Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60751 

Background 

Section 6004(a) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (Pub. L. 109–059), codified as 

Section 326 of amended Chapter 3 of 

Title 23, United States Code (23 U.S.C. 

326), allows the Secretary of the United 

States Department of Transportation 

(USDOT Secretary), to assign, and a 

State to assume, responsibility for 

determining whether certain designated 

activities are included within classes of 

action that are categorically excluded 

from requirements for environmental 

assessments or environmental impact 

statements pursuant to regulations 

promulgated by the Council on 

Environmental Quality under part 1500 

of Title 40, Code of Federal Regulations 

(CFR) (as in effect on October 1, 2003). 

The FHWA is authorized to act on 

behalf of the USDOT Secretary with 

respect to these matters. 

Under the proposed MOU, the FHWA 

would assign to the State the 

responsibility for making decisions on 

the following types of categorical 

exclusions: 

1. Activities listed in 23 CFR 

771.117(c); 

2. The example activities listed in 23 

CFR 771.117(d); and 

3. Additional actions listed in 

Appendix A; None. 

The proposed MOU also would assign 

to the State the responsibility for 

conducting Federal environmental 

review, consultation, and other related 

activities for projects that are subject to 

the MOU with respect to the following 

Federal laws and Executive Orders: 

1. Clean Air Act, 42 U.S.C. 7401–7671q, 

determinations for project-level 

conformity if required for the 

project 

2. Compliance with the noise 

regulations in 23 CFR 772 

3. Section 7 of the Endangered Species 

Act of 1973, 16 U.S.C. 1531–1544, 

and Section 1536 (except as 

specified in Stipulation II.B.2 of the 

MOU) 

4. Marine Mammal Protection Act, 16 

U.S.C. 1361 

5. Anadromous Fish Conservation Act, 

16 U.S.C. 757a–757g 

6. Fish and Wildlife Coordination Act, 

16 U.S.C. 661–667d 

7. Migratory Bird Treaty Act, 16 U.S.C. 

703–712 

8. Magnuson-Stevens Fishery 

Conservation and Management Act 

of 1976, as amended, 16 U.S.C. 

1801 et seq. 

9. Bald and Golden Eagle Protection 

Act, 16 U.S.C. 668–668c 

10. Section 106 of the National Historic 

Preservation Act of 1966, as 

amended, 16 U.S.C. 470(f) et seq. 

11. Section 4(f) of the Department of 

Transportation Act of 1966, 23 

U.S.C. 138 and 49 U.S.C. 303 

12. Archaeological and Historic 

Preservation Act of 1966, as 

amended, 16 U.S.C. 469–469(c) 

13. American Indian Religious Freedom 

Act, 42 U.S.C. 1996 

14. Farmland Protection Policy Act, 7 

U.S.C. 4201–4209 

15. Clean Water Act, 33 U.S.C. 1251– 

1377 

16. Coastal Barrier Resources Act, 16 

U.S.C. 3501–3510 

17. Coastal Zone Management Act, 16 

U.S.C. 1451–1465 

18. Safe Drinking Water Act, 42 U.S.C. 

300f–300j–6 

19. Rivers and Harbors Act of 1899, 33 

U.S.C. 401–406 

20. Wild and Scenic Rivers Act, 16 

U.S.C. 1271–1287 

21. Emergency Wetlands Resources Act, 

16 U.S.C. 3921, 3931 

22. Transportation Equity Act of the 

21st Century, 23 U.S.C. 103(b)(6)(m) 

and 133(b)(11) 

