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Code · REGISTER · 2007-10-05 · Bureau of Indian Affairs, Department of the Interior · Notices

Notices. Notice

20,375 words·~93 min read·/register/2007/10/05/07-4939

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

BILLING CODE 4310-RK-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Pueblo of Tesuque Liquor Control Ordinance AGENCY: Bureau of Indian Affairs, Department of the Interior. ACTION: Notice. SUMMARY: This notice publishes the Pueblo of Tesuque Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Pueblo of Tesuque Indian Reservation. The Reservation is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the exterior boundaries of the Pueblo of Tesuque Indian Reservation.
This Ordinance will increase the ability of the tribal government to control the distribution and possession of liquor within their reservation and at the same time will provide an important source of revenue and strengthening of the tribal government and the delivery of tribal services. DATES: *Effective Date:* This Ordinance is effective as of October 5, 2007. FOR FURTHER INFORMATION CONTACT: Iris A. Drew, Tribal Government Services Officer, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104;
Telephone
(505)563-3530; Fax
(505)563-3060; or Elizabeth Colliflower, Office of Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone
(202)513-7627; Fax
(202)208-5113. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953; Public Law 82-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme court in *Rice* v. *Rehner,* 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the **Federal Register** notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Pueblo of Tesuque Tribal Council adopted this Liquor Control Ordinance by Resolution 14-06-18-2007, on June 12, 2007. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within the Pueblo of Tesuque Indian Reservation. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that this Liquor Ordinance of the Pueblo of Tesuque was duly adopted by the Tribal Council on June 12, 2007. Dated: October 1, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. The Pueblo of Tesuque Liquor Ordinance reads as follows: Pueblo of Tesuque, Liquor Control Ordinance, Adopted on December 8, 1970 by the Pueblo of Tesuque Tribal Council, and Published in the **Federal Register** ; Vol. 30, No. 79, on page 23, 1971 Amended by Resolution No. 14-06-18-2007 adopted on June 12, 2007. Section I. Title This Liquor Ordinance shall be known as the Pueblo of Tesuque Liquor Control Ordinance (“Liquor Ordinance”). Section II. Purpose The purpose of this Liquor Ordinance is to regulate and control the possession, sale, and consumption of liquor within the exterior boundaries of the Pueblo of Tesuque. Section III. Authority The Pueblo enacts this Liquor Ordinance pursuant to its inherent governmental powers and in accordance with its traditional law, which empowers its Tribal Council to enact Ordinances. This Liquor Ordinance conforms with and also has been enacted pursuant to the Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161). The Sale of Liquor shall be lawful within the Reservation if such Sale complies with this Liquor Ordinance and, to the extent required by federal law, applicable laws of the State of New Mexico. Section IV. Definitions Except as otherwise provided herein, the following definitions apply throughout this Liquor Ordinance: A. “Beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt, and hops or other cereals in drinking water, and includes porter, beer, ale and stout; B. “Certified Server” means any employee of a Liquor Licensee who is twenty-one
(21)years of age or older, who is certified to Sell Liquor on the Reservation on behalf of the Liquor Licensee in accordance with this Liquor Ordinance, and who has successfully completed a Liquor server training program approved by the Commission or the Tribal Council; C. “Commission” means the Pueblo of Tesuque Liquor Licensing Commission; D. “Commissioner” means a member of the Commission who reviews and decides upon Liquor Licensing applications; E. “Enterprise” means a business wholly-owned, operated, and/or controlled by the Pueblo that is engaged in, or wishes to engage in, the business of Selling Liquor on the Reservation; F. “Governor” means the Governor of the Pueblo or his designee; G. “Liquor” means the product of distillation of any fermented liquid, rectified either once or more often, of whatever the origin, and includes synthetic ethyl alcohol, which is considered nonpotable. “Liquor” includes distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions, or mixtures of one or more of the foregoing containing more than one-half percent alcohol, but less than twenty-one percent alcohol by volume, including Beer, Spirits, Wine, and Malt Liquor. Beer, Spirits, Wine, and Malt Liquor and liquors or solids containing in excess of 1/2 of 1% (.05%) of alcohol by volume, but not more than twenty-one percent (21%) shall be considered liquor. H. “Licensed Liquor Establishment” means a designated physical location within the Reservation from which a Liquor Licensee is authorized to Sell Liquor under the provisions of the Liquor License granted by the Commission in accordance with this Liquor Ordinance; I. “Liquor License” means a revocable license granted by the Commission authorizing the Liquor Licensee named therein and its Certified Servers to Sell Liquor at a specified Licensed Liquor Establishment on the Reservation; J. “Liquor Licensee” means the holder of a valid Liquor License allowing the Sale of Liquor in a designated Licensed Liquor Establishment, as authorized and granted by the Commission; *provided* that a “Liquor Licensee” may be any eligible Person or the Pueblo, including any subdivision thereof or an Enterprise; K. “Malt Liquor” means an alcoholic drink made from malt, typically having a higher alcohol content than most Beer or ale; L. “Minor” means any individual under the age of twenty-one (21); M. “Package Sale” means any Sale of Liquor in containers filled or packed by a manufacturer or wine bottler and Sold by a Liquor Licensee in an unbroken package for consumption off the Licensed Liquor Establishment premises and not for resale; N. “Person” means an individual, trust, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever; O. “Public Place” means gaming, eating, and commercial or community facilities of every nature that are open to and/or are generally used by the public and to which the public is permitted to have unrestricted access; public conveyances of all kinds and character; and all other places of like or similar nature to which the general public has unrestricted access or to which the general public has been invited, and generally used by the public; P. “Pueblo” means the Pueblo of Tesuque; Q. “Reservation” means all lands within the exterior boundaries of the Pueblo's territories, all lands owned by the Pueblo subject to federal restrictions on alienation, and all other lands that are now or may hereafter be acquired or conveyed in fee to, held in trust for the benefit of the Pueblo, or held by the Pueblo subject to restrictions against alienation, whether by purchase, gift, act of Congress, or otherwise; R. “Sale” or “Sell” means an exchange, transfer, sale, supply, barter, traffic, donation, with or without consideration, serving for consumption, dispensing, delivering, or distributing, by any means whatsoever, of Liquor on the Reservation by any Person; S. “Spirits” means any beverage that contains alcohol obtained by distillation, mixed with drinkable water and other substances in solution, including brandy, rum, whiskey, and gin. T. “State” means the State of New Mexico. U. “Tax Commission” means the Tax Commission of the Pueblo of Tesuque or such other tribal commission, official, council, or subdivision designated by the Tribal Council to carry out the duties of the Tax Commission hereunder; V. “Tribal Council” means the Pueblo of Tesuque Tribal Council. W. “Tribal Court” means any or all of the courts established by the Pueblo to enforce its law; X. “Wholesaler” means a person whose place of business is located off the Reservation and who Sells, or possesses for the purpose of Sale, any Liquor for resale by a Liquor Licensee; Y. “Wholesaler License” means a revocable license granted by the Commission authorizing the Wholesaler named therein to do business on the Reservation with a Liquor Licensee; and Z. “Wholesaler Licensee” means the holder of a valid Wholesaler License. AA. “Wine” means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, such as grapes or apples or other agricultural products, containing sugar, including fortified wines such as port, sherry, and champagne. Section V. Powers of Enforcement A. The Tribal Council hereby asserts primary regulatory authority over the subject matter of this Liquor Ordinance. The Tribal Council shall have the following powers and duties: 1. To establish, publish and enforce rules and regulations governing the Sale, and distribution of Liquor within the Reservation. Such rules and regulations shall be at least as stringent as the rules and regulations of the State; 2. To employ managers, accountants, security personnel, inspectors, and other such persons as may be reasonably necessary to allow the Tribal Council to perform its functions under this Liquor Ordinance; 3. To establish a Commission to handle the rights and responsibilities of the Commission. 4. To exercise such other powers as are necessary and appropriate to fulfill the purposes of this Liquor Ordinance. B. The Commission shall have the authority to enforce this Liquor Ordinance and shall have the following powers and duties: 1. To authorize the Sale of Liquor at licensed Liquor establishments and in Public Places within the Reservation that have been specifically approved by a duly adopted Resolution of the Tribal Council. 2. To bring suit in any court of competent jurisdiction to enforce this Liquor Ordinance as necessary; 3. To determine penalties and seek damages for violations of this Liquor Ordinance; and 4. To collect fees levied or set in relation to this Liquor Ordinance and keep accurate records, books, and accounts. Section VI. Limitations A. In the exercise of its powers and duties under this Liquor Ordinance, the Tribal Council, Commission, and their individual members shall not accept gratuities, compensation, or other things of value from any Liquor Licensee, Wholesaler, retailer, or distributor. B. Notwithstanding any other provision of this Liquor Ordinance, no penalty may be imposed pursuant or related to this Liquor Ordinance in contravention of any limitation imposed by the Indian Civil Rights Act of 1968, 82 Stat. 77, 25 U.S.C. 1301, *et seq.* , or other applicable federal law. C. No violations of this Liquor Ordinance shall be construed to be a criminal act, and as such, this Liquor Ordinance is intended to be applicable to Indians and non-Indians alike. D. If any act prohibited under this Liquor Ordinance would be deemed a criminal act under state or federal law, and if the person so acting is non-Indian, the Pueblo shall cause the non-Indian to be referred to state and/or federal authorities for criminal investigation and possible prosecution under applicable state and/or federal criminal law. E. If any act prohibited under this Liquor Ordinance would be deemed a criminal act under state or federal law, and if the individual so acting is an Indian, the Pueblo may prosecute the individual in Tribal Court, and, if found guilty, such Indian shall be punished in accordance with the criminal laws of the Pueblo. F. Nothing in this Liquor Ordinance, including but not limited to any penalty imposed by the Tribal Court or Commission, shall be construed to bar a similar trial or punishment to the full extent of any applicable state and/or federal civil or criminal law. Section VII. Inspection Rights A. All premises upon which Liquor is sold, stored, or distributed, including any Licensed Liquor Establishment, shall be open to inspection by Pueblo, Tribal law enforcements officers, federal inspectors and federal law enforcement officers for the purposes of ascertaining compliance with this Liquor Ordinance and applicable law. B. Any Person who prevents or hinders, or attempts to prevent or hinder, such inspection shall be in violation of this Liquor Ordinance. Section VIII. Authorized Liquor Sales and Practices A. *Generally.* Except as otherwise provided herein, Liquor Licensees may Sell Liquor on the Reservation at such places and hours permitted by their Liquor License and allowed by applicable Pueblo and State law. B. *Sales on Sundays and Election Days.* Except as otherwise limited by the Tribal Council, the Sale of Liquor shall be allowed on Sunday and on any Pueblo, federal, or State election day to the same extent authorized by the State. C. *Sales Only by Certified Servers.* All Liquor Sales on the Reservation authorized by this Liquor Ordinance must be made only by Certified Servers who have been certified by the entity providing the training program. Annually, and upon the request of the Tesuque Governor or the Commission, a Liquor Licensee must submit proof that all its employees Selling Liquor are Certified Servers. D. *Liquor Sales at Gaming Facility.* Any Sale of Liquor at a gaming facility must comply with all applicable provisions of any tribal-state class III gaming compact between the Pueblo and the State, as it now exists or hereafter may be amended. E. *Wholesale Liquor Transactions.* A Liquor Licensee may purchase Liquor for resale at a Licensed Liquor Establishment only from a Wholesaler possessing a valid Wholesale License. A Wholesale Licensee may Sell Liquor for resale at a Licensed Liquor Establishment only to holders of valid Liquor Licenses issued by the Commission, *provided* that such Sales are otherwise in conformity with this Liquor Ordinance and applicable laws of the State. Section IX. Prohibited Liquor Sales and Practices A. *Resale.* No Liquor Licensee shall Sell Liquor on the Reservation for resale; all such Sales must be for the personal use and consumption of the purchaser. Resale of any Liquor purchased from other than a licensed wholesaler within the exterior boundaries of the Reservation is prohibited. Any Person who is not licensed pursuant to this Liquor Ordinance who purchases Liquor within the boundaries within the Reservation and re-sells it, whether in the original container or not, shall be in violation of this Liquor Ordinance and shall be subject to penalties under this Liquor Ordinance. B. *Bringing Liquor onto Licensed Liquor Establishment Premises.* No Person shall bring any Liquor for personal consumption into any Licensed Liquor Establishment where Liquor is authorized to be Sold by the drink, unless such Liquor was purchased on such premises, or unless the possession or distribution of such Liquor on such premises is otherwise authorized under the provisions of this Liquor Ordinance. C. *Other Prohibitions on Hours and Days of Sales.* The Tribal Council may, by duly enacted resolution, establish other days on which, or times at which, Sales or consumption of Liquor is not permitted within the Reservation. The Tribal Council shall give prompt notice of any such enactment to all Wholesaler Licensees, Liquor Licensees, and Licensed Liquor Establishments doing business within the Reservation. D. *No Sales to Minors.* No Person shall Sell Liquor on the Reservation to a Minor. It shall be a defense to an alleged violation of this Section that the Minor presented to the Seller of the Liquor an apparently valid identification document showing the Minor's age to be twenty-one
