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Code · REGISTER · 2007-11-09 · U.S. Citizenship and Immigration Services, DHS · Notices

Notices. Notice

7,446 words·~34 min read·/register/2007/11/09/07-5597

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

BILLING CODE 4910-15-M DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2433-07; DHS Docket No. USCIS-2007-0059] RIN 1615-ZA63 Filing Location for H-2A Petitions AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. SUMMARY: This Notice announces that employers petitioning for temporary or seasonal agricultural workers coming to the United States under the H-2A nonimmigrant classification must file their petitions at U.S. Citizenship and Immigration Service's California Service Center.
Receiving all H-2A petitions at the designated California Service Center will enable U.S. Citizenship and Immigration Services to reduce overall petition processing times and better monitor the adjudication of H-2A petitions. DATES: This Notice is effective December 10, 2007. FOR FURTHER INFORMATION CONTACT: Hiroko Witherow, Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3000, Washington, DC 20529, telephone
(202)272-8410. SUPPLEMENTARY INFORMATION: I. Background The H-2A nonimmigrant classification applies to alien workers coming to the United States temporarily to perform agricultural labor or services of a temporary or seasonal nature. Immigration and Nationality Act
(INA)sec. 101(a)(15)(H)(ii)(a), 8 U.S.C. 1101(a)(15)(H)(ii)(a); *see* 8 CFR 214.1(a)(2) (H-2A classification designation). As part of the process to obtain H-2A nonimmigrant status, a U.S. employer must file Form I-129, “Petition for Nonimmigrant Worker,” on the workers” behalf. On October 17, 2007, U.S. Citizenship and Immigration Services (USCIS) announced that it was centralizing the processing of Forms I-129 filed under the H-2A nonimmigrant classification (hereinafter “H-2A petitions”) to its California Service Center (CSC). *See http://www.uscis.gov/files/pressrelease/H2AUpdate17Oct07.pdf.* USCIS also issued Form I-129 Supplemental Filing Instructions for filing H-2A petitions at the CSC. The October 17 announcement encouraged employers to begin filing H-2A petitions at the CSC address. Previously, employers were required to file H-2A petitions either with USCIS' California Service Center
(CSC)or Vermont Service Center (VSC), depending on the location of the temporary employment. *See* Form I-129 Instructions (Rev. 07/30/07), at pages 13 through 16. The change in filing location of H-2A petitions to the CSC was prompted by USCIS' establishment of a special unit at the California Service Center dedicated to process all H-2A petitions. USCIS believes that receiving all H-2A petitions at the designated CSC address will help speed the fee-receipt, data-entry, and adjudication processes. In so doing, USCIS will be able to reduce overall petition processing times and better monitor the adjudication of H-2A petitions. USCIS has been forwarding H-2A petitions to the CSC for processing if a different service center received the petitions. However, after December 10, 2007, USCIS will no longer continue to forward H-2A petitions filed at another service center. Instead, these petitions and accompanying fees will be returned to the petitioner for proper filing. II. H-2A Filing Address at the CSC Beginning on December 10, 2007, employers must file H-2A petitions at the following address in accordance with the Supplemental Filing Instructions to Form I-129: *For Direct Mail:* U. S. Citizenship and Immigration Services, California Service Center, ATTN: H-2A Processing Unit, P.O. Box 10140, Laguna Niguel, CA 92607-1040. *For non-United States Postal Service
(USPS)deliveries (e.g. private couriers):* U.S. Citizenship and Immigration Services, California Service Center, ATTN: H-2A Processing Unit, 24000 Avila Road, Room 2312, Laguna Niguel, CA 92677. An H-2A petition also can be electronically filed. Instructions for electronically filing Form I-129 for the H-2A classification is available on USCIS' Web site at *www.uscis.gov.* III. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109 Stat. 163 (1995), all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any reporting or recordkeeping requirements. Accordingly, the supplemental instructions for the Form I-129 were submitted and approved by OMB. The OMB Control Number for this information collection is 1615-0009. Dated: November 5, 2007. Emilio T. Gonzalez, Director, U.S. Citizenship and Immigration Services. [FR Doc. E7-21984 Filed 11-8-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Proposed Collection; Comment Request; Arrival and Departure Record: (Forms I-94 and I-94W) AGENCY: Customs and Border Protection (CBP), Department of Homeland Security. ACTION: 60-Day Notice and request for comments; Revision of an existing information collection: 1651-0111. SUMMARY: As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Arrival and Departure Record, Forms I-94 and I-94W. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)). DATES: Written comments should be received on or before January 8, 2008, to be assured of consideration. ADDRESSES: Direct all written comments to U.S. Customs and Border Protection, Information Services Group, *Attn.:* Tracey Denning, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to U.S. Customs and Border Protection, *Attn.:* Tracey Denning, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, Tel.
