Agency Information Collection Activities; Proposed Revisions to a Currently Approved Information Collection; Request for Comments, 5684-5687 [E6-1398]
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hsrobinson on PROD1PC71 with NOTICES
5684
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
became Oregon State University in
1962. In 1975, Keith Chamberlain gifted
the cranium to the John B. Horner
Museum of the Oregon Country. The
Horner Museum closed in 1995.
Currently, cultural items from the
Horner Museum are referred to as the
Horner Collection, which is owned by,
and in the possession of, Oregon State
University. It is unknown whether the
human remains were removed by Mr.
Chamberlain. No known individuals
were identified. No associated funerary
objects are present.
The human remains have been
identified as Native American based on
the presence of cranial deformation and
museum records that identify the
human remains as a ‘‘flathead skull’’,
cranial deformation is consistent with
practices of the Chinook-speaking
groups and, to a lesser degree, by the
Sahaptin-speaking groups. The
Memaloose Islands were used during
the post-contact period by local Native
American peoples for the burial of their
dead. The Memaloose Islands are within
the traditional territory of Chinook- and
Sahaptin-speaking Indian groups
represented today by the Confederated
Tribes and Bands of the Yakama Indian
Nation, Washington, and the
Confederated Tribes of the Warm
Springs Reservation of Oregon. The
Confederated Tribes of the Warm
Springs Reservation of Oregon has
submitted a claim for the human
remains.
Officials of the Horner Collection,
Oregon State University have
determined that, pursuant to 25 U.S.C.
3001 (9–10), the human remains
described above represent the physical
remains of one individual of Native
American ancestry. Officials of the
Horner Collection, Oregon State
University have also determined that,
pursuant to 25 U.S.C. 3001 (2), there is
a relationship of shared group identity
that can be reasonably traced between
the Native American human remains
and the Confederated Tribes and Bands
of the Yakama Indian Nation,
Washington, and Confederated Tribes of
the Warm Springs Reservation of
Oregon.
Representatives of any other Indian
tribe that believes itself to be culturally
affiliated with the human remains
should contact Sabah Randhawa,
Executive Vice President and Provost,
President’s Office, Oregon State
University, 600 Kerr Administration
Building, Corvallis, OR 97331,
telephone (541) 737–8260, before March
6, 2006. Repatriation of the human
remains to the Confederated Tribes of
the Warm Springs Reservation of
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Oregon may proceed after that date if no
additional claimants come forward.
The Horner Collection, Oregon State
University is responsible for notifying
the Confederated Tribes and Bands of
the Yakama Nation, Washington, and
Confederated Tribes of the Warm
Springs Reservation of Oregon that this
notice has been published.
Dated: January 20, 2006.
C. Timothy McKeown,
Acting Manager, National NAGPRA Program.
[FR Doc. E6–1380 Filed 2–1–06; 8:45 am]
BILLING CODE 4312–50–S
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion:
Renton Historical Society and
Museum, Renton, WA
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
Notice is here given in accordance
with the Native American Graves
Protection and Repatriation Act
(NAGPRA), 25 U.S.C. 3003, of the
completion of an inventory of human
remains in the control of the Renton
Historical Society and Museum, Renton,
WA. The human remains were removed
from King County, WA.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003 (d)(3). The determinations
in this notice are the sole responsibility
of the museum, institution, or Federal
agency that has control of the human
remains. The National Park Service is
not responsible for the determinations
in this notice.
A detailed assessment of the human
remains was made by Renton Historical
Society and Museum professional staff
in consultations with representatives of
the Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington.
In the early 1900s, human remains
representing a minimum of one
individual were removed from an
unknown site on the beach of southern
Lake Washington, Renton, King County,
WA, by Carl Mattison, a local resident.
In 1978, the human remains were
donated to the Renton Historical Society
and Museum by Marilyn Calcaterra and
Judith Matson. No known individual
was identified. No associated funerary
objects are present.
Based on a cursory physical
examination of the human remains and
general knowledge of indigenous
habitation of the Lake Washington area
prior to colonization by Europeans, the
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human remains are presumed to
comprise the partial skeleton of an
individual of Native American ancestry.
According to museum records, the
donor speculated that a mass burial site,
similar to those used by Native
Americans, was within the general area
where the human remains were
unearthed. Moreover, Native Americans
have been known to populate the area
surrounding Lake Washington since
before contact. Descendants of the
original inhabitants are members of the
Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington,
and the Lake Washington area is within
their aboriginal territory.