(21)years or older. E. *No Sales to Intoxicated Persons.* No Person shall Sell Liquor on the Reservation to a Person believed to be intoxicated. F. *Sales Must Be Made by Adults.* No Minor shall take any order, make any delivery, or accept payment for any Sale of Liquor within the Reservation, or otherwise have any direct involvement in any such Sale. G. *All Sales Cash.* A Licensed Liquor Establishment shall not make any Sale of any Liquor without receiving payment therefore by cash, check, or credit card at or about the time the Sale is made; *provided* that nothing herein shall preclude the Licensed Liquor Establishment from receiving a delivery of Liquor from a duly authorized Wholesaler if arrangements have been made to pay for such delivery at a different time; and *provided further* that nothing herein shall preclude the Licensed Liquor Establishment from allowing a customer to purchase more than one item in sequence, and to pay for all such purchases at the conclusion thereof, so long as payment is made in full before the customer has left the premises; and *provided further* that nothing herein shall prevent the Licensed Liquor Establishment from distributing Liquor to customers without charge, so long as such distribution is not otherwise in violation of any provision of this Liquor Ordinance. H. *Open Containers Prohibited.* No Person shall have an open container of any Liquor in any automobile, whether moving or standing still, or in a Public Place, other than on the premises of a Licensed Liquor Establishment or in Public Places as authorized by a duly adopted Resolution of the Tribal Council. This Section shall not apply to empty containers. Section X. Licensing A. Pueblo of Tesuque Licensing Commission 1. All applications for Liquor Licenses will be reviewed and decided upon by the Pueblo of Tesuque Liquor Licensing Commission. 2. This Commission will be made of up three individuals from the Pueblo. 3. These individuals shall be referred to as “Commissioners.” 4. The Commission shall be made up of the following commissioners: a. One member shall be the tax administrator for the Pueblo; and b. Two members shall be tribal members selected by the Tribal Council. B. General Eligibility; Applications 1. The Pueblo, including any Pueblo governmental entity, or an Enterprise, is deemed eligible to be a Liquor Licensee without further application under this Liquor Ordinance except as such licensing pertains to the designation of the Licensed Liquor Establishment itself. If the applicant is an Enterprise of the Pueblo, the Enterprise shall be the named Liquor Licensee. 2. Any other Person that wants to Sell Liquor on the Reservation must demonstrate general eligibility and apply to become a Liquor Licensee on the application forms, accompanied by the fee, and in the manner prescribed by the Commission. Any Person that is currently employed by the Pueblo or an Enterprise of the Pueblo is not eligible to be a Liquor Licensee. C. Additional Tribal Liquor License Requirements No License shall be issued under this Liquor Ordinance except upon a sworn application filed with the Commission containing a full and complete showing of the following: 1. Satisfactory proof that the applicant is duly licensed by the State to sell Liquor; 2. The description and location of the premises in which the Liquor is to be sold and proof that the applicant is entitled to use such premises for such purpose for the duration of the time period of the Liquor License. 3. Agreement by the applicant to accept and abide by all conditions of the Liquor License and this Liquor Ordinance. 4. Payment of a fee established by the Commission. 5. Satisfactory proof that neither the applicant, nor the applicant's spouse, nor any principal owner, officer, shareholder, or director of the applicant, has ever been convicted of a felony or a crime of moral turpitude as defined by the laws of the State. 6. If such Person is an individual, he or she must be at least twenty-one
(21)years of age, and not have been convicted of a Liquor-related misdemeanor within the last five
(5)years or a felony; and 7. If such Person is a corporation, partnership, or other business entity, the manager of the proposed Licensed Liquor Establishment must be an individual at least twenty-one
(21)years of age, who has not been convicted of a Liquor-related misdemeanor within the last five
(5)years or a felony. 8. Any non-Tribal applicant for a Liquor License must submit to a background investigation by filing with the application two
(2)complete sets of his or her fingerprints taken under the supervision of and certified to by a Tribe or federal law enforcement officer. In such a case, the Commission may issue a temporary Liquor License pending the results of the background clearance, subject to revocation at any time, with or without cause. C. Licensed Liquor Establishments 1. In its application for a Liquor License, the applicant also must request that the Commission designate and license a specific location where the Liquor Licensee is authorized to Sell Liquor on the Reservation. The applicant shall, at a minimum, submit a map showing the location of the proposed site and the perimeters of the land and building, together with a general description of the premises. A parcel of land not containing a building may be a Licensed Liquor Establishment, including but not limited to areas within and adjacent to a racetrack and/or golf course. The applicant shall submit such request on the forms and in the manner prescribed by the Commission. 2. No Licensed Liquor Establishment shall be located closer than three hundred
(300)feet from any church, kiva, plaza, or school. 3. The Commission, in its sole discretion, may place terms, conditions, and/or restrictions on the Sale of Liquor at a Licensed Liquor Establishment, including but not limited to the hours and days of operation and the type of Liquor Sold; *provided* that a Liquor Licensee may appeal the imposition of any special restrictions as provided in this Liquor Ordinance. Section XI. Processing Applications for Tribal Liquor License A. After considering the information submitted on the application for a Liquor License, the Commission shall grant and issue a Liquor License if it concludes that the Liquor License will serve the best interests of the Pueblo and the regulatory goals of this Liquor Ordinance. B. The Commission shall deny the application if it finds that granting a Liquor License would be contrary to the best interests of the Pueblo or the regulatory goals of this Liquor Ordinance, considering such factors as the applicant's compliance history with applicable Pueblo and federal law, whether the applicant is currently in violation of any Pueblo law, the number and density of Licensed Liquor Establishments on the Reservation, whether the applicant will operate a new or existing establishment, whether food will be sold on the premises, or any other reason bearing on the health, safety, and welfare of the Reservation community or the economic security of the Pueblo. C. The Commission shall send the applicant a final written decision explaining the grounds for its decision either granting or denying the application for a Liquor License. D. No member of the Commission shall be involved in any decision making process involving an application submitted by a member or member of the immediate family of a member of the Commissioner. Section XII. Temporary Permits Upon request, the Commission may, in its sole discretion, issue special events liquor permits authorizing specific Sales of Liquor for specific time periods not to exceed three
(3)days on such terms as may be established by the Commission; *provided* that an applicant for a special events liquor permit must be at least twenty-one
(21)years of age and not have been convicted of a Liquor-related felony or misdemeanor within the last five
(5)years. Each permit issued shall specify the types of alcoholic beverages to be sold, the time, date and location permitted. A fee, as set by the Commission, will be assessed on temporary permits. Section XIII. Conditions of the Tribal License A. Any license issued under this Liquor Ordinance shall be subject to such reasonable conditions, as the Commission shall fix, including, but not limited to the following: 1. The license shall be for a term not to exceed two
(2)years. 2. An application for a renewal of a Liquor License may not be made more than ninety (90), nor less than sixty
(60)days prior to the expiration of the Liquor License, made on such forms as prescribed by the Tribal Council or Commission, and shall be accompanied by any required fees. Denial of an application for renewal of a Liquor License is appealable as provided in this Liquor Ordinance. 3. The Licensee shall at all times maintain an orderly, clean, and neat establishment, both inside and outside the Licensed Liquor Establishment. 4. The Licensed Liquor Establishment shall be open to inspection by duly authorized tribal officials at all times during regular business hours. 5. All acts and transactions under authority of a Liquor License shall be in conformity with applicable law and shall be in accordance with this Liquor Ordinance and such Liquor License issued. 6. No Minor shall be sold, served, delivered, given, or allowed to consume Alcoholic Beverages. 7. There shall be no discrimination in the operations under the Liquor License by reason of race, color, creed, sexual orientation, or national origin. B. *Liabilities of Liquor Licensee.* Except as otherwise provided herein, each Liquor Licensee shall be accountable for all violations of its Liquor License and this Liquor Ordinance, and for all taxes, fees, and penalties that may be charged against its Liquor License or Licensed Liquor Establishment. C. *Classes of Liquor Licenses.* The Commission may establish by regulation classes of Liquor Licenses and the activities authorized with each class, including but not limited to restaurants, bars, and Package Sales. D. *Transfer, Assignment, or Lease of Liquor License.* No Liquor Licensee shall transfer, assign, or lease a Liquor License without the prior written approval of the Commission. E. *License is Not a Property Right.* Notwithstanding any other provision of this Liquor Ordinance, a Liquor License is a mere permit for a fixed duration of time. A Liquor License shall not be deemed a property right or vested right of any kind, nor shall the granting of a Liquor License give rise to a presumption of legal entitlement to the granting of such license for a subsequent time period. F. *Wholesaler—Wholesaler License Required.* A Wholesaler shall apply for a Wholesaler License on such forms, accompanied by such fee, and in such manner as may be prescribed by the Commission. No Wholesaler shall Sell, offer for Sale, or ship Liquor to a Liquor Licensee for sale at a Licensed Liquor Establishment on the Reservation except pursuant to a Wholesaler License. Section XIV. Rules, Regulations, and Enforcement A. *Sale or possession with intent to sell without a permit.* Any Person who shall Sell or offer for Sale, or distribute or transport in any manner, any Liquor in violation of this Liquor Ordinance, or who shall have Liquor in his possession with intent to Sell or distribute without a License or permit shall be in violation of this Liquor Ordinance. B. *Purchases from other than licensed or allowed facilities.* Any Person who, within the boundaries of the Reservation, buys Liquor from any Person other than a Liquor Licensee shall be in violation of this Liquor Ordinance. C. *Consumption or possession of Liquor by Minors.* No Minor shall consume, acquire, or have in his or her possession any Liquor. No Person shall permit any Minor to consume Liquor as set out in this Section. D. *Sales of Liquor to Minors.* Any Person who shall Sell or provide Liquor to any Minor shall be in violation of this Liquor Ordinance for every Sale or drink provided. E. *Transfer of identification to a minor.* Any Person who transfers in any manner an identification of age to a Minor for the purpose of permitting such Minor to obtain Liquor shall be in violation of this Liquor Ordinance; provided, that corroborative testimony of a witness other than the Minor shall be a requirement of finding a violation of this Liquor Ordinance. F. *Use of False or Altered Identification.* Any Person who attempts to purchase Liquor through the use of a false or altered identification shall be in violation of this Liquor Ordinance. G. *Acceptable Identification.* If there is a question of a Person's right to purchase Liquor, such Person shall be required to present any one of the following cards of identification which shows his or her correct age and bears his or her signature and photograph:
(1)A valid driver's license of any state or identification card issued by any state department of motor vehicles;
(2)United States active duty military ID;
(3)a passport.; or