(202)344-1429. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)). The comments should address:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimates of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and
(e)estimates of capital or startup costs and costs of operations, maintenance, and purchase of services to provide information. The comments that are submitted will be summarized and included in the CBP request for Office of Management and Budget
(OMB)approval. All comments will become a matter of public record. In this document CBP is soliciting comments concerning the following information collection: *Title:* Arrival and Departure Record. *OMB Number:* 1651-0111. *Form Number:* I-94 and I-94W. *Abstract:* These forms are used to deliver to the CBP Officers at the port of arrival lists or manifests of persons on board arriving and departing vessels and aircrafts. These forms are completed by the master or commanding officer, or authorized agent, owner, or consignee of the vessel or aircraft. CBP proposes to revise this information collection by adding e-mail address and phone number to the I-94 and I-94W. *Current Actions:* This submission is being submitted to revise the current information collection. *Type of Review:* Revision. *Affected Public:* Individuals. *Estimated Number of Respondents:* 17,924,380. *Estimated Time Per Respondent:* 7 minutes. *Estimated Total Annual Burden Hours:* 2,079,228. *Estimated Total Annualized Cost on the Public:* $120,958,321. Dated: November 2, 2007. Tracey Denning, Agency Clearance Officer, Information Services Group. [FR Doc. E7-21968 Filed 11-8-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Proposed Collection; Comment Request; On-Line Allegation Submission AGENCY: Customs and Border Protection (CBP), Department of Homeland Security. ACTION: 60-Day Notice and request for comments; New collection of information. SUMMARY: As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the On-Line Allegation Submission. This request for comment is being made pursuant to the Paperwork Reduction Act (Public Law 104-13; 44 U.S.C. 3505(c)(2)). DATES: Written comments should be received on or before January 8, 2008, to be assured of consideration. ADDRESSES: Direct all written comments to U.S. Customs and Border Protection, Information Services Group, Room 3.2.C, 1300 Pennsylvania Avenue, NW., Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to U.S. Customs and Border Protection, Attn.: Tracey Denning, Rm. 3.2.C, 1300 Pennsylvania Avenue, NW., Washington, DC 20229, Tel.
(202)344-1429. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)). The comments should address:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimates of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operations, maintenance, and purchase of services to provide information. The comments that are submitted will be summarized and included in the CBP request for Office of Management and Budget
(OMB)approval. All comments will become a matter of public record. In this document CBP is soliciting comments concerning the following information collection: *Title:* On-Line Allegation Submission. *Form Number:* None. *Abstract:* CBP proposes to develop an On-line Allegation Submission Web site that will provide a means for concerned members of the trade community to confidentially report violations to CBP. *Current Actions:* This is being submitted to establish a new information collection. *Type of Review:* New information collection. *Affected Public:* Businesses, Individuals. *Estimated Number of Respondents:* 100. *Estimated Time Per Respondent:* 15 minutes. *Estimated Total Annual Burden Hours:* 25 hours. *Estimated Total Annualized Cost on the Public:* $750. Dated: November 2, 2007. Tracey Denning, Agency Clearance Officer, Information Services Branch. [FR Doc. E7-21998 Filed 11-8-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5125-N-45] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. DATES: *Effective Dates: November 9, 2007.* FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone
(202)708-1234; TTY number for the hearing- and speech-impaired
(202)708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in *National Coalition for the Homeless* v. *Veterans Administration,* No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. Dated: November 1, 2007. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. E7-21817 Filed 11-8-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species. DATES: Written data, comments or requests must be received by December 10, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* Weill Cornell Medical College, Department of Medicine, Division of International Medicine and Infectious Diseases, New York, NY, PRT-167268. The applicant requests a permit to import biological samples from pygmy chimpanzee ( *Pan paniscus* ) from the Leipzig Zoo, Leipzig, Germany for the purpose of scientific research. This notification covers activities conducted by the applicant for a five-year period. *Applicant:* Woodland Park Zoological Gardens, Seattle, WA, PRT-108484. The applicant requests a permit to import biological samples from one male captive Asian elephant ( *Elephas maximus* ) from Canada for the purpose of breeding and enhancement of the survival of the species. This notification covers activities conducted by the applicant for a five-year period. *Applicant:* Byron G. Sadler, Junction, TX, PRT-167088. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Cynthia L. Schroeder-Watson, Dallas, TX, PRT-166366. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Scott C. Grevey, Fairfield, OH, PRT-166995. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Dated: October 26, 2007. Lisa J. Lierheimer, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-22070 Filed 11-8-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Sporting Conservation Council AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of meeting. SUMMARY: This notice announces a meeting of the Sporting Conservation Council (Council). The meeting agenda includes an update on implementation of the Executive Order on hunting heritage and wildlife conservation; a discussion on the Healthy Lands Initiative; a report on elk management; and a report on the priorities of the Association of Fish and Wildlife Agencies' energy and wildlife policy committee. This meeting is open to the public, and will include a session for the public to comment. DATES: We will hold the meeting on December 3, 2007, from 8:30 a.m. to 5 p.m., and on December 4, 2007, from 8:30 a.m. to 5 p.m. From 3 p.m. to 4 p.m. on December 3, 2007, we will host a public comment session. ADDRESSES: On December 3 and 4, 2007, the meeting will be held in the Navajo/Hopi Room at the Homewood Suites, 9880 North Scottsdale Road, Scottsdale, AZ 85253. FOR FURTHER INFORMATION CONTACT: Phyllis T. Seitts, 9828 North 31st Avenue, Phoenix, AZ 85051-2517; 602-906-5603 (phone); or *Twinkle_Thompson-Seitts@blm.gov* (e-mail). SUPPLEMENTARY INFORMATION: The Secretary of the Interior established the Council in February 2006 (71 FR 11220, March 6, 2006). The Council's mission is to provide advice and guidance to the Federal Government through the Department of the Interior on how to increase public awareness of:
(1)The importance of wildlife resources,
(2)the social and economic benefits of recreational hunting, and
(3)wildlife conservation efforts that benefit recreational hunting and wildlife resources. The Secretary of the Interior and the Secretary of Agriculture signed an amended charter for the Council in June 2006 and July 2006, respectively. The revised charter states that the Council will provide advice and guidance to the Federal Government through the Department of the Interior and the Department of Agriculture. The Council will hold a meeting on the dates shown in the DATES section at the address shown in the ADDRESSES section. The meeting will include a session for the public to comment. Dated: October 24, 2007. Phyllis T. Seitts, Designated Federal Officer, Sporting Conservation Council. [FR Doc. E7-22015 Filed 11-8-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [F-14831-A, F-14831-A2; AK-964-1410-HY-P] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to The Kuskokwim Corporation, Successor in Interest to Aniak Limited. The lands are in the vicinity of Aniak, Alaska, and are located in: Seward Meridian, Alaska T. 15 N., R. 56 W., Secs. 3, 4, 5, 9, 10, 15, 16, and 22. Containing 4,446.30 acres. T. 16 N., R. 56 W., Secs. 19 and 30. Containing 1,209.76 acres. T. 16 N., R. 57 W., Secs. 3, 4, 5, 9, 10, 11, and 13. Containing 4,372.98 acres. Aggregating 10,029.04 acres. The subsurface estate in these lands will be conveyed to Calista Corporation when the surface estate is conveyed to The Kuskokwim Corporation. Notice of the decision will also be published four times in the Tundra Drums. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until December 10, 2007 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7599. FOR FURTHER INFORMATION, CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at *ak.blm.conveyance@ak.blm.gov.* Persons who use a telecommunication device
(TTD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Charles Lovely, Land Transfer Resolution Specialist, Branch of Adjudication II. [FR Doc. E7-22011 Filed 11-8-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UTU 85338] Notice of Proposed Land Transfer; Utah AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: The Department of Energy has filed an application requesting the Secretary of the Interior to permanently transfer 500 acres of public land to the Department of Energy
(DOE)to be used for the Crescent Junction Uranium Mill Tailings Repository. As a result of the transfer, except for oil and gas leasing, the land would no longer be subject to the general land laws, including the United States mining laws, other mineral or geothermal leasing, and mineral material sales. The Secretary of the Interior would retain jurisdiction of any prior existing claims, rights, and interests in this land. DATES: Comments must be received on or before February 7, 2008. ADDRESSES: Comments should be sent to the Moab Field Office Manager, Bureau of Land Management, 82 East Dogwood Avenue, Moab, Utah 84532. FOR FURTHER INFORMATION CONTACT: Mary von Koch, Realty Specialist, Moab Field Office at the above address, 435-259-2128. SUPPLEMENTARY INFORMATION: The DOE has filed an application with the Bureau of Land Management
