6–6–08 Friday Vol. 73 No. 110 June 6, 2008

Pages 32235–32426

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Contents Federal Register Vol. 73, No. 110

Friday, June 6, 2008

Agriculture Department Committee for Purchase From People Who Are Blind or See Animal and Plant Health Inspection Service Severely Disabled See Food and Nutrition Service NOTICES Additions to and Deletions from the Procurement List, Alcohol, Tobacco, Firearms, and Explosives Bureau 32285–32286 NOTICES Correction: Agency Information Collection Activities; Proposals, Clarification of Scope of Procurement List Additions; Submissions, and Approvals, 32357–32359 2007 Commodities Procurement List, 32286 Proposed Additions to the Procurement List, 32286–32287

Animal and Plant Health Inspection Service Commodity Futures Trading Commission NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Revision of Federal Speculative Position Limits, 32260– Submissions, and Approvals, 32283–32284 32261 Potato Cyst Nematode; Update of Quarantined Areas, Risk Management Exemption from Federal Speculative 32284–32285 Position Limits, 32261–32262

Army Department Defense Department See Engineers Corps See Engineers Corps

Arts and Humanities, National Foundation Drug Enforcement Administration See National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32359–32360 Blind or Severely Disabled, Committee for Purchase From People Who Are Education Department See Committee for Purchase From People Who Are Blind NOTICES or Severely Disabled Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32311–32312 Centers for Disease Control and Prevention Small, Rural School Achievement Program, 32312–32313 NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals, 32334–32335 See Federal Energy Regulatory Commission Meetings: PROPOSED RULES Disease, Disability, and Injury Prevention and Control Energy Efficiency Program for Consumer Products: Special Emphasis Panel, 32335–32336 Residential Central Air Conditioners and Heat Pumps; Public Meeting and Availability of the Framework Centers for Medicare & Medicaid Services Document, 32243–32245 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32313–32314 Submissions, and Approvals, 32336–32338 Meetings: State Energy Advisory Board, 32314 Coast Guard RULES Engineers Corps Drawbridge Operation Regulations: NOTICES Atlantic Intracoastal Waterway, Boca Raton, FL, 32236 Environmental Impact Statements; Availability, etc.: New River (South Fork), Fort Lauderdale, FL, 32237– Pacific L.A. Marine Terminal LLC Crude Oil Terminal 32238 Project, Los Angeles County, CA, 32310–32311 Sacramento River, Sacramento, CA, 32236–32237 PROPOSED RULES Environmental Protection Agency Meetings: RULES Dry Cargo Residue Discharges in the Great Lakes, 32273– Approval and Promulgation of Air Quality Implementation 32274 Plans: Wayne County Area, PA, 32238–32240 Commerce Department Revisions to the California State Implementation Plan, See International Trade Administration Sacramento Metropolitan Air Quality Management See National Oceanic and Atmospheric Administration District, 32240–32241 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Revisions to the California State Implementation Plan, Submissions, and Approvals, 32287–32288 Sacramento Metropolitan Air Quality Management Privacy Act; Systems of Records, 32288–32289 District, 32274

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NOTICES Velocity American Energy Master I, L.P., 32322–32323 Agency Information Collection Activities; Proposals, Records Governing Off-the Record Communications, 32323 Submissions, and Approvals, 32323–32328 Environmental Impact Statements and Regulations; Federal Highway Administration Availability of EPA Comments, 32328 NOTICES Meetings: Limitation on Claims for Judicial Review of Actions by Association of American Pesticide Control Officials/State Federal Highway Administration: FIFRA Issues Research and Evaluation Group, 32329 Final Federal Agency Actions on I-94 North-South Petition: Corridor Study; WI and IL, 32383–32384 Massachusetts Marine Sanitation Device Standard, 32329–32331 Federal Housing Finance Board Weekly Receipt of Environmental Impact Statements, NOTICES 32331–32332 Meetings; Sunshine Act, 32332

Executive Office for Immigration Review Federal Reserve System NOTICES NOTICES Agency Information Collection Activities; Proposals, Formations of, Acquisitions by, and Mergers of Bank Submissions, and Approvals, 32360–32361 Holding Companies, 32333 Executive Office of the President Federal Trade Commission See Management and Budget Office PROPOSED RULES Federal Aviation Administration Prohibitions on Market Manipulation and False RULES Information: Revision of Class E Airspace: Subtitle B of Title VIII of The Energy Independence and Deadhorse, AK, 32235–32236 Security Act, (2007), 32259–32260 PROPOSED RULES Airworthiness Directives: Fish and Wildlife Service Airbus Model A300-600 Airplanes, 32250–32252 NOTICES Boeing Model 737 300, -400, and -500 Series Airplanes, Draft Comprehensive Conservation Plan and Environmental 32258–32259 Assessment: Boeing Model 737-600, -700, -700C, -800, -900, and Eufaula National Wildlife Refuge, AL and GA, 32349– -900ER Series Airplanes, 32255–32256 32352 Boeing Model 747 100, 747 100B, 747 100B SUD, 747 Right-of-Way Permit Application: 200B, 747 200C, etc. Series Airplanes, 32245–32246 Keystone Oil Pipeline Project; North Dakota and South Boeing Model 747-400, -400D, and -400F Series Dakota Wetland Management Districts, 32353 Airplanes, 32248–32250 Boeing Model 747 Airplanes, 32246–32248 Food and Drug Administration Boeing Model 757 Airplanes, 32256–32258 NOTICES Boeing Model 767 Airplanes, 32252–32253 Compliance Policy Guide Sec. 560.700; Processing of Boeing Model 777 Airplanes, 32253–32255 Imported Frozen Products of Multiple Sizes (e.g., NOTICES Shrimp, Prawns, etc.) (CPG 7119.10): Petition for Exemption; Summary of Petition Received, Withdrawal of Guidance, 32338 32383 Food and Nutrition Service Federal Communications Commission NOTICES RULES Agency Information Collection Activities; Proposals, Television Broadcasting Services: Submissions, and Approvals, 32285 Riverside, CA, 32241–32242 General Services Administration Federal Energy Regulatory Commission PROPOSED RULES NOTICES General Services Acquisition Regulation: Applications: GSAR Case 2008-G510— Birch Power Co. and Turnbull Hydro, L.L.C., 32314– Rewrite of GSAR Part 537, Service Contracting, 32276– 32315 32277 Birch Power Company; Turnbull Hydro, L.L.C., 32315– Rewrite of GSAR Part 547, Transportation, 32277–32278 32316 General Services Acquisition Regulation; GSAR Case 2007- MarkWest Pioneer, LLC, 32316 G500; McCallum Enterprises I Limited Partnership, 32317 Rewrite of GSAR Part 517, Special Contracting Methods, West Texas Gas, Inc.; Reef International, L.L.C., 32317– 32274–32276 32318 NOTICES Availability of Final Environmental Impact Statements: Agency Information Collection Activities; Proposals, Midcontinent Express Pipeline, LLC., 32318–32319 Submissions, and Approvals, 32333–32334 Blanket Authorization: PPL Renewable Energy, LLC, 32319 Geological Survey Combined Notice of Filings, 32319–32322 NOTICES Issuance of Orders: Agency Information Collection Activities; Proposals, HEEP Fund, Inc., 32322 Submissions, and Approvals, 32353–32354

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Health and Human Services Department Preliminary Results of Countervailing Duty Administrative See Centers for Disease Control and Prevention Review: See Centers for Medicare & Medicaid Services Stainless Steel Plate in Coils from Belgium, 32303–32307 See Food and Drug Administration See National Institutes of Health International Trade Commission NOTICES NOTICES Call for Collaborating Partners for the National Bone Health Investigation: Campaign, 32334 Certain Rubber Antidegradants, Components Thereof, and Products Containing Same, 32356–32357 Homeland Security Department See Coast Guard Justice Department See Transportation Security Administration See U.S. Citizenship and Immigration Services See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES See Drug Enforcement Administration Post-Contract Award Information, 32341 See Executive Office for Immigration Review Review and Revision of the National Infrastructure PROPOSED RULES Protection Plan, 32341–32343 Inspection of Records Relating to Depiction of Simulated Solicitation of Proposal Information for Award of Public Sexually Explicit Performances, 32262–32273 Contracts, 32343–32344 NOTICES Consent Decree: Housing and Urban Development Department Kaman Aerospace Corp., 32357 NOTICES Federal Property Suitable as Facilities to Assist the Labor Department Homeless, 32347 NOTICES Public Housing Financial Management Template, 32347– Delegation of Authorities; Assignment of Responsibilities: 32348 Assistant Secretary for Employment Standards and Others in the Employment Standards Administration, Indian Affairs Bureau 32424–32426 NOTICES Intent to Prepare an Environmental Impact Statement: Land Management Bureau Renewed Application for the Proposed Los Coyotes Band NOTICES of Cahuilla and Cupeno Indians Fee-to-Trust Transfer Alaska Native Claims Selection, 32355–32356 and Casino-Hotel Project, San Bernardino County, Meetings: 32354–32355 Western Montana Resource Advisory Council, 32356 Petition for Tribal Reassumption of Jurisdiction Over Child Custody Proceedings: Management and Budget Office Alabama-Coushatta Tribe of Texas, 32355 PROPOSED RULES Requirements for Federal Funding Accountability and Interior Department Transparency Act Implementation, 32417–32421 See Fish and Wildlife Service NOTICES See Geological Survey Amending Federal Financial Assistance-Related Forms to See Indian Affairs Bureau Include Universal Identifier, 32416 See Land Management Bureau NOTICES National Foundation on the Arts and the Humanities Availability, Draft Environmental Assessments; Central Utah Project Completion Act: NOTICES Hobble Creek Stream Restoration, Utah County, UT, Meetings: 32348–32349 National Council on the Arts 164th Meeting, 32361– 32362 International Trade Administration NOTICES National Institutes of Health Antidumping Duty Administrative Review: NOTICES Freshwater Crawfish Tail Meat from the People’s Agency Information Collection Activities; Proposals, Republic of China, 32289 Submissions, and Approvals, 32338–32339 Final Results of Antidumping Duty Administrative Review: Meetings: Stainless Steel Bar from France, 32289–32290 Board of Scientific Counselors for Clincal Services and Postponement of Preliminary Determination in the Epidemiology National Cancer Institute, 32339– Countervailing Duty Investigation: 32340 Circular Welded Carbon Quality Steel Line Pipe from the Board of Scientific Counselors for Clinical Sciences and People’s Republic of China, 32290 Epidemiology National Cancer Institute, 32340 Preliminary Intent to Rescind New Shipper Review: National Institute of Diabetes and Digestive and Kidney Forged Stainless Steel Flanges from India, 32291–32292 Diseases Special Emphasis Panel, 32340–32341 Preliminary Results of 2007 Semi-Annual New Shipper Reviews: National Oceanic and Atmospheric Administration Wooden Bedroom Furniture from the People’s Republic PROPOSED RULES of China, 32292–32298 Fisheries of the Caribbean, Gulf of Mexico, and South Preliminary Results of Antidumping Duty Administrative Atlantic: Review: Snapper-Grouper Fishery off the Southern Atlantic States; Stainless Steel Plate in Coils from Belgium, 32298–32302 Amendment (14), 32281–32282