(4)a recognized tribal identification card. H. *Happy Hours.* The Commission may adopt a policy or regulations on the conduct of happy hours at Licensed Liquor Establishments wherein Liquor is Sold on certain occasions or at certain times for a price substantially lower than at other times. The Commission also may request that each Licensed Liquor Establishment conducting Happy Hour establish written policies on Happy Hour for approval or disapproval by the Commission. I. Violations of This Liquor Ordinance 1. *Civil Liabilities.* Any Person authorized to enforce this Liquor Ordinance in the name of the Pueblo may bring a civil action in the Tribal Court against any Person who engaged in an activity or activities prohibited herein and may recover monetary damages, civil fines not exceeding five hundred dollars ($500.00) per violation, attorney fees, injunctive relief, and/or any other relief that is just and equitable under the circumstances, including but not limited to orders for the violator: a. To perform up to one hundred and twenty
(120)hours of community service on the Reservation; b. To make restitution; and/or c. To disgorge any monetary benefit derived from engaging in the prohibited activities. 2. *Exclusion from Reservation.* For good and sufficient cause found, the Tribal Court may exclude from the Reservation any Person who engages in an activity or activities prohibited by this Liquor Ordinance to the extent such exclusion is not inconsistent with Pueblo law. 3. *Suspension and Revocation of Liquor License or Wholesaler License.* In addition to any civil penalties, any Liquor License or Wholesaler License issued hereunder may be suspended or revoked on the following grounds: a. Violation of any provision of this Liquor Ordinance or any regulations promulgated hereunder or of the applicable liquor laws of the State; b. Violation of any applicable Pueblo law; c. Violation of the terms, conditions, and scope of a Liquor License or Wholesaler License and/or otherwise Selling Liquor in violation of a Liquor License or Wholesaler License; d. Making a material misstatement on the application for a Liquor License or Wholesaler License; e. As a Liquor Licensee or Wholesaler Licensee, being convicted of a felony; f. Allowing a nuisance or dangerous behavior to occur within the Licensed Liquor Establishment or on its premises; g. Allowing the sale, possession, purchase, manufacture, or transfer of drug-related paraphernalia, prohibited drugs, or other controlled substances, except for the possession of controlled substances for which the person in possession has a valid prescription; *provided* that, for purposes of this Liquor Ordinance, “prohibited drug” means any substance the sale, possession, purchase, manufacture, or transfer of which is prohibited by federal, state, or Pueblo criminal drug provisions, and which has not been obtained by its possessor pursuant to a valid prescription, and “controlled substance” includes all prohibited drugs; or h. Any other good cause shown. 4. *Temporary Revocation or Suspension of a Liquor License or Wholesaler License Without Notice.* In the event of an emergency and/or to protect the health, safety, and welfare of the public present on the Reservation, the Commission may temporarily revoke or suspend a Liquor License or Wholesaler License without prior notice for a period not exceeding thirty
(30)days. 5. *Notice.* a. Except as provided in subpart 4 of this section, the Commission shall provide written notice of its intent to revoke or suspend a Liquor License or Wholesaler License or to impose special restrictions for a violation of this Liquor Ordinance. Such notice shall be received in person or by certified mail, return receipt requested, to the last known address of the Liquor Licensee or Wholesaler Licensee, at least ten
(10)days in advance of the hearing. The notice will be delivered in person or by certified mail with the Commission retaining proof of service. The notice will set out the rights of the alleged violator, including but not limited to the right to have an attorney present, and the right to speak, to present witnesses, and to cross-examine any adverse witnesses. b. If the Liquor Licensee or Wholesaler Licensee cannot be so served with notice, the Liquor Licensee or Wholesaler Licensee may be served by publication in a newspaper of general circulation in the area once each week for two
(2)consecutive weeks. The Liquor Licensee or Wholesaler Licensee shall have at least ten
(10)days from the day the notice was delivered, or from the date of last publication, to show cause why the Liquor License or Wholesaler License should not be revoked or suspended or the special restrictions imposed. 6. *Hearing.* The Commission shall afford the Liquor Licensee or Wholesaler Licensee an opportunity to appear and be heard, either in person or through a representative, and to submit such evidence as may be relevant. I. *Possession of Liquor Contrary to This Liquor Ordinance.* Liquor obtained, possessed, or controlled in violation of this Liquor Ordinance is declared to be contraband. Any Pueblo agent, employee, or officer who is authorized by the Tribal Council or Commission to enforce this Section shall have the authority to, and shall, seize all contraband. J. *Disposition of Seized Contraband.* Any Pueblo agent, employee, or officer seizing contraband shall preserve the contraband in accordance with applicable tribal and federal law, and the party previously in possession or control of the contraband shall forfeit all right, title, and interest in the items seized, which shall become the property of the Pueblo. Section XV. Certified Servers A. *Application Requirements.* Every employee of a Liquor Licensee, who Sells Liquor at a Licensed Liquor Establishment, must be a Certified Server twenty-one
(21)years of age or older. Such employee shall apply for certification on such forms, accompanied by such fee, and in such manner as may be prescribed by the Commission. The application for certification shall contain: 1. The name and address of the applicant; 2. A list of all the applicant's jobs and employment for the preceding three
(3)years; 3. A list of all residences for the preceding three
(3)years, including street address, city, and state, and dates of residence at each address; 4. A signed statement that the applicant agrees to abide by this Liquor Ordinance and consents to the personal jurisdiction of the Pueblo for purposes of Liquor regulation and enforcement of this Liquor Ordinance; and 5. Evidence ( *i.e.* , certificate of completion) that the applicant has successfully completed a liquor server education training program approved by the Commission. B. *Certification Term.* A Certified Server's certification shall be valid for five
(5)years from the date of his or her successful completion of the liquor server education training program. C. *Revocation.* The Commission may revoke any certification issued under this Section if the Certified Server violates any provision of this Liquor Ordinance or any regulations promulgated hereunder, violates any applicable Pueblo law, makes a material misstatement on the application for certification, is convicted of a felony, or for other good cause shown. Section XVI. Appeals to Tribal Court A. *Appealable Actions.* Any Person or entity that is denied a Liquor License or a Wholesaler License, or whose Liquor License or Wholesaler License is limited by special restrictions, is suspended, revoked, or denied renewal, may appeal the adverse action to the Tribal Court. Any Person that is denied a certification or whose status as a Certified Server has been revoked or deemed unacceptable may appeal the adverse action to the Tribal Court. All appeals hereunder must be filed with the Tribal Court within [thirty (30)] days of the date of the adverse action or be forever barred; *provided* that, if no appeal is timely made as provided herein, an action is final and shall not be subject to further appeal in any forum or court. B. *Rules; Stay; Bond.* The procedural rules of the Tribal Court appropriate for administrative appeals, or such other procedural rules that may be established by regulation to govern such appeals, shall apply. Upon request, the Tribal Court in its discretion may stay a suspension or revocation pending an appeal and/or require that the appellant post an appeal bond in such amount as it may be set by the Tribal Court. C. *Decision of Tribal Court Final.* All decisions of the Tribal Court on appeals under this Section are final and not further appealable in any forum or court. Section XVII. Inspection of Licensed Liquor Establishment Premises A. All premises used in the storage or Sale of Liquor or any premises or parts of premises used or in any way connected, physically or otherwise, with a Licensed Liquor Establishment shall at all times be open to inspection by any Pueblo or federal inspectors or federal law enforcement officers. B. Any Person, being on such premises and having charge thereof, who refuses or fails to admit a Pueblo or federal inspector or Pueblo or federal law enforcement officer demanding to enter therein in pursuance of this Section in the execution of his or her duty, or who obstructs or attempts to obstruct the entry of such inspector or officer, shall be deemed to have violated this Liquor Ordinance. Section XVIII. Transportation Through Reservation Nothing in this Liquor Ordinance shall apply to the otherwise lawful transportation of Liquor through the Reservation by Persons remaining on public highways or other paved facilities for motor vehicles provided that such Liquor is not Sold, or offered for Sale, within the Reservation. Section XIX. Profits A. *Disposition of Proceeds.* The gross proceeds collected by the Commission from licensing shall be distributed as follows: 1. For the payment of all necessary personnel, administrative costs, and legal fees for the administration of the provisions of this Liquor Ordinance. 2. The remainder shall be remitted to the General Fund Account of the Tribe. Section XX. Sovereign Immunity Nothing in this Liquor Ordinance is intended nor shall be construed as a waiver of the sovereign immunity of the Pueblo. No employee, officer, or agent of the Pueblo shall be authorized, nor shall he or she attempt, to waive the immunity of the Pueblo. Section XXI. Jurisdiction; Conflicts With Other Laws A. *Jurisdiction.* Exceptions as otherwise provided in this Liquor Ordinance, any and all actions pertaining to alleged violations of this Liquor Ordinance, or seeking any relief against the Pueblo, its officers, employees, or agents arising under this Liquor Ordinance, shall be brought in the Tribal Court, which court shall have exclusive jurisdiction consistent with the inherent sovereignty and immunity of the Pueblo and applicable federal and Pueblo law. B. *Conflicts with Other Laws.* If this Liquor Ordinance is determined to conflict with any other Pueblo law of general application, this Liquor Ordinance shall control. Section XXII. Severability If any provisions of this Liquor Ordinance or the application of any provision to any Person or circumstances is held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable the remainder of this Liquor Ordinance and its application to any other Person or circumstances, and, to this end, the provisions of this Liquor Ordinance are severable. Section XXIII. Effective Date This Liquor Ordinance shall be effective on such date as the Secretary of the Interior certifies this Liquor Ordinance and publishes the same in the **Federal Register** , and it supersedes any and all prior Liquor Ordinances that have been so adopted and certified. Section XXIV. Amendment This Liquor Ordinance may be amended by a resolution adopted by a majority vote of the Tribal Council. [FR Doc. E7-19740 Filed 10-4-07; 8:45 am] BILLING CODE 4310-4J-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-060-1990] Notice of Availability of the Draft Environmental Impact Statement for a Proposed Expansion of Existing Gold Mining/Processing Operations in Lander and Eureka Counties, NV AGENCY: Bureau of Land Management, Interior. Cooperating Agency: Nevada Department of Wildlife. ACTION: Notice of Availability. SUMMARY: In accordance with section 102(2)(c) of the National Environmental Policy Act of 1969, 43 CFR Part 3809, and the Council on Environmental Quality Regulations found at 40 CFR 1500-1508, the Bureau of Land Management
(BLM)Battle Mountain Field Office has prepared a Draft Environmental Impact Statement
(DEIS)on the Cortez Gold Mines'
(CGM)proposed Cortez Hills Expansion Project, which is a proposed amendment to the Pipeline/South Pipeline Plan of Operations. The DEIS analyzes the environmental effects of the Proposed Action and alternatives, including the No Action Alternative. DATES: The DEIS is available for public comment for 60 days starting on October 5, 2007, the date the Environmental Protection Agency publishes its Notice of Availability
