to read background documents or comments received by the COAC, go to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Ms. Wanda Tate, Office of International Affairs and Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, 1300 Pennsylvania Ave., NW., Room 8.5C, Washington, DC 20229; *traderelations@dhs.gov* ; telephone 202-344-1440; facsimile 202-344-2064. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act (5 U.S.C., app.), DHS hereby announces the meeting of the Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (COAC). COAC is tasked with providing advice to the Secretary of Homeland Security, the Secretary of the Treasury, and the Commissioner of U.S. Customs and Border Protection
(CBP)on matters pertaining to the commercial operations of CBP and related functions within DHS or the Department of the Treasury. The third meeting of the tenth term of COAC will be held at the date, time and location specified above. A tentative agenda for the meeting is set forth below. Tentative Agenda 1. International Container Security Standards. 2. Post-Incident Business Resumption. 3. Advance Data Elements. 4. Secure Freight Initiative/Supply Chain Security. 5. Office of International Trade. 6. Intellectual Property Rights. 7. ACE Program. Procedural This meeting is open to the public. Please note that the meeting may close early if all business is finished. Participation in COAC deliberations is limited to committee members, Department of Homeland Security officials, and persons invited to attend the meeting for special presentations. All visitors to the Ronald Reagan Building will have to go through a security checkpoint to be admitted to the building. Since seating is limited, all persons attending this meeting should provide notice, preferably by close of business Monday, August 13, 2007, to Ms. Wanda Tate, Office of Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229, telephone 202-344-1440; facsimile 202-344-2064. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Ms. Wanda Tate as soon as possible. Dated: July 23, 2007. Michael C. Mullen, Assistant Commissioner, Office of International Affairs and Trade Relations, U.S. Customs and Border Protection. [FR Doc. E7-14495 Filed 7-26-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5162-01] Draft Conformity Determination for the Proposed East River Waterfront Esplanade and Piers Project, City of New York, New York County, NY AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice of availability. SUMMARY: In accordance with the federal Clean Air Act General Conformity rule, the Lower Manhattan Development Corporation
(LMDC)has prepared a draft general conformity determination (Draft Conformity Determination) for the proposed East River Waterfront Esplanade and Piers Project (Proposed Action), which has been made available for public review. LMDC is a subsidiary of the Empire State Development Corporation (a political subdivision and public benefit corporation of the State of New York) and is responsible for conducting reviews of projects receiving HUD funds in accordance HUD regulations and federal law. The Proposed Action would improve a two mile portion of the East River waterfront in Manhattan and create a City-owned public open space. The area of the Proposed Action would generally encompass the waterfront, the upland area adjacent to and under the elevated Franklin Delano Roosevelt Drive and South Street extending from the Whitehall Ferry Terminal and Peter Minuit Plaza on the South to East River Park on the North, as well as Pier 15, the New Market Building pier, Pier 35, Pier 36, and Pier 42. The Proposed Action is fully described in the Final Environmental Impact Statement for the East River Waterfront Esplanade and Piers Project (FEIS). DATES: *Comments Due Date:* August 27, 2007. ADDRESSES: The Draft Conformity Determination is available for review at the Lower Manhattan Development Corporation, One Liberty Plaza, 20th Floor, New York, NY 10006. The Draft Conformity Determination is also available on the LMDC Web site at *http://www.renewnyc.com* in the “Planning, Design & Development” section. All comments must be in writing and received by LMDC within 30 days after publication of this notice or they will not be considered. Written comments should be sent to the Lower Manhattan Development Corporation, Attention: Christina Hynes, East River Waterfront Esplanade and Piers Project, One Liberty Plaza, 20th Floor, New York, NY 10006. LMDC published a notice of this Draft Conformity Determination in a daily newspaper of general circulation on June 2, 2007 and provided 30 days for public comment. LMDC also provided all relevant agencies with this Draft Conformity Determination as required by 40 CFR 93.153(h)(2). FOR FURTHER INFORMATION CONTACT: Christina Hynes, Lower Manhattan Development Corporation, One Liberty Plaza, 20th Floor, New York, NY 10006; Telephone:
(212)962-2300; Fax:
(212)962-2431. SUPPLEMENTARY INFORMATION A. Description of Proposed Action The Proposed Action is located in Manhattan, New York County, which has been designated by the United States Environmental Protection Agency
(EPA)as a moderate non-attainment area for particulate matter less than 10 micrometers in aerodynamic diameter (PM <sup>10</sup> ), a non-attainment area for particulate matter less than 2.5 micrometers in aerodynamic diameter (PM <sup>2.5</sup> ), and a moderate non-attainment area for the 8-hour ozone standard. New York County was previously designated by the EPA as a severe non-attainment area for the 1-hour ozone standard. The area is in attainment for all other criteria pollutants: Nitrogen dioxide (NO <sup>2</sup> ), lead, sulfur dioxide (SO <sup>2</sup> ), and carbon monoxide (CO). LMDC's review has been conducted consistent with the requirements of 40 CFR Part 93, Subpart B: “Determining Conformity of Federal Actions to State or Federal Implementation Plans” issued on November 30, 1993 (as amended on July 17, 2006 to address PM <sup>2.5</sup> emissions). LMDC has determined that, during the peak construction year of 2008, potential emissions for all the criteria pollutants would be below the *de minimis* thresholds established under federal regulations at 40 CFR 93.153(b) which are currently applicable in New York County. Nonetheless, the construction emissions could exceed the 25 tons per year