Officials of the Renton Historical
Society and Museum have determined
that, pursuant to 25 U.S.C. 3001 (9–10),
the human remains described above
represent the physical remains of one
individual of Native American ancestry.
Officials of the Renton Historical
Society and Museum also have
determined that, pursuant to 25 U.S.C.
3001 (2), there is a relationship of
shared group identity that can be
reasonably traced between the Native
American human remains and the
Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington.
Representatives of any other Indian
tribe that believes itself to be culturally
affiliated with the human remains
should contact Laura Crawford, Acting
Collections Manager, Renton Historical
Museum, 235 Mill Avenue South,
Renton, WA 98055, telephone (425)
255–2330, before March 6, 2006.
Repatriation of the human remains to
the Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington
may proceed after that date if no
additional claimants come forward.
The Renton Historical Society and
Museum is responsible for notifying the
Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington
that this notice has been published.
Dated: January 20, 2006.
C. Timothy McKeown,
Acting Manager, National NAGPRA Program.
[FR Doc. E6–1378 Filed 2–1–06; 8:45 am]
BILLING CODE 4312–50–S
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Agency Information Collection
Activities; Proposed Revisions to a
Currently Approved Information
Collection; Request for Comments
AGENCY:
Bureau of Reclamation,
Interior.
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
Notice of revisions to a
currently approved information
collection form (OMB No. 1006–0003).
hsrobinson on PROD1PC71 with NOTICES
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the following
Information Collection Request (ICR)
has been forwarded to the Office of
Management and Budget (OMB) for
review and comment: The previouslyapproved Right-of-Use (ROU)
Application (Form 7–2540), 43 CFR part
429, OMB Control Number 1006–0003,
has been significantly modified,
shortened and made clearer for shortterm public uses of Reclamation land,
facilities, and water surfaces. The ICR
describes the nature of the information
collection and its expected cost and
burden.
DATES: All written comments must be
received on or before March 6, 2006.
ADDRESSES: You may send comments
regarding the burden estimate, or any
other aspect of the information
collection, including suggestions for
reducing the burden, to the Desk Officer
for the Department of the Interior at the
Office of Management and Budget,
Office of Information and Regulatory
Affairs, via facsimile to (202) 395–6566,
or e-mail to
OIRA_DOCKET@omb.eop.gov. A copy
of your comments should also be
directed to the Bureau of Reclamation,
Attention: D–5300, P.O. Box 25007,
Denver, CO 80225–0007.
FOR FURTHER INFORMATION CONTACT: For
further information or a copy of the
proposed ROU Application Form 7–
7540 contact Marian Mather, D–5300,
P.O. Box 25007, Denver, CO 80225–
0007; or by telephone: (303) 445–2895.
SUPPLEMENTARY INFORMATION: In
response to public comments to the
Federal Register (FR) notice 70 FR
43181 (July 26, 2005) relating to the
complexity of the currently-approved
ROU application form, Reclamation has
significantly modified, shortened, and
made clearer the ROU Application Form
7–2540 to address short-term public
requests to use Reclamation land,
facilities, and water surfaces. The public
comments were instructive to
Reclamation by pointing out that, for
example, the types of information
needed from a boating regatta organizer
would differ significantly from that
needed from a construction company
requesting a right-of-way for placement
of a fiber optics cable. In the latter case,
Reclamation will begin using the
Standard Form 299 (SF 299),
Application for Transportation and
Utility Systems and Facilities on
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Federal Lands. The SF 299 requires
more in-depth information from those
individuals requesting approval to place
and construct such infrastructure as
transmission lines, telecommunications
towers, or natural gas pipelines, or for
other long-term uses such as grazing and
farming. The use of this form is in
compliance with the Presidential
Memorandum, subject: Improving
Rights of-Way Management Across
Federal Lands to Spur Broadband
Deployment, dated March 26, 2004.
Requesting the more detailed
information from an organizer of a
short-term event would be inappropriate
and not be useful to Reclamation in
determining whether to grant the
request. Thus the decision was made,
after publishing of the July 2005 FR
notice relating to the renewal of a single
ROU form, to significantly modify the
Form 7–2540 so that appropriate
information was requested from shortterm ROU applicants.
Title: Bureau of Reclamation Right-ofUse Application, 43 CFR 429.
Abstract: Reclamation is responsible
for approximately 8 million acres of
land which directly support
Reclamation’s Federal water projects in
the 17 western states. Individuals or
entities wanting to use Reclamation’s
lands, facilities, and water surfaces must
submit an application to gain
permission for such uses based on the
type of use for either long-term or shortterm activities. Examples of short-term
activities are recreation and sporting
events, and commercial filming and
photography. Reclamation will review
and evaluate these ROU applications
and determine whether the granting of
the requested use is compatible with
Reclamation’s present or future uses of
the water and related project lands,
facilities, or water surfaces.