(NOA)in the **Federal Register** . To provide the public with an opportunity to review the proposal and project information, the BLM will host public meetings in Crescent Valley and Battle Mountain, Nevada. The BLM will notify the public of the meeting dates, times, and locations at least 15 days prior to the meetings. Announcements of the public meeting will be made by news release to the media, individual letter mailings, and posting on the BLM Web site: *http://www.blm.gov/nv/st/en/fo/battle_mountain_field.html* . Comments, including names and street addresses, will be available for public review at the address below during regular business hours, 7:30 a.m. to 4:30 p.m., Monday through Friday, except holidays, and will be published as part of the Final EIS. Before including your address, phone number, e-mail address or other personal identifying information in your comment, be advised that your entire comment and personal identifying information may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. ADDRESSES: Written comments should be addressed to the Bureau of Land Management, ATTN: Stephen Drummond, Battle Mountain Field Office, 50 Bastian Road, Battle Mountain, NV 89820. FOR FURTHER INFORMATION CONTACT: Stephen Drummond, 775-635-4000. SUPPLEMENTARY INFORMATION: CGM, on behalf of Cortez Joint Venture, proposes to expand its Pipeline/South Pipeline Project, an existing open-pit gold mining and processing operation. The Pipeline/South Pipeline Project is located in north-central Nevada approximately 31 miles south of Beowawe in Lander County. The proposed Cortez Hills Expansion Project (Project) is located in: Mount Diablo Meridian, Nevada T. 27 N., R. 48 E.; T. 27 N., R. 47 E.; T. 27 N., R. 46 E.; T. 26 N., R. 47 E.; T. 26 N., R. 48 E.; T. 28 N., R. 46 E.; and T. 28 N., R. 47 E. in Lander and Eureka counties. The Proposed Action would require new surface disturbance of 6,792 acres, including 6,571 acres of public land administered by the BLM Battle Mountain Field Office and 221 acres of private land owned by CGM. Existing CGM mining and processing facilities are located in three main areas in the Cortez Gold Mines Operations Area. These areas are referred to as the Pipeline Complex, Cortez Complex and Gold Acres Complex . The existing and proposed disturbance acreages for the Project would total 16,231 acres. The Proposed Action would include development of new mining facilities in the proposed Cortez Hills Complex, including development of a new open pit, underground mining, three new waste rock facilities, new heap leach pad, construction of a 12-mile conveyor system, modification or construction of related roads and ancillary facilities, and a new groundwater dewatering system to include in pit, perimeter, and underground facilities. The Proposed Action also would include continued use of existing facilities in the Pipeline Complex, Cortez Complex and Gold Acres Complex, as well as expansion of existing facilities (pits and waste rock facilities) in the Pipeline Complex and Cortez Complex. CGM proposes to mine the ore bodies associated with the Cortez and Cortez Hills complexes concurrently with their existing Pipeline/South Pipeline ore bodies. The majority of the high grade ore mined under the Cortez Hills Expansion Project would be processed at the existing Pipeline and/or Cortez mills. The proposed Project would expand existing tailings facilities at both the Pipeline and Cortez complexes. A lesser quantity of refractory ore would be sold to an off-site processing facility. The primary method of processing low-grade ore would be heap leaching. The DEIS addresses concerns identified by the BLM and other agencies, as well as comments raised during the public scoping period in 2005. Issues analyzed in the DEIS include: Air quality, cultural resources, water quality, environmental justice, floodplains, hazardous materials and solid waste, invasive, and/or non-native species, migratory birds, Native American religious concerns, special status species, wetlands and riparian zones, and wilderness characteristics. Construction and operation of the proposed Cortez Hills Expansion Project is projected to begin in 2008. The life of the mine would include approximately 10 years of active mining and concurrent reclamation as areas become available, as well as an additional three years for ongoing ore processing, final reclamation, and closure. A range of alternatives (including alternate waste rock facility and heap leach pad locations, underground mining only, and the No Action Alternative) has been developed and analyzed to address the concerns and issues that were identified. Other alternatives under consideration and the rationale for their elimination from detailed analysis also are discussed. Mitigation measures have been identified to minimize potential environmental impacts and to assure that the proposed Project would not result in undue or unnecessary degradation of public lands. In addition, the DEIS includes an analysis of cumulative impacts, including a comprehensive evaluation of potential impacts to Native American religious concerns. Dated: August 20, 2007. Gerald M. Smith, Battle Mountain Field Office Manager. [FR Doc. E7-19696 Filed 10-4-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-070-1610-DP-010J] Notice of Availability of the Supplement to the Vernal Field Office Draft Resource Management Plan
(RMP)and Environmental Impact Statement
(EIS)for Non-Wilderness Study Area
(WSA)Lands With Wilderness Characteristics AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Availability. SUMMARY: In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321, *et seq.* ) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701, *et seq.* ), the Bureau of Land Management
(BLM)has prepared the Supplement to the Vernal Field Office DRMP/DEIS to augment the identification and analysis of managing non-WSA lands with wilderness characteristics. DATES: The 90-day public comment period will begin on the date the Environmental Protection Agency
(EPA)publishes its Notice of Availability
(NOA)in the **Federal Register** . To assure that public comments will be considered, the BLM must receive written comments on the Supplement to the Vernal Field Office DRMP/DEIS on or before the end of the comment period at the address listed below. *Comments:* Comments and information submitted on the Supplement to the Vernal Field Office DRMP/DEIS, including names, e-mail addresses, and street addresses of respondents, will be available for public review and disclosure at the Vernal Field Office address listed below. The BLM will not accept anonymous 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. Comments may be submitted by any of the following methods: • *Mail:* Bureau of Land Management, Vernal Field Office, 170 South 500 East, Vernal, UT 84078. • *E-mail:* *UT_Vernal_Comments@blm.gov.* • *Fax:*
(435)781-4480. FOR FURTHER INFORMATION CONTACT: Kelly Buckner, RMP Project Manager, Bureau of Land Management, Vernal Field Office, 170 South 500 East, Vernal, UT 84078; telephone
(435)781-4400; e-mail *Kelly Buckner@blm.gov.* Copies of the Supplement to the Vernal Field Office DRMP/DEIS are available in the Vernal Field Office and on the Internet at *http://www.blm.gov/ut/st/en/fo/vernal.html.* *Background Information:* The planning area includes approximately 1.8 million acres of BLM administered surface lands and 2.1 million acres of federal mineral estate under federal, state, private, and Ute Tribal surface in Duchesne, and Uintah Counties in northeast Utah, and about 3,000 acres in Grand County. The planning area encompasses public lands currently managed under the Book Cliffs and Diamond Mountain RMPs. The decisions of the DRMP/DEIS will only apply to BLM-administered public lands and federal mineral estate. The Vernal Field Office prepared the DRMP/DEIS to reevaluate, with public involvement, existing conditions, resources and uses, and consider the mix of resource allocations and management decisions designed to balance uses and protection of resources pursuant to FLPMA and other applicable laws. The DRMP/DEIS was released for public review January 14, 2005. Pursuant to FLPMA Sections 201 and 202 (43 U.S.C. 1711, 1712) and the BLM's land use planning handbook (Manual Handbook H-1601-1), BLM has authority to evaluate and manage non-WSA lands with wilderness characteristics through land use planning. These characteristics include the appearance of naturalness, outstanding opportunities for solitude, and outstanding opportunities for primitive and unconfined recreation. The applicable law requires that the BLM consider these lands and resource values in planning, including prescribing measures to manage for their wilderness characteristics. Accordingly, during the planning process, the Vernal Field Office found 25 areas (totaling 277,596 acres), outside of existing WSAs that have wilderness characteristics. The DRMP/DEIS analyzed five alternatives for the management of public lands in the Vernal Field Office and disclosed the impacts of implementing each alternative to the human environment. To ensure that
(1)adequate consideration is given to non-WSA lands with wilderness characteristics,
(2)an adequate range of alternatives is considered for these lands, and
(3)an adequate analysis is prepared from which to base land use decisions, the Supplement to the Vernal Field Office DRMP/DEIS will prescribe specific actions to manage for the wilderness characteristics of non-WSA lands with wilderness characteristics in a new alternative. Dated: September 18, 2007. Selma Sierra, Utah State Director. [FR Doc. E7-19706 Filed 10-4-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UTU-080-2007-9141-EJ] Notice of Intent To Prepare an Environmental Impact Statement
(EIS)and To Conduct Public Scoping for the Natural Buttes Area Gas Development Project, Uintah County, UT AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Intent (NOI). SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act
(NEPA)of 1969, the Bureau of Land Management (BLM), Vernal Field Office, Vernal, Utah, will prepare an EIS on the impacts of efficient and orderly development of the natural gas resources of the Greater Natural Buttes Field area. This notice announces the public scoping period. DATES: A public scoping period of 30 days will commence on the date this notice is published by the Environmental Protection Agency
(EPA)in the **Federal Register** . Comments on issues, potential impacts, or suggestions for alternatives can be submitted in writing to the address listed below within 30 days of the date this Notice is published. A public meeting will be conducted during the scoping period in Vernal. The date, place, and time will be announced through the local news media and the BLM Web site *http://www.blm.gov/utah/vernal/nepa.html* at least 15 days prior to the meeting. ADDRESSES: Comments may be submitted by any of the following methods: • *Mail:* Bureau of Land Management, Vernal Field Office, 170 South 500 East, Vernal, Utah 84078. • *E-mail:* *UT_Vernal_Comments@blm.gov.* • *Fax:*
(435)781-4410. Please reference the Greater Natural Buttes Area when submitting your comments. Comments and information submitted, including names, e-mail addresses, and street addresses of respondents, will be available for public review at the address listed above. The BLM will not accept anonymous 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. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. FOR FURTHER INFORMATION CONTACT: Stephanie Howard, Project Manager, BLM Vernal Field Office, 170 South 500 East, Vernal, UT 84078. Ms. Howard may also be reached at 435-781-4400. SUPPLEMENTARY INFORMATION: This document provides notice that the BLM, Vernal Field Office, Vernal, UT, intends to prepare an EIS, and announces the public scoping period. The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis and EIS alternatives. You may submit comments in writing to the BLM at the public scoping meeting, or you may submit them to the BLM using one of the methods listed in the ADDRESSES section above. The public is encouraged to participate during the scoping process to help identify issues of concern related to the proposed action, determine the depth of the analysis needed for issues addressed in the EIS, identify potential mitigation measures, and identify reasonable alternatives to be evaluated in the EIS. *Proposed Project Description:* The EIS will encompass 162,911 acres in Townships 8 through 11 South, Ranges 20 through 24 East (Salt Lake Meridian) in Uintah County, Utah. The project is located on lands administered by the BLM (88,565 acres), Northern Ute Tribe as administered by the BIA (39,399 acres), the State of Utah (32,755 acres), and private interests (2,192 acres). Mineral interests are owned by the BLM (79 percent), the State of Utah (20 percent), and private interests (one percent). The Natural Buttes gas field was discovered in the 1950s and has produced around 1.0 trillion cubic feet of natural gas and 5.0 million barrels of crude oil and condensate and is among the top 15 gas fields in the United States in terms of natural gas reserves. As of August 2006, the Greater Natural Buttes Area contained approximately 1,077 producing gas wells and 20 oil wells. Kerr-McGee Oil & Gas Onshore LP
(KMG)a wholly-owned subsidiary of Anadarko Petroleum Corporation proposes to conduct infill drilling to develop the hydrocarbon resources from oil and gas leases within the Greater Natural Buttes Project Area in Uintah County, Utah. KMG's intent is to explore and develop potentially productive subsurface formations underlying the land in the Greater Natural Buttes Project Area. Although actual operations are subject to change as the project proceeds, KMG's plan is to drill 3,496 additional wells over a period of 10 years. It is assumed that up to 179 new wells would be drilled by other operators having leasehold rights in the project area. The productive life of each well is estimated to be approximately 30 to 50 years. Infill drilling would be performed on 40-acre and 20-acre surface spacing throughout the project area, i.e., with 16 to 32 surface well pads per section. KMG defines a 40-acre well pad as the first well pad located in a governmental 40-acre quarter-quarter section. A 20-acre pad is defined as the second well pad located in a 40-acre quarter-quarter section. Well spacing in the subsurface would be based on the KMG's reservoir engineering evaluation on an on-going basis and will be site-dependent, potentially ranging from 16 wells per section (40-acre spacing) to 64 wells per section (10-acre spacing) or more. Project development would utilize existing roads and, when necessary, new roads would be constructed. Equipment required by most wells includes a gas gathering line, a separator, gas meter, produced water and liquid hydrocarbon storage tanks, and chemical tanks. Gas would be transported via pipeline to centralized compression and treatment facilities. Produced water would be transported by truck or pipeline to the KMG-operated produced water disposal wells or to KMG-owned or commercially owned evaporation ponds or disposal wells. To minimize new disturbance, KMG would utilize the existing ancillary facility infrastructure within the project area, where possible, including gas compression facilities, power lines, water disposal and treatment facilities, and gas gathering pipelines. Total surface disturbance for the proposed project is estimated to be 7,804 acres, or approximately 5% of the project area. *Relationship to Existing Plans and Documents:* The Book Cliffs Resource Management Plan
(RMP)Record of Decision