23. Flood Disaster Protection Act, 42 

U.S.C. 4001–4128 

24. Land and Water Conservation Fund, 

16 U.S.C. 4601–4604 

25. Comprehensive Environmental 

Response, Compensation and 

Liability Act, 42 U.S.C. 9601–9675 

26. Superfund Amendments and 

Reauthorization Act of 1986 

27. Resource Conservation and Recovery 

Act, 42 U.S.C. 6901–6992k 

28. Landscaping and Scenic 

Enhancement, 23 U.S.C. 319 

29. E.O. 11990, Protection of Wetlands 

30. E.O. 11988, Floodplain Management 

31. E.O. 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low 

Income Populations 

32. E.O. 11593, Protection and 

Enhancement of the Cultural 

Environment 

33. E.O. 13007, Indian Sacred Sites 

34. E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments 

35. E.O. 13112, Invasive Species 

The MOU would allow the State to act 

in the place of the FHWA in carrying 

out the functions described above, 

except with respect to government-togovernment consultations with 

federally-recognized Indian tribes. The 

FHWA will retain responsibility for 

conducting formal government-togovernment consultation with federally 

recognized Indian tribes, which is 

required under some of the listed laws 

and executive orders. The State will 

continue to handle routine 

consultations with the tribes and 

understands that a tribe has the right to 

direct consultation with the FHWA 

upon request. The State also may assist 

the FHWA with formal consultations, 

with consent of a tribe, but the FHWA 

remains responsible for the 

consultation. This assignment includes 

transfer to the State the obligation to 

fulfill the assigned environmental 

responsibilities on any proposed 

projects meeting the criteria in 

Stipulation I(B) of the MOU that were 

determined to be CEs prior to the 

effective date of the proposed MOU but 

that have not been completed as of the 

effective date of the MOU. 

A copy of the proposed MOU may be 

viewed on the FDMS Docket, as 

described above, or may be obtained by 

contacting the FHWA or the State at the 

addresses provided above. A copy also 

may be viewed at http:// 

www.dot.state.ak.us/stwddes/ 

dcsenviron/index.shtml. 

Once the FHWA makes a decision on 

the proposed MOU, the FHWA will 

place in the FDMS Docket a statement 

describing the outcome of the decisionmaking process and a copy of the final 

MOU, if any. Copies of those documents 

also may be obtained by contacting the 

FHWA or the State of Alaska at the 

addresses provided above, or by viewing 

the documents at http:// 

www.dot.state.ak.us/stwddes/ 

dcsenviron/index.shtml. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 326; 42 U.S.C. 4331, 

4332; 23 CFR 771.117; 40 CFR 1507.3, 

1508.4. 

Issued on: October 6, 2008. 

David C. Miller, 

Division Administrator, Juneau, Alaska. 

[FR Doc. E8–24249 Filed 10–10–08; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2008 0095] 

Information Collection Available for 

Public Comments and 

Recommendations 

ACTION: Notice of intention to request 

extension of OMB approval and request 

for comments. 


jlentini on PROD1PC65 with NOTICES
60752 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Maritime 

Administration’s (MARAD’s) intention 

to request extension of approval (with 

modifications) for three years of a 

currently approved information 

collection. 

DATES: Comments should be submitted 

on or before December 15, 2008. 

FOR FURTHER INFORMATION CONTACT: T. 

Mitchell Hudson, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: 202–366–9373; or e-mail: 

mitchell.hudson@dot.gov. Copies of this 

collection also can be obtained from that 

office. 

SUPPLEMENTARY INFORMATION: Maritime 

Administration (MARAD) 

Title of Collection: Requirements for 

Eligibility of U.S.-Flag Vessels of 100 

Feet or Greater in Registered Length to 

Obtain a Fishery Endorsement. 

Type of Request: Extension of 

currently approved information 

collection. 

OMB Control Number: 2133–0530. 

Form Numbers: None. 

Expiration Date of Approval: Three 

years from date of approval by the 

Office of Management and Budget. 

Summary of Collection of 

Information: In accordance with the 

American Fisheries Act of 1998, owners 

of vessels of 100 feet or greater who 

wish to obtain a fishery endorsement to 

the vessel’s documentation are required 

to file with the Maritime Administration 

(MARAD) an Affidavit of United States 

Citizenship. 

Need and Use of the Information: The 

information collection is necessary for 

MARAD to determine that a particular 

vessel is owned and controlled by 

United States citizens and is eligible to 

receive a fishery endorsement to its 

documentation. 