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Taking of Marine Mammals Incidental to Commercial State Department Fishing Operations: NOTICES Atlantic Large Whale Take Reduction Plan Regulations, Certification Related to Guatemalan Armed Forces: 32278–32281 Section 672, Foreign Operations and Related Programs NOTICES Appropriations Act, 32381 Marine Mammals (File Nos. 715-1706 and 545-1761), Meetings: 32307–32308 Advisory Committee International Postal and Delivery Permits; Foreign Fishing, 32308–32309 Services, 32381–32382 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Surface Transportation Board Identification Workshops, 32309–32310 NOTICES Construction and Operation Exemption: Nuclear Regulatory Commission Southwest Gulf Railroad Co., Medina County, TX, 32384 RULES Revision of Fee Schedules; Fee Recovery for 2008 FY, 32386–32414 Transportation Department NOTICES See Federal Aviation Administration Facility Operating License, Application Withdrawal: See Federal Highway Administration FPL Energy Duane Arnold, LLC, 32362 See Surface Transportation Board Final Regulatory Guide; Issuance, Availability, 32362– NOTICES 32363 Applications for Certificates of Public Convenience and Meetings: Necessity and Foreign Air Carrier Permits Filed Under Partial Site Release of the Off-Shore Piping for San Subpart B, 32382 Onofre Generation Station, Unit 1, 32363 Aviation Proceedings, Agreements filed the week ending Proposed License Transfer and Draft Post Shutdown January 18, 2008, 32382 Decommissioning Activities Report: Exelon Generation Company, LLC, 32363–32364 Transportation Security Administration NOTICES Office of Management and Budget Agency Information Collection Activities; Proposals, See Management and Budget Office Submissions, and Approvals, 32344–32346

Postal Regulatory Commission U.S. Citizenship and Immigration Services NOTICES NOTICES Express Mail International Bilateral/Multilateral Agency Information Collection Activities; Proposals, Agreements, 32364–32365 Submissions, and Approvals, 32347 Global Expedited Package Services Negotiated Service Agreements, 32365–32366 Veterans Affairs Department Premium Forwarding Service, 32366–32367 NOTICES Privacy Act; Systems of Records, 32384 Postal Service RULES Address Facing Standards for Presort Bundles on Pallets, Separate Parts In This Issue 32238

Securities and Exchange Commission Part II NOTICES Nuclear Regulatory Commission, 32386–32414 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32367–32368 Part III Self-Regulatory Organizations; Proposed Rule Changes: Executive Office of the President, Management and Budget Boston Stock Exchange, Inc., 32368–32369 Office, 32416–32421 Chicago Stock Exchange, Inc., 32369–32373 Depository Trust Co. and National Securities Clearing Part IV Corp., 32373–32376 Labor Department, 32424–32426 National Association of Securities Dealers, Inc., 32377 NYSE Arca, Inc., 32377–32379 Philadelphia Stock Exchange, Inc., 32379–32380 Reader Aids Small Business Administration Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Disaster Declaration No. 11264 and No. 11265: and notice of recently enacted public laws. Iowa Disaster Number IA-00015; Amendment (1), 32380– To subscribe to the Federal Register Table of Contents 32381 LISTSERV electronic mailing list, go to http:// Disaster Declarations: listserv.access.gpo.gov and select Online mailing list Iowa, 32381 archives, FEDREGTOC-L, Join or leave the list (or change Nebraska, 32381 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

2 CFR Proposed Rules: 33...... 32417 10 CFR 170...... 32386 171...... 32386 Proposed Rules: 430...... 32243 14 CFR 71...... 32235 Proposed Rules: 39 (9 documents) ...... 32245, 32246, 32248, 32250, 32252, 32253, 32255, 32256, 32258 16 CFR Proposed Rules: 317...... 32259 17 CFR Proposed Rules: 150 (2 documents) ...... 32260, 32261 28 CFR Proposed Rules: 75...... 32262 33 CFR 117 (3 documents) ...... 32236, 32237 Proposed Rules: 151...... 32273 39 CFR 111...... 32238 40 CFR 52 (2 documents) ...... 32239, 32240 Proposed Rules: 52...... 32274 47 CFR 73...... 32241 48 CFR Proposed Rules: 517...... 32274 537...... 32276 547...... 32277 552 (2 documents) ...... 32276, 32277 50 CFR Proposed Rules: 229...... 32278 622...... 32281

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Rules and Regulations Federal Register Vol. 73, No. 110

Friday, June 6, 2008

This section of the FEDERAL REGISTER History will be depicted on aeronautical charts contains regulatory documents having general for pilot reference. The intended effect applicability and legal effect, most of which On Monday, March 31, 2008, the FAA proposed to amend part 71 of the of this rule is to provide adequate are keyed to and codified in the Code of controlled airspace for Instrument Flight Federal Regulations, which is published under Federal Aviation Regulations (14 CFR 50 titles pursuant to 44 U.S.C. 1510. part 71) to revise Class E airspace Rules (IFR) operations at the Deadhorse upward from 700 ft. above the surface Airport, Deadhorse, Alaska. The Code of Federal Regulations is sold by and from 1,200 ft. above the surface at The FAA has determined that this the Superintendent of Documents. Prices of Deadhorse, AK (73 FR 16792). The regulation only involves an established new books are listed in the first FEDERAL REGISTER issue of each week. action was proposed in order to create body of technical regulations for which Class E airspace sufficient in size to frequent and routine amendments are contain aircraft while executing SIAPs necessary to keep them operationally DEPARTMENT OF TRANSPORTATION for the Deadhorse Airport. The Notice of current. It, therefore—(1) is not a Proposed Rulemaking contained an ‘‘significant regulatory action’’ under Federal Aviation Administration error in the airspace description. The Executive Order 12866; (2) is not a 035° bearing should have been listed as ‘‘significant rule’’ under DOT 14 CFR Part 71 075°, and the 255° bearing in the Class Regulatory Policies and Procedures (44 E2 description was inadvertently left FR 11034; February 26, 1979); and (3) out. Additionally, the correct 4.1-mile [Docket No. FAA–2008–0171; Airspace does not warrant preparation of a radius in the Class E2 description as Docket No. 08–AAL–5] regulatory evaluation as the anticipated erroneously listed with a 2.4-mile value. impact is so minimal. Since this is a Revision of Class E Airspace; These errors have been corrected in the routine matter that will only affect air Deadhorse, AK rule. Class E controlled airspace traffic procedures and air navigation, it extending upward from the surface and is certified that this rule will not have AGENCY: Federal Aviation from 700 ft. and 1,200 ft. above the a significant economic impact on a Administration (FAA), DOT. surface in the Deadhorse Airport area is substantial number of small entities revised by this action. under the criteria of the Regulatory ACTION: Final rule. Interested parties were invited to Flexibility Act. participate in this rulemaking The FAA’s authority to issue rules SUMMARY: This action revises Class E proceeding by submitting written airspace at Deadhorse, AK, to provide comments on the proposal to the FAA. regarding aviation safety is found in adequate controlled airspace to contain No comments were received. The rule is Title 49 of the United States Code. aircraft executing Standard Instrument adopted as proposed. Subtitle 1, Section 106 describes the Approach Procedures (SIAPs). Eight The area will be depicted on authority of the FAA Administrator. Standard Instrument Approach aeronautical charts for pilot reference. Subtitle VII, Aviation Programs, Procedures (SIAPs) and a textual The coordinates for this airspace docket describes in more detail the scope of the Departure Procedure (DP) are being are based on North American Datum 83. agency’s authority. amended for the Deadhorse Airport. The Class E airspace areas designated as This rulemaking is promulgated This action revises existing Class E surface areas are published in paragraph under the authority described in airspace upward from the surface and 6002 of FAA Order 7400.9R, Airspace Subtitle VII, Part A, Subpart 1, Section from 700 feet (ft.) and 1,200 ft. above the Designations and Reporting Points, 40103, Sovereignty and use of airspace. surface at Deadhorse Airport, signed August 15, 2007, and effective Under that section, the FAA is charged Deadhorse, AK. September 15, 2007, which is with prescribing regulations to ensure incorporated by reference in 14 CFR the safe and efficient use of the DATES: Effective Date: 0901 UTC, July 71.1. The Class E airspace areas navigable airspace. This regulation is 31, 2008. The Director of the Federal designated as 700/1,200 ft. transition within the scope of that authority Register approves this incorporation by areas are published in paragraph 6005 of because it creates Class E airspace reference action under title 1, Code of FAA Order 7400.9R, Airspace sufficient in size to contain aircraft Federal Regulations, part 51, subject to Designations and Reporting Points, executing instrument procedures for the the annual revision of FAA Order signed August 15, 2007, and effective Deadhorse Airport and represents the 7400.9 and publication of conforming September 15, 2007, which is FAA’s continuing effort to safely and amendments. incorporated by reference in 14 CFR efficiently use the navigable airspace. 71.1. The Class E airspace designations FOR FURTHER INFORMATION CONTACT: Gary List of Subjects in 14 CFR Part 71 Rolf, AAL–538G, Federal Aviation listed in this document will be Administration, 222 West 7th Avenue, published subsequently in the Order. Airspace, Incorporation by reference, Box 14, Anchorage, AK 99513–7587; The Rule Navigation (air). telephone number (907) 271–5898; fax: (907) 271–2850; e-mail: This amendment to 14 CFR part 71 Adoption of the Amendment [email protected]. Internet address: revises Class E airspace at the I http://www.alaska.faa.gov/at. Deadhorse Airport, Alaska. This Class E In consideration of the foregoing, the airspace is revised to accommodate Federal Aviation Administration SUPPLEMENTARY INFORMATION: aircraft executing amended SIAPs, and amends 14 CFR part 71 as follows:

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PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF HOMELAND Waterway, Boca Raton, FL. The bridge CLASS B, CLASS C, CLASS D, AND SECURITY has a vertical clearance of 25 feet in the CLASS E AIRSPACE AREAS; closed position and a horizontal AIRWAYS; ROUTES; AND REPORTING Coast Guard clearance of 90 feet. The work will POINTS require single leaf operation on the hour 33 CFR Part 117 and half-hour with a 3 hour advance I 1. The authority citation for 14 CFR [Docket No. USCG–2008–0428] notice for a double leaf opening in order part 71 continues to read as follows: to remove personnel and equipment Drawbridge Operation Regulation; from the leaf areas. In addition, the Authority: 49 U.S.C. 106(g), 40103, 40113, Atlantic Intracoastal Waterway, Boca vertical clearance will be reduced by 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Raton, FL five feet due to the placement of 1963 Comp., p. 389. containment equipment which is AGENCY: Coast Guard, DHS. § 71.1 [Amended] required to protect the environment. ACTION: Notice of temporary deviation The normal operating schedule for the I 2. The incorporation by reference in from regulations. bridge is in 33 CFR 117.261(z–3), and 14 CFR 71.1 of Federal Aviation requires the bridge to open on the hour SUMMARY: The Commander, Seventh Administration Order 7400.9R, Airspace and half-hour. This deviation period Coast Guard District, has issued a Designations and Reporting Points, begins on June 15, 2008 and ends on temporary deviation from the regulation signed August 15, 2007, and effective December 8, 2008. The operating governing the operation of the Spanish schedule during this deviation period September 15, 2007, is amended as River Boulevard bridge across the follows: will be single leaf on the hour and half- Atlantic Intracoastal Waterway, mile hour with a 3 hour advance notice for Paragraph 6002 Class E Airspace 1044.9, at Boca Raton, FL. The deviation a full double leaf opening. Contact the Designated as Surface Areas. is necessary to perform rehabilitation bridge tender at 561–395–5417 to * * * * * work on the bridge. This deviation request a full opening. In the case of allows the bridge to operate with a five AAL AK E2 Deadhorse, AK [Revised] emergencies the bridge will open as feet reduced vertical clearance, operate soon as practicable. Deadhorse, Deadhorse Airport, AK with single leaf openings, and/or In accordance with 33 CFR 117.35(e), ° ′ ″ ° ′ ″ (Lat. 70 11 41 N., long. 148 27 55 W.) operate with full double leaf opening the drawbridge must return to its regular Within a 4.1-mile radius of the Deadhorse pending a three hour advance notice. operating schedule immediately at the Airport, AK, and within 2.4 miles either side DATES: This deviation is effective from end of the designated time period. This of the 075° bearing from the Deadhorse 8 a.m., June 15, 2008 to 6 p.m., deviation from the operating regulations Airport, AK, extending from the 4.1-mile December 8, 2008. is authorized under 33 CFR 117.35. radius to 7 miles east of the Deadhorse ADDRESSES: Documents indicated in this Dated: May 29, 2008. Airport, AK, and within 2.4 miles either side preamble as being available in the of the 255° bearing from the Deadhorse docket are part of docket USCG–2008– Robert S. Branham, Airport, AK, extending from the 4.1-mile 0428 and are available online at Rear Admiral, U.S. Coast Guard, Commander, radius to 7 miles west of the Deadhorse http://www.regulations.gov. They are Seventh Coast Guard District. Airport, AK. This Class E airspace area is also available for inspection or copying [FR Doc. E8–12804 Filed 6–5–08; 8:45 am] effective during the specific dates and times at two locations: The Docket BILLING CODE 4910–15–P established in advance by a Notice to Management Facility (M–30), U.S. Airmen. The effective date and time will Department of Transportation, West DEPARTMENT OF HOMELAND thereafter be continuously published in the Building Ground Floor, Room W12–140, SECURITY Airport/Facility Directory. 1200 New Jersey Avenue, SE., * * * * * Washington, DC 20590, between 9 a.m. Coast Guard and 5 p.m., Monday through Friday, Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or More Above the except Federal holidays, and the 33 CFR Part 117 Surface of the Earth. Commander (dpb), Seventh Coast Guard District, 909 SE., 1st Avenue, Room 432, [Docket No. USCG–2008–0450] * * * * * Miami, Florida 33131–3028 between 8 AAL AK E5 Deadhorse, AK [Revised] a.m. and 4:30 p.m., Monday through Drawbridge Operation Regulation; Sacramento River, Sacramento, CA Deadhorse, Deadhorse Airport, AK Friday, except Federal holidays. (Lat. 70°11′41″ N., long. 148°27′55″ W.) FOR FURTHER INFORMATION CONTACT: If AGENCY: Coast Guard, DHS. you have questions on this rule, call Mr. That airspace extending upward from 700 ACTION: Notice of temporary deviation feet above the surface within a 7-mile radius Barry Dragon, Bridge Branch, Seventh from regulations. of the Deadhorse Airport, AK; and that Coast Guard District, at 305–415–6743. airspace extending upward from 1,200 feet If you have questions on viewing the SUMMARY: The Commander, Eleventh above the surface within a 72-mile radius of docket, call Renee V. Wright, Program Coast Guard District, has issued a the Deadhorse Airport, AK. Manager, Docket Operations, telephone temporary deviation from the regulation 202–366–9826. * * * * * governing the operation of the Tower SUPPLEMENTARY INFORMATION: This Drawbridge across the Sacramento Issued in Anchorage, AK, on May 28, 2008. deviation was requested by Coastal River, mile 59.0, at Sacramento, Michael A. Tarr, Marine Construction representing California. The deviation is necessary to Acting Manager, Alaska Flight Services Florida Department of Transportation, allow the California Department of Information Area Group. the bridge owner, in order to complete Transportation (Caltrans) to conduct [FR Doc. E8–12585 Filed 6–5–08; 8:45 am] rehabilitation and painting of the bridge major roadwork on Interstate 5 through BILLING CODE 4910–13–P spans of the Spanish Boulevard Bridge, downtown Sacramento. This deviation mile 1044.9, of the Atlantic Intracoastal allows the drawspan to remain in the

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closed-to-navigation position during made to minimize impacts to Washington, DC 20590, between 9 a.m. rush hour time periods. commercial waterway traffic. There is and 5 p.m., Monday through Friday, DATES: This deviation is effective from no anticipated levee maintenance except Federal holidays, and the 6 a.m. on June 2, 2008 through 8 p.m. during this deviation period. No Commander, Seventh Coast Guard on July 14, 2008. objections to the proposed temporary District, 909 S.E. 1st Avenue, Room 432, ADDRESSES: Documents indicated in this deviation were raised. Miami, FL 33131–3028, between 7 a.m. preamble as being available in the Vessels that can transit the drawspan, and 4 p.m., Monday through Friday, docket are part of docket USCG–2008– while in the closed-to-navigation except Federal holidays. 0450 and are available online at position, may continue to do so at any http://www.regulations.gov. They are time. FOR FURTHER INFORMATION CONTACT: Mr. also available for inspection or copying In the event of an emergency the Michael Lieberum, Bridge Branch, at two locations: the Docket drawspan can be opened once road Seventh Coast Guard District, at 305– Management Facility (M–30), U.S. traffic is cleared. 415–6744. In accordance with 33 CFR 117.35(e), Department of Transportation, West SUPPLEMENTARY INFORMATION: The Building Ground Floor, Room W12–140, the drawbridge must return to its regular operating schedule immediately at the consultant Reynolds, Smith & Hills CS, 1200 New Jersey Avenue, SE., Inc. representing Florida Department of Washington, DC 20590, between 9 a.m. end of the designated time period. This Transportation, the bridge owner, has and 5 p.m., Monday through Friday, deviation from the operating regulations requested a temporary deviation from except Federal holidays, and is authorized under 33 CFR 117.35. Commander (dpw), Eleventh Coast the regulations governing the operations Dated: May 29, 2008. of the Davie Boulevard (SW Twelfth Guard District, Building 50–2, Coast J.E. Long, Guard Island, Alameda, CA 94501– Street) Bridge, New River (South Fork), Captain, U.S. Coast Guard, Acting mile 0.9, at Fort Lauderdale, FL, to 5100, between 8 a.m. and 4 p.m., Commander, Eleventh Coast Guard District. conduct minor repairs and painting. Monday through Friday, except Federal [FR Doc. E8–12802 Filed 6–5–08; 8:45 am] holidays. This bridge has a vertical clearance of BILLING CODE 4910–15–P FOR FURTHER INFORMATION CONTACT: 21 feet in the closed position at mean David H. Sulouff, Chief, Bridge Section, high water. The operating schedule for Eleventh Coast Guard District, DEPARTMENT OF HOMELAND this bridge is published in 33 CFR telephone (510) 437–3516. SECURITY 117.351(a) and requires the bridge to SUPPLEMENTARY INFORMATION: Caltrans open on signal, except that from 7:30 requested a temporary change to the Coast Guard a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., operation of the Tower Drawbridge, Monday through Friday, except Federal mile 59.0, across the Sacramento River, 33 CFR Part 117 holidays the bridge is allowed to remain at Sacramento, California. The Tower [Docket No. USCG–2008–0429] closed to navigation. This deviation will Drawbridge provides a vertical allow the bridge to be closed to clearance of 30 feet above Mean High Drawbridge Operation Regulation: New navigation from 7 a.m. to 1 p.m. and Water in the closed-to-navigation River (South Fork), Fort Lauderdale, FL from 4:30 p.m. to 6 p.m., Monday position. The drawspan opens on signal through Friday; effective on June 1, AGENCY: Coast Guard, DHS. from May 1 through October 31 from 6 2008 and running through June 30, a.m. to 10 p.m. and from November 1 ACTION: Notice of temporary deviation 2008. This deviation will allow a through April 30 from 9 a.m. to 5 p.m. from regulations. horizontal clearance reduction to 25 feet At all other times the drawspan shall SUMMARY: The Commander, Seventh between the maintenance barge that will open on signal if at least four hours be used as a working platform and the notice is given, as required by 33 CFR Coast Guard District, has issued a temporary deviation from the regulation bridge fender system from 7 a.m. to 1 117.189. Navigation on the waterway is p.m., Monday through Friday. The U.S. commercial and recreational. The governing the operation of the Davie Boulevard (SW Twelfth Street) Bridge, Coast Guard, Florida Department of drawspan will be secured in the closed- Transportation and the Marine to-navigation position from 6 a.m. to 10 New River (South Fork), mile 0.9, at Industries Association of South Florida a.m. and from 3 p.m. to 8 p.m. June 2, Fort Lauderdale, FL. The deviation is have determined that these dates and 2008 through June 6, 2008; June 16, necessary to provide for the safety of 2008 through June 20, 2008; June 27, workers in conducting maintenance on times should have the least impact on 2008; June 30, 2008 through July 2, the bridge. This deviation allows the navigation. Vessels requiring less than 2008; July 9, 2008 through July 11, 2008; bridge to remain closed during limited 21 feet of vertical clearance and less and July 14, 2008. Special provisions hours of the day. than 25 feet of horizontal clearance shall have been made to accommodate DATES: This deviation is effective from be passed at any time. There is no commercial waterway traffic. The 7 a.m. on June 1, 2008 through 6 p.m. alternate route for vessels in this drawspan shall open for vessels at 6 June 30, 2008. location. The contractor has assured the p.m. on each Friday during the ADDRESSES: Documents indicated in the Coast Guard that they can open the deviation period and at 6 p.m. on June preamble as being available in the bridge within 15 minutes in the event of 3, 2008 and June 5, 2008. docket are part of docket USCG–2008– an emergency. These closures will allow an 0429 and are available online at In accordance with 33 CFR 117.35(e), unimpeded alternate route for rush hour http://www.regulations.gov. They are the drawbridge must return to its regular commuter traffic, across the Tower also available for inspection or copying operating schedule immediately at the Drawbridge, during major construction at two locations: The Docket end of the designated time period. This work on Interstate 5 through downtown Management Facility (M–30), U.S. deviation from the operating regulations Sacramento. This temporary deviation Department of Transportation, West is authorized under 33 CFR 117.35. has been coordinated with waterway Building Ground Floor, Room W12–140, users. Adjustments to the schedule were 1200 New Jersey Avenue, SE.,