(ROD)(May 1985) directs management of BLM-administered public lands within the analysis area. Implementation of oil and gas development in the Greater Natural Buttes Project Area would conform to conditions and requirements mandated in the RMP and ROD. The ROD calls for oil and gas, tar sands, oil shale, and gilsonite to be leased while other resource values will be protected or mitigated (page 7 of the ROD). *Identified Resource Management Issues, Concerns, and Opportunities:* The following resources have been identified as potentially impacted by the Vernal Field Office. It is not meant to be an all-inclusive list, but rather a starting point for public input and a means of identifying the resource disciplines needed to conduct the analysis. The potentially impacted resources include: air quality, cultural resources, livestock grazing, paleontological resources, recreation, socioeconomics, soil resources, special designations (potential Area of Critical Environmental Concern and eligible Wild and Scenic River segments), threatened or endangered animal and plant species, vegetation, visual resources, water resources, wilderness characteristics, and wildlife. Selma Sierra, Utah State Director. [FR Doc. E7-19692 Filed 10-4-07; 8:45 am] BILLING CODE 4310-DQ-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WO-220-05-1020-JA-VEIS] Notice of Availability of the Record of Decision for the Final Programmatic Environmental Impact Statement for Vegetation Treatments Using Herbicides on Bureau of Land Management Lands in 17 Western States AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Availability. SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), the Bureau of Land Management
(BLM)hereby gives notice that the Record of Decision for the Final Programmatic Environmental Impact Statement (FPEIS) for vegetation treatments using herbicides on public lands administered by BLM in 17 western states, including Alaska, is available. The BLM is the lead Federal agency for the preparation of this FPEIS, in compliance with the requirements of NEPA. The decision selects for use the four herbicides identified in Alternative B of the FPEIS. These herbicides are: Diquat, diflufenzopyr (in formulation with dicamba), fluridone, and imazapic. The BLM also selects for continued use the following 14 Environmental Protection Agency
(EPA)registered active ingredients: 2,4-D, bromacil, chlorsulfuron, clopyralid, dicamba, diuron, glyphosate, hexazinone, imazapyr, metsulfuron methyl, picloram, sulfometuron methyl, tebuthiuron, and triclopyr. The BLM does not select for use the following six-herbicide active ingredients: 2,4-DP, asulam, atrazine, fosamine, mefluidide, and simazine. As part of the Proposed Action and this decision, the BLM also adopts the protocol for identifying, evaluating and approving herbicides. The Record of Decision identifies best management practices, standard operating procedures and mitigation measures for all vegetation treatment projects involving the use of herbicides. ADDRESSES: Copies of the Record of Decision are available in hard copy or CD upon request from Brian Amme, Nevada State Office, P.O. Box 12000, 1340 Financial Blvd., Reno, NV 89520, or via the Internet at the BLM National Web site *http://www.blm.gov/* . The Record of Decision is available for review in either hard copy or on compact disks
(CDs)at all BLM State, District, and Field Office public rooms. FOR FURTHER INFORMATION CONTACT: Brian Amme, Project Manager at
(775)861-6645 or e-mail: *brian_amme@blm.gov* . SUPPLEMENTARY INFORMATION: This national, FPEIS provides a comprehensive analysis of BLM's use of chemical herbicides in its various vegetation treatment programs related to hazardous fuels reduction; noxious weed, invasive terrestrial and aquatic plant species management; resource rehabilitation following catastrophic fires, and other disturbances. The FPEIS addresses human health and ecological risk for use of chemical herbicides on public lands and provides a cumulative impact analysis of the use of chemical herbicides in conjunction with other treatment methods. The decision area includes public lands administered by 11 BLM state offices: Alaska, Arizona, California, Colorado, Idaho, Montana (North Dakota/South Dakota), New Mexico (Oklahoma/Texas/Nebraska), Nevada, Oregon (Washington), Utah and Wyoming. The BLM issued a Notice of Availability November 10, 2005, of BLM's Draft Vegetation Treatments Using Herbicides Programmatic Environmental Impact Statement and Draft Programmatic Environmental Report. The BLM held ten public hearings in late 2005, and extended the public comment period an additional 30 days to February 10, 2006. The BLM responded to over 5,500 individual public comments during the Draft Programmatic EIS public review period. Comment responses and resultant changes in the impact analysis are documented in this FPEIS and Environmental Report per requirements under 40 CFR 1503.4. Additional information and analysis is included in the FPEIS addressing comments related to degradates, use of Polyoxyethylene-amine
(POEA)OEA and R-11 surfactants and risks associated with endocrine disrupting chemicals. In addition, the FPEIS contains Subsistence analysis required under Section 801(a) of the Alaska National Interest Lands Conservation Act (ANILCA). This decision was approved by the Department of the Interior, Assistant Secretary for Land and Minerals Management; therefore, no administrative review through the Interior Board of Land Appeals pursuant to 43 CFR 4.5 will be available on the decisions made by this Record of Decision. Todd S. Christensen, Acting Assistant Director, Renewable Resources and Planning. [FR Doc. E7-19699 Filed 10-4-07; 8:45 am] BILLING CODE 4310-84-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-057-1630-NU; 7-08807] Shooting Closure on Certain Lands Managed by the Bureau of Land Management, Las Vegas Field Office AGENCY: Bureau of Land Management, Interior. ACTION: Notice of final decision for establishment of a permanent shooting closure on selected public lands in Nye County, Nevada. SUMMARY: The Bureau of Land Management
(BLM)Las Vegas Field Office announces a target shooting closure on about 11,874 acres of selected public lands in Nye County near the southwest portion of the Town of Pahrump. The permanent closure is being made for the safety of persons and property adjacent to the selected public lands at the request and concurrence of the Nye County Commissioners, the Nye County Sheriff's Office and the Pahrump Town Board. The rapid increase in population and growth in Pahrump, Nevada has created conflicts between new residential areas and public land areas traditionally used for target shooting. This closure does not apply to hunting under the laws and regulations of the State of Nevada or other recreational activities. The BLM is establishing this shooting closure under the authority of 43 CFR 8364.1 which allows closures for the protection of persons, property, and public lands and resources. This provision allows the BLM to issue closures of less than national effect without codifying the rules in the Code of Federal Regulations. DATES: *Effective Date:* October 5, 2007. FOR FURTHER INFORMATION CONTACT: Erika Schumacher, Chief Ranger of Law Enforcement,
(702)515-5000. Maps depicting the area affected by this closure order are available for public inspection at the BLM Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, Nevada. SUPPLEMENTARY INFORMATION: Public lands affected are within the following described area: Mount Diablo Meridian, Nevada T. 21, R. 53 Secs 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36; T. 21, R. 54 Secs 21, 22, 27, 28, 29, 30 and 31, 32, 33, 34; T. 22, R. 53 Secs 1, 2 and 12; T. 22, R. 54 Secs 5, 6 and 7. The area described contains 11,874 acres, more or less, in Nye County. Exceptions to Closure a. Hunting with a valid state hunting license and in accordance with the laws; and b. Law Enforcement personnel in the performance of their duties. Closure Restrictions Unless otherwise authorized, within the closure area no person shall: a. Discharge any firearm, unless specifically exempted by closure order; and b. Unless specifically addressed by regulations set forth in 43 CFR, the laws and regulations of the State of Nevada and Nye County shall govern the use and possession of firearms. Such state and county laws and regulations which are now or may later be in effect are hereby adopted and made part of this closure. Definitions Firearm: Any weapon capable of firing a projectile including but not limited to rifle, shotgun, handgun, BB-gun, pellet gun, etc. Violations of any terms, conditions, or restrictions contained in this closure order, may subject the violator to citation or arrest, with penalty of fine and imprisonment or both as specified by law. The Las Vegas Field Office sought comments for 60 days regarding the target shooting closure. The majority of comments came from the Pahrump area and Las Vegas Valley. The majority of comments were against the proposed target shooting closure. The BLM is closing the area to target shooting for public health and safety reasons. Residential areas are being impacted by target shooting and two new housing developments were recently approved in the closure area. Other areas nearby remain open to target shooting. Procedural Matters Executive Order 12866, Regulatory Planning and Review This shooting closure is not a significant regulatory action and is not subject to review by the Office of Management and Budget under Executive Order 12866. This shooting closure will not have an annual effect of $100 million or more on the economy. It is not intended to affect commercial activity, but it contains rules of conduct for public use of certain public lands. It will not adversely affect, in a material way, the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or Tribal governments or communities. This shooting closure will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. This shooting closure does not materially alter the budgetary effects of entitlements, grants, user fees, or loan programs or the right or obligations of their recipients; nor does it raise novel legal or policy issues. It merely imposes certain rules on target shooting use on a limited portion of public lands in Southern Nevada in order to protect human health, and safety. National Environmental Policy Act This shooting closure itself does not constitute a major federal action significantly affecting the quality of the human environment under section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C). Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act,
(RFA)5 U.S.C. 601-612, to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA required a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial on a substantial number of small entities. The shooting closure does not pertain specifically to commercial or governmental entities of any size, but to public recreational use of specific lands. Therefore, BLM has determined under the RFA that these interim supplementary rules would not have significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act (SBREFA) This shooting closure does not constitute a “major rule” as defined by U.S.C. 804(2). The shooting closure merely contains rules of conduct for target shooting use of certain public lands. The shooting closure has no effect on business, commercial, or industrial use of the public lands. Unfunded Mandates Reform Act The shooting closure does not impose an unfunded mandate on state, local, or Tribal governments in the aggregate, or the private sector, of more than $100 million per year; nor does it have a significant or unique effect on small governments. The shooting closure does not require anything of state, local, or Tribal governments. Therefore, BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1532 *et seq.* ). Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) The shooting closure is not a government action capable of interfering with constitutionally protected property rights. The shooting closure does not address property rights in any form, and does not cause the impairment of any property rights. Therefore, the Department of the Interior has determined that this shooting closure would not cause a taking of private property or require further discussion of takings implications under this Executive Order. Executive Order 13132 Federalism The shooting closure will not have a substantial direct effect on the states; on the relationship between the national government and the states; or on the distribution of power and responsibilities among the various levels of government. The shooting closure affects land in only one state, Nevada. Therefore, BLM has determined that the shooting closure does not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the Office of the Solicitor has determined that the shooting closure will not unduly burden the judicial system and that the requirements of sections 3(a) and 3(b)(2) of the Order are met. The shooting closure includes rules of conduct and prohibited acts, but they are straightforward and not confusing, and their enforcement should not unreasonably burden the United States Magistrate who will try any persons cited for violating them. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, the BLM has found that this shooting closure does not include policies having Tribal implications. The shooting closure does not affect lands held for the benefit of Indians, Aleuts or Eskimos. Paperwork Reduction Action The shooting closure does not contain information collection requirements that the Office of Management and Budget must approve under the paperwork reduction Act, 44 U.S.C. 3501 *et seq.* Rules requiring special recreation permits for certain recreational users will involve collection of information contained on BLM Special recreation Permit Form 2930-1. Authority: 43 CFR 8364.1. Dated: September 11, 2007. Juan Palma, Field Manager, Las Vegas Field Office. [FR Doc. E7-19698 Filed 10-4-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-090-07-1220-MV] Notice of Closure of Public Lands to Off-Highway Vehicle
(OHV)Use AGENCY: Department of Interior, Bureau of Land Management. ACTION: Notice of closure of 1,871 acres of public land to OHV use. SUMMARY: Notice is hereby given that effective immediately, the Bureau of Land Management (BLM), Monticello Field Office, is closing 1,871 acres of public lands in Recapture Canyon near Blanding, Utah, to Off-Highway Vehicle