(tpy)annual nitrogen oxides (NO <sup>X</sup> ) threshold for severe ozone non-attainment areas, which was applicable to New York County under the previous 1-hour ozone standard designation, and which threshold is currently an issue subject to litigation in federal court. Accordingly, LMDC has prepared its Draft Conformity Determination to demonstrate that the federally-funded portion of the Proposed Action would conform with the 1-hour ozone State Implementation Plan (SIP). Pursuant to the requirements of 40 CFR 93.153(h)(1), this notice lists the proposed activities that are presumed to conform to the New York ozone SIP and the basis for this presumption. B. Background The Clean Air Act (CAA), as amended in 1990, defines a non-attainment area
(NAA)as a geographic region that has been designated as not meeting one or more of the National Ambient Air Quality Standards (NAAQS). The Proposed Action is located in New York County, which has been designated by the EPA as a moderate NAAQS NAA for PM <sup>10</sup> , a NAA for PM <sup>2.5</sup> , and a moderate NAA for ozone. The area is in attainment for all other criteria pollutants: Nitrogen dioxide (NO <sup>2</sup> ), lead, sulfur dioxide (SO <sup>2</sup> ), and carbon monoxide (CO). EPA had re-designated New York City as in attainment for CO on April 19, 2002 (67 FR 19337); the CAA requires that a maintenance plan ensure continued compliance with the CO NAAQS for former NAAs. A State Implementation Plan
(SIP)is a state's plan on how it will meet the NAAQS under the deadlines established by the CAA. In November 1998, New York State submitted its Phase II Alternative Attainment Demonstration for Ozone, which addressed attainment of the 1-hour ozone NAAQS by 2007 (New York submitted subsequent filings to EPA in subsequent years). On February 4, 2002, EPA approved New York's 1-hour ozone SIP (67 FR 5170). The general conformity requirements in 40 CFR Part 93, Subpart B, apply to those federal actions that are located in a non-attainment or maintenance area, and that are not subject to transportation conformity requirements at 40 CFR Part 51, Subpart T, or Part 93, Subpart A, where the action's direct and indirect emissions have the potential to emit one or more of the criteria pollutants or precursors, in the case of ozone and PM <sup>2.5</sup> , at emission rates equal to or exceeding the prescribed rates at 40 CFR 93.153(b), or where the action encompasses 10 percent or more of a NAA or maintenance area's total emissions inventory for that pollutant. In the case of New York County, the prescribed annual rates are 50 tons of VOCs and 100 tons of NO <sup>X</sup> (ozone precursors in moderate 8-hour ozone NAA and PM <sup>2.5</sup> precursors in PM <sup>2.5</sup> NAA), 100 tons of CO (CO maintenance area), 100 tons of PM <sup>10</sup> (moderate PM <sup>10</sup> NAA), 100 tons of PM <sup>2.5</sup> (PM <sup>2.5</sup> NAA), and 100 tons of SO <sup>2</sup> (PM <sup>2.5</sup> precursor in PM <sup>2.5</sup> NAA). LMDC has determined that the total annual direct and indirect emissions of all such criteria pollutants from the Proposed Action are less than the *de minimis* rates prescribed in 40 CFR 93.153(b), as currently in effect, that would trigger the requirement to conduct a general conformity determination. Therefore, a general conformity determination is not necessarily required by current federal regulations. Nonetheless, temporarily, during construction, annual NO <sup>X</sup> emissions are predicted to exceed the threshold of 25 tons per year that would apply to a severe ozone non-attainment area under the former 1-hour ozone NAAQS. Accordingly, LMDC has prepared a Draft Conformity Determination to demonstrate the Proposed Action's conformity with the ozone SIP. C. Requirements of the Conformity Determination The purpose of the conformity analysis is to establish that the Proposed Action would conform to the New York ozone SIP, thereby demonstrating that total direct and indirect emissions of the ozone precursors, in this case NO <sup>X</sup> , from the project, would not: • Cause or contribute to any new violation of any standard in the area; • interfere with provisions in the applicable SIP for maintenance of any standard; • increase the frequency or severity of any existing violation of any standard in any area; or • delay timely attainment of any standard or any required interim emission reductions or other milestones in the SIP for purposes of— 1. A demonstration of reasonable further progress (RFP), 2. A demonstration of attainment, or 3. A maintenance plan. For the purposes of a general conformity determination, direct and indirect emissions are defined as follows (40 CFR 93.152): • *Direct Emissions:* Those emissions of a criteria pollutant or its precursors that are caused or initiated by the Federal action and occur at the same time and place as the action; • *Indirect Emissions:* Those emissions of a criteria pollutant or its precursors that— 1. Are caused by the Federal action, but may occur later in time and/or may be further removed in distance from the action itself but are still reasonably foreseeable; and 2. The Federal agency can practicably control and will maintain control over due to a continuing program responsibility of the Federal agency. LMDC has determined that the predicted emissions due to the Proposed Action during construction that should be subject to its general conformity review would include direct emissions from
(1)Non-road engines operating on-site during construction and
(2)marine vessels carrying materials to and from the site and conducting other work along the waterfront, and
