28032 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Notices 

Dated: May 14, 2007. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–9632 Filed 5–17–07; 8:45 am] 

BILLING CODE 3510–22–S 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Determination under the Textile and 

Apparel Commercial Availability 

Provision of the Dominican RepublicCentral America-United States Free 

Trade Agreement (CAFTA-DR 

Agreement) 

May 15, 2007. 

AGENCY: The Committee for the 

Implementation of Textile Agreements. 

ACTION: Determination to add a product 

in unrestricted quantities to Annex 3.25 

of the CAFTA-DR Agreement. 

EFFECTIVE DATE: May 18, 2007. 

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(CITA) has determined that certain twoway stretch woven fabric of polyester/ 

rayon/spandex, as specified below, are 

not available in commercial quantities 

in a timely manner in the CAFTA-DR 

region. The product will be added to the 

list in Annex 3.25 of the CAFTA-DR 

Agreement in unrestricted quantities. 

FOR FURTHER INFORMATION CONTACT: 

Richard Stetson, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-2582. 

FOR FURTHER INFORMATION ONLINE: http://web.ita.doc.gov/tacgi/ 

CaftaReqTrack.nsf.Reference number: 

21.2007.04.18.Fabric.ST&RforChannel 

Fabrics 

SUPPLEMENTARYINFORMATION: 

Authority: Section 203(o)(4) of the 

Dominican Republic-Central America-United 

States Free Trade Agreement Implementation 

Act (CAFTA-DR Act); the Statement of 

Administrative Action (SAA), accompanying 

the CAFTA-DR Act; Presidential 

Proclamations 7987 (February 28, 2006) and 

7996 (March 31, 2006). 

BACKGROUND: 

The CAFTA-DR Agreement provides a 

list in Annex 3.25 for fabrics, yarns, and 

fibers that the Parties to the CAFTA-DR 

Agreement have determined are not 

available in commercial quantities in a 

timely manner in the territory of any 

Party. Articles that otherwise meet the 

rule of origin to qualify for preferential 

treatment are not disqualified because 

they contain one of the products on the 

Annex 3.25 list. 

The CAFTA-DR Agreement provides 

that this list may be modified pursuant 

to Article 3.25(4)-(5), when the 

President of the United States 

determines that a fabric, yarn, or fiber is 

not available in commercial quantities 

in a timely manner in the territory of 

any Party. The CAFTA-DR Act states 

that the President will make a 

determination on whether additional 

fabrics, yarns, and fibers are available in 

commercial quantities in a timely 

manner in the territory of any Party. 

The CAFTA-DR Act requires the 

President to establish procedures 

governing the submission of a request 

and providing opportunity for interested 

entities to submit comments and 

supporting evidence before a 

commercial availability determination is 

made. In Presidential Proclamations 

7987 and 7996, the President delegated 

to CITA the authority under section 

203(o)(4) of the CAFTA-DR Act for 

modifying the Annex 3.25 list. On 

March 21, 2007, CITA published final 

procedures it would follow in 

considering requests to modify the 

Annex 3.25 list (72 FR 13256). 

On April 18, 2007, the Chairman of 

CITA received a request from Sandler, 

Travis & Rosenberg, P.A., on behalf of 

Channel Fabrics, for certain polyester/ 

rayon/spandex two-way stretch woven 

fabrics, of the specifications detailed 

below. On April 20, 2007, CITA notified 

interested parties of, and posted on its 

website, the accepted petition and 

requested that interested entities 

provide, by May 2, 2007, a response 

advising of its objection to the request 

or its ability to supply the subject 

product, and rebuttals to responses by 

May 8, 2007. 

No interested entity filed a response 

advising of its objection to the request 

or its ability to supply the subject 

product. 

In accordance with Section 

203(o)(4)(C)(iii)(II) of the CAFTA-DR 

Act, and its procedures, as no interested 

entity submitted a response objecting to 

the request or expressing an ability to 

supply the subject product, CITA has 

determined to add the specified fabrics 

to the list in Annex 3.25 of the CAFTADR Agreement. 

The subject fabrics are added to the 

list in Annex 3.25 of the CAFTA-DR 

Agreement in unrestricted quantities. A 

revised list has been published on-line. 

Specifications: 

HTS Subheading: 5407.92.20 

5407.93.20 

Fiber Content: 70%-75% polyester; 

20%-25% viscose 

rayon; 3% - 6% 

spandex 

Average Yarn Number: Warp 40/2 to 85/2 metric, 60% to 75% polyester staple 

20% to 35% viscose 

rayon staple 

wrapped around 225 

to 126 metric spandex 

(24/2 to 50/2 wrapped 

around 40 to 70 denier spandex) 

Filling: 90 to 45 metric filament polyester 

wrapped around 225 

to 125 metric spandex 

(100 to 200 denier 

wrapped around 40 

to 70 denier spandex) 

NOTE: The stated size 

of the spandex yarns 

is in the condition as 

delivered to the yarn 

spinner. Variance 

may occur in the 

final fabric. 

