May 3, 2007 – Federal Register Recent Federal Regulation Documents

This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 930 regulating the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601 et seq., the U.S. Environmental Protection Agency (``EPA'') announces a proposed administrative settlement to resolve claims under CERCLA. This settlement is intended to resolve the liability of a responsible party for certain response costs incurred and to be incurred by EPA at the Dover Municipal Well 4 Superfund Site located in Dover, Morris County, New Jersey (``Site''). The proposed administrative settlement is contained in an Agreement for Recovery of Past Response Costs (``Agreement'') between Marie Pennella (``the Settling Party'') and EPA. By this Notice, EPA is informing the public of the proposed settlement and of the opportunity to comment. The Site includes Municipal Well 4, which was closed in 1980 after the discovery of volatile organic compounds in the well water. The Site also includes an approximately one quarter-acre parcel (``the Property'') owned by the Settling Party. A dry cleaning facility formerly operated on the Property, and the Property is a source of contamination of the groundwater found in Municipal Well 4. EPA is the lead agency responsible for cleanup of the Site, and the New Jersey Department of Environmental Protection (``NJDEP'') serves as the support agency. In 1992, EPA issued a Record of Decision (``ROD'') selecting a remedy for the groundwater. In 2005, EPA issued a second ROD selecting the remedy for the contaminated soil and modifying the remedy for the deeper groundwater. Section 122(h) of CERCLA authorizes EPA to consider, compromise and settle certain claims incurred by the United States. NJDEP has also incurred certain costs at the Site. This is an ability to pay settlement. Under the terms of the Agreement, the Settling Party will pay the entire proceeds of an insurance claim in the amount of $672,397 to EPA and NJDEP and transfer title to the Property to EPA. The Settling Party will remit 85% of the insurance proceeds to EPA and 15% of the proceeds to NJDEP. In exchange, EPA will grant a covenant not to sue or take administrative action against the Settling Party for reimbursement of past or future response costs pursuant to Section 107(a) of CERCLA. EPA will consider any comments received during the comment period and may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway17th Floor, New York, NY 10007-1866. Telephone: (212) 637- 3111.

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: NRC Survey of Public Response to Emergencies. 2. Current OMB approval number: 3150-XXXX (New Collection). 3. How often the collection is required: This is a one-time collection. 4. Who is required or asked to report: Members of the public that reside within 10 mile Emergency Planning Zones of nuclear power plant. 5. The estimated number of annual respondents: This is a one-time collection of 800 completed surveys. 6. The number of hours needed annually to complete the requirement or request: One-time event. 277 hours ((completed surveys 800 x .333 hrs per response = 267 hrs) + (uncompleted surveys 120 x .083 hrs per response = 10 hrs)). 7. Abstract: As part of NRC's effort to review and improve emergency response program areas, a telephone survey will be conducted to assess the satisfaction of the pubic with existing protective action strategies, the effectiveness in which these strategies are conveyed to the public, and the public response to the possibility of modifying protection action strategies. The survey will produce statistical descriptions of customer satisfaction and acceptance of emergency response planning and protective actions. The response to the surveys will be used by the NRC in the development of new or modified protective action strategies including the types of strategies implemented and the means for which the information on protective actions may be disseminated to the public. The response may also support quality improvement in the existing emergency planning information in other areas indirectly related to protective actions. Submit, by July 2, 2007, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney, U.S. Nuclear Regulatory Commission, T-5 F52, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: ``NRC Forms 366, 366A, 366B, `Licensee Event Report''. 3. The form number if applicable: NRC Forms 366, 366A, 366B. 4. How often the collection is required: On occasion, as defined reactor events are reportable as they occur. 5. Who will be required or asked to report: Holders of operating licenses for commercial nuclear power plants. 6. An estimate of the number of annual responses: 400. 7. The estimated number of annual respondents: 104. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 32,000 (25,600 reporting + 6,400 record keeping). This is estimated to be 80 hours for each of 400 reports annually. 9. An indication of whether Section 3507(d), Public Law 104-13 applies: Not applicable. 10. Abstract: With NRC Forms 366, 366A, and 366B, the NRC collects reports of the types of reactor events and problems that are believed to be significant and useful to the NRC in its efforts to identify and resolve possible threats to the public safety. These forms are designed to provide the information necessary for engineering studies of operational anomalies and trends and patterns analysis of abnormal occurrences. The same information is used for other analytic procedures that aid in identifying accident precursors. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by June 4, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Margaret A. Malanoski, Desk Officer, Office of Information and Regulatory Affairs (3150-0104), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to MargaretA. Malanoski@omb.eop.gov or submitted by telephone at (202) 395-3122. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245.

The Office of the Secretary of Defense is altering a system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed.

Applicant seeks an order declaring that it has ceased to be an investment company. By April 25, 1997, applicant had transferred all of its assets to HighMark Funds, based on net asset value. Expenses of $27,400 incurred in connection with the reorganization were paid by Union Bank of California, N.A., the acquiring fund's investment adviser. Filing Dates: The application was filed on January 31, 2003, and amended on April 11, 2007, and April 20, 2007. Applicant's Address: 2 Oliver St., Boston, MA 02109.

This notice proposes revised 2007 aggregate production quotas for controlled substances in schedules I and II of the Controlled Substances Act (CSA).

The Department of Homeland Security (DHS) has adopted as final, without change, an interim rule amending the Homeland Security Acquisition Regulation (HSAR) to reflect a statutorily-mandated jurisdictional change for the agency Board of Contract Appeals (BCA). Specifically, BCA jurisdiction for DHS has transferred from the U.S. Department of Transportation Board of Contract Appeals to the Civilian Board of Contract Appeals. This rule also adopts as final, without change, several non-substantive amendments to DHS acquisition regulations in order to reflect organizational changes.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Health Administration (VHA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument.

Notice is hereby given that Scripps Institute of Oceanography, University of California, 8635 Discovery Way, La Jolla, CA 92093, has applied in due form for a permit to conduct research on marine mammals for scientific research purposes.

PHMSA is amending the statutorily mandated registration and fee assessment program for persons who transport or offer for transportation certain categories and quantities of hazardous materials. In this final rule, we are eliminating the 24- hour, seven-days-per-week telephonic expedited registration option because it is no longer necessary now that there is an internet option. In addition, we are adopting an explicit exception from registration requirements for Indian Tribes. We are not increasing registration fees in this final rule.

The Federal Crop Insurance Corporation (FCIC) finalizes the Common Crop Insurance Regulations; Mint Crop Insurance Provisions to convert the mint pilot crop insurance program to a permanent insurance program for the 2008 and succeeding crop years.

The Coast Guard is establishing a Regulated Navigation Area (RNA) on the Cumberland River (CMR) mile marker (MM) 126 to mile marker MM 127. All vessel traffic transiting beneath the R.J. Corman Railroad Bridge at MM 126.5 is restricted to the right descending bank (RDB) on the CMR and tows transiting this RNA cannot be wider than 80 feet or longer than 800 feet, excluding the length of the tow boat.