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Code · REGISTER · 2007-10-11 · Department of the Treasury · Proposed Rules

Proposed Rules. Notice of inquiry; Notice of public meeting

13,814 words·~63 min read·/register/2007/10/11/07-5015

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BILLING CODE 4910-13-M DEPARTMENT OF THE TREASURY Office of International Investment 31 CFR Part 800 Regulations Pertaining to Mergers, Acquisitions and Takeovers AGENCY: Department of the Treasury. ACTION: Notice of inquiry; Notice of public meeting. SUMMARY: On July 26, 2007, President Bush signed into law the Foreign Investment and National Security Act of 2007 (“FINSA”), which amends section 721 of the Defense Production Act of 1950. Section 721 creates a process by which the President and his delegee, the Committee on Foreign Investment in the United States (“CFIUS”), conduct national security reviews of foreign acquisitions of control of U.S. businesses.
As chair of CFIUS, Treasury has begun preparatory work on regulations that implement these new legislative provisions. Treasury is interested in private sector views on issues relating to the existing national security review process, as well as issues raised by FINSA, and is inviting both written and oral comments. DATES: Written comments are due on or before December 7, 2007. The public meeting will be held from two to four o'clock (2-4 p.m.) on October 23, 2007. ADDRESSES:
Written comments may be submitted electronically to *CFIUS@do.treas.gov.* Electronic filings that exceed 5 megabytes
(MB)must be divided into smaller transmissions of no more than 5MB each. All comments will be posted to CFIUS's Web site at *http://www.ustreas.gov/offices/international-affairs/exon-florio/.* FOR FURTHER INFORMATION CONTACT: For questions about this Notice of Inquiry or the Notice of Public Meeting, contact: Nova Daly, Deputy Assistant Secretary, U.S. Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220; telephone:
(202)622-2752; or e-mail: *Nova.Daly@do.treas.gov.* SUPPLEMENTARY INFORMATION: *Background:* On May 10, 2007, President Bush issued an Open Economies statement reaffirming the United States' longstanding policy of welcoming international investment. He noted that, while continuing “to take every necessary step to protect national security, my Administration recognizes that our prosperity and security are founded on our country's openness.” In that context, on July 26, 2007, President Bush signed into law the Foreign Investment and National Security Act of 2007 (“FINSA”) (Pub. L. 110-49), which amends section 721 of the Defense Production Act of 1950 (50 U.S.C. 2170 *et seq.* ) (“section 721”), to codify the structure, role, process, and responsibilities of CFIUS. The principal provisions of the new legislation are described below. *CFIUS Membership:* FINSA establishes CFIUS in statute and specifies its membership to include the Secretaries of the Departments of the Treasury, State, Defense, Commerce, Energy, and Homeland Security, and the Attorney General. Additionally, the Secretary of Labor and the Director of National Intelligence are *ex officio,* non-voting members of CFIUS, with the latter serving as an independent advisor to CFIUS on intelligence matters. In addition to certain officials in the Executive Office of the President, the President may also appoint the head of any other executive department, agency, or office whom he deems appropriate to serve as a CFIUS member. Current executive orders specify twelve CFIUS members, including certain officials in the Executive Office of the President. FINSA specifies that the Secretary of the Treasury shall serve as Chairperson of CFIUS and, as appropriate, shall designate a CFIUS member or members to be the “lead” agency or agencies for each covered transaction reviewed by CFIUS and for the monitoring of completed transactions. *Review and Investigation Process:* FINSA requires that, upon receipt by Treasury of written notification of a “covered transaction” ( *i.e.* , a merger, acquisition, or takeover by or with any foreign person that could result in foreign control of any person engaged in interstate commerce in the United States), the President, acting through CFIUS, shall review the transaction within 30 days to determine its effects on national security, based on any relevant factors, including several new factors FINSA added to an illustrative list contained in section 721. The term “national security” is clarified to include those issues relating to “homeland security,” including its application to “critical infrastructure,” which is also defined in the new legislation. If, during its review, CFIUS determines that
(1)the transaction threatens to impair U.S. national security and the threat has not yet been mitigated,
(2)the lead agency recommends an investigation and CFIUS concurs,
(3)the transaction would result in foreign government control, or
(4)the transaction would result in the control of any U.S. critical infrastructure that could impair U.S. national security and the threat has not yet been mitigated, then CFIUS must conduct and complete within 45 days an investigation of the transaction. The latter two grounds for an investigation do not mandate an investigation if the Secretary or Deputy Secretary of the Treasury and the equivalent lead agency counterparts jointly determine that the transaction will not impair U.S. national security. FINSA also authorizes the President or CFIUS, if approved at the Under Secretary level or above, to review unilaterally any covered transaction that is proposed or pending after August 23, 1988, and that has not previously been reviewed, or a previously reviewed transaction if false or inaccurate information was submitted to CFIUS during the review or investigation of the transaction or a mitigation agreement resulting from the review or investigation was intentionally and materially breached. *Risk Mitigation and Tracking of Withdrawn Cases:* FINSA provides that CFIUS or a lead agency designated by the Secretary of the Treasury may, on behalf of CFIUS, enter into, modify, monitor, and enforce agreements with any party to a covered transaction to mitigate national security risk posed by the transaction. Any mitigation agreement must be based on transaction-specific, risk-based analysis. FINSA also requires that CFIUS establish a method of tracking transactions withdrawn from the review or investigation process, as well as a process for establishing interim protections to address any national security concerns raised by withdrawn transactions that have not yet been refiled. *Actions by the President:* FINSA authorizes the President to suspend or prohibit any covered transaction when
(1)there is credible evidence that the foreign interest might take action that threatens to impair national security, and