(OHV)use. The public lands affected by this closure are in the following: Salt Lake Meridian; Salt Lake Baseline; Township 37 South, Range 23 East, Section 5, SE 1/4 of SW 1/4 ; Section 6, NW 1/4 of NE 1/4 , SW 1/4 of NE 1/4 , NW 1/4 of SE 1/4 , SW 1/4 of SE 1/4 , SE 1/4 of SE 1/4 , NE 1/4 of NW 1/4 , SE 1/4 of NW 1/4 , NE 1/4 of SW 1/4 , SE 1/4 of SW 1/4 , SW 1/4 of SW 1/4 ; Section 7, NE 1/4 of NE 1/4 , SE 1/4 of NE 1/4 , NW 1/4 of NE 1/4 , SW 1/4 of NE 1/4 , NE 1/4 of SE 1/4 , SE 1/4 of SE 1/4 , NW 1/4 of SE 1/4 , SW 1/4 of SE 1/4 ; Section 8, NE 1/4 of NW 1/4 , SE 1/4 of NW 1/4 , NW 1/4 of NW 1/4 , SW 1/4 of NW 1/4 , NE 1/4 of SW 1/4 , SE 1/4 of SW 1/4 , NW 1/4 of SW 1/4 , SW 1/4 of SW 1/4 ; Section 17, NE 1/4 of NW 1/4 , SE 1/4 of NW 1/4 , NW 1/4 of NW 1/4 , SW 1/4 of NW 1/4 , NE 1/4 of SW 1/4 , SE 1/4 of SW 1/4 , NW 1/4 of SW 1/4 , SW 1/4 of SW 1/4 ; Section 18, NE 1/4 of NE 1/4 , SE 1/4 of NE 1/4 , NW 1/4 of NE 1/4 , SW 1/4 of NE 1/4 , NE 1/4 of SE 1/4 , SE 1/4 of SE 1/4 , NW 1/4 of SE 1/4 , SW 1/4 of SE 1/4 , NE 1/4 of SW 1/4 , SE 1/4 of SW 1/4 ; Section 19, W 1/2 of NE 1/4 , E 1/2 of NE 1/4 , E 1/2 of SE 1/4 , NW 1/4 of SE 1/4 , SW 1/4 of SE 1/4 , NE 1/4 of NW 1/4 , SE 1/4 of NW 1/4 ; Section 20, W 1/2 of NW 1/4 , NE 1/4 of NW 1/4 , SE 1/4 of NW 1/4 , NE 1/4 of SW 1/4 , NW 1/4 of SW 1/4 , SW 1/4 of SW 1/4 ; Section 29, N 1/2 of NW 1/4 ; Section 30, NE 1/4 of NE 1/4 . Township 36 South, Range 23 East, Section 19, NW 1/4 of SE 1/4 , NE 1/4 of SW 1/4 , NW 1/4 of SW 1/4 , SW 1/4 of SW 1/4 ; Section 30, SW 1/4 of NE 1/4 , NW 1/4 of SE 1/4 , SW 1/4 of SE 1/4 , NE 1/4 of NW 1/4 , NW 1/4 of NW 1/4 , SE 1/4 of NW 1/4 , NE 1/4 of SW 1/4 , SE 1/4 of SW 1/4 ; Section 31, NW 1/4 of NE 1/4 , SW 1/4 of NE 1/4 , NE 1/4 of NW 1/4 , SE 1/4 of NW 1/4 , NW 1/4 of SE 1/4 , SW 1/4 of SE 1/4 , NE 1/4 of SW 1/4 , SE 1/4 of SW 1/4 . Township 36 South, Range 22 East, Section 24, SE 1/4 of SE 1/4 . The purpose of the closure is to protect cultural resources that have been adversely impacted, or are at risk of being adversely impacted, by unauthorized trail construction and OHV use. The closure will remain in effect until the considerable adverse effects giving rise to the closure are eliminated and measures are implemented to prevent recurrence of these adverse effects. FOR FURTHER INFORMATION CONTACT: Nick Sandberg, Acting Field Office Manager, Monticello Field Office, Bureau of Land Management, P.O. Box 7, Monticello, Utah, 84535;
(435)587-1500. SUPPLEMENTARY INFORMATION: BLM is implementing this action on 1,871 acres of public land in San Juan County, in southeast Utah. BLM's Monticello Field Office has observed and documented considerable adverse effects from unauthorized trail construction and OHV use to cultural resources in this area. Based on this information, BLM's authorized officer has determined that OHV use in this area is causing, or will cause, considerable adverse effects upon cultural resources. Consequently, this area is being closed to OHV use. A map showing the closure area is available for public inspection at the Bureau of Land Management, Monticello Field Office at the above address. OHV use on the remainder of the public lands in San Juan County, Utah administered by BLM will be managed according to existing **Federal Register** orders and the 1991 San Juan Resource Management Plan. This closure order does not apply to:
(1)Any federal, state or local government law enforcement officer engaged in enforcing this closure order or member of an organized rescue or fire fighting force while in the performance of an official duty.
(2)Any BLM employee, agent, or contractor while in the performance of an official duty, or any person expressly authorized by BLM. This order shall not be construed as a limitation on BLM's future planning efforts and/or management of OHV use on the public lands. BLM will periodically monitor resource conditions and trends in the closure area and may modify or rescind this order as appropriate. The authority for this order is 43 CFR 8341.2. Sherwin N. Sandberg, Acting Field Office Manager. [FR Doc. E7-19700 Filed 10-4-07; 8:45 am] BILLING CODE 4310-DQ-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Colorado: Filing of Plats of Survey September 28, 2007. *Summary:* The plats of survey of the following described land will be officially filed in the Colorado State Office, Bureau of Land Management, Lakewood, Colorado, effective 10 a.m., September 28, 2007. All inquiries should be sent to the Colorado State Office (CO-956), Bureau of Land Management, 2850 Youngfield Street, Lakewood, Colorado 80215-7093. The plat which includes the field notes, and is the entire record of this remonumentation/rehabilitation of certain corners, in duplicate, in Township 13 South, Range 94 West, Sixth Principal Meridian, Colorado was accepted on June 19, 2007. The plat which includes the field notes, and is the entire record of this resurvey, in duplicate, in Township 34 North, Range 7 West, New Mexico Principal Meridian, Colorado was accepted on July 20, 2007. The plat, and field notes, in duplicate, of the dependent resurvey in Township 12 South, Range 68 West, Sixth Principal Meridian, Colorado were accepted on July 26, 2007. The plat which includes the field notes, and is the entire record of this resurvey, in duplicate, of the dependent resurvey and corrective resurvey in Township 48 North, Range 10 East, New Mexico Principal Meridian, Colorado was accepted on July 31, 2007. The supplemental plat, in duplicate, of section 7, in Township 3 South, Range 72 West, Sixth Principal Meridian, Colorado, was accepted on August 8, 2007. The plat which includes the field notes, and is the entire record of this remonumentation of certain corners, in duplicate, in Township 16 South, Range 71 West, Sixth Principal Meridian, Colorado was accepted on September 5, 2007. The plat, and field notes, in duplicate, of the location and remonumentation of certain original corners in, Township 6 North, Range 97 West, Sixth Principal Meridian, Colorado were accepted on September 25, 2007. The supplemental plat, in duplicate, of section 11, in Township 3 South, Range 73 West, Sixth Principal Meridian, Colorado, was accepted on September 26, 2007. Randall M. Zanon, Chief Cadastral Surveyor for Colorado. [FR Doc. E7-19708 Filed 10-4-07; 8:45 am] BILLING CODE 4310-JB-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1131-1134 (Preliminary)] Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, China, Thailand, and the United Arab Emirates AGENCY: United States International Trade Commission. ACTION: Institution of antidumping duty investigations and scheduling of preliminary phase investigations. SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigations Nos. 731-TA-1131-1134 (Preliminary) under section 733(a) (19 U.S.C. 1673b(a)) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from Brazil, China, Thailand, and the United Arab Emirates of polyethylene terephthalate film, sheet, and strip provided for in subheading 3920.62.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach preliminary determinations in antidumping duty investigations in 45 days, or in this case by November 13, 2007. The Commission's views are due at Commerce within five business days thereafter, or by November 20, 2007. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: *Effective Date:* September 28, 2007. FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* These investigations are being instituted in response to a petition filed on September 28, 2007, by DuPont Teijin Films, Hopewell, VA; Mitsubishi Polyester Film of America, Greer, SC; SKC America, Inc., Covington, GA; and Toray Plastics (America), Inc., North Kingston, RI. *Participation in the investigations and public service list.* Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the **Federal Register** . Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and BPI service list.* Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigation, provided that the application is made not later than seven days after the publication of this notice in the **Federal Register** . A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Conference.* —The Commission's Director of Operations has scheduled a conference in connection with these investigations for 9:30 a.m. on October 19, 2007, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Parties wishing to participate in the conference should contact Jim McClure (202-205-3191) not later than October 16, 2007, to arrange for their appearance. Parties in support of the imposition of antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference. *Written submissions.* As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before October 24, 2007, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II
(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules. Issued: October 1, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-19683 Filed 10-4-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Office of Job Corps; Advisory Committee on Job Corps; Meeting AGENCY: Office of Job Corps, Department of Labor. ACTION: Notice of Advisory Committee meeting. SUMMARY: On August 22, 2006, the Advisory Committee on Job Corps
(ACJC)was established in accordance with the provisions of the Workforce Investment Act and the Federal Advisory Committee Act. The Committee was established to advance Job Corps' new vision for student achievement aimed at 21st century high-growth employment. The Committee was established to advance Job Corps' new vision for student achievement aimed at 21st century high-growth employment. This Committee will also evaluate Job Corps program characteristics, including its purpose, goals, and effectiveness, efficiency, and performance measures in order to address the critical issues facing the provision of job training and education to the youth population that it serves. The Committee may provide other advice and recommendations with regard to identifying and overcoming problems, planning program or center development or strengthening relations between Job Corps and agencies, institutions, or groups engaged in related activities. DATES: The meeting will be held October 18, 2007 from 9 a.m. to 3 p.m. ADDRESSES: The Advisory Committee meeting will be held at the Washington Hilton Hotel, 1919 Connecticut Avenue, NW., Washington, DC 20009. Telephone:
(202)483-3000. FOR FURTHER INFORMATION CONTACT: Crystal Woodward, Office of Job Corps, 202-693-3000 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: On August 22, 2006 the Advisory Committee on Job Corps (71 FR 48949) was established in accordance with the provisions of the Workforce Investment Act, and the Federal Advisory Committee Act. The Committee was established to advance Job Corps' new vision for student achievement aimed at 21st century high-growth employment. This Committee will also evaluate Job Corps program characteristics, including its purpose, goals, and effectiveness, efficiency, and performance measures in order to address the critical issues facing the provision of job training and education to the youth population that it serves. The Committee may provide other advice and recommendations with regard to identifying and overcoming problems, planning program or center development or strengthening relations between Job Corps and agencies, institutions, or groups engaged in related activities. *Agenda:* The agenda for the meeting is a continuation of report outs from the Committee's three subcommittees—subcommittee on onboard strength/retention; subcommittee on program performance and evaluation and subcommittee on disabilities. *Public Participation:* The meeting will be open to the public. Seating will be available to the public on a first-come first-served basis. Seats will be reserved for the media. Individuals with disabilities should contact the Job Corps official listed above, if special accommodations are needed. Signed at Washington, DC, this first day of October 2007. Esther R. Johnson, National Director, Office of Job Corps. [FR Doc. E7-19645 Filed 10-4-07; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,707] Dana Corporation, Torque-Traction Manufacturing, Inc., Including On-Site Leased Workers of Diversco Integrated Services, Inc. and Haas Total Chemical Management, Inc., Cape Girardeau, MO; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on July 23, 2007, applicable to workers of Dana Corporation, Torque-Traction Manufacturing, Inc., Cape Girardeau, Missouri. The notice was published in the **Federal Register** on August 9, 2007 (72 FR 44865). At the request of the petitioners, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of a variety of automotive axle components. New information shows that leased workers of Diversco Integrated Services, Inc. and Haas Total Chemical Management, Inc. were employed on-site at the Cape Girardeau, Missouri location of Dana Corporation, Torque-Traction Manufacturing, Inc. The Department has determined that the Diversco Integrated Services, Inc. and Haas Total Chemical Management, Inc. workers were sufficiently under the control of Dana Corporation, Torque-Traction Manufacturing, Inc. to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Diversco Integrated Services, Inc., and Haas Total Chemical Management, Inc. working on-site at the Cape Girardeau, Missouri location of the subject firm. The intent of the Department's certification is to include all workers employed at Dana Corporation, Torque-Traction Manufacturing, Inc., Torque-Traction Manufacturing, Inc. Cape Girardeau, Missouri who were adversely affected by a shift in production to Mexico. The amended notice applicable to TA-W-61,707 is hereby issued as follows: All workers of Dana Corporation, Torque-Traction Manufacturing, Inc., including on-site leased workers of Diversco Integrated Services, Inc., and Haas Total Chemical Management, Inc., Cape Girardeau, Missouri, who became totally or partially separated from employment on or after July 30, 2007, through July 23, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 1st day of October 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-19723 Filed 10-4-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,821] Hanes Brands Incorporated, Forest City, NC; Notice of Negative Determination Regarding Application for Reconsideration By application of August 27, 2007, a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA). The denial notice was signed on July 25, 2007 and published in the **Federal Register** on August 9, 2007 (72 FR 44866). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)If in the opinion of the Certifying Officer, a mis-interpretation of facts or of the law justified reconsideration of the decision. The TAA petition filed on behalf of workers at Hanes Brands Incorporated, Forest City, North Carolina engaged in the production of fleece and Jersey fabric, was denied based on the findings that during the relevant time period, the subject company did not separate or threaten to separate a significant number or proportion of workers, as required by Section 222 of the Trade Act of 1974. In the request for reconsideration, the petitioner states that there was a significant decrease in employment at the subject firm in the past few years and that the subject firm replaces workers who have left the company by temporary labor. The company official was contacted to verify employment numbers at the subject firm. When assessing eligibility for TAA, the Department exclusively considers the relevant employment data (for one year prior to the date of the petition and any imminent layoffs) for the facility where the petitioning worker group was employed. The company official confirmed what was established during the initial investigation. Production and salaried worker employment at the subject firm has increased from 2005 to 2006 and from January through June of 2007 when compared with the same period in 2006. Furthermore, the company official clarified that the subject firm does hire temporary workers in the times of increased demand. However, the employment numbers provided by the company official in the initial investigation do not reflect temporary workers. Should conditions change in the future, the petitioner is encouraged to file a new petition on behalf of the worker group which will encompass an investigative period that will include these changing conditions. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 28th day of September 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-19726 Filed 10-4-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,760] Hutchinson Technology, Eau Claire, WI; Notice of Affirmative Determination Regarding Application for Reconsideration By application postmarked August 22, 2007, the petitioner requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The denial notice was signed on July 10, 2007 and published in the **Federal Register** on July 26, 2007 (72 FR 41088). The initial investigation resulted in a negative determination based on the finding that imports of suspension assemblies for disk drives did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. In the request for reconsideration, the petitioner provided additional information regarding the subject firm's customers. The Department has reviewed the workers' request for reconsideration and the existing record, and has determined that an administrative review is appropriate. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed in Washington, DC, this 28th day of September 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-19725 Filed 10-4-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,147] Information Systems Network, Buckhead, GA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on September 17, 2007 in response to a worker petition filed by a company official on behalf of workers at Information Systems Network, Buckhead, Georgia. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 28th day of September 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-19722 Filed 10-4-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Labor Surplus Area Classification; Under Executive Orders 12073 and 10582 ACTION: Notice. SUMMARY: The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year
(FY)2008. DATES: *Effective Date:* The annual list of labor surplus areas is effective October 1, 2007 for all states, the District of Columbia, and Puerto Rico. FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, Office of Workforce Investment, Employment and Training Administration, 200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210. Telephone:
(202)693-2784 (This is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department of Labor's regulations implementing Executive Orders 12073 and 10582 are set forth at 20 CFR Part 654, Subparts A and B. These regulations require the Assistant Secretary of Labor for the Employment and Training Administration
(ETA)to classify jurisdictions as labor surplus areas pursuant to the criteria specified in the regulations and to publish annually a list of labor surplus areas. Pursuant to those regulations, the Assistant Secretary of Labor is hereby publishing the annual list of labor surplus areas. In addition, the regulations provide exceptional circumstance criteria for classifying labor surplus areas when catastrophic events, such as natural disasters, plant closings, and contract cancellations are expected to have a long-term impact on labor market area conditions, discounting temporary or seasonal factors. Eligible Labor Surplus Areas Procedures for Classifying Labor Surplus Areas Under the labor surplus area classification methodology, areas are classified as having a surplus of labor based on civil jurisdictions rather than on metropolitan statistical areas or labor market areas. Civil jurisdictions are defined as all cities with a population of at least 25,000 and all counties. Townships with a population of 25,000 or more are also considered as civil jurisdictions in four states (Michigan, New Jersey, New York, and Pennsylvania). In Connecticut, Massachusetts, Puerto Rico, and Rhode Island, where counties have very limited or no government functions, the classifications are done for individual towns. A civil jurisdiction is classified as a labor surplus area when its average unemployment rate was at least 20 percent above the average unemployment rate for all states (including the District of Columbia and Puerto Rico) during the previous two calendar years. During periods of high national unemployment, the 1.20 percent ratio is disregarded and an area is classified as a labor surplus area if its unemployment rate during the previous two calendar years was 10 percent or more. This 10 percent “ceiling” comes into effect whenever the two-year average unemployment rate for all states was 8.3 percent or above (i.e., 8.3 percent times the 1.20 ratio equals 10.0 percent). Similarly, a “floor” of 6.0 percent is used during periods of low national unemployment in order for an area to qualify as a labor surplus area. The six percent “floor” comes into effect whenever the average unemployment rate for all states during the two-year reference period was 5.0 percent or less. The Department of Labor issues the labor surplus area list on a fiscal year basis. The list becomes effective each October 1 and remains in effect through the following September 30. The reference period used in preparing the current list was January 2005 through December 2006. The national average unemployment rate during this period was 4.9 percent. Applying the “floor” concept, the unemployment rate for an area to qualify as having a surplus of labor for FY 2008 is 6.0 percent. Therefore, areas included on the FY 2008 labor surplus area list had an average unemployment rate of 6.0 percent or above during the reference period. The FY 2008 labor surplus area list can be accessed at *http://www.doleta.gov/programs/lsa.cfm.* Petition for Exceptional Circumstance Consideration The classification procedures also provide for the designation of labor surplus areas under exceptional circumstance criteria. These procedures permit the regular classification criteria to be waived when an area experiences a significant increase in unemployment which is not temporary or seasonal and which was not reflected in the data for the two-year reference period. Under the program's exceptional circumstance procedures, labor surplus area classifications can be made for civil jurisdictions, Metropolitan Statistical Areas or Primary Metropolitan Statistical Areas. In order for an area to be classified as a labor surplus area under the exceptional circumstance criteria, the state workforce agency must submit a petition requesting such classification to the Department of Labor's Employment and Training Administration. The current criteria for an exceptional circumstance classification are: an area unemployment rate of at least 6.0 percent for each of the three most recent months; a projected unemployment rate of at least 6.0 percent for each of the next 12 months; and documentation that the exceptional circumstance event has already occurred. The state workforce agency may file petitions on behalf of civil jurisdictions, as well as Metropolitan Statistical Areas or Primary Metropolitan Statistical Areas, as defined by the Office of Management and Budget (OMB). The addresses of state workforce agencies are available in this notice and on the ETA Web site at *http://www.doleta.gov/programs/lsa.cfm.* State workforce agencies may submit petitions in electronic format to *dais.anthony@dol.gov,* or in hard copy to the U.S. Department of Labor, Employment and Training Administration, Office of Workforce Investment, 200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210. Data collection for the petition is approved under OMB 1205-0207, dated November 23, 2004. State Workforce Agencies Alabama—Department of Industrial Relations, 649 Monroe St., Room 2204, Montgomery 36131. Alaska—Department of Labor & Workforce Development, P.O. Box 111149, Juneau 99811-1149. Arizona—Arizona Department of Economic Security, P.O. Box 6123, Site Code 901A, Phoenix 85005. Arkansas—Employment Security Department, P.O. Box 2981, Little Rock 72203. California—Employment Development Department, 800 Capitol Mall, Sacramento 95814. Colorado—Department of Labor and Employment, 633 17th Street, suite 1200, Denver 80202-3660. Connecticut—Connecticut Department of Labor, 200 Folly Brook Boulevard, Wethersfield 06109. Delaware—Delaware Department of Labor, Division of Employment & Training, 4425 North Market Street, Wilmington 19802. District of Columbia—Department of Employment Services, 64 New York Avenue NE., Suite 3000, Washington 20002. Florida—Agency for Workforce Innovation, 107 E. Madison Street, Suite 212, Caldwell Building, Tallahassee 32399-4120. Georgia—Georgia Department of Labor, 148 Andrew Young International Boulevard NE., Suite 600, Atlanta 30303. Hawaii—Department of Labor and Industrial Relations, 830 Punchbowl St., Room 321, Honolulu 96813. Idaho—Department of Labor, 317 W. Main Street, Boise 83735. Illinois—Department of Employment Security, 33 S. State Street, Chicago 60602-2802. Indiana—Department of Workforce Development, 10 North Senate Avenue, Room SE 302, Indianapolis 46204-2277. Iowa—Iowa Workforce Development, 1000 East Grand Avenue, Des Moines 50319. Kansas—Kansas Department of Commerce, 1000 SW. Jackson Street, Suite 100, Topeka 66612-1354. Kentucky—Department of Workforce Investment, 275 East Main Street, Frankfort 40601. Louisiana—Department of Labor, P.O. Box 94094, 1001 N. 23rd Street, Baton Rouge 70804. Maine—Department of Labor, 45 Commerce Drive, P.O. Box 259, Augusta 04332-0259. Maryland—Department of Labor, Licensing and Regulation, 1100 N. Eutaw Street, Room 616, Baltimore 21201. Massachusetts—Division of Unemployment Insurance, 19 Staniford Street, 3rd Floor, Boston 02114. Michigan—Department of Labor & Economic Growth, Ottowa Building—4th Floor, 611 W. Ottawa Street, Lansing 48909. Minnesota—Department of Employment & Economic Development, 332 Minnesota Street, Suite E 200, St. Paul 55101-1351. Mississippi—Employment Security Commission, 1235 Echelon Parkway, Jackson 39213. Missouri—Department of Labor and Industrial Relations, P.O. Box 504, 421 East Dunklin, Jefferson City 65102. Montana—Department of Labor and Industry, 1327 Lockey, P.O. Box 1728, Helena 59624-1728. Nebraska—Department of Labor, 550 South 16th Street, Lincoln 68509. Nevada—Department of Employment, Training and Rehabilitation, 500 E. Third Street, Carson City 89713. New Hampshire—Department of Employment Security, 32 S. Main Street, Concord 03301. New Jersey—Department of Labor and Workforce Development, P.O. Box 110, John Fitch Plaza, Trenton 08625-0110. New Mexico—Department of Labor, 401 Broadway, NE., P.O. Box 1928, Albuquerque 87103. New York—Department of Labor, State Campus-Building 12, Albany 12240. North Carolina—Employment Security Commission, P.O. Box 25903, Raleigh 27611. North Dakota—Job Service North Dakota, 1000 E. Divide Ave., P.O. Box 5507, Bismarck 58506-5507. Ohio—Department of Jobs and Family Services, 30 E. Broad Street, 32nd Floor, Columbus 43215. Oklahoma—Employment Security Commission, 2401 North Lincoln Boulevard, Oklahoma City 73105. Oregon—Oregon Employment Department, 875 Union St., NE., Salem 97311. Pennsylvania—Department of Labor & Industry, 7th and Forster Streets, L&I Building, 17th Floor, Harrisburg 17121. Puerto Rico—Department of Labor and Human Resources, 505 Munoz Rivera Avenue, P.O. Box 364452, Hato Rey 00936-4452. Rhode Island—Department of Labor & Training, 1511 Pontiac Avenue, Cranston 02920. South Carolina—Employment Security Commission, P.O. Box 995, Columbia 29202. South Dakota—Department of Labor, 700 Governors Drive, Pierre 57501. Tennessee—Department of Labor and Workforce Development, 710 James Robertson Parkway, 8th Floor—Andrew Johnson Tower, Nashville 37243 . Texas—Texas Workforce Commission, 101 East 15th Street, Room 618, Austin 78778. Utah—Department of Workforce Services, 140 East 300 South, Salt Lake City 84145-0249. Vermont—Department of Labor, 5 Green Mountain Drive, P.O. Box 488, Montpelier 05601-0488. Virginia—Virginia Employment Commission, 703 East Main Street, Richmond 23219. Washington—Employment Security Department, P.O. Box 9046, Olympia 98507-9046. West Virginia—Bureau of Employment Programs, 112 California Ave., Charleston 25305. Wisconsin—Department of Workforce Development, 201 East Washington Street, Room A400, Madison 53702. Wyoming—Department of Employment, 1510 E. Pershing Boulevard, 2nd Floor, Cheyenne 82002. Signed at Washington, DC, this 1 day of October 2007. Emily Stover DeRocco, Assistant Secretary, Employment & Training Administration. [FR Doc. E7-19707 Filed 10-4-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0062] Standard on Powered Platforms for Building Maintenance; Extension of the Office of Management and Budget's
(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Powered Platforms for Building Maintenance (29 CFR 1910.66). DATES: Comments must be submitted (postmarked, sent, or received) by December 4, 2007. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at