Length of Staple in Warp: 1.75 to 2.75 inches 

Thread Count: 152 to 285 warp ends 

per centimeter x 101 

to 209 filling picks 

per centimeter 

(60 to 112 warp ends 

per inch x 40 to 82 

filling picks per inch) 

Weave Type: Various 

Weight: 200 to 302 grams per 

square meter (5.9 to 

8.9 ounces per 

square yard) 

Width: 129 to 152 centimeters 

(50 to 60 inches) 

Finish: Piece dyed; of yarns of 

different colors. 

R. Matthew Priest, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E7–9633 Filed 5–17–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Public Hearing and Notice of 

Availability for the Draft Environmental 

Impact Statement for the Matagorda 

Ship Channel Improvement Project, 

Calhoun County and Matagorda 

County, TX 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of a availability. 

SUMMARY: The U.S. Army Corps of 

Engineers, Galveston District announces 

the release of the Draft Environmental 

Impact Statement (DEIS), the public 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Notices 28033 

comment period, and the date and 

location of the Public Hearing, for the 

Calhoun County Navigation District’s 

(CCND) proposed Matagorda Ship 

Channel Improvement Project (MSCIP). 

DATES: The USACE Galveston District 

will be accepting written public 

comments on the DEIS through July 2, 

2007. All comments must be 

postmarked by July 2, 2007. 

ADDRESSES: You may send written 

comments to the USACE, Galveston 

District, Attn: Denise Sloan, P.O. Box 

1229, Galveston, TX 77553–1229. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the proposed action 

and DEIS can be answered by Ms. 

Denise Sloan, (409) 766–3962. 

SUPPLEMENTARY INFORMATION: 

Authority: This Federal Action is not 

in consideration of a Department of the 

Army (DA) permit application for work 

under Section 10 of the Rivers and 

Harbors Act of 1899 (33 U.S.C. 403), 

Section 404 of the Clean Water Act (33 

U.S.C. 1344), and Section 103 of the 

Marine Protection, Research, and 

Sanctuaries Act (MPRSA) (33 U.S.C. 

1413). 

Background: In January 2006, CCND 

submitted a DA permit application to 

widen and deepen the Matagorda Ship 

Channel (MSC) and to dredge a new 

turning basin and marine ship. It was 

determined that an Environmental 

Impact Statement would be required for 

the proposed project. Since the April 25, 

2006, Scoping Meeting, the consulting 

firm of PBS&J, under the direction of the 

Galveston District, U.S. Army Corps of 

Engineers (USACE), prepared a DEIS for 

the proposed project. The DEIS is not 

available for public review and 

comment. 