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Dated: May 29, 2008. Implementation: Effective September ENVIRONMENTAL PROTECTION Robert S. Branham, 11, 2008, mailers must prepare pallets, AGENCY Rear Admiral, U.S. Coast Guard, Commander, containing presort bundles with all Seventh Coast Guard District. addresses facing up, under revised 40 CFR Part 52 [FR Doc. E8–12800 Filed 6–5–08; 8:45 am] DMM 705.8.5.6. We encourage mailers [EPA–R03–OAR–2008–0097; FRL–8576–4] BILLING CODE 4910–15–P to make these changes as soon as possible, but no later than September Approval and Promulgation of Air 11, 2008. Quality Implementation Plans; POSTAL SERVICE Pennsylvania; Section 110(a)(1) 8-Hour List of Subjects in 39 CFR Part 111 Ozone Maintenance Plan and 2002 39 CFR Part 111 Base-Year Inventory for the Wayne Administrative practice and County Area Address Facing Standards for Presort procedure, Postal Service. AGENCY: Environmental Protection Bundles on Pallets I Accordingly, 39 CFR part 111 is Agency (EPA). AGENCY: amended as follows: Postal Service. ACTION: Final rule. ACTION: Final rule. PART 111—[AMENDED] SUMMARY: EPA is approving a State SUMMARY: The Postal Service is revising Implementation Plan (SIP) revision the mailing standards requiring mailers I 1. The authority citation for 39 CFR submitted by the Commonwealth of to place presort bundles on pallets with part 111 continues to read as follows: Pennsylvania. The Pennsylvania the addresses facing up. Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, Department of Environmental Protection DATES: Effective Date: September 11, 401, 403, 404, 414, 416, 3001–3011, 3201– (PADEP) submitted a SIP revision 2008. 3219, 3403–3406, 3621, 3622, 3626, 3633, consisting of a maintenance plan that FOR FURTHER INFORMATION CONTACT: and 5001. provides for continued attainment of the Kevin Gunther at 202–268–7208. 8-hour ozone national ambient air I SUPPLEMENTARY INFORMATION: The Postal 2. Revise the following sections of quality standard (NAAQS) for at least 10 Service is in the process of Mailing Standards of the United States years after the April 30, 2004, implementing technological changes to Postal Service, Domestic Mail Manual designations, as well as, a 2002 base- automate delivery sequencing for flat- (DMM) as follows: year inventory for the Wayne County Area. EPA is approving the maintenance size mail, through the deployment of the Mailing Standards of the United States Flats Sequencing System (FSS). FSS plan and the 2002 base-year inventory Postal Service, Domestic Mail Manual will sort flat-size mailpieces into for the Wayne County Area as revisions (DMM) delivery sequence, increasing the to the Pennsylvania SIP in accordance efficiency of letter carriers by reducing * * * * * with the requirements of the Clean Air time in sorting mail, and allowing Act (CAA). delivery to begin earlier in the day. 700 Special Standards DATES: Effective Date: This final rule is Placement of presort bundles on * * * * * effective on July 7, 2008. pallets with the address side up is ADDRESSES: EPA has established a needed to improve efficiencies in 705 Advanced Preparation and docket for this action under Docket ID today’s processing environment and for Special Postage Payment Systems Number EPA–R03–OAR–2008–0097. All automated preparation and induction * * * * * documents in the docket are listed in for FSS in the future. the www.regulations.gov Web site. In today’s processing applications, 8.0 Preparing Pallets Although listed in the electronic docket, some information is not publicly this new standard will aid in validating * * * * * that bundles are placed on the correct available, i.e., confidential business pallet, improving the manual 8.5 General Preparation information (CBI) or other information whose disclosure is restricted by statute. distribution of these bundles. * * * * * Comments Received: We received one Certain other material, such as comment on the proposal, from a 8.5.6 Mail on Pallets copyrighted material, is not placed on commercial printer. The commenter the Internet and will be publicly recommended we revise the proposal to * * * * * available only in hard copy form. allow one or two columns of bundles to [Add new item i to clarify that presort Publicly available docket materials are be placed on their edge to maximize the bundles on pallets must be placed face available either electronically through ‘‘footprint’’ of mail that can be placed up as follows:] www.regulations.gov or in hard copy for on a pallet. i. All presort bundles on pallets must public inspection during normal business hours at the Air Protection Pallets containing bundles placed on be placed with the addresses facing up. their edge will not maintain their Division, U.S. Environmental Protection integrity as well as pallets containing * * * * * Agency, Region III, 1650 Arch Street, bundles that all lie flat. Allowing Neva R. Watson, Philadelphia, Pennsylvania 19103. bundles on their edge would also lessen Copies of the State submittal are Attorney, Legislative. our ability to read the address side of a available at the Pennsylvania bundle, which is one objective of this [FR Doc. E8–12148 Filed 6–5–08; 8:45 am] Department of Environment Protection, standard change. In addition, we plan to BILLING CODE 7710–12–P Bureau of Air Quality Control, P.O. Box use automated preparation stations to 8468, 400 Market Street, Harrisburg, support FSS, which require bundles to Pennsylvania 17105. lie flat on pallets. Therefore, we have FOR FURTHER INFORMATION CONTACT: decided not to adopt the Gregory Becoat, (215) 814–2036, or by e- recommendation. mail at [email protected].

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SUPPLEMENTARY INFORMATION: of the Paperwork Reduction Act (44 the U.S. House of Representatives, and U.S.C. 3501 et seq.); the Comptroller General of the United I. Background • Is certified as not having a States prior to publication of the rule in On April 14, 2008 (73 FR 20002), EPA significant economic impact on a the Federal Register. A major rule published a notice of proposed substantial number of small entities cannot take effect until 60 days after it rulemaking (NPR) for the under the Regulatory Flexibility Act (5 is published in the Federal Register. Commonwealth of Pennsylvania. The U.S.C. 601 et seq.); This action is not a ‘‘major rule’’ as NPR proposed approval of • Does not contain any unfunded defined by 5 U.S.C. 804(2). mandate or significantly or uniquely Pennsylvania’s SIP revision that C. Petitions for Judicial Review establishes a maintenance plan for the affect small governments, as described Wayne County Area that provides for in the Unfunded Mandates Reform Act Under section 307(b)(1) of the Clean continued attainment of the 8-hour of 1995 (Pub. L. 104–4); Air Act, petitions for judicial review of ozone NAAQS for at least 10 years after • Does not have Federalism this action must be filed in the United designation, and a 2002 base-year implications as specified in Executive States Court of Appeals for the emissions inventory. The formal SIP Order 13132 (64 FR 43255, August 10, appropriate circuit by August 5, 2008. revisions were submitted by PADEP on 1999); Filing a petition for reconsideration by December 17, 2007. Other specific • Is not an economically significant the Administrator of this final rule does requirements of Pennsylvania’s SIP regulatory action based on health or not affect the finality of this action for revision and the rationales for EPA’s safety risks subject to Executive Order the purposes of judicial review nor does proposed actions are explained in the 13045 (62 FR 19885, April 23, 1997); it extend the time within which a NPR and will not be restated here. No • Is not a significant regulatory action petition for judicial review may be filed, public comments were received on the subject to Executive Order 13211 (66 FR and shall not postpone the effectiveness NPR. 28355, May 22, 2001); of such rule or action. • This action approving the II. Final Action Is not subject to requirements of Section 12(d) of the National maintenance plan and the 2002 base- EPA is approving the maintenance Technology Transfer and Advancement year inventory for the Wayne County plan and the 2002 base-year inventory Act of 1995 (15 U.S.C. 272 note) because Area may not be challenged later in for the Wayne County Area, submitted application of those requirements would proceedings to enforce its requirements. on December 17, 2007, as revisions to be inconsistent with the Clean Air Act; (See section 307(b)(2).) the Pennsylvania SIP. EPA is approving and List of Subjects in 40 CFR Part 52 the maintenance plan and 2002 base- • Does not provide EPA with the year inventory for the Wayne County discretionary authority to address, as Environmental protection, Air Area because it meets the requirements appropriate, disproportionate human pollution control, Incorporation by of section 110(a)(1) of the CAA. health or environmental effects, using reference, Nitrogen dioxide, Ozone, practicable and legally permissible Reporting and recordkeeping III. Statutory and Executive Order methods, under Executive Order 12898 requirements, Volatile organic Reviews (59 FR 7629, February 16, 1994). compounds. A. General Requirements In addition, this rule does not have Dated: May 28, 2008. tribal implications as specified by Under the Clean Air Act, the William T. Wisniewski, Executive Order 13175 (65 FR 67249, Administrator is required to approve a Acting Regional Administrator, Region III. November 9, 2000), because the SIP is SIP submission that complies with the I not approved to apply in Indian country 40 CFR part 52 is amended as follows: provisions of the Act and applicable located in the state, and EPA notes that Federal regulations. 42 U.S.C. 7410(k); PART 52—[AMENDED] it will not impose substantial direct 40 CFR 52.02(a). Thus, in reviewing SIP costs on tribal governments or preempt I 1. The authority citation for part 52 submissions, EPA’s role is to approve tribal law. continues to read as follows: state choices, provided that they meet the criteria of the Clean Air Act. B. Submission to Congress and the Authority: 42 U.S.C. 7401 et seq. Accordingly, this action merely Comptroller General Subpart NN—Pennsylvania approves state law as meeting Federal The Congressional Review Act, 5 requirements and does not impose U.S.C. 801 et seq., as added by the Small I 2. In § 52.2020, the table in paragraph additional requirements beyond those Business Regulatory Enforcement (e)(1) is amended by adding an entry for imposed by state law. For that reason, Fairness Act of 1996, generally provides the 8–Hour Ozone Maintenance Plan this action: that before a rule may take effect, the and 2002 Base-Year Inventory for • Is not a ‘‘significant regulatory agency promulgating the rule must Wayne County at the end of the table to action’’ subject to review by the Office submit a rule report, which includes a read as follows: of Management and Budget under copy of the rule, to each House of the Executive Order 12866 (58 FR 51735, Congress and to the Comptroller General § 52.2020 Identification of plan. October 4, 1993); of the United States. EPA will submit a * * * * * • Does not impose an information report containing this action and other (e) * * * collection burden under the provisions required information to the U.S. Senate, (1) * * *