(3)emissions from construction-related vehicles traveling to and from the site. D. Presumption of Conformity The Proposed Action would be located in an area previously designated as a severe ozone non-attainment area under the 1-hour ozone NAAQS. The NO <sup>X</sup> emissions during two years of construction were predicted to potentially exceed the prescribed level for severe ozone non-attainment areas (25 tons per year). Therefore, LMDC has determined the following: • The methods for estimating direct and indirect emissions from the Proposed Action meet the requirements of 40 CFR 93.159. • The Proposed Action was predicted to result in the emission of up to 70.5 tons and 31.2 tons of NO <sup>X</sup> per year in 2008 and 2009, respectively. • All construction-related NO <sup>X</sup> emissions, including those from the Proposed Action, are included in the emissions budget specified in the New York State Implementation Plan for Ozone—Phase II Alternative Attainment Demonstration. • The Proposed Action does not cause or contribute to any new violation, or increase the frequency or severity of any existing violation, of the standards for the pollutants addressed in 40 CFR 93.158. • The Proposed Action does not violate any requirements or milestones in the ozone SIP. • Based on these determinations, the Proposed Action is presumed to conform to the ozone SIP for the project area. The activities that are presumed to conform include all construction-related activities that will receive federal funding for the East River Waterfront Esplanade and Piers Project. Questions may be directed to the individual named above under the heading FOR FURTHER INFORMATION CONTACT . Dated: July 20, 2007. Nelson R. Bregón, General Deputy Assistant Secretary for Community Planning and Development. [FR Doc. E7-14579 Filed 7-26-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5125-N-30] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Room 7266, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; telephone
(202)708-1234; TTY number for the hearing- and speech-impaired
(202)708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 1-800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in *National Coalition for the Homeless* v. *Veterans Administration,* No. 88-2503-OG (D.D.C.). Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/unavailable, suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD:
(1)Its intention to make the property available for use to assist the homeless,
(2)its intention to declare the property excess to the agency's needs, or
(3)a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless. Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for “off-site use only” recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to John Hicks, Division of Property Management, Program Support Center, HHS, room 5B-17, 5600 Fishers Lane, Rockville, MD 20857;
(301)443-2265. (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581. For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/available or suitable/unavailable. For properties listed as suitable/unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available. Properties listed as unsuitable will not be made available for any other purpose for 20 days from the date of this Notice. Homeless assistance providers interested in a review by HUD of the determination of unsuitability should call the toll free information line at 1-800-927-7588 for detailed instructions or write a letter to Mark Johnston at the address listed at the beginning of this Notice. Included in the request for review should be the property address (including zip code), the date of publication in the **Federal Register** , the landholding agency, and the property number. For more information regarding particular properties identified in this Notice ( *i.e.* , acreage, floor plan, existing sanitary facilities, exact street address), providers should contact the appropriate landholding agencies at the following addresses: *Army:* Ms. Veronica Rines, Department of the Army, Office of the Assistant Chief of Staff for Installation Management, Attn: DAIM-ZS, Rm 8536, 2511 Jefferson Davis Hwy., Arlington, VA 22202;
(703)601-2545; *Coast Guard:* Commandant, U.S. Coast Guard, Attn: Teresa Sheinberg, 2100 Second St, SW., Rm 6109, Washington, DC 20593-0001; (202 267-6142; *Energy:* Mr. John Watson, Department of Energy, Office of Engineering & Construction Management, ME-90, 1000 Independence Ave, SW., Washington, DC 20585:
(202)586-0072; *GSA:* Mr. John E.B. Smith, Deputy Assistant Commissioner, General Services Administration, Office of Property Disposal, 18th and F Streets, NW., Washington, DC 20405;
(202)501-0084; *Interior:* Mr. Michael Wright, Acquisition & Property Management, Department of the Interior, 1849 C Street, NW., MS2603, Washington, DC 20240;
(202)513-0747; *Navy:* Mr. Warren Meekins, Associate Director, Department of the Navy, Real Estate Services, Naval Facilities Engineering Command, Washington Navy Yard, 1322 Patterson Ave., SE., Suite 1000, Washington, DC 20374-5065;
(202)685-9305; (These are not toll-free numbers). Dated: July 19, 2007. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. Title V, Federal Surplus Property Program **Federal Register** Report for 07/27/2007 Suitable/Available Properties Building California Bldg. 00574, Moffett Field, Santa Clara, CA 94035. *Landholding Agency:* Army. *Property Number:* 21200720100. *Status:* Unutilized. *Comments:* 2304 sq. ft., most recent use—storage, off-site use only. Bldg. 07080, Moffett Field, Santa Clara, CA 94035. *Landholding Agency:* Army. *Property Number:* 21200720101. *Status:* Unutilized. *Comments:* 5956 sq. ft., presence of asbestos/lead paint, most recent use—housing, off-site use only. Colorado Ward Lake Storage Bldg., Grand Mesa Natl Forest, Delta, CO. *Landholding Agency:* GSA. *Property Number:* 54200730006. *Status:* Surplus. *GSA Number:* 7-A-CO-0665. *Comments:* 241 sq. ft., off-site use only. Suitable/Available Properties Building Maine Border Patrol Station, 4 Heald Stream Road, Somerset, ME 04945. *Landholding Agency:* GSA. *Property Number:* 54200730003. *Status:* Excess. *GSA Number:* 1-X-ME-0685-2A. *Comments:* 1717 sq. ft. office and garage, possible asbestos/lead paint. Maryland Bldg. 00255, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720052. *Status:* Unutilized. *Comments:* 64 sq. ft., most recent use—storage, off-site use only. Bldg. 00638, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720053. *Status:* Unutilized. *Comments:* 4295 sq. ft., most recent use—storage, off-site use only. Bldg. 00721, Aberdeen Proving Ground, Harford, MD. *Landholding Agency:* Army. *Property Number:* 21200720054. *Status:* Unutilized. *Comments:* 135 sq. ft., most recent use—storage, off-site use only. Suitable/Available Properties Building Maryland Bldgs. 