Project Description: The CCND 

proposes to deepen their berthing 

facilities at the Port of Port Lavaca-Port 

Comfort (Port), enlarge the 

approximately 26.6-mile-long MSC from 

the existing turning basin at the Port 

(Channel Station 117+223), through 

Lavaca Bay and Matagorda Bay, and 

ending offshore in the Gulf of Mexico 

(Channel Station ¥23+100). A proposed 

new turning basin at the intersection of 

the MSC and the Alcoa Channel would 

have a 1,650-foot turning circle, and 

both the existing CCND berthing 

facilities, the existing and proposed 

turning basins, and a proposed new 

CCND berthing area adjacent to the 

proposed new turning basin would be 

dredged to a depth of ¥44 feet Mean 

Low Tide (MLT). The authorized 

channel dimensions of the MSC, from 

the Port to the Matagorda Peninsula, are 

200 feet wide (bottom width) by ¥36 

feet MLT deep, and the CCND proposes 

to enlarge this reach to 400 feet wide by 

¥44 feet MLT deep (plus 2 feet of 

advanced maintenance depth and 2 feet 

of overdepth). The existing authorized 

channel dimensioned through the 

Matagorda Peninsula are 300 feet wide 

by ¥36 feet MLT deep, and the CCND 

proposes to enlarge this reach to 600 

feet wide by ¥46 feet MLT deep (plus 

3 feet of advanced maintenance and 2 

feet of overdepth). In the Gulf of 

Mexico, the existing authorized channel 

dimensions are 300 feet wide by ¥38 

feet MLT deep, and CCND proposes to 

enlarge the offshore reach to 600 feet 

wide by ¥46 feet MLT deep (plus 3 feet 

of advanced maintenance and 2 feet of 

overdepth). The CCND proposes to use 

both hydraulic and mechanical dredges, 

including hopper dredges, to perform 

new work and maintenance dredging of 

the proposed project. Approximately 

46.5 million cubic yards of new work 

dredged material would be generated 

from the proposed widening and 

deepening project. Maintenance 

dredging of the proposed channel would 

generate approximately 257.5 million 

cubic yards of material during the 50- 

year planning period. Dredged material 

would be used to create or protect 

habitats, nourish beaches, and cap 

mercury-impacted sediments, and 

would be placed in confined dredged 

material placement areas (PAs) in bays 

and on land, and in unconfined PAs in 

Matagorda Bay and in unconfined ocean 

dredged material disposal sites 

(ODMDS) in the Gulf of Mexico. 

Additional dredging and placement of 

400,000 cubic yards of dredged material 

would create a levee designed to protect 

habitat. 

Section 103 of the Marine Protection, 

Research, and Sanctuaries Act 

(MPRSA): Section 103 of the MPRSA 

authorizes the USACE to permit the 

placement of dredged material within 

an ODMDS, subject to EPA concurrence 

and use of the EPA’s dumping criteria. 

With concurrence from the EPA, the 

placement of approximately 11.9 

million cubic yards of new work 

dredged material from construction of 

the proposed project into a new, onetime use ODMDS may be authorized by 

the USACE under Section 103 of 

MPRSA. Similarly, with EPA 

concurrence, the USACE may authorize 

continued use of the existing 

maintenance material ODMDS following 

construction of the proposed project 

under Section 103 of MPRSA. 

Information associated with the Section 

103 authorizations is included in the 

DEIS (primarily in Appendix L). 

National Register of Historic Places: 

The staff archaeologist has reviewed the 

latest published version of the National 

Register of Historic Places, lists of 

properties determined eligible, and 

other sources of information. The 

following is current knowledge of the 

presence or absence of historic 

resources and the effects of the 

proposed project upon these properties: 

Remote sensing surveys have been 

completed for the majority of the project 

footprint in Matagorda and Lavaca bays 

and the Gulf of Mexico. Remote sensing 

surveys will be conducted for the 

following potentially affected areas that 

have not already surveyed: the proposed 

new-work ODMDS, three beach 

nourishment sites, and the remainder of 

two areas for proposed oyster bed 

creation. Additional close-order surveys 

will be conducted on 11 features within 

164 ft of the proposed channel 

alignment. The close-order surveys will 

help identify features that need further 

investigation to determine significance. 

Close-order surveys will also be 

conducted on two features identified 

within, or within 164 ft of, a proposed 

in-bay PA that cannot be avoided. 

Archival research and terrestrial surveys 

will be conducted at the upland PA and 

along the three beach nourishment 

areas. In addition, limited terrestrial 

shoreline surveys will be conducted 

where one proposed PA would tie into 

the bluff. Coordination with the Texas 

Historical Commission (THC) is ongoing 

and will be continued to conduct 

additional surveys of impact areas, test 

potentially eligible sites, and manage 

data recovery or avoidance measures as 

necessary. Should the decision be made 

to issue a permit for the proposed 

MSCIP, it would be conditioned to 

require completion of historical and 

archeological surveys to meet National 

Historical Preservation Act Section 106 

requirements. The CCND will obtain 

clearance from the THC and the USACE 

prior to performing construction 

activities in these areas. 

Threatened and Endangered Species: 

Preliminary indications are that the 

proposed project may affect a few 

Federally listed endangered or 

threatened species. The project may 

affect and is likely to result in adverse 

effects to the following species: 

Loggerhead sea turtle, Kemp’s ridley sea 

turtle, hawksbill sea turtle, and green 

sea turtle. The project, however, is 

unlikely to jeopardize/destroy or 

adversely modify critical habitat for any 

listed species. The piping plover may 

experience a beneficial effect from the 

proposed project resulting from habitat 

enhancement (i.e., shoreline 

nourishment) through beneficial use of 

dredged material. A draft Biological 

Assessment has been prepared and is 


pwalker on PROD1PC71 with NOTICES
28034 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Notices 

presented to the U.S. Fish and Wildlife 

Service (FWS) and the National Marine 

Fisheries Service (NMFS) in the DEIS. 

Essential Fish Habitat: Consultation 

for Essential Fish Habitat (EFH) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act was 

initiated in April 2006 via the workshop 

prior to the public scoping meeting. 

Letters were also sent to the NMFS in 

May 2006. Our initial determination is 

that the proposed action would not have 

a substantial adverse impact on EFH or 

Federally managed fisheries in the Gulf 

of Mexico, but might result in a benefit 

to EFH species by increasing the 

productivity in the bay system. Our 

final determination relative to project 

impacts and the need for mitigation 

measures is subject to additional review 

by and coordination with the NMFS. 