Frequency: Each time a short-term
right-of-use is requested.
Respondents: Individuals,
corporations, companies, and State and
local entities that want to use
Reclamation lands, facilities, or water
surfaces.
Estimated Annual Total Number of
Respondents: 175.
Estimated Number of Responses per
Respondent: 1.0.
Estimated Total Number of Annual
Responses: 175.
Estimated Total Annual Burden on
Respondents: 350 hours.
Estimated Completion Time Per
Respondent: 2 hours.
Non-hour Cost Burden: Processing fee
of $200 per ROU Application.
Public Comments: Notice was given in
the Federal Register on July 26, 2005
(70 FR 43181, July 26, 2005) to solicit
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public comments on Form 7–2540,
which was reworked in preparation for
public comment. Four individuals
commented on this form and all
comments were from an organized
recreation activity perspective from the
area of the New Melones Reservoir in
Reclamation’s Central Valley Project.
The following are the paraphrased
public comments and Reclamation’s
responses:
Comment 1: All individuals who
commented were specifically critical of
charging a $200 application fee claiming
that the application fee is ‘‘outrageous
and not economically feasible’’ and will
force special events to take their
activities elsewhere. Also, there were
three comments which stated, in effect,
that there is no ‘‘set rate’’ for the
charging of (rental) fees and it appears
as if Reclamation can [arbitrarily]
determine such charges.
Response: It is important to
understand that the application fee and
the value of the right of use (i.e., rental
fee) are not established by this form.
This form only states what fees are
required according to the existing 1983
regulation, 43 CFR part 429, specifically
§ 429.6(b) for the application fee
(referred to as initial deposit fee) and
section 429.6(f) for rental charges. The
application fee must equal
Reclamation’s costs of administering the
resultant ROU authorizations, as
required by 31 U.S.C. 9701 and OMB
Circular A–25. As with any applicable
regulation, Reclamation does not have
the latitude to arbitrarily waive the
application fee as it is required by this
regulation.
Comment 2: The form is complicated,
lengthy, and difficult to fill out and
understand.
Response: Reclamation agrees that the
form was too difficult, lengthy, and
complicated for short-term recreational
uses envisioned by the commenters.
This comment became the impetus
behind Reclamation’s decision to
completely revise the ROU form
referenced in the FR Notice. The reason
for the complete revision was that the
Form 7–2540 cited in the FR Notice was
really geared more for longer term uses,
such as broadband deployment
activities, pipeline placement and
construction, and grazing or farming
leases. In addition, Reclamation became
aware of the recent requirement for all
bureaus to use the SF 299 instead of
other forms for such activities. Thus, the
issue of what form should be used to
collect information for long term uses
was resolved with the decision to use
the SF 299.
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hsrobinson on PROD1PC71 with NOTICES
5686
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
As a result of the public comments,
Reclamation’s Form 7–2540 was revised
to target shorter term uses such as
special recreation events, organized
gatherings for special events, sporting
events, and commercial filming. The
resulting proposed short-term ROU
Application Form 7–2540 is a
significantly simpler, one-page form
with an additional page of instructions,
which should provide ease of
understanding and facilitate completion
for individuals requesting such uses of
Reclamation’s lands, facilities, and
water surfaces.
Comment 3: Two hours to complete
the form is unacceptable.
Response: Trying to keep both shortand long-term uses under Reclamation’s
previously approved Form 7–2540
caused confusion and Reclamation
agrees with the commenters that it did
make the form appear more onerous and
lengthy to fill out. To facilitate
completion of the revised ROU
Application Form 7–2540 for short-term
uses, it will be made available on the
Internet where it can be downloaded
and filled out on a personal computer or
printed out for manual completion. The
hours spent by the applicants to
complete the application should not
exceed 2 hours on average, depending
upon the type of backup materials
needed.
Comment 4: Fishing tournaments and
boat regattas are not in the same
category as construction of transmission
lines.
Response: Reclamation agrees with
this comment. In response, Reclamation
has completely revised the previous
Form 7–2540 to meet the needs of shortterm users, such as those requesting
permission to hold special events, like
fishing tournaments and boating
regattas.
Comment 5: There is no set size of
event which triggers the use of the
application.
Response: The size of the event does
not matter as to whether a ROU
Application Form 7–2540 is required.