00936, 00937, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720055. *Status:* Unutilized. *Comments:* 2000 sq. ft., most recent use—storage, off-site use only. Bldgs. E1410, E1434, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720056. *Status:* Unutilized. *Comments:* 2276/3106 sq. ft., most recent use—laboratory, off-site use only. Bldg. 03240, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720057. *Status:* Unutilized. *Comments:* 10,049 sq. ft., most recent use—office, off-site use only. Bldg. E3834, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720058. *Status:* Unutilized. *Comments:* 72 sq. ft., most recent use—office, off-site use only. Suitable/Available Properties Building Maryland Bldgs. E4465, E4470, E4480, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720059. *Status:* Unutilized. *Comments:* 17658/16876/17655 sq. ft., most recent use—office, off-site use only. Bldgs. E5137, 05219, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720060. *Status:* Unutilized. *Comments:* 3700/8175 sq. ft., most recent use—office, off-site use only. Bldg. E5236, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720061. *Status:* Unutilized. *Comments:* 10,325 sq. ft., most recent use—storage, off-site use only. Bldg. E5282, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720062. *Status:* Unutilized. *Comments:* 4820 sq. ft., most recent use—hazard bldg., off-site use only. Suitable/Available Properties Building Maryland Bldgs. E5736, E5846, E5926, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720063. *Status:* Unutilized. *Comments:* 1069/4171/11279 sq. ft., most recent use—storage, off-site use only. Bldg. E6890, Aberdeen Proving Ground, Harford, MD 21005. *Landholding Agency:* Army. *Property Number:* 21200720064. *Status:* Unutilized. *Comments:* 1 sq. ft., most recent use—impact area, off-site use only. New Hampshire Modular Offices 43006/43007, 271 Mast Road, Durham, NH 03824. *Landholding Agency:* GSA. *Property Number:* 54200730004. *Status:* Surplus. *GSA Number:* 1-A-NH-0497-1A. *Comments:* 684 sq. ft. each, most recent use—office space, off-site use only. Suitable/Available Properties Building Texas Bldgs. 04281, 04283, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720085. *Status:* Excess. *Comments:* 4000/8020 sq. ft., most recent use—storage shed, off-site use only. Bldg. 04284, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720086. *Status:* Excess. *Comments:* 800 sq. ft., presence of asbestos, most recent use—storage shed, off-site use only. Bldg. 04285, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720087. *Status:* Excess. *Comments:* 8000 sq. ft., most recent use—storage shed, off-site use only. Bldg. 04286, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720088. *Status:* Excess. *Comments:* 36,000 sq. ft., presence of asbestos, most recent use—storage shed, off-site use only. Suitable/Available Properties Building Texas Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720089. *Status:* Excess. *Comments:* 6400 sq. ft., presence of asbestos, most recent use—storage shed, off-site use only. Bldg. 4410, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720090. *Status:* Excess. *Comments:* 12,956 sq. ft., presence of asbestos, most recent use—simulation center, off-site use only. Bldgs. 10031, 10032, 10033, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720091. *Status:* Excess. *Comments:* 2578/3383 sq. ft., presence of asbestos, most recent use—admin., off-site use only. Bldgs. 56524, 56532, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720092. *Status:* Excess. *Comments:* 600 sq. ft., presence of asbestos, most recent use—dining, off-site use only. Suitable/Available Properties Building Texas Bldg. 56435, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720093. *Status:* Excess. *Comments:* 3441 sq. ft., presence of asbestos, most recent use—barracks, off-site use only. Bldg. 05708, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720094. *Status:* Excess. *Comments:* 1344 sq. ft., most recent use—community center, off-site use only. Bldg. 90001, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720095. *Status:* Excess. *Comments:* 3574 sq. ft., presence of asbestos, most recent use—transmitter bldg., off-site use only. Bldg. 90060, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720096. *Status:* Excess. *Comments:* 96 sq. ft., presence of asbestos, most recent use—lab, off-site use only. Suitable/Available Properties Building Texas Bldgs. 90063, 90064, 90065, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720097. *Status:* Excess. *Comments:* 1519/1798/1800 sq. ft., presence of asbestos, most recent use—lab, off-site use only. Bldg. 90066, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720098. *Status:* Excess. *Comments:* 8107 sq. ft., presence of asbestos, most recent use—equipment bldg., off-site use only. Bldg. 93013, Fort Hood, Bell, TX 76544. *Landholding Agency:* Army. *Property Number:* 21200720099. *Status:* Excess. *Comments:* 800 sq. ft., most recent use—club, off-site use only. Suitable/Available Properties Building Virginia Fort Story, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720065. *Status:* Unutilized. *Comments:* 525 sq. ft., most recent use—power plant, off-site use only. Bldg. 00942, Fort Story, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720066. *Status:* Unutilized. *Comments:* 84 sq ft., most recent use—shower, off-site use only. Bldg. 01025, Fort Story, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720070. *Status:* Unutilized. *Comments:* 4800 sq. ft., most recent use—admin., off-site use only. Bldg. 01028, Fort Story, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720071. *Status:* Unutilized. *Comments:* 2398 sq. ft., most recent use—admin., off-site use only. Suitable/Available Properties Building Virginia Bldg. 01633, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720076. *Status:* Unutilized. *Comments:* 240 sq. ft., most recent use—storage, off-site use only. Bldg. 02786, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army *Property Number:* 21200720084 *Status:* Unutilized. *Comments:* 1596 sq. ft., most recent use—admin., off-site use only. Land Colorado 0.05 acres, Paonia Project, Hotchkiss, CO 81419. *Landholding Agency:* Interior. *Property Number:* 61200730005. *Status:* Excess. *Comments:* access restriction. Suitable/Available Properties Land Kentucky Tract V—Parcel B, 3301 Leestown Road, Lexington, KY 40511. *Landholding Agency:* GSA. *Property Number:* 54200730002. *Status:* Excess. *GSA Number:* 4-G-KY-0528-1B. *Comments:* 52 acres w/landfill monitored by Bureau of Prisons IAW Kentucky Dept. of Env. Protection regulations. Suitable/Unavailable Properties Building Virginia Bldg. 01014, Fort Story, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720067. *Status:* Unutilized. *Comments:* 1014 sq. ft., most recent use—admin., off-site