(2)provisions of law other than section 721 and the International Emergency Economic Powers Act do not provide adequate and appropriate authority to protect national security in the matter before the President. The President must decide whether to take such action within 15 days of the completion of an investigation, based on all relevant factors, including, as appropriate, an illustrative list of factors contained in section 721, which has been expanded by FINSA. *Regulations:* FINSA requires the President to direct the issuance of implementing regulations. These regulations shall impose civil penalties for violations of section 721, including those relating to mitigation agreements. Proposed regulations will be published in the **Federal Register** and be subject to notice and comment before final regulations are published. Treasury must also publish in the **Federal Register** guidance on the types of transactions that CFIUS has reviewed and that have presented national security considerations. Treasury plans to do so separately from the regulations that will be published under section 721. *Request for Comment:* The purpose of issuing this notice of inquiry and convening a public meeting is to obtain a wide array of views of businesses active in international mergers and acquisitions on several broad topics, in order to inform regulatory development. Topics of particular interest to Treasury include, but are not limited to:
(i)Procedural issues relating to the review process, including pre-filing, filing of voluntary notice, unilateral initiation of review by CFIUS, withdrawal of notice, refiling of notice, and notice to filers of the results of a review or investigation;
(ii)Definitional issues, including the definitions of “control,” “foreign person,” “person engaged in interstate commerce in the United States,” “critical infrastructure,” and “critical technologies”;
(iii)Mitigation agreements, including determinations of the need for risk mitigation, scope of provisions, compliance monitoring, modification, and enforcement, including civil penalties and other remedies for breach;
(iv)Confidentiality issues;
(v)Collection of information from filers, including personal identifier information and information to aid CFIUS in determining jurisdiction and whether the transaction raises national security considerations; and
(vi)Emerging trends in international investment and their relevance to the CFIUS process, including legal structures for effecting acquisitions of U.S. businesses. Treasury would also be interested in hearing views on other topics of interest to the private sector that relate to the CFIUS review process or FINSA. *Public Meeting:* Treasury announces a public meeting to be held from two to four o'clock (2-4 p.m.) on October 23, 2007, in Room 4121 of the Treasury Building, at 1500 Pennsylvania Avenue, NW., Washington, DC 20220, to discuss issues associated with this legislation. The meeting will be open to the public on a first-come, first-served basis. Space is limited. Due to security requirements and to facilitate entry to the meeting site, anyone wishing to attend must contact Mr. Michael Kimack at *Michael.Kimack@do.treas.gov* or
(202)622-0414 no later than October 16, 2007, in order to provide the necessary clearance information: Full name, business affiliation, date of birth, and Social Security number. For foreign nationals: Full name, business affiliation, date of birth, passport number, and the country where the passport was issued. When arriving for the meeting, attendees must present photo or passport identification and/or a U.S. Government building pass, if applicable, and should arrive at least one-half hour prior to the start time of the meeting. The public meeting is physically accessible to people with disabilities. Individuals requiring special services, such as sign language interpretation, are asked to indicate this to Mr. Kimack. Dated: October 4, 2007. Gay Hartwell Sills, Staff Chair, Committee on Foreign Investment in the United States (CFIUS). [FR Doc. E7-20042 Filed 10-10-07; 8:45 am] BILLING CODE 4811-42-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD11-04-002] RIN 1625-AA01 Anchorage Regulation; San Francisco Bay, CA AGENCY: Coast Guard, DHS. ACTION: Supplemental notice of proposed rulemaking. SUMMARY: The Coast Guard is submitting for public consideration this supplemental notice of proposed rulemaking. We propose to create in San Francisco Bay a temporary anchorage area, designated Anchorage 8A, adjacent to existing anchorage 8 that can be activated by Coast Guard Vessel Traffic Services
(VTS)when the number of vessels requesting to anchor in Anchorages 8 and 9 exceeds the capacity of these two anchorages. Promulgating a permanent rule to establish the temporary anchorage area allows the Coast Guard to define its use and location, and to establish procedures for activating the anchorage area and notifying the maritime public. DATES: Comments and related material must reach the Coast Guard on or before December 10, 2007. ADDRESSES: You may mail comments and related material to Waterways Safety Branch, Sector San Francisco, 1 Yerba Buena Island, San Francisco, California 94130. Waterways Safety Branch maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at the Waterways Safety Branch, Sector San Francisco, 1 Yerba Buena Island, San Francisco, California 94130, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Eric Ramos, U.S. Coast Guard Sector San Francisco, Waterways Safety Branch at telephone
(415)399-7443. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD11 04-002), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying. If you would like to know that your submission reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not plan to hold a public meeting. But you may submit a request for a meeting by writing to the Waterways Safety Branch at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a separate notice in the **Federal Register** . Regulatory History We published a notice of proposed rulemaking
(NPRM)entitled “Anchorage Regulation; San Francisco Bay, CA” in the **Federal Register** on April 1, 2004 (69 FR 17119), under docket number CGD11-04-002. Due to the lengthy period of time that has lapsed since April 1, 2004, and the reduction of the size of the proposed new Anchorage 8A, the Coast Guard decided to resubmit this proposal to the public for further consideration. The difference between this supplemental notice of proposed rulemaking and the original notice of proposed rulemaking is the size of proposed anchorage 8A. The size has been reduced based upon public comment to the original notice of proposed rulemaking. Discussion of Comments Comments were received from the San Francisco Bay Conservation and Development Commission (BCDC). The BCDC requested that a consistency determination be submitted evaluating the proposal in relation to BCDC Coastal Zone Management Policies. A 15 CFR Part 930.35 Negative Determination was submitted to BCDC on September 18, 2006. In a letter dated October 17, 2006, BCDC suggested that the Coast Guard consult with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service
