Agency Information Collection Activities: Submission for OMB Review; Comment Request, 17575 [E7-6587]
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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
zone. The National Pollution Funds
Center (NPFC) processes claims against
the Oil Spill Liability Trust Fund for oil
removal costs and certain damages that
result from such discharges or threats
under authority of the Oil Pollution Act
of 1990 (OPA) (33 U.S.C. 2701 et seq.).
The circumstances of a marine casualty
will often bear on the entitlement of a
claimant to payment of its claim,
particularly for vessel owners or
operators who may claim a complete
defense to their own liability for such
costs or damages, or entitlement to limit
their liability under OPA.
In the past, the NPFC has not
considered such reports of marine
casualty investigations on the grounds
that a broad interpretation of 46 U.S.C.
6308 might proscribe their use in the
NPFC’s claims processes. However, this
resulted, in some instances, in the NPFC
having to duplicate the investigative
process in order to make findings of fact
that were included in a Marine Casualty
Investigation Report (MCIR).
As stated in the notice of
interpretation, the NPFC may consider
and rely on any part of a report of a
MCIR in determining whether to pay or
deny a claim. While such reports may
be of use to NPFC in this regard, and
may also be submitted by claimants to
support their claims, the NPFC is not
bound by such reports of investigation.
The NPFC may require additional
information from claimants in order to
support their claims and may,
considering the record as a whole, find
additional facts or different facts from
those included in such reports of
investigation.
Discussion of Comments
Two commentors submitted
comments to the Coast Guard during the
comment period (71 FR 60553). Both
commentors stated that the MCIRs are
essentially field reports compiled under
difficult circumstances by personnel of
varying degrees of experience and
knowledge. Commentors cautioned that
the use of MCIRs should be undertaken
with appropriate awareness of their
possible shortcomings. The Coast Guard
has stated that the NPFC is not bound
by reports of investigation. Accordingly,
the Director of the NPFC can reach not
only different facts but also different
opinions or conclusions than the
opinions and conclusions in the MCIR.
A second comment noted that
consideration of MCIRs by the NPFC
will ultimately lead to their inclusion in
the administrative record. The
commentor reasoned that if a claim
were appealed in a federal district court
under the Administrative Procedure Act
(APA), those documents would be
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18:21 Apr 06, 2007
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introduced into civil proceedings as part
of the administrative record in violation
of 46 U.S.C. 6308.
The scope of APA judicial review is
in 5 U.S.C. 706 and expressly provides
that the court shall review the whole
record. While the exclusion under 46
U.S.C. 6308 refers in general to civil
proceedings, Congress did not intend to
prevent proper judicial review under
the APA and therefore 46 U.S.C. 6308
does not trump the APA record
requirement.
For the reasons discussed above, these
comments do not effect our
interpretation as published in the
Federal Register on October 13, 2006
(71 FR 60553).
Dated: April 3, 2007.
William D. Baumgartner,
U.S. Coast Guard Judge Advocate General.
[FR Doc. E7–6540 Filed 4–6–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Federal Emergency
Management Agency, DHS
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The Federal Emergency
Management Agency, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a proposed continuing
information collection. In accordance
with the Paperwork Reduction Act of
1995, this notice seeks comments
concerning the certification of flood
proof residential basements in Special
Flood Hazard Areas.
Title: Residential Basement
Floodproofing Certificate.
OMB Number: 1660–0033.
Abstract: FEMA Form 81–78 is only
used in communities that have been
granted an exception by FEMA to allow
the construction of flood proof
residential basements in Special Flood
Hazard Areas, (SFHAs). Homeowners
must have a registered professional
engineer or architect complete FEMA
Form 81–78 for development or
inspection of a properly designed and
constructed basement and certify that
the basement design and methods of
constructions are in accordance with
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17575
floodplain management ordinances. In
any case homeowners are responsible
for the fees involved with these services.
Homeowners also provide FEMA Form
81–8 to the insurance agent to receive
discounted flood insurance under the
National Flood Insurance Program
(NFIP).
Affected Public: Business or other forprofit.
Number of Respondents: 150.
Estimated Time per Respondent: 3.25
hours.
Estimated Total Annual Burden
Hours: 487.5.
Frequency of Response: One-time.
Comments: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management Budget,
Attention: Nathan Lesser, Desk Officer,
Department of Homeland Security/
FEMA, and sent via electronic mail to
oira_submission@omb.eop.gov or faxed
to (202) 395–6974. Comments must be
submitted on or before May 9, 2007.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
should be made to Chief, Records
Management, FEMA, 500 C Street, SW.,
Room 609, Washington, DC 20472,
facsimile number (202) 646–3347, or email address FEMA-InformationCollections@dhs.gov.
Dated: March 28, 2007.
John A. Sharetts-Sullivan,
Chief, Records Management and Privacy
Information Resources Management Branch,
Information Technology Services Division,
Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E7–6587 Filed 4–6–07; 8:45 am]
BILLING CODE 9110–11–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[FEMA–3274–EM]
Indiana; Amendment No. 1 to Notice of
an Emergency Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
SUMMARY: This notice amends the notice
of an emergency declaration for the
State of Indiana (FEMA–3274–EM),
dated March 12, 2007, and related
determinations.
EFFECTIVE DATE: March 30, 2007.
FOR FURTHER INFORMATION CONTACT:
Magda Ruiz, Recovery Division, Federal
E:\FR\FM\09APN1.SGM
09APN1
]]>Agencies
[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Page 17575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6587]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
Agency Information Collection Activities: Submission for OMB
Review; Comment Request
AGENCY: Federal Emergency Management Agency, DHS
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a proposed continuing information collection. In
accordance with the Paperwork Reduction Act of 1995, this notice seeks
comments concerning the certification of flood proof residential
basements in Special Flood Hazard Areas.
Title: Residential Basement Floodproofing Certificate.
OMB Number: 1660-0033.
Abstract: FEMA Form 81-78 is only used in communities that have
been granted an exception by FEMA to allow the construction of flood
proof residential basements in Special Flood Hazard Areas, (SFHAs).
Homeowners must have a registered professional engineer or architect
complete FEMA Form 81-78 for development or inspection of a properly
designed and constructed basement and certify that the basement design
and methods of constructions are in accordance with floodplain
management ordinances. In any case homeowners are responsible for the
fees involved with these services. Homeowners also provide FEMA Form
81-8 to the insurance agent to receive discounted flood insurance under
the National Flood Insurance Program (NFIP).
Affected Public: Business or other for-profit.
Number of Respondents: 150.
Estimated Time per Respondent: 3.25 hours.
Estimated Total Annual Burden Hours: 487.5.
Frequency of Response: One-time.
Comments: Interested persons are invited to submit written comments
on the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management Budget, Attention: Nathan
Lesser, Desk Officer, Department of Homeland Security/FEMA, and sent
via electronic mail to oira_submission@omb.eop.gov or faxed to (202)
395-6974. Comments must be submitted on or before May 9, 2007.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Chief, Records
Management, FEMA, 500 C Street, SW., Room 609, Washington, DC 20472,
facsimile number (202) 646-3347, or e-mail address FEMA-Information-
Collections@dhs.gov.
Dated: March 28, 2007.
John A. Sharetts-Sullivan,
Chief, Records Management and Privacy Information Resources Management
Branch, Information Technology Services Division, Federal Emergency
Management Agency, Department of Homeland Security.
[FR Doc. E7-6587 Filed 4-6-07; 8:45 am]
BILLING CODE 9110-11-P