Other Agency Authorizations: Texas 

Coastal Zone consistency certification is 

required. The applicant has stated that 

the project is consistent with the Texas 

Coastal Management Program goals and 

policies and will be conducted in a 

manner consistent with said Program. 

Additional information can be found in 

Appendix P of the DEIS. The DEIS and 

Texas Coastal Consistency 

Determination have been submitted to 

the Coastal Coordination Council for 

review. 

Availability of Draft Environmental 

Impact Statement (DEIS): Pursuant to 

Section 102(2)(c) of the National 

Environmental Policy Act (NEPA) of 

1969, as amended and as implemented 

by the Council on Environmental 

Quality (40 CFR Parts 1500–1508) a 

DEIS for the proposed Matagorda Ship 

Channel Improvement Project has been 

filed with the EPA and is being made 

available to Federal, State, and local 

agencies and all interested parties. The 

DEIS can be viewed at http:// 

www.swg.usace.army.mil/reg/pn.asp. 

Copies of the DEIS are available by 

contacting Ms. Denise Sloan. In 

addition, copies of the DEIS are 

available for viewing at the following 

libraries: 

• Calhoun County Public Library, 

Port O’Connor Branch, P.O. Box 424, 

Port O’Connor, TX 77982. 

• Calhoun County Public Library, 

Point Comfort Branch, P.O. Box 382, 

Point Comfort, TX 77978. 

• Victoria Public Library, 302 N. 

Main, Victoria, TX 77901. 

• Jackson County Memorial Library, 

411 N. Wells, Room 121, Edna, TX 

77957. 

• Palacios Library, 326 Main St., 

Palacios, TX 77465. 

• Matagorda County Library, Bay City 

Branch, 1100 7th St., Bay City, TX 

77414. 

Public Comment and Public Hearing: 

If you wish to voice your comments, a 

Public Hearing on the proposed project 

is scheduled for June 5, 2007, at the 

Bauer Community Center, 2300 North 

Highway 35, Port Lavaca, TX 77979. 

Poster presentations will be available for 

viewing and project team members will 

be present to discuss the DEIS at a 

Workshop that will precede the hearing. 

The Workshop will be conducted from 

5 p.m. to 6:45 p.m. and the formal 

Hearing will commence at 7 p.m. 

Public Interest Review Factors: The 

application will be reviewed in 

accordance with 33 CFR 320–330, the 

Regulatory Programs of the USACE, and 

other pertinent laws, regulations and 

executive orders. The decision whether 

to issue a permit will be based on an 

evaluation of the probable impacts, 

including cumulative impacts, of the 

proposed activity on the public interest. 

That decision will reflect the national 

concern for both protection and 

utilization of important resources. The 

benefits which reasonably may be 

expected to accrue from the proposal 

must be balanced against reasonably 

foreseeable detriments associated with 

the proposal. All factors which may be 

relevant to the proposal will be 

considered. These include, but are not 

limited to: Dredged material 

management, air quality, shoreline 

erosion, economics, general 

environmental concerns, historic 

resources, protected species, navigation, 

recreation, water and sediment quality, 

energy needs, safety, hazardous 

materials, and, in general, the welfare of 

the people. 

Solicitation of Comments: The 

USACE is soliciting comments from the 

public, Federal, State, and local 

agencies and officials, Indian tribes, and 

other interested parties in order to 

consider and evaluate the impacts of 

this proposed activity. Any comments 

received will be considered by USACE 

to determine whether to issue, modify, 

condition or deny a permit for this 

proposal.To make this decision, 

comments will be considered in the 

evaluation of impacts on endangered 

species, historic properties, water 

quality, general environmental effects, 

and the other public interest factors 

listed above. Comments will be used in 

the preparation of the Final 

Environmental Impact Statement 

pursuant to NEPA. Comments are also 

used to determine the overall public 

interest of the proposed activity. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 07–2339 Filed 5–17–07; 8:45 am] 

BILLING CODE 3710–52–M 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The IC Clearance Official, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before June 18, 

2007. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, 

Washington, DC 20503. Commenters are 

encouraged to submit responses 

electronically by email to 

oira_submission@omb.eop.gov or via fax 

to (202) 395–6974. Commenters should 

include the following subject line in 

their response ‘‘Comment: [insert OMB 

number], [insert abbreviated collection 

name, e.g., ‘‘Upward Bound 

Evaluation’’]. Persons submitting 

comments electronically should not 

submit paper copies. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The IC Clearance 

Official, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 


pwalker on PROD1PC71 with NOTICES