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State sub- Additional Name of non-regulatory SIP revision Applicable geographic area mittal date EPA approval date explanation

******* 8–Hour Ozone Maintenance Plan Wayne County ...... 12/17/2007 .. June 6, 2008 [Insert page number and 2002 Base-Year Inventory. where the document begins].

* * * * * unless the comment includes I. The State’s Submittal Confidential Business Information [FR Doc. E8–12589 Filed 6–5–08; 8:45 am] A. What rule did the State submit? BILLING CODE 6560–50–P (CBI) or other information whose disclosure is restricted by statute. SMAQMD Rule 105, Emission Information that you consider CBI Statement, was adopted by the ENVIRONMENTAL PROTECTION or otherwise protected should be SMAQMD on September 5, 1996, and AGENCY clearly identified as such and submitted by the California Air should not be submitted through Resources Board (CARB) on May 18, 40 CFR Part 52 http://www.regulations.gov or e- 1998. On July 17, 1998, the rule submittal [EPA–R09–OAR–2008–0228; FRL–8567–4] mail. http://www.regulations.gov is an ‘‘anonymous access’’ system, was found to meet the completeness criteria in 40 CFR Part 51, Appendix V, Revisions to the California State and EPA will not know your which must be met before formal EPA Implementation Plan, Sacramento identity or contact information review. Metropolitan Air Quality Management unless you provide it in the body of District your comment. If you send e-mail B. Are there other versions of this rule? directly to EPA, your e-mail address The previous version of Rule 105 was AGENCY: Environmental Protection will be automatically captured and Agency (EPA). adopted on May 20, 1993, and CARB included as part of the public submitted it to us on November 18, ACTION: Direct final rule. comment. If EPA cannot read your 1993. We approved this version of Rule comment due to technical SUMMARY: EPA is taking direct final 105 into the SIP on May 26, 2004 (69 FR difficulties and cannot contact you 29880). action to approve revisions to the for clarification, EPA may not be Sacramento Metropolitan Air Quality able to consider your comment. C. What is the purpose of the submitted Management District (SMAQMD) rule? portion of the California State Docket: The index to the docket for Section 110(a) of the CAA requires Implementation Plan (SIP). Under this action is available electronically at states to submit regulations that control authority of the Clean Air Act as http://www.regulations.gov and in hard volatile organic compounds (VOC), amended in 1990 (CAA or the Act), we copy at EPA Region IX, 75 Hawthorne oxides of nitrogen (NO ), particulate are approving a local rule that requires Street, San Francisco, California. While X matter, and other air pollutants which submission of emission statements from all documents in the docket are listed in harm human health and the stationary sources that emit volatile the index, some information may be environment. SMAQMD Rule 105 was organic compounds and oxides of publicly available only at the hard copy developed as part of the local agency’s nitrogen. location (e.g., copyrighted material), and some may not be publicly available in program to control these pollutants. It DATES: This rule is effective on August either location (e.g., CBI). To inspect the was also developed to establish the 5, 2008 without further notice, unless hard copy materials, please schedule an requirement for stationary sources of EPA receives adverse comments by July appointment during normal business VOC and NOX to submit emission 7, 2008. If we receive such comments, hours with the contact listed in the FOR statements, as required by the CAA. we will publish a timely withdrawal in FURTHER INFORMATION CONTACT section. EPA’s technical support document the Federal Register to notify the public (TSD) has more information about this that this direct final rule will not take FOR FURTHER INFORMATION CONTACT: Mae rule. effect. Wang, EPA Region IX, (415) 947–4124, [email protected]. II. EPA’s Evaluation and Action ADDRESSES: Submit comments, identified by docket number EPA–R09– SUPPLEMENTARY INFORMATION: A. How is EPA evaluating the rule? OAR–2008–0228, by one of the Throughout this document, ‘‘we,’’ ‘‘us’’ This rule contains administrative following methods: and ‘‘our’’ refer to EPA. requirements that support SMAQMD’s 1. Federal eRulemaking Portal: Table of Contents program to implement the CAA and http://www.regulations.gov. Follow the control emissions of VOC and NOX. In on-line instructions. I. The State’s Submittal combination with the other 2. E-mail: [email protected]. A. What rule did the State submit? requirements, this rule must be B. Are there other versions of this rule? 3. Mail or deliver: Andrew Steckel enforceable (see section 110(a) of the (AIR–4), U.S. Environmental Protection C. What is the purpose of the submitted rule? Act) and must not relax existing Agency Region IX, 75 Hawthorne Street, requirements (see sections 110(l) and San Francisco, CA 94105–3901. II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? 193). EPA policy that we use to help Instructions: All comments will be B. Does the rule meet the evaluation evaluate enforceability requirements included in the public docket criteria? consistently includes the Bluebook without change and may be made C. EPA recommendations to further (‘‘Issues Relating to VOC Regulation available online at http:// improve the rule Cutpoints, Deficiencies, and www.regulations.gov, including any D. Public comment and final action Deviations,’’ EPA, May 25, 1988) and personal information provided, III. Statutory and Executive Order Reviews the Little Bluebook (‘‘Guidance

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Document for Correcting Common VOC of the Paperwork Reduction Act (44 this action must be filed in the United & Other Rule Deficiencies,’’ EPA Region U.S.C. 3501 et seq.); States Court of Appeals for the 9, August 21, 2001). • Is certified as not having a appropriate circuit by August 5, 2008. significant economic impact on a Filing a petition for reconsideration by B. Does the rule meet the evaluation substantial number of small entities the Administrator of this final rule does criteria? under the Regulatory Flexibility Act (5 not affect the finality of this action for We believe this rule is consistent with U.S.C. 601 et seq.); the purposes of judicial review nor does the relevant policy and guidance • Does not contain any unfunded it extend the time within which a regarding enforceability and SIP mandate or significantly or uniquely petition for judicial review may be filed, relaxations. The TSD has more affect small governments, as described and shall not postpone the effectiveness information on our evaluation. in the Unfunded Mandates Reform Act of such rule or action. This action may of 1995 (Pub. L. 104–4); not be challenged later in proceedings to C. EPA Recommendations To Further • Improve the Rule Does not have Federalism enforce its requirements (see section implications as specified in Executive 307(b)(2)). The TSD describes additional rule Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52 revisions that do not affect EPA’s 1999); current action but are recommended for • Is not an economically significant Environmental protection, Air the next time the local agency modifies regulatory action based on health or pollution control, Incorporation by the rule. safety risks subject to Executive Order reference, Intergovernmental relations, D. Public Comment and Final Action 13045 (62 FR 19885, April 23, 1997); Nitrogen dioxide, Ozone, Reporting and • Is not a significant regulatory action recordkeeping requirements, Volatile As authorized in section 110(k)(3) of subject to Executive Order 13211 (66 FR organic compounds. the Act, EPA is fully approving the 28355, May 22, 2001); submitted rule because we believe it Dated: April 11, 2008. • Is not subject to requirements of fulfills all relevant requirements. We do Jane Diamond, Section 12(d) of the National not think anyone will object to this Acting Regional Administrator, Region IX. Technology Transfer and Advancement approval, so we are finalizing it without I Act of 1995 (15 U.S.C. 272 note) because Part 52, Chapter I, Title 40 of the Code proposing it in advance. However, in application of those requirements would of Federal Regulations is amended as the Proposed Rules section of this be inconsistent with the Clean Air Act; follows: Federal Register, we are simultaneously and proposing approval of the same PART 52—[AMENDED] • Does not provide EPA with the submitted rule. If we receive adverse discretionary authority to address, as I 1. The authority citation for part 52 comments by July 7, 2008, we will appropriate, disproportionate human continues to read as follows: publish a timely withdrawal in the health or environmental effects, using Federal Register to notify the public Authority: 42 U.S.C. 7401 et seq. practicable and legally permissible that the direct final approval will not methods, under Executive Order 12898 Subpart F—California take effect and we will address the (59 FR 7629, February 16, 1994). comments in a subsequent final action I 2. Section 52.220 is amended by based on the proposal. If we do not In addition, this rule does not have tribal implications as specified by adding paragraphs (c)(255)(i)(A)(6) to receive timely adverse comments, the read as follows: direct final approval will be effective Executive Order 13175 (65 FR 67249, without further notice on August 5, November 9, 2000), because the SIP is § 52.220 Identification of plan. not approved to apply in Indian country 2008. This will incorporate the rule into * * * * * the federally enforceable SIP. located in the State, and EPA notes that (c) * * * it will not impose substantial direct (255) * * * III. Statutory and Executive Order costs on tribal governments or preempt Reviews (i) * * * tribal law. (A) * * * Under the Clean Air Act, the The Congressional Review Act, 5 (6) Rule 105, Emission Statement, Administrator is required to approve a U.S.C. 801 et seq., as added by the Small adopted on April 20, 1993, and SIP submission that complies with the Business Regulatory Enforcement amended September 5, 1996. Fairness Act of 1996, generally provides provisions of the Act and applicable * * * * * Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the [FR Doc. E8–12474 Filed 6–5–08; 8:45 am] 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must submissions, EPA’s role is to approve submit a rule report, which includes a BILLING CODE 6560–50–P state choices, provided that they meet copy of the rule, to each House of the the criteria of the Clean Air Act. Congress and to the Comptroller General Accordingly, this action merely of the United States. EPA will submit a FEDERAL COMMUNICATIONS approves state law as meeting Federal report containing this action and other COMMISSION required information to the U.S. Senate, requirements and does not impose 47 CFR Part 73 additional requirements beyond those the U.S. House of Representatives, and imposed by state law. For that reason, the Comptroller General of the United [DA 08–1185; MB Docket No. 08–30; RM– this action: States prior to publication of the rule in 11419] • Is not a ‘‘significant regulatory the Federal Register. A major rule action’’ subject to review by the Office cannot take effect until 60 days after it Television Broadcasting Services; of Management and Budget under is published in the Federal Register. Riverside, CA Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as AGENCY: Federal Communications October 4, 1993); defined by 5 U.S.C. 804(2). Commission. • Does not impose an information Under section 307(b)(1) of the Clean ACTION: Final rule. collection burden under the provisions Air Act, petitions for judicial review of