(NMFS)regarding threatened or endangered species. A biological evaluation was submitted to the USFWS and NMFS on November 21, 2006. On December 4, 2006, USFWS copied the Coast Guard on a 2004 memorandum in which they found that proposed Anchorage 8A could adversely affect the endangered California least tern (Stern antillarum browni). The Coast Guard redefined the size and configuration of the proposed anchorage based on consultation with USFWS. As a result, USFWS concurred with the Coast Guard's determination of “not likely to adversely affect” as described below. BCDC also concurred that the proposed action would be consistent with their Amended Coastal Zone Management Program for San Francisco Bay. NMFS wrote to the Coast Guard on June 4, 2007, that “based on the best available scientific information, the NMFS has determined that the proposed project is not likely to adversely affect listed salmonids or green sturgeon,” populations which are listed as threatened or endangered under the Endangered Species Act and which may be present in the proposed Anchorage 8A area. Background and Purpose Due to the trend toward larger ships arriving in San Francisco Bay, the growth of faster Marine Transportation Systems, and increased large vessel traffic, use of Anchorages 8 and 9 in San Francisco Bay has increased. In addition to more vessels needing to anchor while awaiting the departure of other vessels at berth, periodic labor strikes and disputes have caused delays in the turnaround time of cargo, and filled Anchorages 8 and 9 to capacity. To address the continuing need to temporarily activate an additional anchorage area, the Coast Guard issued a proposed rule on April 1, 2004 (69 FR 17119) that proposed to formalize temporary anchorage 8A. The April 1, 2004, NPRM originally proposed that Anchorage 8A be bounded by the following lines: Beginning latitude 37°47′35.5″ N and longitude 122°21′50″ W; thence south-southwesterly to latitude 37°47′05″ N and longitude 122°22′07.5″ W; thence south-southeasterly to latitude 37°46′30″ N and longitude 122°21′56″ W; thence easterly along the northern border of Anchorage 9 to latitude 37°46′21.5″ N and longitude 122°19′07″ W; thence northerly to latitude 37°46′34.5″ N and longitude 122°19′05.5″ W; thence westerly to latitude 37°46′36.5″ N and longitude 122°19′52″ W; thence westerly along the southern border of Anchorage 8 to latitude 37°45′40″ N and longitude 122°21′23″ W; thence northwesterly along the southwestern border of Anchorage 8 back to the beginning point (NAD 83). The proposed perimeter of the original size of Anchorage 8A was approximately six and one-half nautical miles. Due to the lengthy period of time that has lapsed since April 1, 2004, and the reduction of the size of the proposed new Anchorage 8A, the Coast Guard decided to publish a supplemental notice to allow the public to comment on the reduced size of proposed anchorage 8A. Discussion of Supplemental Proposed Rule This SNPRM proposes that the new perimeter of Anchorage 8A be approximately four nautical miles and bounded by the following lines: Beginning at latitude 37°47′35″ N and longitude 122°21′50″ W; thence south-southwesterly to latitude 37°47′07″ N and longitude 122°22′09″ W; thence south-southeasterly to latitude 37°46′30″ N and longitude 122°21′57″ W; thence easterly along the northern border of anchorage 9 to latitude 37°46′26″ N and longitude 122°20′42″ W; thence northerly to latitude 37°46′38″ N and longitude 122°20′42″ W; thence westerly along the southern border of anchorage 8 to latitude 37°46′41″ N and longitude 122°21′23″ W; thence northwesterly along the southwestern border of anchorage 8 back to the beginning point (NAD 83). Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. The effect of this regulation will not be significant because the anchorage will only be used when unusual circumstance require that it be activated, recreational traffic can still traverse the anchorage area when necessary, and the temporary anchorage area only takes up a small portion of San Francisco Bay. In addition, this temporary anchorage area has been used twice in the past to accommodate vessels during labor disputes that resulted in Anchorages 8 and 9 being filled to capacity. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This proposed rule would not have a significant economic impact on a substantial number of small entities for the reasons discussed in the Regulatory Evaluation above. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant Eric Ramos, Sector San Francisco, Waterways Safety Branch Chief, 1 Yerba Buena Island, San Francisco, California 94130,
(415)399-7443. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. Taking of Private Property This proposed rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(f), of the Instruction, from further environmental documentation because we are changing an anchorage regulation. A draft “Environmental Analysis Check List” and a draft “Categorical Exclusion Determination” will be available in the docket where indicated under ADDRESSES . Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 0170. 2. In § 110.224— a. In paragraph (d), revise Table 110.224(D)(1) and add a new paragraph to Notes at the end of the table and; b. In paragraph (e), redesignate paragraphs
(6)through
(21)as paragraphs
(7)through
(22), and add new paragraph (e)(6) to read as follows: § 110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and connecting waters, CA. (d)(1) * * * Table 110.224(D)(1) Anchorage No. General location Purpose Specific regulations 4 San Francisco Bay General Notes a, b. 5 ......do ......do Do. 6 ......do ......do Note a. 7 ......do ......do Notes a, b, c, d, e. 8 ......do ......do Notes a, b, c. 8A ......do ......do Notes a, b, c, d, e, j, n. 9 ......do ......do Notes a, b, m. 10 ......do Naval Note a. 12 ......do Explosives Notes a, f. 13 ......do ......do Notes a, e, g. 14 ......do ......do Notes a, f, h. 18 San Pablo Bay General. 19 ......do ......do Note b. 20 ......do ......do. 21 ......do Naval. 22 Carquinez Strait General. 23 Benicia General Notes c, d, e, l. 24 Carquinez Strait General Note j. 26 Suisun Bay ......do Note k. 27 ......do ......do. 28 San Joaquin River ......do. 30 ......do Explosives. Notes: * * * n. This temporary anchorage will be activated by VTS San Francisco when Anchorages 8 and 9 are at capacity and additional anchorage capacity in the vicinity of Alameda is required. VTS will notify a vessel that this temporary anchorage is activated and available for use when Anchorages 8 and 9 are full, and a vessel requests permission from VTS to anchor in Anchorage 8 or 9.