Section 43 CFR 429.6 requires that ‘‘The
applicant for a right-of-use over land or
estate in land, in the custody and
control of Reclamation, must make
application to the * * * affected
[Reclamation] field office. * * *’’ In
contrast, the ROU Application Form 7–
2540 does not need to be completed for
day-to-day individual use of
Reclamation’s land, facilities, or water
surfaces as long as those uses do not
exclusively limit other users from
enjoying the same area and do not
interfere with or threaten project
operations.
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Comment 6: There is no time limit for
returning any remaining deposit of
application fee.
Response: The comment is a
reasonable concern. The new, proposed
ROU Application Form 7–2540 has now
been modified to include a statement
that a refund of any unused initial
deposit fee will be completed within 30
days, provided that proper banking
information for electronic funds transfer
has been provided in a timely manner
so as to facilitate such refund. Should
their ROU request be denied, contact
will be made with the applicant to
gather banking information necessary to
process their refund. Upon receipt of
this information, the refund of any
unused initial deposit fee will then be
completed within 30 days.
Comment 7: One individual
commented that Reclamation may ask
for a ‘‘deposit fee of $200, and then says
it may refund a part of that, or ask for
more, after they decide how much the
value of the right-of-use is, based on an
appraisal.’’ (emphasis added)
Response: As discussed in detail in
Reclamation’s responses to comment 1
above, there are two fees or charges
associated with an approved ROU
Application Form 7–2540. Both the fee
and rental charges are authorized and
required by 43 CFR part 429. The first
fee is referred to as an initial application
fee (please refer to Reclamation’s
response to comment 6 above with
regard to the conditions associated with
a refund of an application fee).
Reclamation may ask for additional
monies for the initial application fee
ONLY if the administrative costs of
actually getting to the point of
approving the application exceeds the
initial $200 application fee. The
commenter is incorrect to assume that
asking the applicant for more money to
cover Reclamation’s administrative
costs is ‘‘based on an appraisal’’ of the
ROU; rather, it is based only on
Reclamation’s estimated costs of
approving the applicant’s request.
The second required charge is the cost
to the applicant for the rental charge or
value of the authorized ROU. This
rental charge is based on an appraisal
or other acceptable means of
establishing the value of permitting the
applicant to use Federal lands or water
surfaces (see 43 CFR 429.3).
Comment 8: House Rule (H.R.) 4818
states that 80 percent of the use fees
must be spent on much-needed
improvements at a local level. We are
concerned with how Reclamation will
decide the fees, and who will make the
decision.
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Response: The renewal of the ROU
application at issue here has nothing to
do with H.R. 4818. The initial
application fees cover Reclamation’s
costs of reviewing and granting the
ROU. The monies collected from the
rental charges are credited in
accordance with existing Federal
reclamation law and are statutorily not
available for direct improvements at the
local level. Again, these application fees
and rental charges are authorized by an
existing regulation 43 CFR part 429 and
are independent of and not affected by
H.R. 4818.
Comment 9: One comment requested
a 90-day extension to solicit additional
comments.
Response: This suggestion cannot be
accommodated. However, the public is
given an additional 30 days to respond
to this second FR Notice. Individuals
wishing to comment will direct their
comments directly to the OMB at the
address provided in this notice.
Individuals should request a copy of the
ROU Application Form 7–2540 from the
Reclamation staff listed in this notice.
Public comments are invited on the
modified ROU Application Form 7–
2540 as to:
(a) Whether the proposed information
collection is necessary for the proper
performance of Reclamation’s functions
to manage and operate Federal water
projects and their associated lands,
facilities, and water surfaces, including
whether the information will have
practical use;
(b) The accuracy of the burden
estimate for the proposed collection of
information, including the validity of
the methodology and assumptions used;
(c) Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
(d) Ways to minimize the burden of
the information collection on
respondents, including the use of
appropriate automated, electronic,
mechanical, or other forms of
information technology.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. Reclamation will
display a valid OMB control number on
the ROU Application Form 7–2540.
OMB has up to 60 days to approve or
disapprove this information collection,
but may respond after 30 days;
therefore, public comment should be
submitted to OMB within 30 days in
order to assure maximum consideration.
Department of the Interior’s practice
is to make comments, including names
and home addresses of respondents,
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
available for public review. Individual
respondents may request that we
withhold their home address from
public disclosure, which we will honor
to the extent allowable by law. There
also may be circumstances in which we
would withhold a respondent’s identity
from public disclosure, as allowable by
law. If you wish us to withhold your
name and/or address, you must state
this prominently at the beginning of
your comment. We will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public disclosure in their entirety.