(BLM)requesting transfer of the following described land to the DOE, subject to valid existing rights: Salt Lake Meridian T. 21 S., R. 19 E., Sec. 22, SE 1/4 SE 1/4 SW 1/4 ; NE 1/4 SW 1/4 SE 1/4 , S 1/2 SW 1/4 SE 1/4 , and SE 1/4 SE 1/4 ; Sec. 23, S 1/2 NE 1/4 SW 1/4 , S 1/2 NW 1/4 SW 1/4 , and S 1/2 SW 1/4 ; Sec. 26, N 1/2 NW 1/4 , N 1/2 SW 1/4 NW 1/4 , and NW 1/4 SE 1/4 NW 1/4 ; Sec. 27, N 1/2 NE 1/4 , SW 1/4 NE 1/4 , N 1/2 SE 1/4 NE 1/4 , SW 1/4 SE 1/4 NE 1/4 , E 1/2 NE 1/4 NW 1/4 , NE 1/4 , and E 1/2 SE 1/4 NW 1/4 The area described contains 500 acres in Grand County. The purpose of the proposed land transfer is to protect public health and safety by permanently transferring the land to the DOE to be used for the disposal of the Moab Mill Site uranium mill tailings. The land would become a United States Nuclear Regulatory Commission licensed disposal site for permanent custody and care of uranium byproduct materials. The Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7916 (2000)), as amended, designates the DOE as the custodial agency. The land proposed for transfer is located within a temporary withdrawal created by Public Land Order No. 7649 and is therefore currently closed to mining and mineral leasing. The oil and gas portion of the mineral estate would be reserved to the Secretary of the Interior. As a result of the transfer, except for oil and gas leasing, the land would no longer be subject to the general land laws, including the United States mining laws, other mineral or geothermal leasing, and mineral material sales. For a period of 90 days from the date of publication of this notice, all persons who wish to submit comments, suggestions, or objections in connection with the proposed action may present their views in writing to the BLM Moab Field Office Manager, at the address noted above. Comments, including names and street addresses of respondents, and records relating to the proposed land transfer will be available for public review during regular business hours at the BLM Moab Field Office at the address specified above. Individual respondents may request confidentiality. 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. Notice is hereby given that an opportunity for a public meeting is afforded in connection with the proposed land transfer. All interested persons who desire a public meeting for the purpose of being heard on the proposed transfer must submit a written request to the BLM Moab Field Office at the address indicated above within 90 days from the date of publication of this notice. If the authorized officer determines that a public meeting will be held, a notice of the time and place will be published in the **Federal Register** at least 30 days before the scheduled date of the meeting. There are no suitable alternatives. A right-of-way, interagency, or cooperative agreement would not permanently transfer the land to the DOE as directed by the Uranium Mill Tailings Radiation Control Act, and they would not adequately constrain nondiscretionary uses that could adversely affect public health and safety. Under the Uranium Mill Tailings Radiation Control Act, the DOE permanently acquires a disposal site for perpetual surveillance and maintenance. The Secretary of the Interior would retain the authority to administer any existing claims, rights, and interests in this land that were established before the effective date of the land transfer. Prior to selecting the Crescent Junction Uranium Mill Tailings Repository site, all potential sites within a reasonable vicinity of the Moab Mill Site were evaluated. In addition to site suitability studies, extensive opportunity for input was afforded to government agencies and the general public. This application will be processed in accordance with the regulations set forth in 43 CFR 2300. (Authority: 43 CFR 2310.3-1) Dated: November 2, 2007. Selma Sierra, State Director. [FR Doc. E7-22010 Filed 11-8-07; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-025-1220-PC; 8-08807] Notice of Proposed Supplementary Rules on Public Land in Nevada AGENCY: Bureau of Land Management, Interior. ACTION: Proposed supplementary rules for certain public lands managed by the Bureau of Land Management, Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area, associated congressionally-designated wilderness and other contiguous lands, in Humboldt, Pershing and Washoe counties, Nevada. SUMMARY: The Bureau of Land Management
(BLM)Winnemucca Field Office, Nevada, and Surprise Field Office, California, are proposing supplementary rules for the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area (NCA), associated designated wilderness, and other contiguous lands as identified in the Resource Management Plan