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SUMMARY: This document grants a than 25 employees,’’ pursuant to the § 73.622 Digital television table of channel substitution for KRCA–DT, Small Business Paperwork Relief Act of allotments. Riverside, California, from Channel 45 2002, Public Law 107–198, see 44 U.S.C. * * * * * to Channel 35. 3506(c)(4). Provisions of the Regulatory (i) * * * DATES: The channel substitution is Flexibility Act of l980 do not apply to effective July 5, 2008. this proceeding. Community Channel FOR FURTHER INFORMATION CONTACT: The Commission will send a copy of Shaun A. Maher, Media Bureau, (202) this Report and Order in a report to be 418–1600. sent to Congress and the Government ***** SUPPLEMENTARY INFORMATION: This is a Accountability Office pursuant to the CALIFORNIA: synopsis of the Commission’s Report Congressional Review Act, see 5 U.S.C. and Order, MB Docket No. 08–30, 801(a)(1)(A). adopted May 21, 2008, and released ***** May 21, 2008. The full text of this List of Subjects in 47 CFR Part 73 Commission decision is available for Riverside ...... 35 inspection and copying during normal Television, Television broadcasting. * * * * * business hours in the FCC’s Reference I For the reasons discussed in the Information Center at Portals II, CY– preamble, the Federal Communications Federal Communications Commission. A257, 445 Twelfth Street, SW., Commission proposes to amend 47 CFR Barbara A. Kreisman, Washington, DC 20554. This document part 73 as follows: may also be purchased from the Chief, Video Division, Media Bureau. [FR Doc. E8–12750 Filed 6–5–08; 8:45 am] Commission’s duplicating contractors, PART 73—RADIO BROADCAST Best Copy and Printing, Inc., 445 12th SERVICES BILLING CODE 6712–01–P Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– I 1. The authority citation for part 73 800–378–3160 or via e-mail continues to read as follows: www.BCPIWEB.com. This document does not contain proposed information Authority: 47 U.S.C. 154, 303, 334, 336. collection requirements subject to the Paperwork Reduction Act of 1995, I 2. Section 73.622(i), the post- Public Law 104–13. In addition, transition DTV Table of Allotments is therefore, it does not contain any amended by revising the entry for proposed information collection burden ‘‘Riverside’’ under ‘‘California’’ to read ‘‘for small business concerns with fewer as follows:

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Proposed Rules Federal Register Vol. 73, No. 110

Friday, June 6, 2008

This section of the FEDERAL REGISTER public meeting, and should be additional information regarding contains notices to the public of the proposed submitted by July 7, 2008. visiting the Resource Room. issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: Mr. purpose of these notices is to give interested ADDRESSES: The public meeting will be persons an opportunity to participate in the held at the U.S. Department of Energy, Wes Anderson, U.S. Department of rule making prior to the adoption of the final Forrestal Building, Room 1E–245, 1000 Energy, Office of Energy Efficiency and rules. Independence Avenue, SW., Renewable Energy, Building Washington, DC 20585–0121. Please Technologies, EE–2J, 1000 note that foreign nationals participating Independence Avenue, SW., DEPARTMENT OF ENERGY in the public meeting are subject to Washington, DC 20585–0121. advance security screening procedures. Telephone: (202) 586–7335. E-mail: 10 CFR Part 430 If a foreign national wishes to [email protected]. Mr. Eric Stas or Mr. Michael Kido, [Docket No. EERE–2008–BT–STD–0006] participate in the public meeting, please inform DOE of this fact as soon as U.S. Department of Energy, Office of the RIN 1904–AB47 possible by contacting Ms. Brenda General Counsel, GC–72, 1000 Edwards at (202) 586–2945 so that the Independence Avenue, SW., Energy Efficiency Program for necessary procedures can be completed. Washington, DC 20585–0121. Consumer Products: Public Meeting Stakeholders may submit comments, Telephone: (202) 586–9507. E-mail: and Availability of the Framework identified by docket number EERE– [email protected] or Document for Residential Central Air 2008–BT–STD–0006 and/or Regulation [email protected]. Conditioners and Heat Pumps Identifier Number (RIN) 1904–AB47, by For information on how to submit or review public comments and on how to AGENCY: Office of Energy Efficiency and any of the following methods: • Federal eRulemaking Portal: http:// participate in the public meeting, Renewable Energy, Department of contact Ms. Brenda Edwards, U.S. Energy. www.regulations.gov. Follow the instructions for submitting comments. Department of Energy, Office of Energy ACTION: Notice of public meeting and Efficiency and Renewable Energy, • E-mail: availability of the Framework Building Technologies Program, EE–2J, [email protected]. Include Document. 1000 Independence Avenue, SW., EERE–2008–BT–STD–0006 and/or RIN Washington, DC, 20585–0121. SUMMARY: The Department of Energy 1904–AB47 in the subject line of the Telephone (202) 586–2945. E-mail: (DOE) is initiating the rulemaking and message. [email protected]. data collection process to consider • Mail: Ms. Brenda Edwards, U.S. establishing amended energy Department of Energy, Building SUPPLEMENTARY INFORMATION: Part A 1 of conservation standards for residential Technologies Program, Mailstop EE–2J, Title III of the Energy Policy and central air conditioners and heat pumps. Framework Document for Central Air Conservation Act of 1975 (EPCA), Accordingly, DOE will hold an informal Conditioners and Heat Pumps, EERE– Public Law 94–163, as amended by the public meeting to discuss and receive 2008–BT–STD–0006 and/or RIN 1904– National Energy Conservation Policy comments on its planned analytical AB47, 1000 Independence Avenue, SW., Act, Public Law 95–619, the National approach and issues it will address in Washington, DC 20585–0121. Please Appliance Energy Conservation Act of this rulemaking proceeding. DOE submit one signed paper original. 1987, Public Law 100–12, the National welcomes written comments from the • Hand Delivery/Courier: Ms. Brenda Appliance Energy Conservation public on this rulemaking. To inform Edwards, U.S. Department of Energy, Amendments of 1988, Public Law 100– stakeholders and to facilitate this Building Technologies Program, Sixth 357, and the Energy Policy Act of 1992, process, DOE has prepared a Framework Floor, 950 L’Enfant Plaza, SW., Public Law 102–486, created the Document which details the analytical Washington, DC 20024. Please submit ‘‘Energy Conservation Program for approach and identifies several issues one signed paper original. Consumer Products Other than on which DOE is particularly interested Instructions: All submissions received Automobiles.’’ (42 U.S.C. 6291–6309) in receiving comment. A copy of the must include the agency name and The consumer products subject to this Framework Document is available at: docket number or RIN for this program include residential central air http://www.eere.energy.gov/buildings/ rulemaking found at the beginning of conditioners and central air _ appliance standards/residential/ this notice. conditioning heat pumps (hereafter _ _ referred to as central air conditioners central ac hp.html. Docket: For access to the docket to and heat pumps). DATES: read background documents, a copy of The Department will hold a The National Appliance Energy the transcript of the public meeting, or public meeting on June 12, 2008, from Conservation Act of 1987 (NAECA) comments received, go to the U.S. 9 a.m. to 4 p.m. in Washington, DC. Any established energy conservation Department of Energy, Resource Room person requesting to speak at the public standards for central air conditioners of the Building Technologies Program, meeting should submit such request and heat pumps as well as requirements Sixth Floor, 950 L’Enfant Plaza, SW., along with a signed original and an for determining whether these standards Washington, DC 20024, (202) 586–2945, electronic copy of the statement to be should be amended. Specifically, given at the public meeting before 4 between 9 a.m. and 4 p.m., Monday p.m., June 11, 2008. Written comments through Friday, except Federal holidays. 1 This part was originally titled Part B; however, on the Framework Document are Please call Ms. Brenda Edwards first at it was redesignated Part A after Part B was repealed welcome, especially following the the above telephone number for by Pub. L. 109–58.