Dated: January 25, 2006.
Roseann Gonzales,
Director, Office of Program and Policy
Services, Denver Office.
[FR Doc. E6–1398 Filed 2–1–06; 8:45 am]
BILLING CODE 4310–MN–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. NAFTA–103–13]
Woven Cotton Boxer Shorts: Probable
Effect of Modification of NAFTA Rules
of Origin for Goods of Canada and
Mexico
United States International
Trade Commission.
ACTION: Institution of investigation and
request for written submissions.
AGENCY:
hsrobinson on PROD1PC71 with NOTICES
DATES: Effective Date: January 27, 2006.
SUMMARY: Following receipt of a request
on January 4, 2006 from the United
States Trade Representative (USTR)
under authority delegated by the
President and pursuant to section 103 of
the North American Free Trade
Agreement (NAFTA) Implementation
Act (19 U.S.C. 3313), the Commission
instituted investigation No. NAFTA–
103–13, Woven Cotton Boxer Shorts:
Probable Effect of Modification of
NAFTA Rules of Origin for Goods of
Canada and Mexico.
FOR FURTHER INFORMATION CONTACT:
Information may be obtained from Laura
V. Rodriguez, Office of Industries (202–
205–3499, laura.rodriguez@usitc.gov);
for information on legal aspects, contact
William Gearhart of the Office of the
General Counsel (202–205–3091,
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of Public Affairs (202–205–1819,
margaret.olaughlin@usitc.gov).
Background: Annex 300–B, Chapter 4,
and Annex 401 of the NAFTA contain
the rules of origin for textiles and
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apparel for application of the tariff
provisions of the NAFTA. These rules
are set forth for the United States in
general note 12 to the Harmonized Tariff
Schedule (HTS). According to the USTR
request letter, U.S. negotiators have
recently reached agreement in principle
with representatives of the Governments
of Canada and Mexico to modify the
NAFTA rule of origin for woven cotton
boxer shorts classified in HTS
subheading 6207.1000 and made from
cotton woven fabrics of HTS
subheadings 5210.1160, 5210.5160,
5210.4180, 5210.4160, 5210.5140,
5208.4240, 5208.4140, 5208.5230, and
5208.5140. These changes are the result
of determinations that North American
producers are not able to produce
certain fabrics in commercial quantities
in a timely manner. If implemented, the
proposed rule of origin would apply to
U.S. imports from and exports to the
NAFTA parties. Section 202(q) of the
North American Free Trade Agreement
Implementation Act (the Act) authorizes
the President, subject to the
consultation and layover requirements
of section 103 of the Act, to proclaim
such modifications to the rules of origin
as are necessary to implement an
agreement with one or more of the
NAFTA countries pursuant to paragraph
2 of section 7 of Annex 300–B of the
Agreement. One of the requirements set
out in section 103 of the Act is that the
President obtain advice from the United
States International Trade Commission.
In his letter, the USTR requested that
the Commission provide advice on the
probable effect of the proposed
modification of the NAFTA rule of
origin for woven cotton boxer shorts (as
described above) on U.S. trade under
the NAFTA, on total U.S. trade, and on
domestic producers of the affected
articles. As requested, the Commission
will submit its advice to the USTR by
April 3, 2006 and soon thereafter, issue
a public version of the report with any
confidential business information
deleted. Additional information
concerning the articles and the
proposed modifications can be obtained
by accessing the electronic version of
this notice at the Commission Internet
site (https://www.usitc.gov). The current
NAFTA rules of origin applicable to
U.S. imports can be found in general
note 12 of the 2006 HTS (see ‘‘General
Notes’’ link at https://www.usitc.gov/
tata/hts/bychapter/index.htm).
Written Submissions: No public
hearing is planned. However, interested
parties are invited to submit written
statements concerning the matters to be
addressed by the Commission in this
investigation. Submissions should be
addressed to the Secretary, United
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5687
States International Trade Commission,
500 E Street, SW., Washington, DC
20436. To be assured of consideration
by the Commission, written statements
related to the Commission’s reports
should be submitted to the Commission
at the earliest practical date and should
be received no later than the close of
business on February 20, 2006. All
written submissions must conform with
the provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8
of the rules requires that a signed
original (or copy designated as an
original) and fourteen (14) copies of
each document be filed. In the event
that confidential treatment of the
document is requested, at least four (4)
additional copies must be filed, in
which the confidential business
information must be deleted (see the
following paragraph for further
information regarding confidential
business information). The
Commission’s rules do not authorize
filing submissions with the Secretary by
facsimile or electronic means, except to
the extent permitted by section 201.8 of
the rules (see Handbook for Electronic
Filing Procedures, https://
hotdocs.usitc.gov/pubs/
handbook_on_electronic_filing.pdf.