(RMP)and Record of Decision. The rules are needed in order to protect the area's natural and cultural resources and provide for public health and safety on public lands. These rules do not propose or implement any land use limitation or restrictions other than those limitations or restrictions included within the decisions in the RMP or allowed for by existing law or regulation. DATES: Comments on the proposed supplementary rules must be received or postmarked by December 10, 2007 to be assured consideration. In developing final supplementary rules, BLM need not consider comments postmarked or received in person or by electronic mail after this date. ADDRESSES: Bureau of Land Management, Winnemucca Field Office, Attn: Dave Cooper, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445-2921. *Internet e-mail:* *dave_cooper@nv.blm.gov.* FOR FURTHER INFORMATION CONTACT: Dave Cooper, NCA Manager, Winnemucca Field Office, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445-2921, telephone 775-623-1500. SUPPLEMENTARY INFORMATION: I. Procedures for Submitting Comments Comments on the proposed supplementary rules should be specific, should be confined to issues pertinent to the proposed supplementary rules and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposal addressed. Comments received after the close of the comment period (see DATES ) or delivered to an address other than those listed above (see ADDRESSES ) may not be considered or included in the administrative record for the final rule. 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. II. Background The Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area and associated wilderness was created by Congress on December 21, 2000 (Pub. L. 106-554). BLM has already completed substantial public participation and coordination during the development of the collaborative RMP for the NCA, associated wilderness, and other contiguous lands in Nevada. This public participation included the following: Eight scoping and collaborative planning workshops; five public comment meetings; ten Resource Advisory Council subgroup meetings; six meetings with the State of Nevada Black Rock Planning team; eight tribal consultation meetings with six different Indian tribes; and receipt and analysis of some 4,529 comments. Therefore, BLM is limiting the public comment period for these proposed supplementary rules to 30 days as a result of this extensive outreach. III. Discussion of Proposed Supplementary Rules These supplementary rules will apply to the public lands within the boundary of the planning area for the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area, associated wilderness, and other contiguous lands as set forth in the RMP. BLM has determined these rules to be necessary to protect the area's natural and cultural resources, to provide for public health and safety, reduce user conflict, enhance the experience of the visitor, and reduce the potential for damage to the environment. These rules do not propose or implement any land use limitations or restrictions other than those limitations or restrictions included within the decisions in the RMP or allowed for by existing law or regulation. Some of the proposed supplementary rules make reference to designated camping areas, routes and trails, management zones, etc. Those designations were developed as part of the collaborative resource management planning process for the NCA, and associated wilderness, and other contiguous lands in Nevada, which resulted in adoption of the plan in July 2004. A map showing the lands to which these proposed supplementary rules will apply, all lands within the planning area, can be found in the RMP at Section 1.3 and as shown at Map 1.1, or can be obtained at the address listed above. IV. Procedural Matters Executive Order 12866, Regulatory Planning and Review These proposed supplementary rules are not a significant regulatory action and are not subject to review by Office of Management and Budget under Executive Order 12866. These proposed supplementary rules will not have an annual effect of $100 million or more on the economy. They will not adversely affect in a material way the economy, productivity, competition, jobs, environment, public health or safety, or state, local, or tribal governments or communities. These proposed supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. These proposed supplementary rules do not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; nor do they raise novel legal or policy issues. They impose rules of conduct and impose other limitations on certain recreational activities within the NCA, associated wilderness, and other contiguous lands in Nevada to protect natural and cultural resources and human health and safety. Clarity of the Supplementary Rules Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. We invite your comments on how to make these proposed supplementary rules easier to understand, including answers to questions such as the following:
(1)Are the requirements in the proposed supplementary rules clearly stated?