Description of Respondents: Vessel 

owners, charterers, mortgagees, 

mortgage trustees and managers of 

vessels of 100 feet or greater who seek 

a fishery endorsement for the vessel. 

Annual Responses: 1 response. 

Annual Burden: 2,950 hours. 

Comments: Comments should refer to 

the docket number that appears at the 

top of this document. Written comments 

may be submitted to the Docket Clerk, 

U.S. DOT Dockets, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. Comments also 

may be submitted by electronic means 

via the Internet at http:// 

www.regulations.gov/search/index.jsp. 

Specifically address whether this 

information collection is necessary for 

proper performance of the functions of 

the agency and will have practical 

utility, accuracy of the burden 

estimates, ways to minimize this 

burden, and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. All 

comments received will be available for 

examination at the above address 

between 10 a.m. and 5 p.m. EDT (or 

EST), Monday through Friday, except 

Federal Holidays. An electronic version 

of this document is available on the 

World Wide Web at http:// 

www.regulations.gov/search/index.jsp. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.regulations.gov/ 

search/index.jsp. 

Authority: 49 CFR 1.66. 

By Order of the Maritime Administrator, 

Dated: September 25, 2008. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E8–24226 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TREASURY 

Office of the General Counsel; 

Appointment of Members of the Legal 

Division to the Performance Review 

Board, Internal Revenue Service 

This notice replaces listing published 

on September 16, 2008, Volume 73 FR, 

page #53490. 

Under the authority granted to me as 

Chief Counsel of the Internal Revenue 

Service by the General Counsel of the 

Department of the Treasury by General 

Counsel Order No. 21 (Rev. 4), pursuant 

to the Civil Service Reform Act, I have 

appointed the following persons to the 

Legal Division Performance Review 

Board, Internal Revenue Service Panel: 

1. Chairperson, Stephen Albrecht, 

Counselor to the General Counsel 

(Department of Treasury). 

2. Steve T. Miller, Commissioner (Tax 

Exempt and Government Entities). 

3. James Falcone, Acting Deputy 

Commissioner for Operations Support 

(IRS). 

This publication is required by 5 

U.S.C. 4314(c)(4). 

Dated: October 3, 2008. 

Donald L. Korb, 

Chief Counsel, Internal Revenue Service. 

[FR Doc. E8–24314 Filed 10–10–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF TREASURY 

Office of the General Counsel; 

Appointment of Members of the Legal 

Division to the Performance Review 

Board, Internal Revenue Service 

Correction—On September 16, 2008, 

Volume 73 FR, page # 53490 we issued 

this notice listing Clarissa Potter, 

Deputy Chief Counsel (Technical) as 

Chairperson; however, the Chairperson 

will be H. Stephen Kesselman, Deputy 

Chief Counsel (Operations). 

Under the authority granted to me as 

Chief Counsel of the Internal Revenue 

Service by the General Counsel of the 

Department of the Treasury by General 

Counsel Order No. 21 (Rev. 4), pursuant 

to the Civil Service Reform Act, I have 

appointed the following persons to the 

Legal Division Performance Review 

Board, Internal Revenue Service Panel: 

1. Chairperson, H. Stephen 

Kesselman, Deputy Chief Counsel 

(Operations). 

2. Roland Barral, Area Counsel (Large 

and Mid-Size Business). 

3. Ellen T. Friberg, Area Counsel 

(Small Business/Self Employed). 

4. Steve Larson, Associate Chief 

Counsel (Financial Institutions and 

Products). 

5. Edward Cronin (Ted), Division 

Counsel/Associate Chief Counsel 

(Criminal Tax). 

This publication is required by 5 

U.S.C. 4314(c)(4). 

Dated: October 7, 2008. 

Donald L. Korb, 

Chief Counsel, Internal Revenue Service. 

[FR Doc. E8–24318 Filed 10–10–08; 8:45 am] 

BILLING CODE 4830–01–P 


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