use only. Bldg. 01022, Fort Story, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720068. *Status:* Unutilized. *Comments:* 2398 sq. ft., most recent use—dining, off-site use only. Suitable/Unavailable Properties Building Virginia 4 Bldgs., Fort Story, 01023, 01029, 01036, 01038, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720069. *Status:* Unutilized. *Comments:* 4800 sq. ft., most recent use—barracks, off-site use only. Bldg. 01063, Fort Story, Ft. Story, VA 23459. *Landholding Agency:* Army. *Property Number:* 21200720072. *Status:* Unutilized. *Comments:* 2000 sq. ft., most recent use—storage, off-site use only. Bldg. 00215, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720073. *Status:* Unutilized. *Comments:* 2540 sq. ft., most recent use—admin., off-site use only. 4 Bldgs., Fort Eustis, 01514, 01523, 01528, 01529, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720074. *Status:* Unutilized. *Comments:* 4720 sq. ft., most recent use—admin., off-site use only. Suitable/Unavailable Properties Building Virginia 4 Bldgs., Fort Eustis, 01534, 01542, 01549, 01557, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720075. *Status:* Unutilized. *Comments:* 4720 sq. ft., most recent use—admin., off-site use only. Bldgs. 01707, 01719, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720077. *Status:* Unutilized. *Comments:* 4720 sq. ft., most recent use—admin., off-site use only. Bldg. 01720, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720078. *Status:* Unutilized. *Comments:* 1984 sq. ft., most recent use—admin., off-site use only. Bldgs. 01721, 01725, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720079. *Status:* Unutilized. *Comments:* 4720 sq. ft., most recent use—admin., off-site use only. Suitable/Unavailable Properties Building Virginia Bldgs. 01726, 01735, 01736, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720080. *Status:* Unutilized. *Comments:* 1144 sq. ft., most recent use—admin., off-site use only. Bldgs. 01734, 01745, 01747, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720081. *Status:* Unutilized. *Comments:* 4720 sq. ft., most recent use—admin., off-site use only. Bldg. 01741, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720082. *Status:* Unutilized. *Comments:* 1984 sq. ft., most recent use—admin., off-site use only. Bldg. 02720, Fort Eustis, Ft. Eustis, VA 23604. *Landholding Agency:* Army. *Property Number:* 21200720083. *Status:* Unutilized. *Comments:* 400 sq. ft., most recent use—storage, off-site use only. Unsuitable Properties Building Alaska Bldgs. K07, K15, Air Station, Sitka, AK 99835. *Landholding Agency:* Coast Guard. *Property Number:* 88200730001. *Status:* Unutilized. *Reasons:* Extensive deterioration. Arizona Mobile Home, Walnut Canyon, Coconino, AZ 86004. *Landholding Agency:* Interior. *Property Number:* 61200730002. *Status:* Excess. *Reasons:* Extensive deterioration. Unsuitable Properties Building Connecticut 4 Bldgs., Naval Submarine Base, 35, 37, 119, 124, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730001. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. 4 Bldgs., Naval Submarine Base, 149, 161, 165, 172, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730002. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. Bldgs. 223, 341, Naval Submarine Base, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730003. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. Unsuitable Properties Building Connecticut 4 Bldgs., Naval Submarine Base, 353, 379, 385, 397, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730004. *Status:* Unutilized. *Reasons:* Within 2000 ft. of flammable or explosive material Secured Area. 5 Bldgs., Naval Submarine Base, 400, 405, 408, 409, 411, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730005. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. Bldgs. 442, 447, Naval Submarine Base, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730006. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. Unsuitable Properties Building Connecticut 4 Bldgs., Naval Submarine Base, 450, 453, 479, 491, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730007. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. Bldgs. D, M, Naval Submarine Base, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730008. *Status:* Unutilized. *Reasons:* Within 2000 ft. of flammable or explosive material, Secured Area. Structures A86, A87, Naval Submarine Base, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730009. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. Unsuitable Properties Building Connecticut 4 Structures, Naval Submarine Base, 336, 377, 378, 452, New London, CT 06349. *Landholding Agency:* Navy. *Property Number:* 77200730010. *Status:* Unutilized. *Reasons:* Secured Area Within 2000 ft. of flammable or explosive material. Idaho 8 Buildings, Palmer Residence, Montour, ID. *Landholding Agency:* Interior. *Property Number:* 61200730004. *Status:* Unutilized. *Reasons:* Extensive deterioration. Illinois Army Reserve Center, 622 Railroad Street, Joliet, IL. *Landholding Agency:* GSA. *Property Number:* 54200730001. *Status:* Excess. *GSA Number:* 1-IL-734. *Reasons:* Within 2000 ft. of flammable or explosive material. Unsuitable Properties Building New Mexico Bldgs. 807, 6017 CAMU2 & CAMU3, Sandia Natl. Laboratories, Albuquerque, NM 87185. *Landholding Agency:* Energy. *Property Number:* 41200730001. *Status:* Unutilized. *Reasons:* Secured Area. New York Bldgs. 13, 14, Mitchell Field, Garden City, NY 11530. *Landholding Agency:* Navy. *Property Number:* 77200730011. *Status:* Unutilized. *Reasons:* Extensive deterioration. Tennessee Bldg. 142, Big South Fork, Oneida, TN 37841. *Landholding Agency:* Interior. *Property Number:* 61200730003. *Status:* Unutilized. *Reasons:* Extensive deterioration. Unsuitable Properties Building Washington No. 80, Prosser, Co: Yakima, WA 99350. *Landholding Agency:* Interior. *Property Number:* 61200730006. *Status:* Unutilized. *Reasons:* Extensive deterioration. Garage, Browns Point Light Station, Tacoma, WA 99207. *Landholding Agency:* Coast Guard. *Property Number:* 88200730002. *Status:* Unutilized. *Reasons:* Extensive deterioration. Land Indiana Access Site, Grandview, Co: Spencer, IN. *Landholding Agency:* GSA. *Property Number:* 54200730005. *Status:* Excess. *GSA Number:* 1-D-IN-599. *Reasons:* Floodway. [FR Doc. E7-14318 Filed 7-26-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5163-N-01] Notice of Availability of Fleet Alternative Fuel Vehicle Acquisition Report AGENCY: Office of the Assistant Secretary for Administration, HUD. ACTION: Notice of availability of reports. SUMMARY: Through this notice, HUD is making available on its Web site, a copy of HUD's Alternative Fuel Vehicles Report for Fiscal Year 2006 that was prepared in accordance with the Energy Policy Act of 1992. FOR FURTHER INFORMATION CONTACT: Robert E. Byrd, Jr., Deputy Director, Office of Administrative and Management Services, Office of Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-3000, at
