Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 17575 

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 

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 

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 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 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

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 


sroberts on PROD1PC70 with NOTICES
17576 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 

Emergency Management Agency, 

Washington, DC 20472, (202) 646–2705. 

SUPPLEMENTARY INFORMATION: The notice 

of an emergency declaration for the 

State of Indiana is hereby amended to 

include the following areas among those 

areas determined to have been adversely 

affected by the catastrophe declared an 

emergency by the President in his 

declaration of March 12, 2007: 

Adams, Allen, DeKalb, Hancock, 

Hendricks, Howard Huntington, LaGrange, 

LaPorte, Stark, St. Joseph, and Whitley 

Counties for emergency protective measures 

(Category B), including snow removal, under 

the Public Assistance program for any 

continuous 48-hour period during or 

proximate to the incident period. 

(The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund Program; 97.032, Crisis 

Counseling; 97.033, Disaster Legal Services 

Program; 97.034, Disaster Unemployment 

Assistance (DUA); 97.046, Fire Management 

Assistance; 97.048, Individuals and 

Households Housing; 97.049, Individuals and 

Households Disaster Housing Operations; 

97.050 Individuals and Households ProgramOther Needs, 97.036, Public Assistance 

Grants; 97.039, Hazard Mitigation Grant 

Program.) 

R. David Paulison, 

Under Secretary for Federal Emergency 

Management and Director of FEMA. 

[FR Doc. E7–6579 Filed 4–6–07; 8:45 am] 

BILLING CODE 9110–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: Revision of an Existing 

Information Collection; Comment 

Request 

ACTION: 60-Day Notice of Information 

Collection Under Review: Form I–360, 

Petition for Amerasian, Widow, or 

Special Immigrant. OMB Control 

Number 1615–0020. 

The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services has submitted the 

following information collection request 

for review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. The information collection is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted for 

sixty days until June 8, 2007. 

Written comments and suggestions 

regarding items contained in this notice, 

and especially with regard to the 

estimated public burden and associated 

response time should be directed to the 

Department of Homeland Security 

(DHS), USCIS, Chief, Regulatory 

Management Division, Clearance Office, 

111 Massachusetts Avenue, NW., 3rd 

floor, Suite 3008, Washington, DC 

20529. Comments may also be 

submitted to DHS via facsimile to 202–

272–8352, or via e-mail at 

rfs.regs@dhs.gov. When submitting 

comments by email please add the OMB 

Control Number 1615–0020 in the 

subject box. 

Written comments and suggestions 

from the public and affected agencies 

concerning the collection of information 

should address one or more of the 

following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agencies estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of this information 

collection: 

(1) Type of Information Collection: 

Revision of an existing information 

collection. 

(2) Title of the Form/Collection: 

Petition for Amerasian, Widow or 

Special Immigrant. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 

sponsoring the collection: Form I–360. 

U.S. Citizenship and Immigration 

Services. 

(4) Affected public who will be asked 

or required to respond, as well as brief 

abstract: 

Primary: Individuals or households. 

This information collection is used by 

several prospective classes of aliens 

who intend to establish their eligibility 

to immigrate to the United States. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 13,684 responses at 2 hours 

per response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 27,368 annual burden hours. 

If you have additional comments, 

suggestions, or need a copy of the 

information collection instrument, 

please contact Richard A. Sloan, Chief, 

Regulatory Management Division, U.S. 

Citizenship and Immigration Services, 

111 Massachusetts Avenue, NW., Suite 

3008, Washington, DC 20529; 

Telephone 202–272–8377. 

Dated: April 4, 2007. 

Stephen Tarragon, 

Deputy Chief, Regulatory Management 

Division, U.S. Citizenship and Immigration 

Services, Department of Homeland Security. 

[FR Doc. E7–6613 Filed 4–6–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Endangered Species Recovery Permit 

Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of permit 

applications; request for comment. 

SUMMARY: We invite the public to 

comment on the following applications 

to conduct certain activities with 

endangered species. 

DATES: Comments on these permit 

applications must be received on or 

before May 9, 2007. 

ADDRESSES: Written data or comments 

should be submitted to the U.S. Fish 

and Wildlife Service, Endangered 

Species Program Manager, California/ 

Nevada Operations Office (CNO), 2800 

Cottage Way, Room W–2606, 

Sacramento, California, 95825 

(telephone: 916–414–6464; fax: 916–

414–6486). Please refer to the respective 

permit number for each application 

when submitting comments. All 

comments received, including names 

and addresses, will become part of the 

official administrative record and may 

be made available to the public. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Marquez, Fish and Wildlife 

Biologist, at the above CNO address, 

(telephone: 760–431–9440; fax: 760–

431–9624). 

SUPPLEMENTARY INFORMATION: The 

following applicants have applied for 

scientific research permits to conduct 

certain activities with endangered 

species pursuant to section 10(a)(1)(A) 

of the Endangered Species Act (16 

U.S.C. 1531 et seq.). The U.S. Fish and 

Wildlife Service (‘‘we’’) solicits review 


sroberts on PROD1PC70 with NOTICES