(2)Do the proposed supplementary rules contain technical language or jargon that interferes with their clarity?
(3)Does the format of the proposed supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity?
(4)Would the supplementary rules be easier to understand if they were divided into more (but shorter) sections?
(5)Is the description of the proposed supplementary rules in the SUPPLEMENTARY INFORMATION section of this preamble helpful to your understanding of the proposed supplementary rules? How could this description be more helpful in making the proposed supplementary rules easier to understand? Please send any comments you have on the clarity of the supplementary rules to the address specified in the ADDRESSES section. National Environmental Policy Act BLM prepared an environmental impact statement as part of the development of the RMP. During that National Environmental Policy Act process, many proposed decisions were fully analyzed, including the rules that will be made enforceable by implementation of each of these supplemental rules. These rules were analyzed in Chapter 2, Alternatives, of the Proposed Resource Management Plan and Final Environmental Impact Statement for the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area
(NCA)and Associated Wilderness, and Other Contiguous Lands in Nevada published in September 2003. The Record of Decision for the RMP was signed by the BLM State Directors of Nevada and California on July 15, 2004. These supplementary rules provide for enforcement of plan decisions. The rationale for the decisions made in the plan is fully covered in the EIS. The EIS is available for review in the BLM administrative record at the address specified in the ADDRESSES section. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as amended, 5 U.S.C. 601-612, to ensure that government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. These proposed supplementary rules should have little or no economic effect on entities of whatever size. They would impose reasonable restrictions on certain recreational activities in the NCA, associated wilderness and contiguous lands to protect natural and cultural resources, the environment, and human health and safety. Therefore, BLM has determined under the RFA that these proposed supplementary rules do not require preparation of a regulatory flexibility analysis. Small Business Regulatory Enforcement Fairness Act (SBREFA) These proposed supplementary rules are not a “major rule” as defined at 5 U.S.C. 804(2). They would not result in an annual effect on the economy of $100 million or more, in a major increase in costs or prices, or in significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. They would merely impose reasonable restrictions on certain recreational activities in the NCA, associated wilderness and contiguous lands to protect natural and cultural resources, the environment, and human health and safety. Unfunded Mandates Reform Act These proposed supplementary rules do 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. The proposed supplementary rules also would not have a significant or unique effect on small governments. They would impose reasonable restrictions on certain recreational activities in the NCA, associated wilderness, and contiguous lands to protect natural and cultural resources, the environment and human health and safety. 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 proposed supplementary rules are not a government action capable of interfering with constitutionally protected property rights. The proposed supplementary rules would have no effect on private lands or property, other than property that is abandoned. Therefore, the BLM has determined that the rule would not cause a taking of private property or require preparation of a takings assessment under this Executive Order. Executive Order 13132, Federalism The proposed supplementary rules would 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 proposed supplementary rules would have little or no effect on state or local government. Therefore, in accordance with Executive Order 13132, BLM has determined that these proposed supplementary rules do not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, BLM determined that these proposed supplementary rules would not unduly burden the judicial system and that they meet the requirements of sections 3(a) and 3(b)(2) of the Order. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments: These supplementary rules provide for enforcement of decisions adopted in the Record of Decision and thoroughly analyzed in the EIS prepared for the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area associated wilderness, and other contiguous lands in Nevada. During preparation of the EIS, government-to-government consultation was conducted with the six tribal governments with interests in the affected area. None of these tribal governments expressed concerns regarding the decisions the proposed supplementary rules are designed to enforce. Therefore, in accordance with Executive Order 13175, BLM has found that these proposed supplementary rules do not include policies that have tribal implications. Paperwork Reduction Act These proposed supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. Proposed Supplementary Rules for the Black Rock Desert—High Rock Canyon Emigrant Trails National Conservation Area and Associated Wilderness, and Other Contiguous Lands in Nevada Under 43 CFR 8365.1-6, the Bureau of Land Management proposes to establish the following rules on all public lands within the RMP boundary as shown in the RMP at Section 1.3 and as shown at Map 1.1, RMP Reference Map. Section 1, Prohibited Acts/Rules 1. Unless otherwise prohibited, you may pull off designated roads and trails a maximum of 50 feet from the center of the road/trail for parking or camping if damage to vegetation will be minimal and new parallel roads will not be created. 2. You must not possess, destroy, deface, dig, or remove petrified wood, common invertebrate fossils, rocks or minerals without a permit in an area otherwise closed to collecting these resources. 3. You must not collect petrified wood, common invertebrate fossils, rocks or minerals with motorized equipment. 4. You must not collect more than 25 pounds per day plus one piece, with a maximum collection of 250 pounds per year, of petrified wood. Similar limits apply to each of the following: Common invertebrate fossils, rocks, and minerals. 5. You must not rock climb within the boundaries of the High Rock Canyon Area of Critical Environmental Concern (ACEC). 6. You must not camp with a vehicle anywhere other than in designated sites in the following areas: High Rock Canyon ACEC, the Lahontan Cutthroat Trout Area, Class A and B trail segments of the Emigrant Trails, Stevens Camp, Trego Hot Springs, Massacre Ranch and Mud Meadows areas, and the Front Country Management zone with the exception of the Black Rock Desert playa. 7. You must not build, maintain or use a campfire on the Black Rock Desert playa or adjacent dune areas without the use of a surface protecting device. 8. You must not camp outside designated sites within the Soldier Meadows ACEC. 9. You must not camp within 100 yards of a water hole in such a manner that wildlife or domestic stock will be denied access to such water hole, unless campsites are designated by BLM within this 100-yard area. 10. An authorization by the authorized officer, whether by permit or other written means to use public lands in the NCA, associated wilderness, and other contiguous lands, may contain reasonable restrictions necessary to preserve and protect public lands and their resources, and to minimize interference with and inconvenience to other visitors. You must follow the terms, conditions, and stipulations of your authorization. Section 2, Definitions Camping—Erecting a tent or a shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, or parking of a motor vehicle, motor home, or trailer for overnight occupancy. Common invertebrate fossil—Any fossilized marine life form without a spinal column, including snails, corals, diatoms, fusulinds, and clams. Designated site—Specific location identified by BLM for camping or other purposes. Designated roads and trails—Roads and trails open to motorized vehicle use and identified on a map of designated roads and trails that is maintained and available for public inspection at the Winnemucca Field Office, Winnemucca, Nevada and the Surprise Field Office, Cedarville, California. Designated roads and motorized trails are open to public use in accordance with such limits and restrictions as are or may be specified in the RMP or in future decisions implementing the RMP. However, any road or trail with any restrictive signing or physical barrier, including gates, posts, branches, or rocks intended to prevent use of the road or trail is not a designated motorized road or motorized trail. Management zone—The three administrative designations into which the NCA, associated wilderness, and contiguous lands have been divided for management purposes as depicted on the Visitor Use Management Zones Map (RMP, map 2-13). Each management zone has a unique set of objectives and management decisions as described below. Front country zone—A management zone encompassing those lands that are intended to be the focal point for visitation where visitor accommodations would be made to provide primary interpretation, overlooks, trails, and associated facilities necessary to highlight resources and features of the NCA. Rustic zone—Those lands that are intended to provide an undeveloped, primitive, and self-directed visitor experience while accommodating motorized and mechanized access on designated routes, and where facilities are rare and provided only where essential for resource protection. Wilderness zone—Those lands that are intended to provide an undeveloped, primitive, and self-directed visitor experience without motorized or mechanized access and where facilities are nonexistent. Motorized equipment—Any machine that uses