(e)*Boundaries.* * * *
(6)*Anchorage No. 8A.* In San Francisco Bay bounded by the following lines: Beginning at latitude 37°47′35″ N and longitude 122°21′50″ W; thence south-southwesterly to latitude 37°47′07″ N and longitude 122°22′09″ W; thence south-southeasterly to latitude 37°46′30″ N and longitude 122°21′57″ W; thence easterly along the northern border of anchorage 9 to latitude 37°46′26″ N and longitude 122°20′42″ W; thence northerly to latitude 37°46′38″ N and longitude 122°20′42″ W; thence westerly along the southern border of anchorage 8 to latitude 37°46′41″ N and longitude 122°21′23″ W; thence northwesterly along the southwestern border of anchorage 8 back to the beginning point (NAD 83). Dated: August 15, 2007. C.E. Bone, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. E7-19995 Filed 10-10-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05-07-093] RIN 1625-AA09 Drawbridge Operation Regulations; Corson Inlet, New Jersey Intracoastal Waterway (NJICW), Townsend Inlet, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to change the drawbridge operation regulations of four Cape May County Bridge Commission (the Commission) bridges: The Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone Harbor Boulevard Bridge, at NJICW mile 102.0, across Great Channel at Stone Harbor; the Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3 in Avalon, NJ. This proposal would allow the drawbridges to operate on an advance notice basis on particular dates at particular times during holidays in December of every year. This proposal would allow the draw tenders to spend the holiday with their families while still providing for the reasonable needs of navigation. DATES: Comments and related material must reach the Coast Guard on or before November 26, 2007. ADDRESSES: You may mail comments and related material to Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard District maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at Commander (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, at
(757)398-6222. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking CGD05-07-093, indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying. If you would like a return receipt, please enclose a stamped, self-addressed postcard or envelope. We will consider all submittals received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to Commander (dpb), Fifth Coast Guard District at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the **Federal Register.** Background and Purpose The owner of the drawbridges, the Cape May County Bridge Commission (the Commission), requested changes to the operating regulations for the four drawbridges to allow them to operate on an advance notice basis at different times on Christmas Eve, Christmas Day and the day after Christmas of every year. Over the years, the Commission had difficulty during the Christmas holiday in staffing their drawbridges: The Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone Harbor Boulevard Bridge, at NJICW mile 102.0, across Great Channel at Stone Harbor; the Two-Mile Bridge at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3 in Avalon. In the past six years, the Commission has received written authorization from the Coast Guard that allowed the drawbridges to operate on a two-hour advance notice for vessel openings at designated times on Christmas Eve, Christmas Day and the day after Christmas that allowed the draw tenders to spend the holiday with their families while still providing for the reasonable needs of navigation. A review of the bridge logs supplied by the Commission for the affected drawbridges reveals that they have not received any requests nor performed any bridge openings on Christmas Eve, Christmas Day or the day after Christmas for at least the previous nine years. The Cape May County Bridge Commission Department of Public Works currently maintains a 24-hour telephone at
(609)368-4591 to request bridge openings. Qualified personnel will be on-call and ready for dispatch with two-hour advance notice for the following drawbridges: Corson Inlet The Corson Inlet Bridge, mile 0.9, at Strathmere has a vertical clearance of 15 feet above mean high water
(MHW)and 18 feet above mean low water
(MLW)in the closed position to vessels. The existing operating regulations are set out in 33 CFR 117.714. The Commission requested to change the current operating regulations by requiring the draw span to open on signal if at least two hours notice is given from 12:01 a.m. on December 25 until and including 6 a.m. on December 26 of every year. New Jersey Intracoastal Waterway The Stone Harbor Boulevard Bridge, at NJICW mile 102.0, across Great Channel at Stone Harbor has a vertical clearance of 15 feet above MHW and 11 feet above MLW in the closed position to vessels. The existing operating regulations are set out in 33 CFR 117.733(i). The Commission requested to change the current operating regulations by requiring the draw span to open on signal if at least two hours notice is given from 10 p.m. on December 24 until and including 6 a.m. on December 26 of every year. The Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest has a vertical clearance of 23 feet above MHW and 27 feet above MLW. The existing regulations are set out in 33 CFR 117.733(k). The Commission requested to change the current operating regulations by requiring the draw span to open on signal if at least two hours notice is given from 10:30 p.m. on December 24 until and including 10:30 p.m. on December 25 of every year. Townsend Inlet The Townsend Inlet Bridge, at mile 0.3, in Avalon has a vertical clearance of 23 feet above MHW and 26 feet above MLW in the closed position to vessels. The existing regulations are set out in 33 CFR 117.757. The Commission requested to change the current operating regulations by requiring the draw span to open on signal if at least two hours notice is given from 11 p.m. on December 24 until and including 11 p.m. on December 25 of every year. The Coast Guard believes that all of the proposed changes are reasonable because the drawbridges would still open on Christmas Eve, Christmas Day, and the day after Christmas, as applicable, after the advance notice is given. Discussion of Proposed Rule Corson Inlet The proposed rule amends 33 CFR 117.714 by revising the operating regulations by extending the two-hour notice period in effect during the off season to include all of Christmas Day. The proposal would read as follows: The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall open on signal: Except, that from October 1 through May 15 from 10 p.m. to 6 a.m., and from 6 a.m. to 10 p.m. on December 25, the draw need open only if at least two hours notice is given. New Jersey Intracoastal Waterway This proposed rule amends 33 CFR 117.733 by revising paragraph (i), which details the operating regulations for the Stone Harbor Boulevard Bridge at NJICW mile 102.0, across Great Channel at Stone Harbor. A new paragraph will be added at § 117.733(i)(3) to read that the draw shall open on signal from 10 p.m. on December 24 until 6 a.m. on December 26 if at least two hours notice is given. This proposed rule also amends 33 CFR 117.733 by revising paragraph (k), which details the operating regulations for the Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest. Paragraph
(k)would state that the draw shall open on signal except:
(1)From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open for vessels from 9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year; and
(2)from 10:30 p.m. on December 24 until and including 10:30 p.m. on December 26, the draw need open only if at least two hours notice is given. Townsend Inlet The proposed rule amends 33 CFR 117.757 by revising the operating regulations to read as follows: The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open on signal except:
(1)From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open from 9:15 a.m. to 2:30 p.m. on the third Sunday of March of every year; and
(2)from 11 p.m. on December 24 until 11 p.m. on December 25, the draw need open only if at least two hours notice is given. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning, and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. We reached this conclusion based on the fact that the proposed changes have only a minimal impact on maritime traffic transiting the bridge. Mariners can plan their trips in accordance with the scheduled bridge openings to minimize delays, and vessels that can pass under the bridges without a bridge opening may do so at all times. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would not have a significant economic impact on a substantial number of small entities because the rule only adds minimal restrictions to the movement of navigation, mariners who plan their transits in accordance with the scheduled bridge openings can minimize delay and vessels that can pass under the bridges without a bridge opening may do so at all times. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard District,
(757)398-6222. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2-1, (32)(e), of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (32)(e), an “Environmental Analysis Check List” or “Categorical Exclusion Determination” is not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05-1(g). 2. Revise § 117.714 to read as follows: § 117.714 Corson Inlet The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall open on signal; except that from October 1 through May 15 from 10 p.m. to 6 a.m., and from 6 a.m. to 10 p.m. on December 25, the draw need open only if at least two hours notice is given. 3. Section 117.733 is amended by adding a new paragraph (i)(3) and revising paragraph
(k)to read as follows: § 117.733 New Jersey Intracoastal Waterway.
(i)* * *
(3)From 10 p.m. on December 24 until 6 a.m. on December 26, the draw need open only if at least two hours notice is given.