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NAECA established energy conservation January 2006. This report included a process as it applies to central air standards for central air conditioners schedule for the completion of the conditioners and heat pumps, and and heat pumps in the form of second rulemaking cycle of revised solicit public comments, data, and minimum limits on the seasonal energy standards for central air conditioners information from participants and other efficiency ratio (SEER) for air and heat pumps, which called for DOE stakeholders. conditioners and for heat pumps to publish a final rule by June 2011, The Department encourages those operating in the cooling mode, and on with a standards compliance effective who wish to participate in the public the heating seasonal performance factor date of June 2016. In separate court meeting to obtain the Framework (HSPF) for heat pumps operating in the proceedings (New York, v. Bodman, No. Document and to be prepared to discuss heating mode.2 NAECA established the 05 Civ. 7807 (S.D.N.Y. filed Sept. 7, its contents. A copy of the draft following standards for central air 2005) and Natural Resources Defense Framework Document is available at: conditioners and heat pumps: 10.0 Council v. Bodman, No. 05 Civ. 7808 http://www.eere.energy.gov/buildings/ SEER/6.8 HSPF for split systems and 9.7 (S.D.N.Y. filed Sept. 7, 2005), the appliance_standards/residential/ SEER/6.6 HSPF for single-package resulting consent decree (filed central_ac_hp.html systems. These standards became November 6, 2006) adopted the Public meeting participants need not effective January 1, 1992 for split schedule for central air conditioners and limit their comments to the issues systems; standards for single-package heat pumps that DOE published in the identified in the Framework Document. systems came into effect one year later. January 2006 report to Congress (i.e., The Department is also interested in See 42 U.S.C. 6295(d)(1)(A)–(B) and publication of a final rule by June 30, receiving views concerning other (2)(A)–(B). NAECA also required that 2011). This Framework Document relevant issues that participants believe DOE conduct two cycles of rulemakings initiates this second rulemaking cycle would affect energy conservation to determine if more stringent standards for central air conditioners and heat standards for these products and are economically justified and pumps. applicable test procedures. Furthermore, technologically feasible. (42 U.S.C. More recently, EPCA was amended by the Department welcomes all interested 6295(d)(3)(A)–(B)) the Energy Independence and Security parties, whether or not they participate Pursuant to 42 U.S.C. 6295(b)(3)(A), Act of 2007 (EISA 2007), Public Law in the public meeting, to submit in DOE published a final rule in the 110–140. In section 306 of EISA 2007, writing by July 7, 2008, comments and Federal Register on January 22, 2001 Congress directed DOE to consider information on matters addressed in the (2001 final rule), amending the energy regional standards for central air Framework Document and on other conservation standards for central air conditioners and heat pumps (among matters relevant to consideration of conditioners and heat pumps. 66 FR other products), for one or two regions standards for central air conditioners 7170. The amended standards increased in addition to a base national standard. and heat pumps. the minimum SEER to 13 and the (42 U.S.C. 6295(o)(6)) EISA 2007 states The public meeting will be conducted in an informal, facilitated, conference minimum HSPF to 7.7, excluding that in considering regional standards, style. There shall be no discussion of through-the-wall and space-constrained DOE may consider regions made up of proprietary information, costs or prices, systems.3 Id. This final rule constituted contiguous States only. Further, in market shares, or other commercial the first cycle of revised standards for section 310 of EISA 2007, Congress matters regulated by U.S. antitrust laws. central air conditioners and heat pumps. directed DOE to consider amended test EPCA was further amended by the procedures and standards for standby- A court reporter will record the proceedings of the public meeting, after Energy Policy Act of 2005 (EPACT), mode and off-mode energy consumption which a transcript will be made Public Law 109–58. In Section 141 of by covered equipment (such as central available for purchase from the court EPACT, Congress directed DOE to air conditioners and heat pumps) for reporter and available on the above- submit an initial report regarding a plan any standard published after July 1, 2010. (42 U.S.C. 6295(gg)(3)) Because referenced Web site. for expeditiously prescribing new or After the public meeting and the close revised standards. Pursuant to section this energy conservation standards rulemaking for central air conditioners of the comment period on the 141 of EPACT, DOE submitted an Framework Document, DOE will begin implementation report 4 to Congress in and heat pumps will be completed in 2011, the requirement to incorporate collecting data, conducting the analyses as discussed in the Framework 2 NAECA established the following standards for standby-mode and off-mode energy use central air conditioners and heat pumps: 10.0 into the energy conservation standards Document and at the public meeting, SEER/6.8 HSPF for split systems, 9.7 SEER/6.6 analysis is applicable. and reviewing the comments received. HSPF for single-package systems. To initiate the second rulemaking DOE considers public participation to 3 Shortly after the publication of the 2001 final cycle to consider amended energy be a very important part of the process rule, DOE postponed the effective date of the rule for setting energy conservation to take time to reconsider the amended standards conservation standards for central air for central air conditioners and heat pumps. DOE conditioners and heat pumps, DOE has standards. DOE actively encourages the eventually promulgated a 12 SEER standard in a prepared a Framework Document to participation and interaction of the final rule published in the Federal Register May 23, explain the issues, analyses, and public during the comment period in 2002 (2002 final rule; 67 FR 36368), but the U.S. each stage of the rulemaking process. Court of Appeals for the Second Circuit ruled that processes it anticipates using for the DOE had done so improperly. Natural Resources development of potential energy Beginning with the Framework Defense Council v. Abraham, 355 F.3d 179 (2d Cir. conservation standards for central air Document, and during each subsequent 2004). As a result, DOE published a technical conditioners and heat pumps. As noted public meeting and comment period, amendment in the Federal Register on August 17, above, DOE will hold a public meeting interactions with and between members 2004, which established a 13 SEER standard for all central air conditioners and heat pumps, excluding on June 12, 2008 in Washington, DC, the of the public provide a balanced through-the-wall and space-constrained systems. 69 main focus of which will be to discuss discussion of the issues to assist DOE FR 50997. the analyses presented and issued with the standards rulemaking process. 4 Energy Conservation Standards Activities, identified in the Framework Document. Accordingly, anyone who would like to January 2006. This document can be downloaded from the DOE Web site at:http:// At the public meeting, the Department participate in the public meeting, www.eere.energy.gov/buildings/ will make a number of presentations, receive meeting materials, or be added appliance_standards/2006_schedule_setting.html. invite discussion on the rulemaking to the DOE mailing list to receive future

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notices and information regarding this • Hand Delivery: U.S. Department of consequent forced landing of the rulemaking on central air conditioners Transportation, Docket Operations, M– airplane. and heat pumps, should contact Ms. 30, West Building Ground Floor, Room FAA’s Conclusions Brenda Edwards at (202) 586–2945, or W12–140, 1200 New Jersey Avenue, SE., via e-mail at: Washington, DC 20590, between 9 a.m. We have determined that it is [email protected]. and 5 p.m., Monday through Friday, necessary to require an operational test Issued in Washington, DC, on June 2, 2008. except Federal holidays. of the engine fuel suction feed of the Alexander A. Karsner, For service information identified in fuel system, and other related testing, as Assistant Secretary, Energy Efficiency and this AD, contact Boeing Commercial applicable. Procedures for doing the Renewable Energy. Airplanes, P.O. Box 3707, Seattle, operational test can be found in the [FR Doc. E8–12753 Filed 6–5–08; 8:45 am] Washington 98124–2207. maintenance manual. The other related BILLING CODE 6450–01–P Examining the AD Docket testing is for airplanes on which deterioration in the engine RPM is You may examine the AD docket on found on one or both of the engines the Internet at http:// DEPARTMENT OF TRANSPORTATION during the operational test. Failure of www.regulations.gov; or in person at the the engine fuel suction feed of the fuel Federal Aviation Administration Docket Management Facility between 9 system could result in the unsafe a.m. and 5 p.m., Monday through condition described previously. 14 CFR Part 39 Friday, except Federal holidays. The AD docket contains this proposed AD, the FAA’s Determination and Requirements [Docket No. FAA–2008–0619; Directorate regulatory evaluation, any comments of This Proposed AD Identifier 2007–NM–356–AD] received, and other information. The We are proposing this AD because we street address for the Docket Office RIN 2120–AA64 have evaluated all pertinent information (telephone 800–647–5527) is in the and identified an unsafe condition that Airworthiness Directives; Boeing ADDRESSES section. Comments will be is likely to exist or develop on other Model 747–100, 747–100B, 747–100B available in the AD docket shortly after airplanes of this same type design. The SUD, 747–200B, 747–200C, 747–200F, receipt. proposed AD would require performing 747–300, 747SR, and 747SP Series FOR FURTHER INFORMATION CONTACT: Sue Airplanes repetitive operational tests of the engine Lucier, Aerospace Engineer, Propulsion fuel suction feed of the fuel system, and AGENCY: Federal Aviation Branch, ANM–140S, FAA, Seattle other related testing if necessary. Administration (FAA), DOT. Aircraft Certification Office, 1601 Lind Costs of Compliance ACTION: Notice of proposed rulemaking Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6438; (NPRM). We estimate that this proposed AD fax (425) 917–6590. would affect 166 airplanes of U.S. SUMMARY: We propose to adopt a new SUPPLEMENTARY INFORMATION: airworthiness directive (AD) for certain registry. We also estimate that it would Boeing Model 747–100, 747–100B, 747– Comments Invited take 1 work-hour per product, per test, 100B SUD, 747–200B, 747–200C, 747– to comply with this proposed AD. The We invite you to send any written average labor rate is $80 per work-hour. 200F, 747–300, 747SR, and 747SP series relevant data, views, or arguments about airplanes. This proposed AD would Based on these figures, we estimate the this proposed AD. Send your comments cost of this proposed AD to the U.S. require performing repetitive to an address listed under the operational tests of the engine fuel operators to be $13,280, or $80 per ADDRESSES section. Include ‘‘Docket No. product, per test. suction feed of the fuel system, and FAA–2008–0619; Directorate Identifier other related testing if necessary. This 2007–NM–356–AD’’ at the beginning of Authority for This Rulemaking proposed AD results from a report of in- your comments. We specifically invite service occurrences of loss of fuel comments on the overall regulatory, Title 49 of the United States Code system suction feed capability, followed economic, environmental, and energy specifies the FAA’s authority to issue by total loss of pressure of the fuel feed aspects of this proposed AD. We will rules on aviation safety. Subtitle I, system. We are proposing this AD to consider all comments received by the section 106, describes the authority of detect and correct failure of the engine closing date and may amend this the FAA Administrator. ‘‘Subtitle VII: fuel suction feed of the fuel system, proposed AD because of those Aviation Programs,’’ describes in more which could result in multi-engine comments. detail the scope of the Agency’s flameout, inability to restart the engines, We will post all comments we authority. and consequent forced landing of the receive, without change, to http:// We are issuing this rulemaking under airplane. www.regulations.gov, including any the authority described in ‘‘Subtitle VII, DATES: We must receive comments on personal information you provide. We Part A, Subpart III, Section 44701: this proposed AD by July 21, 2008. will also post a report summarizing each General requirements.’’ Under that ADDRESSES: You may send comments by substantive verbal contact we receive section, Congress charges the FAA with any of the following methods: about this proposed AD. promoting safe flight of civil aircraft in • air commerce by prescribing regulations Federal eRulemaking Portal: Go to Discussion http://www.regulations.gov. Follow the for practices, methods, and procedures instructions for submitting comments. We have received a report of in- the Administrator finds necessary for • Fax: 202–493–2251. service occurrences of loss of fuel safety in air commerce. This regulation • Mail: U.S. Department of system suction feed capability, followed is within the scope of that authority Transportation, Docket Operations, M– by total loss of pressure of the fuel feed because it addresses an unsafe condition 30, West Building Ground Floor, Room system. This condition, if not corrected, that is likely to exist or develop on W12–140, 1200 New Jersey Avenue, SE., could result in multi-engine flameout, products identified in this rulemaking Washington, DC 20590. inability to restart the engines, and action.