(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0062, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., EST. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0062). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION. *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651, *et seq.* ) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). Paragraph (e)(9) of the Standard requires that employers develop and implement a written emergency action plan for each type of powered platform operation. The plan must explain the emergency procedures that employees are to follow if they encounter a disruption of the power supply, equipment failure, or other emergency. Prior to operating a powered platform, employers must notify employees how they can inform themselves about alarm systems and emergency escape routes, and emergency procedures that pertain to the building on which they will be working. Employers are to review with each employee those parts of the emergency action plan that the employee must know to ensure their protection during an emergency; these reviews must occur when the employee receives an initial assignment involving a powered platform operation and after the employer revises the emergency action plan. According to paragraph (f)(5)(i)(C), employers must affix a load rating plate to a conspicuous location on each suspended unit that states the unit's weight and its rated load capacity. Paragraph (f)(5)(ii)(N) requires employers to mount each emergency electric operating device in a secured compartment and label the device with instructions for its use. After installing a suspension wire rope, paragraphs (f)(7)(vi) and (f)(7)(vii) mandate that employers attach a corrosion-resistant tag with specified information to one of the wire rope fastenings if the rope is to remain at one location. In addition, paragraph (f)(7)(viii) requires employers who resocket a wire rope to either stamp specified information on the original tag or put that information on a supplemental tag and attach it to the fastening. Paragraphs (g)(2)(i) and (g)(2)(ii) require that building owners, at least annually, have a competent person: Inspect the supporting structures of their buildings; inspect and, if necessary, test the components of the powered platforms, including control systems; inspect/test components subject to wear (e.g., wire ropes, bearings, gears, and governors); and certify these inspections and tests. Under paragraph (g)(2)(iii), building owners must maintain and, on request, disclose to OSHA a written certification record of these inspections/tests; this record must include the date of the inspection/test, the signature of the competent person who performed it, and the number/identifier of the building support structure and equipment inspected/tested. Paragraph (g)(3)(i) mandates that building owners use a competent person to inspect and, if necessary, test each powered platform facility according to the manufacturer's recommendations every 30 days, or prior to use if the work cycle is less than 30 days. Under paragraph (g)(3)(ii), building owners must maintain and, on request, disclose to the Agency a written certification record of these inspections/tests; this record is to include the date of the inspection/test, the signature of the competent person who performed it, and the number/identifier of the powered platform facility inspected/tested. According to paragraph (g)(5)(iii), building owners must use a competent person to thoroughly inspect suspension wire ropes for a number of specified conditions once a month, or before placing the wire ropes into service if the ropes are inactive for 30 days or longer. Paragraph (g)(5)(v) requires building owners to maintain and, on request, disclose to OSHA a written certification record of these monthly inspections; this record must consist of the date of the inspection, the signature of the competent person who performed it, and the number/identifier of the wire rope inspected. Paragraph (i)(1)(ii) requires that all employees who operate working platforms be trained in the following:
(A)Recognition of, and preventive measures for, the safety hazards associated with their individual work tasks;
(B)General recognition and prevention of safety hazards associated with the use of working platforms;
(C)Emergency action plan procedures required in paragraph (e)(9) of this section;
(D)Work procedures required in paragraph (i)(1)((iv) of this section;
(E)Personal fall arrest system inspection, care, use and system performance. Paragraph (1)(1)(iii) requires that training of employees in the operation and inspection of working platforms be performed by a competent person. Paragraph (i)(1)(iv) requires that written work procedures for the operation, safe use and inspection of working platforms be provided for employee training. Upon completion of this training, paragraph (i)(1)(v) specifies that employers must prepare a written certification that includes the identity of the employee trained, the signature of the employer or the trainer, and the date the employee completed the training. In addition, the employer must maintain an employee's training certificate for the duration of their employment and, on request, make it available to OSHA. Emergency action plans allow employers and employees to anticipate, and effectively respond to, emergencies that may arise during powered platform operations. Affixing load rating plates to suspended units, instructions to emergency electric operating devices, and tags to wire rope fasteners prevent workplace accidents by providing information to employers and employees regarding the conditions under which they can safely operate these system components. Requiring building owners to establish and maintain written certification of inspections and testing conducted on the supporting structures of buildings, powered platform systems, and suspension wire ropes provides employers and employees with assurance that they can operate safely from the buildings using equipment that is in safe operating condition. The training requirements increase employee safety by allowing them to develop the skills and knowledge necessary to effectively operate, use, and inspect powered platforms, recognize and prevent safety hazards associated with platform operation, respond appropriately under emergency conditions, and maintain and use their fall protection arrest system. Training certification permits employers to review the training provided to their employees, thereby ensuring that the employees received the necessary training. In addition, the paperwork requirements specified by the Standard provide the most efficient means for an OSHA compliance officer to determine whether or not employers and building owners are providing the required notification, certification, and training. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Standard on Powered Platforms for Building Maintenance (29 CFR 1910.66). The Agency is requesting to retain its current burden hour total of 135,656 hours associated with this Standard. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved collection. *Title:* Standard on Powered Platforms for Building Maintenance (29 CFR 1910.66). *OMB Number:* 1218-0121. *Affected Public:* Business or other for-profit. *Number of Respondents:* 900. *Frequency:* On occasion; initially, monthly, annually. *Average Time Per Response:* Varies from 2 minutes (.03 hour) to disclose certification records to 10 hours to inspect/test both a powered platform facility and its suspension wire ropes, and to prepare the certification record. *Total Burden Hours Requested:* 135,656. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:
(1)Electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;
(2)by facsimile (FAX); or
(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0062). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at
(202)693-2350 (TTY
(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov* . Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506, *et seq.* ) and Secretary of Labor's Order No. 5-2007 (72 FR 31159). Signed at Washington, DC, on October 2, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-19695 Filed 10-4-07; 8:45 am] BILLING CODE 4510-26-P NATIONAL SCIENCE FOUNDATION Committee on Equal Opportunities in Science and Engineering (CEOSE); Notice of Meeting—Correction In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announced the meeting of the Committee on Equal Opportunities in Science and Engineering
(1173)on October 16 and 17, 2007 at the National Science Foundation. This notice was published on September 21, 2007, on page 54080, FR Doc. E7-18597. Below is the corrected agenda. It contains the following changes: • On October 16 the American Community Survey has been removed and the Planning for the Minority Technical Organization Summit has been added. • The Report on the NSF Broadening Participation Plan has been moved to October 17. *Contact Person:* Dr. Margaret E.M. Tolbert, Senior Advisor and Executive Liaison, CEOSE, Office of Integrative Activities, National Science Foundation, 4201 Wilson Boulevard Arlington, VA 22230, Telephone:
(703)292-8040, *mtolbert@nsf.gov* . Agenda Tuesday, October 16, 2007 Welcome and Opening Statement by the CEOSE Chair Introductions Presentations and Discussions: • Experimental Program to Stimulate Competitive Research • Broadening Participation Briefings on NSF Advisory Committee Meetings • Planning for the Minority Technical Organization Summit • Concurrent Planning Meetings of CEOSE *Ad Hoc* Subcommittees • Reports on Strategic Planning by CEOSE, Mini-Symposium: Institutions Serving Persons with Disabilities Who Are in STEM Fields, and Broadening Participation Efforts of Several Federal Agencies Wednesday, October 17, 2007 Opening Statement by the New CEOSE Chair Presentations/Discussions: • Report on the NSF Broadening Participation Plan • Broadening Participation Initiatives of the NSF Directorate for Engineering • Broadening Participation Initiatives of the Chemistry Division of the NSF Directorate for Mathematical and Physical Sciences • Discussion Topics Pertinent to the CEOSE Mandate with the NSF Director and Deputy Director Completion of Unfinished Business Dated: October 1, 2007. Susanne Bolton, Committee Management Officer. [FR Doc. E7-19656 Filed 10-4-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-285] Omaha Public Power District; Notice of Denial of Amendment to Facility Operating License and Opportunity for Hearing The U.S. Nuclear Regulatory Commission (NRC or the Commission) has denied a request by Omaha Public Power District (the licensee), for an amendment to Renewed Facility Operating License No. DPR-40 issued to the licensee for operation of the Fort Calhoun Station, Unit No. 1, located in Washington County, Nebraska. Notice of Consideration of Issuance of this amendment was published in the **Federal Register** on April 26, 2005 (70 FR 21459). By letter dated March 31, 2005, the licensee requested an amendment to revise the Renewed Facility Operating License and Technical Specifications
(TSs)to increase the license core power. Fort Calhoun Station, Unit No. 1, is currently licensed for a rated thermal power of 1500 megawatts thermal (MWt). Through the use of more accurate feedwater flow measurement equipment, approval was sought to increase this core power by 1.5 percent to 1522 MWt. The power uprate would be based on the use of the CROSSFLOW TM system for determination of main feedwater flow and the associated determination of reactor power through the performance of the power calorimetric currently required by the Fort Calhoun Station TSs. The OPPD license amendment request to increase core power is based on Westinghouse topical report CENPD-397-P-A, “Improved Flow Measurement Accuracy Using Crossflow Ultrasonic Flow Measurement Technology,” for new and future uses of the CROSSFLOW ultrasonic flow meter. The topical report provided several assessments with respect to that topical report to justify the power increase. Because the licensee's license amendment request is based on CENPD-397-P-A and the NRC staff has suspended its approval, as explained in the NRC staff's letter to Westinghouse dated September 26, 2007, of the use of this topical report in license amendment requests, the NRC staff has concluded that the licensee's request cannot be granted. The licensee was notified of the Commission's denial of the proposed change by a letter dated September 27, 2007. By 30 days from the date of publication of this notice in the **Federal Register** , the licensee may demand a hearing with respect to the denial described above. Any person whose interest may be affected by this proceeding may file a written petition for leave to intervene pursuant to the requirements of 10 CFR 2.309. A request for hearing or petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 Attention: Rulemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, by the above date. A request for hearing or petition for leave to intervene may also be transmitted directly to the Secretary of the Commission by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov.* A copy of any petitions should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Copies of petitions may also be transmitted directly to the Office of the General Counsel by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* A copy of any petitions should also be sent to James R. Curtiss, Esq., Winston & Strawn, 1700 K Street, NW., Washington, DC 20006-3817, Senior Counsel for the licensee. For further details with respect to this action, see
(1)The application for amendment dated March 31, 2005, and
(2)the Commission's letter to the licensee dated September 27, 2007. Documents may be examined, and/or copied for a fee, at the NRC's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and will be accessible electronically through the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room link 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 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 27th day of September 2007. For the Nuclear Regulatory Commission. Timothy J. McGinty, Acting Director, Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation. [FR Doc. 07-4939 Filed 10-4-07; 8:45 am]
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U.S. Code
17 references not yet in our index
  • Pub. L. 82-277
  • 67 Stat. 586
  • 463 U.S. 713
  • Pub. L. 83-277
  • 43 CFR 3809
  • 40 CFR 1500
  • 40 CFR 1503.4
  • 43 CFR 4.5
  • 43 CFR 8364.1
  • 5 USC 601-612
  • 43 CFR 8341.2
  • 19 CFR 201
  • 19 CFR 207
  • 26 USC 2813
  • 29 CFR 90.18(c)
  • 20 CFR 654
  • Pub. L. 92-463
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Stat.Public Law 98–615
U.S.C.§ 1301
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Fed. Reg.Notices
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U.S.C.§ 1532
SCOTUS463 U.S. 713
Pub. L.Pub. L. 82-277
Stat.67 Stat. 586
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