(202)402-7363 (this is not a toll-free number). Persons with hearing or speech impairments may access these numbers through TTY by calling the toll-free Federal Information Relay Service number at
(800)877-8339. SUPPLEMENTARY INFORMATION: The Energy Policy Act (42 U.S.C. 13201 *et seq.* ) (the Act) establishes a comprehensive plan to achieve economic, energy and environmental benefits by promoting the use of alternative fuels. A major goal of the Act is to have the federal government exercise leadership in the use of alternative fuel vehicles. To that end, the Act established alternative fuel vehicle purchasing requirements for the federal fleets of government agencies, and requires federal agencies to report on their compliance with the requirements of the Act. A copy of HUD's Alternative Fuel Vehicle Reports can be obtained via the World Wide Web at: *http://www.hud.gov/offices/adm/reports/admreports.cfm.* Dated: July 24, 2007. Keith A. Nelson, Assistant Secretary for Administration. [FR Doc. E7-14582 Filed 7-26-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of Three Wildlife Species and Two Plant Species in the Midwest Region AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of review; request for information. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), initiate 5-year reviews of eastern prairie fringed orchid ( *Platanthera leucophaea* ), Hine's emerald dragonfly ( *Somatochlora hineana* ), Fassett's locoweed ( *Oxytropis campestris var. chartacea* ), Kirtland's warbler ( *Dendroica kirtlandii* ), and white cat's paw pearly mussel ( *Epioblasma obliquata perobliqua* ) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of this review, we will make a finding on whether these species are properly classified under the Act. DATES: To allow us adequate time to conduct these reviews, we must receive your information no later than October 25, 2007. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Submit information to the appropriate U.S. Fish and Wildlife Service Ecological Services Field Supervisor below: 1. *Eastern prairie fringed orchid and Hine's emerald dragonfly:* mail or hand-deliver to 1250 South Grove Avenue, Suite 103, Barrington, IL 60010, or e-mail to *fw3easternprairiefringedorchid5year@fws.gov* or *fw3hinesemeralddragonfly5year@fws.gov.* 2. *Fassett's locoweed:* mail or hand-deliver to 2661 Scott Tower Drive, New Franken, WI 54229, or e-mail to *fw3fassettslocoweed5year@fws.gov.* 3. *Kirtland's warbler:* mail or hand-deliver to 2651 Coolidge Road, Suite 101, East Lansing, MI 48823-6316, or e-mail to *fw3kirtlandswarbler5year@fws.gov.* 4. *White cat's paw pearly mussel:* mail or hand-deliver to 6950 Americana Parkway, Suite H, Reynoldsburg, OH 43068-4127, or e-mail to *fw3whitecatspaw5year@fws.gov.* See SUPPLEMENTARY INFORMATION for additional information. FOR FURTHER INFORMATION CONTACT: 1. *Eastern prairie fringed orchid and Hine's emerald dragonfly:* Mr. Kris Lah, Chicago Ecological Services Field Office (see ADDRESSES ); telephone
(847)381-2253; facsimile
(847)381-2285. 2. *Fassett's locoweed:* Ms. Leakhena Au, Green Bay Ecological Services Field Office (see ADDRESSES ); telephone
(920)866-3650; facsimile
(920)866-1710. 3. *Kirtland's warbler:* Mr. Chris Mensing, East Lansing Ecological Services Field Office (see ADDRESSES ); telephone
(517)351-8316; facsimile
(517)351-1443. 4. *White cat's paw pearly mussel:* Ms. Angela Zimmerman; Reynoldsburg Ecological Services Field Office (see ADDRESSES ); telephone
(614)469-6923, extension 22; facsimile
(614)469-6919. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at
(800)877-8337 for TTY assistance. SUPPLEMENTARY INFORMATION: We initiate a 5-year reviews of eastern prairie fringed orchid, Hine's emerald dragonfly, Fassett's locoweed, Kirtland's warbler, and white cat's paw pearly mussel under section 4(c)(2)(A) of the Act (16 U.S.C. 1531 *et seq.* ). We request any new information and appropriate data since their original listing or most recent status review that document the need to delist or reclassify these species. A 5-year review is a periodic process conducted to ensure that the classification of a listed species is appropriate. It is based on the best scientific and commercial data available at the time of the review. Based on the results of these 5-year reviews, we will make a finding of whether these species are properly classified under section 4(c)(2)(B) of the Act. Under the Act, we maintain the List of Endangered and Threatened Wildlife and Plant Species
(List)at 50 CFR 17.11 and 17.12. We amend the List by publishing final rules in the **Federal Register** . The List is available on our Internet site at *http://www.fws.gov/endangered/wildlife.html#species.* Section 4(c)(2)(A) of the Act requires that we conduct a review of listed species at least once every 5 years. Section 4(c)(2)(B) requires that we determine
(1)Whether a species no longer meets the definition of threatened or endangered and should be removed from the List (delisted);
(2)whether a species more properly meets the definition of threatened and should be reclassified from endangered to threatened; or
(3)whether a species more properly meets the definition of endangered and should be reclassified from threatened to endangered. Using the best scientific and commercial data available, a species will be considered for delisting if the data substantiate that the species is neither endangered nor threatened for one or more of the following reasons:
(1)The species is considered extinct;
(2)the species is considered to be recovered; and/or