Any submissions that contain
confidential business information (CBI)
must also conform with the
requirements of section 201.6 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.6). Section 201.6
of the rules requires that the cover of the
document and the individual pages be
clearly marked as to whether they are
the ‘‘confidential’’ or ‘‘nonconfidential’’
version, and that the CBI be clearly
identified by means of brackets. All
written submissions, except for CBI,
will be made available in the Office of
the Secretary to the Commission for
inspection by interested parties.
The Commission may include some or
all of the CBI it receives in the report it
sends to the President. However, the
Commission will not publish CBI in the
public version of the report in a manner
that would reveal the operations of the
firm supplying the information. The
public version will be made available to
the public on the Commission’s Internet
site (https://www.usitc.gov).
The public record for this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
https://edis.usitc.gov. Hearing impaired
individuals may obtain information on
this matter by contacting the
Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
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02FEN1
]]>Agencies
[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5684-5687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1398]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Agency Information Collection Activities; Proposed Revisions to a
Currently Approved Information Collection; Request for Comments
AGENCY: Bureau of Reclamation, Interior.
[[Page 5685]]
ACTION: Notice of revisions to a currently approved information
collection form (OMB No. 1006-0003).
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the following
Information Collection Request (ICR) has been forwarded to the Office
of Management and Budget (OMB) for review and comment: The previously-
approved Right-of-Use (ROU) Application (Form 7-2540), 43 CFR part 429,
OMB Control Number 1006-0003, has been significantly modified,
shortened and made clearer for short-term public uses of Reclamation
land, facilities, and water surfaces. The ICR describes the nature of
the information collection and its expected cost and burden.
DATES: All written comments must be received on or before March 6,
2006.
ADDRESSES: You may send comments regarding the burden estimate, or any
other aspect of the information collection, including suggestions for
reducing the burden, to the Desk Officer for the Department of the
Interior at the Office of Management and Budget, Office of Information
and Regulatory Affairs, via facsimile to (202) 395-6566, or e-mail to
OIRA--DOCKET@omb.eop.gov. A copy of your comments should also be
directed to the Bureau of Reclamation, Attention: D-5300, P.O. Box
25007, Denver, CO 80225-0007.
FOR FURTHER INFORMATION CONTACT: For further information or a copy of
the proposed ROU Application Form 7-7540 contact Marian Mather, D-5300,
P.O. Box 25007, Denver, CO 80225-0007; or by telephone: (303) 445-2895.
SUPPLEMENTARY INFORMATION: In response to public comments to the
Federal Register (FR) notice 70 FR 43181 (July 26, 2005) relating to
the complexity of the currently-approved ROU application form,
Reclamation has significantly modified, shortened, and made clearer the
ROU Application Form 7-2540 to address short-term public requests to
use Reclamation land, facilities, and water surfaces. The public
comments were instructive to Reclamation by pointing out that, for
example, the types of information needed from a boating regatta
organizer would differ significantly from that needed from a
construction company requesting a right-of-way for placement of a fiber
optics cable. In the latter case, Reclamation will begin using the
Standard Form 299 (SF 299), Application for Transportation and Utility
Systems and Facilities on Federal Lands. The SF 299 requires more in-
depth information from those individuals requesting approval to place
and construct such infrastructure as transmission lines,
telecommunications towers, or natural gas pipelines, or for other long-
term uses such as grazing and farming. The use of this form is in
compliance with the Presidential Memorandum, subject: Improving Rights
of-Way Management Across Federal Lands to Spur Broadband Deployment,
dated March 26, 2004. Requesting the more detailed information from an
organizer of a short-term event would be inappropriate and not be
useful to Reclamation in determining whether to grant the request. Thus
the decision was made, after publishing of the July 2005 FR notice
relating to the renewal of a single ROU form, to significantly modify
the Form 7-2540 so that appropriate information was requested from
short-term ROU applicants.
Title: Bureau of Reclamation Right-of-Use Application, 43 CFR 429.