(k)The draw of Two-Mile Bridge, mile 112.2, across Middle Thorofare in Wildwood Crest, shall open on signal except:
(1)From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open for vessels from 9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year.
(2)From 10:30 p.m. on December 24 until 10:30 p.m. on December 26, the draw need open only if at least two hours notice is given. 4. § 117.757 is revised to read as follows: § 117.757 Townsend Inlet The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open on signal except:
(1)From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open from 9:15 a.m. to 2:30 p.m. on the third Sunday of March of every year.
(2)From 11 p.m. on December 24 until 11 p.m. on December 25, the draw need open only if at least two hours notice is given. Dated: September 28, 2007. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E7-19949 Filed 10-10-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2007-0656; FRL-8479-8] Approval and Promulgation of Air Quality Implementation Plans; State of South Dakota; Revisions to the Administrative Rules of South Dakota AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State Implementation Plan
(SIP)revision submitted by the State of South Dakota on August 8, 2006. The August 8, 2006 submittal revises the Administrative Rules of South Dakota, Air Pollution Control Program, by modifying the chapters pertaining to definitions, ambient air quality, air quality episodes, operating permits for minor sources, performance testing, control of visible emissions, and continuous emission monitoring systems. The intended effect of this action is to make these revisions federally enforceable. We are also announcing that on July 19, 2007, we updated the delegation of authority for the implementation and enforcement of the New Source Performance Standards to the State of South Dakota. These actions are being taken under sections 110 and 111 of the Clean Air Act. In the “Rules and Regulations” section of this **Federal Register** , EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. DATES: Written comments must be received on or before November 13, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-OAR-2007-0656, by one of the following methods: • *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • *E-mail: dygowski.laurel@epa.gov* and *ostrand.laurie@epa.gov.* • *Fax:*
(303)312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • *Mail:* Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. • *Hand Delivery:* Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules Section of this ** Federal Register ** for detailed instruction on how to submit comments. FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303)312-6144, *dygowski.laurel@epa.gov.* SUPPLEMENTARY INFORMATION: See the information provided in the Direct Final action of the same title which is located in the Rules and Regulations section of this **Federal Register** . Authority: 42 U.S.C. 7401 *et seq.* Dated: September 14, 2007. Kerrigan G. Clough, Acting Regional Administrator, Region 8. [FR Doc. E7-19832 Filed 10-10-07; 8:45 am] BILLING CODE 6560-50-P 72 196 Thursday, October 11, 2007 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request October 5, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Animal and Plant Health Inspection Service *Title:* Certificate for Poultry and Hatching Eggs for Export. *OMB Control Number:* 0579-0048. *Summary of Collection:* The export of agricultural commodities, including poultry and hatching eggs is a major business in the United States and contributes to a favorable balance of trade. As part of its mission to facilitate the export of U.S. poultry and poultry products, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services, maintains information regarding the import health requirements of other countries for poultry and hatching eggs exported from the U.S. Most countries require a certification that our poultry and hatching eggs are disease free. VS Form 17-6, Certificate for Poultry & Hatching Eggs for Export, is used to meet these requirements. *Need and Use of the Information:* APHIS will use VS form 17-6, to collect information on the quantity and type of poultry and hatching egg designated for export. The information is necessary to satisfy the import requirements of the receiving countries and to prevent unhealthy poultry or disease carrying hatching eggs from being exported from the United States, thereby protecting and encouraging trade with the United States and preventing the international dissemination of poultry diseases. If the certification was not provided, other countries would not accept poultry or hatching eggs from the United States. *Description of Respondents:* Business or other for-profit. *Number of Respondents:* 300. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 4,800. Animal and Plant Health Inspection Service *Title:* Pseudorabies. *OMB Control Number:* 0579-0070. *Summary of Collection:* Title 7 U.S.C. 8301, The Animal Health Protection Act, authorizes the Animal and Plant Health Inspection Service (APHIS), on behalf of the Secretary of Agriculture, to take such measures as deemed necessary to prevent the introduction or dissemination of any contagious infections or communicable disease of animals and/or live poultry from a foreign region into the United States or from one State to another. APHIS implements regulations that control and stop the escalating spread of pseudorabies, which is a herpes virus disease that affects many species of animal, but primarily swine. Regulating the interstate movement of swine requires the use of certain information gathering activities such as permits, certificates, and owner-shipper statements to ascertain the health status of the swine. *Need and Use of the Information:* The information collected is used by APHIS to monitor the health status of swine being moved, the number of swine being moved in a particular shipment, the shipment's point of origin, the shipment's destination, and the reason for the interstate movement. This information also provides APHIS officials with critical information concerning a shipment's history, which in turn enables APHIS to engage in swift, successful trace back investigations when infected swine are discovered. *Description of Respondents:* State, Local, or Tribal Government; Business or other for-profit. *Number of Respondents:* 100. *Frequency of Responses:* Recordkeeping; Reporting: On occasion. *Total Burden Hours:* 3,125. Animal and Plant Health Inspection Service *Title:* Importation of Horses, Ruminants, Swine, and Dogs; Inspection and Treatment for Screwworm. *OMB Control Number:* 0579-0165. *Summary of Collection:* Title 21 U.S.C. 117, Animal Industry Act of 2000, authorizes the Secretary to prevent, control, and eliminate domestic diseases such as brucellosis, as well as to take actions to prevent and to manage exotic diseases such as exotic Newcastle disease, screwworm, and other foreign diseases. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture is charged with disease prevention. This agency regulates the importation of animals and animal products into the U.S. to guard against the introduction of exotic animal diseases. The regulations under which APHIS conduct disease prevention activities are contained in Title 9, Chapter 1, Subchapter D, Parts 91 through 99. These regulations govern the importation of animals, birds and poultry, certain animal and poultry products, and animal germplasm. APHIS requires horses, ruminants, swine, and dogs imported into the United States from regions of the world where screwworm is known to exist to be inspected and, if necessary, treated for infestation with screwworm. Screwworm is a pest native to tropical areas of South America, the Indian subcontinent, Southeast Asia, tropical and sub-Saharan Africa, and the Arabian Peninsula that causes extensive damage to livestock and other warm-blooded animals. *Need and Use of the Information:* Horses, ruminants, swine, and dogs entering the United States from regions where screwworm is known to exist must be accompanied by a certificate, signed by a full-time salaried veterinary official of the exporting country, stating that these animals have been thoroughly examined, that they have been treated with ivermectin, that any visible wounds have been treated with camaphos, and the animals appear to be free of screwworm. This is necessary to prevent the introduction of screwworm into the United States. If the information were collected less frequently or not collected at all, it would significantly cripple APHIS ability to ensure that horses, ruminants, swine, and dogs imported into the United States are not carrying screwworm. Such a development would make a screwworm incursion much more likely, with economically damaging effects on the U.S. equine, cattle, and swine industries. *Description of Respondents:* State, Local or Tribal Government. *Number of Respondents:* 40. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 40. Animal and Plant Health Inspection Service *Title:* CSF—Importation of Pork and Pork Products and Live Swine from 4 Mexican States. *OMB Control Number:* 0579-0230. *Summary of Collection:* Title 21 U.S.C. 117, Animal Industry Act of 2000, authorizes the Secretary of Agriculture to take such measures as deemed proper to prevent the introduction or dissemination of any contagious or communicable disease of animals or live poultry from a foreign country into the United States or from one State to another. Disease prevention is the most effective method for maintaining a healthy animal population and enhancing the Animal and Plant Health Inspection Service (APHIS) ability to compete in the world market of animal and animal product trade. Veterinary Services, a division with APHIS is responsible for carry out this disease prevention mission. The agency regulates the importation of animals and animal products into the United States to guard against the introduction of exotic animal diseases such as classical swine fever. *Need and Use of the Information:* APHIS will collect information using a certificate issued by a salaried veterinary officer of the Government of Mexico. The certificate must identify both the exporting region and the region of origin as a region designated as free of classical swine fever at the time the swine, pork and pork products were in the region. If the information were not collected it would significantly cripple APHIS ability to ensure that swine, pork, and pork products from certain States within Mexico pose a minimal risk of introducing classical swine fever and other exotic animal diseases into the United States. *Description of Respondents:* Federal Government. *Number of Respondents:* 5. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 50. Animal and Plant Health Inspection Service *Title:* Animal Welfare; Transportation of Animals on International Carriers. *OMB Control Number:* 0579-0247. *Summary of Collection:* Under the Animal Welfare Act
(AWA)(U.S.C. 2131, *et seq.* ), the Secretary of Agriculture is authorized to promulgate standards and other requirements governing the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, and carriers and intermediate handlers. The Secretary has delegated the responsibility for administering the AWA to the Administrator of the Animal and Plant Health Inspection Service (APHIS). APHIS intends to begin applying the AWA regulations and standards for the human transportation of animals in commerce to all international carriers operating within the United States, its territories, possessions, or the District of Columbia. APHIS believes that animals being transported by international carriers should be afforded the same protection under the AWA as if domestic carriers were transporting them. *Need and Use of the Information:* APHIS will collect information using APHIS forms 7001, United States Interstate and International Certificate of Health Examination for Small Animals and 7011, Application for Registration. The information collected from the forms is necessary for carriers and intermediate handlers to properly care for and deliver the animals to destination in a speedy and humane manner. The information is also used in documenting instances of violations for possible legal action and for locating facilities or person who are evading regulations under the law. If the information were not collected, full enforcement of the AWA would be limited or totally ineffective. *Description of Respondents:* Individuals or households; Not-for-profit institutions. *Number of Respondents:* 20. *Frequency of Responses:* Recordkeeping; Reporting: On occasion. *Total Burden Hours:* 175. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E7-20090 Filed 10-10-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0092] Notice of Request for Extension of Approval of an Information Collection; Swine Health Protection AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Extension of approval of an information collection; comment request. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with the swine health protection program. DATES: We will consider all comments that we receive on or before December 10, 2007. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov* , select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2007-0092 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2007-0092, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0092. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: For information on the swine health protection program, contact Dr. David Pyburn, Senior Staff Veterinarian, Aquaculture, Swine, Equine and Poultry Programs, NCAHP, VS, APHIS, 210 Walnut Street Room 891, Des Moines, IA 50309;
(515)284-4122. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at
(301)734-7477. SUPPLEMENTARY INFORMATION: *Title:* Swine Health Protection. *OMB Number:* 0579-0065. *Type of Request:* Extension of approval of an information collection. *Abstract:* The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture regulates the importation and interstate movement of animals and animal products, and conducts various other activities to protect the health of our Nation's livestock and poultry. The Swine Health Protection Act prohibits the feeding of garbage to swine unless the garbage has been treated to kill disease organisms. Untreated garbage is one of the primary media through which numerous infectious and communicable diseases can be transmitted to swine. APHIS' regulations promulgated under the Swine Health Protection Act, which are located at 9 CFR part 166, require that, before garbage may be fed to swine, it must be treated at a facility holding a valid permit to treat the garbage and must be treated according to the regulations. APHIS requires certain information in order to license (issue a permit to) a facility to operate and in order to monitor the facility for compliance with the regulations. This information is collected from applications for a license to operate a garbage treatment facility, records of the destination and date of removal of all food waste or garbage from the treatment facility, and food waste reports. With this information, we are able to carefully monitor garbage treatment facilities to ensure that they are meeting our requirements. The information provided by these information collection activities is critical in preventing the interstate spread of various swine diseases and, therefore, plays a vital role in our swine health protection program. We are asking the Office of Management and Budget
(OMB)to approve our use of these information collection activities for an additional 3 years. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning this information collection. These comments will help us:
(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of our estimate of the burden of the information collection, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses. *Estimate of burden:* The public reporting burden for this collection of information is estimated to average 0.927559193 hours per response. *Respondents:* Owners/operators (licensees) of garbage treatment facilities, State animal health authorities, and herd owners. *Estimated annual number of respondents:* 1,916. *Estimated annual number of responses per respondent:* 5.929540709. *Estimated annual number of responses:* 11,361. *Estimated total annual burden on respondents:* 10,538 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 4th day of October 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-20046 Filed 10-10-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF COMMERCE International Trade Administration [A-412-822] Stainless Steel Bar From the United Kingdom: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: *Effective Dates:* October 11, 2007. SUMMARY: Swagelok Company (Swagelok), an interested party, filed a request for the Department to initiate a changed circumstances review of the antidumping duty order on stainless steel bar from the United Kingdom. Carpenter Technology Corp., Crucible Specialty Metals Division of Crucible Materials Corp., Electralloy Corp., North American Stainless, Universal Stainless & Alloy Products, Inc., and Valbruna Slater Stainless, Inc. (collectively the Domestic Industry) submitted a letter to the Department expressing a lack of interest in continuing to have the product in question subject to the antidumping duty order. The Domestic Industry also stated that it is a major domestic producer of stainless steel bar. Therefore, we are notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to imports of SAF 2507 grade stainless steel bar from the United Kingdom. Interested parties are invited to comment on these preliminary results. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-4929 or
(202)482-4007, respectively. SUPPLEMENTARY INFORMATION: Background On March 7, 2002, the Department published in the **Federal Register** an antidumping duty order on stainless steel bar from the United Kingdom. *See Antidumping Duty Order: Stainless Steel Bar from the United Kingdom,* 67 FR 10381 (March 7, 2002). On August 27, 2007, Swagelok, an interested party, requested that the Department initiate a changed circumstances review to exclude a certain stainless steel bar product (SAF 2507 grade bar) from the antidumping duty order on stainless steel bar from the United Kingdom. On September 18, 2007, the Domestic Industry submitted a letter affirming that the Domestic Industry does not object to the exclusion of the product identified in the August 27, 2007, request submitted by Swagelok for a changed circumstances review with respect to the antidumping duty order on stainless steel bar from the United Kingdom. On September 21, 2007, the petitioners submitted a statement affirming that they account for substantially all of the U.S. production of stainless steel bar, exceeding 85 percent of total domestic production. On September 25, 2007, Sandvik Bioline, a U.K. producer of stainless steel bar, provided a technical description of the stainless steel bar product Swagelok has requested to be excluded from the scope of the antidumping duty order. 1 1 Sandvik Bioline is the producer of the product which is the subject of Swagelok's changed circumstances review request. Scope of the Order For purposes of this order, the term “stainless steel bar” includes articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. Stainless steel bar includes cold-finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut length flat-rolled products ( *i.e.* , cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire ( *i.e.* , cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. The stainless steel bar subject to this order is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the *Harmonized Tariff Schedule of the United States* (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part At the request of Swagelok, and in accordance with sections 751(d)(1) and 751(b)(1) of the Act, and 19 CFR 351.216, the Department is initiating a changed circumstances review of the antidumping duty order on stainless steel bar from the United Kingdom to determine whether partial revocation of this order is warranted with respect to SAF 2507 grade stainless steel bar. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have no further interest in the order, in whole or in part. In addition, in the event that the Department determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results. In accordance with section 751(b) of the Act, and 19 CFR 351.222(g)(1)(i) and 351.221(c)(3), we are initiating this changed circumstances review and have determined that expedited action is warranted. We find that the petitioners' affirmative statement of no interest constitutes good cause for the conduct of this review. Additionally, our decision to expedite this review stems from the Domestic Industry's lack of interest in applying the antidumping duty order to the specific stainless steel bar product ( *i.e.* , SAF 2507 grade bar) covered by this request. Based on the expression of no interest by the petitioners and absent any objection by any other domestic interested parties, we have preliminarily determined that substantially all of the domestic producers of the like product have no interest in the continued application of the antidumping duty order on stainless steel bar to SAF 2507 grade bar. Therefore, we are notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to imports of SAF 2507 grade stainless steel bar from the United Kingdom. We intend to change the scope of the order with respect to excluded products to read as follows: Except as specified above, the scope does not include stainless steel semi-finished products, cut length flat-rolled products ( *i.e.* , cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire ( *i.e.* , cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. Also excluded from the scope of the order is grade SAF 2507 stainless steel bar. SAF 2507 is cold worked and finished Super Duplex stainless steel bar material in round and hexagonal form, conforming to UNS S32750, having elevated ultimate tensile strength in excess of 140Ksi minimum and a PRE (pitting resistant equivalent) value of 42.5 minimum, supplied in straight bar lengths. SAF 2507 grade stainless steel bar is currently classified under HTSUS subheadings 7222.20.00.45 and 7222.20.00.75. Public Comment Interested parties are invited to comment on these preliminary results. Written comments may be submitted no later than 14 days after the date of publication of these preliminary results. Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than 21 days after the date of publication. The Department will issue the final results of this changed circumstances review, which will include the results of its analysis raised in any such written comments, no later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary results. *See* 19 CFR 351.216(e). If final revocation occurs, we will instruct U.S. Customs and Border Protection to end the suspension of liquidation for the merchandise covered by the revocation on the effective date of the notice of revocation and to release any cash deposit or bond. *See* 19 CFR 351.222(g)(4). The current requirement for a cash deposit of estimated antidumping duties on all subject merchandise will continue unless and until it is modified pursuant to the final results of this changed circumstances review. This initiation and preliminary results of review are in accordance with section 751(b) of the Act and 19 CFR 351.216, 351.221, and 351.222. October 4, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-20065 Filed 10-10-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration A-570-890 Wooden Bedroom Furniture from the People's Republic of China: Extension of Time Limits for the Preliminary Results of the Antidumping Duty Administrative Review and New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. October 11, 2007. FOR FURTHER INFORMATION CONTACT: Paul Stolz, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-4474. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (“the Department”) published an antidumping duty order on wooden bedroom furniture (“WBF”) from the People's Republic of China (“PRC”) on January 4, 2005. *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture From the People's Republic of China* , 70 FR 329 (January 4, 2005). On March 7, 2007, the Department published in the **Federal Register** a notice of the initiation of the antidumping duty administrative review of WBF from the PRC and new shipper reviews for the period January 1, 2006 through December 31, 2006. *See Notice of Initiation of Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture From the People's Republic of China* , 72 FR 10159 (March 7, 2007) and *Wooden Bedroom Furniture from the People's Republic of China: Initiation of New Shipper Reviews* ,72 FR 10158 (March 7, 2007). On August 27, 2007, the Department aligned the deadlines and the time limits of the new shipper reviews of WBF with the 2006 administrative review of WBF. *See* Memorandum to the File from Gene Degnan, Case Analyst, through Wendy Frankel, Office Director, dated August 27, 2007. The preliminary results of these reviews are currently due no later than October 3, 2007. Extension of Time Limit of Preliminary Results. Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department to issue preliminary results within 245 days after the last day of the anniversary month of an order. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time period to a maximum of 365 days. Completion of the preliminary results of these reviews within the 245-day period is not practicable because the Department needs additional time to analyze information pertaining to the respondents' sales practices, factors of production, and corporate relationships, to evaluate certain issues raised by the petitioners, and to issue and review responses to supplemental questionnaires. Because it is not practicable to complete these reviews within the time specified under the Act, we are fully extending the time period for issuing the preliminary results of review to 365 days until January 31, 2008, in accordance with section 751(a)(3)(A) of the Act. The final results continue to be due 120 days after the publication of the preliminary results. This notice is published pursuant to sections 751(a) and 777(i) of the Act. Dated: October 1, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-20069 Filed 10-10-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review ACTION: Notice of Revocation of Export Trade Certificate of Review; Application No. 99-00003. SUMMARY: The Secretary of Commerce issued an Export Trade Certificate of Review to JV Export Trading Company, Inc. on November 23, 1999. Because this Certificate Holder has failed to file an annual report as required by law, the Secretary is revoking the certificate. This notice summarizes the notification letter sent to JV Export Trading Company, Inc. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, 202/482-5131. This is not a Toll-free number. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (“The Act”) (Pub. L. 97-290, 15 U.S.C. 4011-21) Authorizes the Secretary of Commerce to Issue Export Trade Certificates of Review. The Regulations Implementing Title III (“the Regulations”) are found at 15 CFR Part 325 (1999). Pursuant to this Authority, a Certificate of Review was issued on November 23, 1999 to JV Export Trading Company, Inc. A Certificate Holder is required by law to submit to the Secretary of Commerce Annual Reports that update financial and other information relating to business activities covered by its Certificate (Section 308 of the Act, 15 U.S.C. 4018, Section 325.14(a) of the Regulations, 15 CFR 325.14(a)). The Annual Report is due within 45 days after the Anniversary Date of the Issuance of the Certificate of Review (Sections 325.14(b) of the Regulations, 15 CFR 325.14(b)). Failure to submit a complete Annual Report may be the Basis for Revocation (Sections 325.10(a) and 325.14(c) of the Regulations, 15 CFR 325.10(a)(3) and 325.14(c)). On November 13, 2006, the Secretary of Commerce sent to JV Export Trading Company, Inc., a letter containing Annual Report questions stating that its annual report was due on January 7, 2007. A reminder was sent on July 16, 2007, with a due date of August 17, 2007. The Secretary has received no written response from JV Export Trading Company, Inc., to any of these letters. On August 27, 2007, and in accordance with Section 325.10(c)(1) of the Regulations, (15 CFR 325.10(c)(1)), the Secretary of Commerce sent a letter by Certified Mail to notify JV Export Trading Company, Inc., that the Secretary was formally initiating the process to revoke its Certificate for failure to file an annual report. The Secretary has received no response from JV Export Trading Company, Inc. Pursuant to Section 325.10(c)(2) of the Regulations (15 CFR 325.10(c)(2)), the Secretary considers the failure of JV Export Trading Company, Inc., to respond to be an admission of the statements contained in the notification letter. The Secretary has determined to revoke the Certificate issued to JV Export Trading Company, Inc., for its failure to file an annual report. The Secretary has sent a letter, dated October 4, 2007 to notify the JV Export Trading Company, Inc., of its final determination. The Revocation is effective thirty
(30)days from the date of publication of this notice (325.10(c)(4) of the Regulations, 15 CFR 325.10(c)). Any person aggrieved by this decision may appeal to an appropriate U.S. District Court within 30 days from the date of publication of this notice in the **Federal Register** (15 CFR 325.11 of the Regulations). October 4, 2007. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E7-20040 Filed 10-10-07; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RIN 0648-XD15] Marine Mammals; File No. 774-1847-02 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit amendment. SUMMARY: Notice is hereby given that NMFS Southwest Fisheries Science Center, Antarctic Marine Living Resources Program (Rennie Holt, Ph.D., Principal Investigator), 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued an amendment to scientific research Permit No. 774-1847-01. ADDRESSES: The amendment and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018. FOR FURTHER INFORMATION CONTACT: Kate Swails or Tammy Adams, (301)713-2289. SUPPLEMENTARY INFORMATION: On August 29, 2007 notice was published in the **Federal Register** (72 FR 49703) that an amendment of Permit No. 774-1847-01, issued March 20, 2007 (72 FR 13093) had been requested by the above-named organization. The requested amendment has been granted under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). Permit No. 774-1847-01 authorizes the permit holder to continue a long-term ecosystem monitoring program of pinniped species in the South Shetland Islands, Antarctica. The permit holder is authorized to take up to 710 Antarctic fur seals ( *Arctophalus gazell* ) and 20 leopard seals ( *Hydrurga leptonyx* ) annually. The animals are captured, measured, weighed, tagged, blood sampled, and have time-depth recorders, VHF transmitters, and platform terminal transmitters attached. A subset of fur seals are given an enema, have a tooth extracted, milk sampled, and are part of a doubly-labeled water study on energetics. A subset of leopard seals are blubber and muscle sampled. Annual research-related mortality of up to eight Antarctic fur seals (3 adults and 5 pups) and two leopard seals is also authorized. The amendment authorizes the permit holder to collect vibrissae from any adult/juvenile animal currently permitted for capture and to collect tissue samples and bleach mark 50 adult male Antarctic fur seals. Additional capture is not required to collect these samples. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: October 3, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-20098 Filed 10-5-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 07-35] 36(b)(1) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,
(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 07-35 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: October 3, 2007. L.M. Bynum, OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-M EN11OC07.000 EN11OC07.001 EN11OC07.002 EN11OC07.003 [FR Doc. 07-5015 Filed 10-10-07; 8:45 am]
Connectionstraces to 25
19 references not yet in our index
  • 31 CFR 800
  • Pub. L. 110-49
  • 50 USC 2170
  • 33 CFR 110
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 33 CFR 117
  • 40 CFR 52
  • Pub. L. 104-13
  • 21 USC 117
  • 9 CFR 166
  • Pub. L. 97-290
  • 15 USC 4011-21
  • 15 CFR 325
  • 50 CFR 216
  • Pub. L. 104-164
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