(3)the original data available when the species was listed, or the interpretation of such data, were in error. Any change in Federal classification requires a separate rulemaking process. Definitions To help you submit information about the species we are reviewing, we provide the following definitions: *Species* includes any species or subspecies of fish or wildlife or plant, and any distinct population segment of any species of vertebrate which interbreeds when mature. *Endangered species* means any species that is in danger of extinction throughout all or a significant portion of its range. *Threatened species* means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The regulations in 50 CFR 424.21 require that we publish a notice in the **Federal Register** announcing those species currently under active review. This announces our active review of eastern prairie fringed orchid, Hine's emerald dragonfly, Fassett's locoweed, Kirtland's warbler, and white cat's paw pearly mussel. Species Summary Common name Scientific name Status Listed entity When listed Kirtland's
(wood)warbler *Dendroica kirtlandii* Endangered U.S.A. (principally MI), Canada, West Indies-Bahama Islands Mar 11, 1967 (32 FR 4001). White cat's paw pearly mussel *Epioblasma obliquata perobliqua* Endangered U.S.A. (IN, MI, OH) June 14, 1976 (41 FR 24064). Hine's emerald dragonfly *Somatochlora hineana* Endangered U.S.A. (IL, IN, OH, WI) Jan 26, 1995 (60 FR 5273). Eastern prairie fringed orchid *Platanthera leucophaea* Threatened U.S.A. (AR, IA, IL, IN, ME, MI, MO, NE, NJ, NY, OH, OK, PA, VA, WI), Canada (Ont., N.B.). Sept 28, 1989 (54 FR 39863). Fassett's locoweed *Oxytropis campestris* var. *chartacea* Threatened U.S.A.
(WI)Sept 28, 1988 (53 FR 37972). Public Solicitation of New Information To ensure that the 5-year reviews are complete and based on the best scientific and commercial data available, we are soliciting new information from the public, concerned governmental agencies, tribes, the scientific community, industry, environmental entities, and any other interested parties concerning the status of eastern prairie fringed orchid, Hine's emerald dragonfly, Fassett's locoweed, Kirtland's warbler, and white cat's paw pearly mussel. A 5-year review considers the best scientific and commercial data and all new information that has become available since the listing determination or most recent status review. Categories of requested information include
(A)Species biology, including but not limited to population trends, distribution, abundance, demographics, and genetics;
(B)habitat conditions, including but not limited to amount, distribution, and suitability;
(C)conservation measures that have been implemented that benefit the species;
(D)threat status and trends; and
(E)other new information, data, or corrections, including but not limited to taxonomic or nomenclature changes, identification of erroneous information contained in the List, and improved analytical methods. Electronic Access and Filing You must submit electronic information (see ADDRESSES ) in MS Word, Rich Text format, or Plain Text format, and include the species common name in the title line (for example, “Fassett's Locoweed 5-Year Review Comments”). Information submitted to the U.S. Fish and Wildlife Service Ecological Services Field Supervisor (see ADDRESSES ) must be received within sufficient time to allow adequate time to conduct these 5-year reviews (see DATES ). If you do not respond to this request for information but subsequently possess information on the status of these species, we will accept new information regarding any federally listed species at any time. Our practice is to make information, including names and home addresses of respondents, available for public review during regular business hours. Before including your address, telephone number, e-mail address, or other personal identifying information with your response, you should be aware that your entire submission—including your personal information—may be made publicly available at any time. While you can ask us in your response to withhold your personal identifying information from public review, we cannot guarantee that we will able to do so. We will not, however, consider information submitted anonymously. To the extent consistent with applicable law, 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. Information received in response to this notice will be available for public inspection, by appointment, during normal business hours (see ADDRESSES ). Authority: This document is published under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Dated: June 29, 2007. Wendi Weber, Assistant Regional Director, Ecological Services, Region 3. [FR Doc. E7-14535 Filed 7-26-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of the Draft Revised Recovery Plan for the Apache Trout ( Oncorhynchus apache ) AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of document availability. SUMMARY: The U.S. Fish and Wildlife Service (Service) announces the availability for public review of the draft revised Recovery Plan for the Apache trout ( *Oncorhynchus apache* ). The Apache trout currently inhabits the upper Salt River and Little Colorado River drainages in Arizona. The Service solicits review and comment from the public on this draft revised Recovery Plan. The Service will also accept any new information received during the comment period to complete its 5-year review of the Apache trout. DATES: The comment period for this draft revised Recovery Plan (Recovery Plan) closes September 25, 2007. Comments on the Recovery Plan must be received by the closing date to ensure consideration. ADDRESSES: Persons wishing to review the Recovery Plan can obtain a paper or CD copy from the Arizona Fishery Resources Office, U.S. Fish and Wildlife Service, P.O. Box 39, Pinetop, Arizona 85935, telephone 928/338-4288, facsimile 928/338-4763, e-mail: *Stewart_Jacks@fws.gov* . The Recovery Plan may also be obtained from the Internet at *http://www.fws.gov/endangered* by selecting “Species Search” from the left-side menu bar and entering the species' name in the “Search Species” text box. If you wish to comment on the Recovery Plan, you may submit your comments and materials to the Arizona Fishery Resources Office. FOR FURTHER INFORMATION CONTACT: Stewart Jacks, Project Leader, at the Pinetop address above. SUPPLEMENTARY INFORMATION: Background The Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 *et seq.* ) requires the development of recovery plans for listed species unless such a plan would not promote the conservation of a particular species. Section 4(f) of the Act, as amended in 1988, requires that public notice and an opportunity for public review and comment be provided during recovery plan development. The Service will consider all information presented during a public comment period prior to approval of each new or revised recovery plan. The Service and other Federal agencies will also take these comments into account in the course of implementing recovery plans. The Service is also conducting a 5-year review for Apache trout under section 4(c)(2)(A) of the Act. A 5-year review is a periodic process, based on the best scientific and commercial data available at the time of the review, conducted to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Species