Abstract: Reclamation is responsible for approximately 8 million
acres of land which directly support Reclamation's Federal water
projects in the 17 western states. Individuals or entities wanting to
use Reclamation's lands, facilities, and water surfaces must submit an
application to gain permission for such uses based on the type of use
for either long-term or short-term activities. Examples of short-term
activities are recreation and sporting events, and commercial filming
and photography. Reclamation will review and evaluate these ROU
applications and determine whether the granting of the requested use is
compatible with Reclamation's present or future uses of the water and
related project lands, facilities, or water surfaces.
Frequency: Each time a short-term right-of-use is requested.
Respondents: Individuals, corporations, companies, and State and
local entities that want to use Reclamation lands, facilities, or water
surfaces.
Estimated Annual Total Number of Respondents: 175.
Estimated Number of Responses per Respondent: 1.0.
Estimated Total Number of Annual Responses: 175.
Estimated Total Annual Burden on Respondents: 350 hours.
Estimated Completion Time Per Respondent: 2 hours.
Non-hour Cost Burden: Processing fee of $200 per ROU Application.
Public Comments: Notice was given in the Federal Register on July
26, 2005 (70 FR 43181, July 26, 2005) to solicit public comments on
Form 7-2540, which was reworked in preparation for public comment. Four
individuals commented on this form and all comments were from an
organized recreation activity perspective from the area of the New
Melones Reservoir in Reclamation's Central Valley Project. The
following are the paraphrased public comments and Reclamation's
responses:
Comment 1: All individuals who commented were specifically critical
of charging a $200 application fee claiming that the application fee is
``outrageous and not economically feasible'' and will force special
events to take their activities elsewhere. Also, there were three
comments which stated, in effect, that there is no ``set rate'' for the
charging of (rental) fees and it appears as if Reclamation can
[arbitrarily] determine such charges.
Response: It is important to understand that the application fee
and the value of the right of use (i.e., rental fee) are not
established by this form. This form only states what fees are required
according to the existing 1983 regulation, 43 CFR part 429,
specifically Sec. 429.6(b) for the application fee (referred to as
initial deposit fee) and section 429.6(f) for rental charges. The
application fee must equal Reclamation's costs of administering the
resultant ROU authorizations, as required by 31 U.S.C. 9701 and OMB
Circular A-25. As with any applicable regulation, Reclamation does not
have the latitude to arbitrarily waive the application fee as it is
required by this regulation.
Comment 2: The form is complicated, lengthy, and difficult to fill
out and understand.
Response: Reclamation agrees that the form was too difficult,
lengthy, and complicated for short-term recreational uses envisioned by
the commenters. This comment became the impetus behind Reclamation's
decision to completely revise the ROU form referenced in the FR Notice.
The reason for the complete revision was that the Form 7-2540 cited in
the FR Notice was really geared more for longer term uses, such as
broadband deployment activities, pipeline placement and construction,
and grazing or farming leases. In addition, Reclamation became aware of
the recent requirement for all bureaus to use the SF 299 instead of
other forms for such activities. Thus, the issue of what form should be
used to collect information for long term uses was resolved with the
decision to use the SF 299.
[[Page 5686]]
As a result of the public comments, Reclamation's Form 7-2540 was
revised to target shorter term uses such as special recreation events,
organized gatherings for special events, sporting events, and
commercial filming. The resulting proposed short-term ROU Application
Form 7-2540 is a significantly simpler, one-page form with an
additional page of instructions, which should provide ease of
understanding and facilitate completion for individuals requesting such
uses of Reclamation's lands, facilities, and water surfaces.
Comment 3: Two hours to complete the form is unacceptable.
Response: Trying to keep both short- and long-term uses under
Reclamation's previously approved Form 7-2540 caused confusion and
Reclamation agrees with the commenters that it did make the form appear
more onerous and lengthy to fill out. To facilitate completion of the
revised ROU Application Form 7-2540 for short-term uses, it will be
made available on the Internet where it can be downloaded and filled
out on a personal computer or printed out for manual completion. The
hours spent by the applicants to complete the application should not
exceed 2 hours on average, depending upon the type of backup materials
needed.
Comment 4: Fishing tournaments and boat regattas are not in the
same category as construction of transmission lines.
Response: Reclamation agrees with this comment. In response,
Reclamation has completely revised the previous Form 7-2540 to meet the
needs of short-term users, such as those requesting permission to hold
special events, like fishing tournaments and boating regattas.
Comment 5: There is no set size of event which triggers the use of
the application.
Response: The size of the event does not matter as to whether a ROU
Application Form 7-2540 is required. Section 43 CFR 429.6 requires that
``The applicant for a right-of-use over land or estate in land, in the
custody and control of Reclamation, must make application to the * * *
affected [Reclamation] field office. * * *'' In contrast, the ROU
Application Form 7-2540 does not need to be completed for day-to-day
individual use of Reclamation's land, facilities, or water surfaces as
long as those uses do not exclusively limit other users from enjoying
the same area and do not interfere with or threaten project operations.