or is activated by a motor, engine, or other non-living power source. Motorized vehicle—Any vehicle that is self-propelled by a non-living power source, including electric power, but not operated upon rails or upon water. Rock climbing—Ascending or descending a rock face using rope and devices such as pitons, bolts, chocks, camming devices, webbing, etc. Surface protecting device—A device to prevent campfires from coming into direct contact with the ground surface, such as an elevated platform, open grill, fire blanket, or fire pan. No scars should be visible after the fire has been extinguished. Vehicle—Every device in, upon, or by which a person or property is or may be transported or drawn on land, except devices used exclusively upon stationary rails or track. Vehicle camping—Parking of a motor vehicle, motor home, or trailer for the purpose of overnight occupancy within one-fourth mile of the parked vehicle, motor home, or trailer. Water hole—Any spring, seep, or other water source used by wildlife or domestic stock. Penalties Under section 303(a) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7 and 8365.1-6, violation of any of these supplementary rules on public lands within the boundaries established in the rules, may result in a trial before a United States Magistrate and may be punishable by a fine of no more than $1,000, or imprisonment for no more than 12 months, or both. Such violations may also be subject to the enhanced fines provided by 18 U.S.C. 3571(b)(5). Dated: July 2, 2007. Ron Wenker, BLM State Director, Nevada. Dated: July 16, 2007. Mike Pool, BLM State Director, California. Editorial Note: This document was received at the Office of the Federal Register on November 6, 2007. [FR Doc. E7-22001 Filed 11-8-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation California Bay-Delta Public Advisory Committee Public Meeting AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, the California Bay-Delta Public Advisory Committee (Committee) will meet on December 13, 2007. This meeting will be held jointly with the California Bay-Delta Authority. The agenda for the joint meeting will include discussions with State and Federal agency representatives on CALFED End of Stage 1 decisions and planning for Stage 2 actions for the CALFED Bay-Delta Program (Program); and approval of the 2007 Statement of Program Accomplishments and Progress, and the 2008 Program Plans. The meeting will also include reports from the Lead Scientist and the Independent Science Board, along with updates on Delta Vision, Delta Risk Management Strategy, Bay-Delta Conservation Plan, Program Performance and Tracking, Performance Measures, and an Environmental Justice Framework. DATES: The meeting will be held on Thursday, December 13, 2007, from 9 a.m. to 4 p.m. If reasonable accommodation is needed due to a disability, please contact Colleen Kirtlan at
(916)445-5511 or TDD
(800)735-2929 at least 1 week prior to the meeting. ADDRESSES: The meeting will be held at the Sacramento Convention Center, Room 202, located at 1400 J Street, Sacramento, California. FOR FURTHER INFORMATION CONTACT: Diane Buzzard, U.S. Bureau of Reclamation, at 916-978-5022 or Julie Alvis, California Bay-Delta Program, at 916-445-5511. SUPPLEMENTARY INFORMATION: The Committee was established to provide advice and recommendations to the Secretary of the Interior on implementation of the CALFED Bay-Delta Program. The Committee makes recommendations on annual priorities, integration of the eleven Program elements, and overall balancing of the four Program objectives of ecosystem restoration, water quality, levee system integrity, and water supply reliability. The Program is a consortium of State and Federal agencies with the mission to develop and implement a long-term comprehensive plan that will restore ecological health and improve water management for beneficial uses of the San Francisco/Sacramento and San Joaquin Bay Delta. Committee agendas and meeting materials will be available prior to all meetings on the California Bay-Delta Program Web site *http://Calwater.ca.gov* and at the meetings. These meetings are open to the public. Oral comments will be accepted from members of the public at each meeting and will be limited to 3-5 minutes. Authority: The Committee was established pursuant to the Department of the Interior's authority to implement the Water Supply, Reliability, and Environmental Improvement Act, Pub. L. 108-361; the Fish and Wildlife Coordination Act, 16 U.S.C. 661 et. seq.; the Endangered Species Act, 16 U.S.C. 1531 *et seq.* ; and the Reclamation Act of 1902, 43 U.S.C. 391 et. seq., and the acts amendatory thereof or supplementary thereto, all collectively referred to as the Federal Reclamation laws, and in particular, the Central Valley Project Improvement Act, 34 U.S.C. 3401. Dated: October 24, 2007. Diane A. Buzzard, Acting Special Projects Officer, Mid-Pacific Region, U.S. Bureau of Reclamation. [FR Doc. 07-5597 Filed 11-8-07; 8:45 am]
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