(List)is accurate. We initiated the 5-year review for Apache trout on April 21, 2006 (71 FR 20714). Because the Service has not yet completed this review, we will use any new information received during the comment period for the revised Recovery Plan to complete the 5-year review for Apache trout. Based on the results of the 5-year review, we will make a recommendation whether the Apache trout should retain its current classification as threatened, be reclassified to endangered, or removed from the List (delisted). The Service will undertake a separate rulemaking process if the Apache trout is to be reclassified or delisted. The document submitted for review is the revised Recovery Plan for the Apache trout. Currently, the Apache trout is believed to occur in a 190 km (118 mi) reach of the upper Salt River and Little Colorado River drainages in Arizona. The species was listed as federally endangered in 1967 (32 FR 4001) and reclassified to threatened in 1975 (40 FR 29863). Critical habitat has not been designated. Throughout much of its historic range, the decline of the Apache trout may be attributed to destruction, drastic modification, or severe curtailment of its habitat and hybridization with introduced trout species. The Recovery Plan includes scientific information about the species and provides criteria and actions needed to delist (recover) the species. Delisting of the species may be considered when 30 self-sustaining populations that maintain, to the maximum extent practicable, the remaining genetic diversity of the species have been established within historical range and threats to the populations have been identified, assessed, and ameliorated. Recovery actions designed to achieve this criterion include:
(1)Complete any regulatory compliance required under the National Environmental Policy Act, Clean Water Act, or other applicable legislation to implement recovery actions;
(2)Construct new fish barriers and maintain existing fish barriers;
(3)Remove or minimize undesirable fish using piscicides or other feasible means in all or portions of recovery streams;
(4)Establish and maintain 30 self-sustaining populations of pure Apache trout; and,
(5)Monitor all populations. The original Apache trout Recovery Plan was finalized in 1979 and revised in 1983. This draft revised Recovery Plan retains the 1983 criterion to establish and maintain 30 self-sustaining populations; however, it limits recovery populations to those within historic range. It also includes additional objectives to ameliorate threats relative to the five listing factors. The revised recovery strategy allows for the use of hatchery propagated Apache trout to repatriate a renovated and secured stream if such populations cannot be established by moving fish from a relict or replicated population. A post-delisting management plan will incorporate genetic considerations. The Recovery Plan is being submitted for review to all interested parties. Peer review will be conducted concurrent with public review. After consideration of comments received during the public and peer review period, the Recovery Plan will be submitted for final approval. Public Comments Solicited The Service solicits written comments on the Recovery Plan described. All comments received by the date specified above will be considered prior to approval of the final Recovery Plan and new information will also be used to complete the 5-year review. Public Availability of Comments 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. Authority The authority for this action is Section 4(f) of the Endangered Species Act, 16 U.S.C. 1533(f). Dated: June 28, 2007. Benjamin N. Tuggle, Regional Director, Region 2. [FR Doc. E7-14550 Filed 7-26-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-039-1320-PK] Notice of Public Meeting, Dakotas Resource Advisory Council Meeting AGENCY: Bureau of Land Management, Interior. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FELPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM), Dakotas Resource Advisory Council will meet as indicated below. DATES: A meeting will be held September 6, 2007, at the BLM North Dakota Field Office at 99 23rd Avenue West, Dickinson, ND 58601 beginning at 8 a.m. The public comment period will begin at 1 p.m. on Thursday, September 6, 2007. SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in North and South Dakota. All meetings are open to the public. The public may present written comments to the Council. Each formal Council meeting will also have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, or other reasonable accommodations, should contact the BLM as provided below. The Council will hear updates to Recreation Resource Advisory Committee roles, Sage Grouse Conservation, recreation fees and upcoming resource management planning efforts. FOR FURTHER INFORMATION CONTACT: Lonny Bagley, Field Manager, North Dakota Field Office, 99 23rd Avenue West, Dickinson, ND 58601, North Dakota, 701.227.7700, or Marian Atkins, Field Manager, South Dakota Field Office, 310 Roundup St., Belle Fourche, South Dakota, 605.892.7000. Dated: July 23, 2007. Karen A. Wolf, Acting Field Manager. [FR Doc. 07-3694 Filed 7-26-07; 8:45 am]
Connectionstraces to 4
13 references not yet in our index
  • 5 CFR 1320.10
  • Pub. L. 104-13
  • 40 CFR 93.153(h)(2)
  • 40 CFR 93
  • 40 CFR 93.153(b)
  • 40 CFR 93.153(h)(1)
  • 40 CFR 51
  • 40 CFR 93.152
  • 40 CFR 93.159
  • 40 CFR 93.158
  • 24 CFR 581
  • 50 CFR 17.11
  • 50 CFR 424.21
Citation graph
cites case law
Proposed Rules
Notice; opportunity for review and comment
Cite5 CFR 1320.10
Pub. L.Pub. L. 104-13
Cite40 CFR 93.153(h)(2)
Cite40 CFR 93
Cite40 CFR 93.153(b)
Cites 17 · showing 9Cited by 0 across 0 sources
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