Comment 6: There is no time limit for returning any remaining
deposit of application fee.
Response: The comment is a reasonable concern. The new, proposed
ROU Application Form 7-2540 has now been modified to include a
statement that a refund of any unused initial deposit fee will be
completed within 30 days, provided that proper banking information for
electronic funds transfer has been provided in a timely manner so as to
facilitate such refund. Should their ROU request be denied, contact
will be made with the applicant to gather banking information necessary
to process their refund. Upon receipt of this information, the refund
of any unused initial deposit fee will then be completed within 30
days.
Comment 7: One individual commented that Reclamation may ask for a
``deposit fee of $200, and then says it may refund a part of that, or
ask for more, after they decide how much the value of the right-of-use
is, based on an appraisal.'' (emphasis added)
Response: As discussed in detail in Reclamation's responses to
comment 1 above, there are two fees or charges associated with an
approved ROU Application Form 7-2540. Both the fee and rental charges
are authorized and required by 43 CFR part 429. The first fee is
referred to as an initial application fee (please refer to
Reclamation's response to comment 6 above with regard to the conditions
associated with a refund of an application fee). Reclamation may ask
for additional monies for the initial application fee ONLY if the
administrative costs of actually getting to the point of approving the
application exceeds the initial $200 application fee. The commenter is
incorrect to assume that asking the applicant for more money to cover
Reclamation's administrative costs is ``based on an appraisal'' of the
ROU; rather, it is based only on Reclamation's estimated costs of
approving the applicant's request.
The second required charge is the cost to the applicant for the
rental charge or value of the authorized ROU. This rental charge is
based on an appraisal or other acceptable means of establishing the
value of permitting the applicant to use Federal lands or water
surfaces (see 43 CFR 429.3).
Comment 8: House Rule (H.R.) 4818 states that 80 percent of the use
fees must be spent on much-needed improvements at a local level. We are
concerned with how Reclamation will decide the fees, and who will make
the decision.
Response: The renewal of the ROU application at issue here has
nothing to do with H.R. 4818. The initial application fees cover
Reclamation's costs of reviewing and granting the ROU. The monies
collected from the rental charges are credited in accordance with
existing Federal reclamation law and are statutorily not available for
direct improvements at the local level. Again, these application fees
and rental charges are authorized by an existing regulation 43 CFR part
429 and are independent of and not affected by H.R. 4818.
Comment 9: One comment requested a 90-day extension to solicit
additional comments.
Response: This suggestion cannot be accommodated. However, the
public is given an additional 30 days to respond to this second FR
Notice. Individuals wishing to comment will direct their comments
directly to the OMB at the address provided in this notice. Individuals
should request a copy of the ROU Application Form 7-2540 from the
Reclamation staff listed in this notice.
Public comments are invited on the modified ROU Application Form 7-
2540 as to:
(a) Whether the proposed information collection is necessary for
the proper performance of Reclamation's functions to manage and operate
Federal water projects and their associated lands, facilities, and
water surfaces, including whether the information will have practical
use;
(b) The accuracy of the burden estimate for the proposed collection
of information, including the validity of the methodology and
assumptions used;
(c) Ways to enhance the quality, usefulness, and clarity of the
information to be collected; and
(d) Ways to minimize the burden of the information collection on
respondents, including the use of appropriate automated, electronic,
mechanical, or other forms of information technology.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. Reclamation will display a valid
OMB control number on the ROU Application Form 7-2540.
OMB has up to 60 days to approve or disapprove this information
collection, but may respond after 30 days; therefore, public comment
should be submitted to OMB within 30 days in order to assure maximum
consideration.
Department of the Interior's practice is to make comments,
including names and home addresses of respondents,
[[Page 5687]]
available for public review. Individual respondents may request that we
withhold their home address from public disclosure, which we will honor
to the extent allowable by law. There also may be circumstances in
which we would withhold a respondent's identity from public disclosure,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. We will make all submissions from organizations or businesses,
and from individuals identifying themselves as representatives or
officials of organizations or businesses, available for public
disclosure in their entirety.
Dated: January 25, 2006.
Roseann Gonzales,
Director, Office of Program and Policy Services, Denver Office.
[FR Doc. E6-1398 Filed 2-1-06; 8:45 am]
BILLING CODE 4310-MN-P