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Regulatory Findings system, which could result in multi-engine ACTION: Notice of proposed rulemaking flameout, inability to restart the engines, and (NPRM). We determined that this proposed AD consequent forced landing of the airplane. would not have federalism implications SUMMARY: We propose to adopt a new Compliance under Executive Order 13132. This airworthiness directive (AD) for all proposed AD would not have a (e) Comply with this AD within the Boeing Model 747 airplanes. This substantial direct effect on the States, on compliance times specified, unless already proposed AD would require inspecting done. the relationship between the national for cracks in the left- and right-side Government and the States, or on the Operational Test/Other Related Testing Stringer 11 longeron adjacent to the distribution of power and (f) Within 30,000 flight hours after the horizontal stabilizer pivot bulkhead, responsibilities among the various effective date of this AD, perform an and related investigative and corrective levels of government. operational test of the engine fuel suction actions if necessary. This proposed AD For the reasons discussed above, I feed of the fuel system, and perform all other results from a report of a crack found in certify this proposed regulation: related testing, as applicable, before further the right-side Stringer 11 longeron 1. Is not a ‘‘significant regulatory flight, according to a method approved by the horizontal flange, adjacent to the action’’ under Executive Order 12866, Manager, Seattle Aircraft Certification Office horizontal stabilizer pivot bulkhead, (ACO), FAA. One approved method is the 2. Is not a ‘‘significant rule’’ under the during a routine maintenance DOT Regulatory Policies and Procedures operational test in Section 28–22–00, titled ‘‘Engine Fuel Feed System—Description and inspection. We are proposing this AD to (44 FR 11034, February 26, 1979), and Operation,’’ of the Boeing 747 Maintenance detect and correct fatigue cracking of the 3. Will not have a significant Manual; and Boeing 747 Task Card 4–28– longeron, which can propagate and economic impact, positive or negative, 007–05, titled ‘‘Engine Fuel Suction Feed cause damage to the adjacent horizontal on a substantial number of small entities System,’’ dated April 25, 2007. Repeat the stabilizer pivot bulkhead. This damage under the criteria of the Regulatory operational test thereafter at intervals not to could result in loss of structural Flexibility Act. exceed 30,000 flight hours. Thereafter, except integrity and consequent inability of the You can find our regulatory as provided in paragraph (g) of this AD, no bulkhead to carry flight loads, which evaluation and the estimated costs of alternative procedure or repeat test intervals could adversely affect controllability of will be allowed. compliance in the AD Docket. the airplane. Alternative Methods of Compliance List of Subjects in 14 CFR Part 39 DATES: We must receive comments on (AMOCs) this proposed AD by July 21, 2008. Air transportation, Aircraft, Aviation (g)(1) The Manager, Seattle ACO, FAA, ADDRESSES: You may send comments by safety, Safety. ATTN: Sue Lucier, Aerospace Engineer, any of the following methods: Propulsion Branch, ANM–140S, 1601 Lind • Federal eRulemaking Portal: Go to The Proposed Amendment Avenue, SW., Renton, Washington 98057– http://www.regulations.gov. Follow the Accordingly, under the authority 3356; telephone (425) 917–6438; fax (425) instructions for submitting comments. delegated to me by the Administrator, 917–6590, has the authority to approve • AMOCs for this AD, if requested using the Fax: 202–493–2251. the FAA proposes to amend 14 CFR part • Mail: U.S. Department of 39 as follows: procedures found in 14 CFR 39.19. (2) To request a different method of Transportation, Docket Operations, M– PART 39—AIRWORTHINESS compliance or a different compliance time 30, West Building Ground Floor, Room for this AD, follow the procedures in 14 CFR DIRECTIVES W12–140, 1200 New Jersey Avenue, SE., 39.19. Before using any approved AMOC on Washington, DC 20590. 1. The authority citation for part 39 any airplane to which the AMOC applies, • Hand Delivery: U.S. Department of continues to read as follows: notify your appropriate principal inspector Transportation, Docket Operations, M– (PI) in the FAA Flight Standards District 30, West Building Ground Floor, Room Authority: 49 U.S.C. 106(g), 40113, 44701. Office (FSDO), or lacking a PI, your local W12–140, 1200 New Jersey Avenue, SE., FSDO. § 39.13 [Amended] Washington, DC 20590, between 9 a.m. Issued in Renton, Washington, on June 2, and 5 p.m., Monday through Friday, 2. The FAA amends § 39.13 by adding 2008. the following new AD: except Federal holidays. Michael J. Kaszycki, For service information identified in Boeing: Docket No. FAA–2008–0619; Acting Manager, Transport Airplane this AD, contact Boeing Commercial Directorate Identifier 2007–NM–356–AD. Directorate, Aircraft Certification Service. Airplanes, P.O. Box 3707, Seattle, Comments Due Date [FR Doc. E8–12692 Filed 6–5–08; 8:45 am] Washington 98124–2207. (a) We must receive comments by July 21, BILLING CODE 4910–13–P Examining the AD Docket 2008. You may examine the AD docket on Affected ADs DEPARTMENT OF TRANSPORTATION the Internet at http:// (b) None. www.regulations.gov; or in person at the Applicability Federal Aviation Administration Docket Management Facility between 9 a.m. and 5 p.m., Monday through (c) This AD applies to Boeing Model 747– 14 CFR Part 39 100, 747–100B, 747–100B SUD, 747–200B, Friday, except Federal holidays. The AD 747–200C, 747–200F, 747–300, 747SR, and docket contains this proposed AD, the 747SP series airplanes, certificated in any [Docket No. FAA–2008–0612; Directorate regulatory evaluation, any comments category. Identifier 2008–NM–059–AD] received, and other information. The Unsafe Condition street address for the Docket Office RIN 2120–AA64 (telephone 800–647–5527) is in the (d) This AD results from a report of in- ADDRESSES section. Comments will be service occurrences of loss of fuel system Airworthiness Directives; Boeing available in the AD docket shortly after suction feed capability, followed by total loss Model 747 Airplanes of pressure of the fuel feed system. We are receipt. issuing this AD to detect and correct failure AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Ivan of the engine fuel suction feed of the fuel Administration (FAA), DOT. Li, Aerospace Engineer, Airframe

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Branch, ANM–120S, FAA, Seattle right-side Stringer 11 longeron exposed further flight after the surface HFEC Aircraft Certification Office, 1601 Lind surfaces and edges between Stations inspections are done. The above Avenue, SW., Renton, Washington 2598 and 2607 adjacent to the compliance times and actions apply to 98057–3356; telephone (425) 917–6437; horizontal stabilizer pivot bulkhead, the left and right side longerons, fax (425) 917–6590. and related investigative and corrective independently. SUPPLEMENTARY INFORMATION: actions if necessary. The procedures for the related investigative and corrective FAA’s Determination and Requirements Comments Invited actions are as follows: of This Proposed AD We invite you to send any written • If any crack is found during the We are proposing this AD because we relevant data, views, or arguments about surface HFEC inspection: The evaluated all relevant information and this proposed AD. Send your comments procedures describe doing a detailed determined the unsafe condition to an address listed under the inspection for cracks in the adjacent described previously is likely to exist or ADDRESSES section. Include ‘‘Docket No. skin panel and Station 2598 of the develop in other products of the same FAA–2008–0612; Directorate Identifier horizontal stabilizer pivot bulkhead type design. This proposed AD would 2008–NM–059–AD’’ at the beginning of structure. If any crack is found in the require accomplishing the actions your comments. We specifically invite skin panel or bulkhead structure, the specified in the service information comments on the overall regulatory, crack may be repaired as specified in described previously, except as economic, environmental, and energy the 747 structural repair manual, or discussed under ‘‘Difference Between aspects of this proposed AD. We will contact Boeing for repair data and the Proposed AD and Service consider all comments received by the repair. After the repair is installed, the Information.’’ closing date and may amend this longeron is replaced with a new proposed AD because of those longeron. Difference Between the Proposed AD comments. • If no crack is found during the and Service Information We will post all comments we surface HFEC inspection: The The service bulletin specifies to receive, without change, to http:// procedures describe doing an open hole contact the manufacturer for www.regulations.gov, including any HFEC inspection of the longeron for instructions on how to repair certain personal information you provide. We cracks at the specified fastener hole conditions, but this proposed AD would will also post a report summarizing each locations. require repairing those conditions in substantive verbal contact we receive • If any crack is found during the one of the following ways: about this proposed AD. open hole HFEC inspection: The • Using a method that we approve; or procedures describe oversizing any • Using data that meet the Discussion cracked hole to remove the crack, and certification basis of the airplane, and We received a report of a crack found the inspection is repeated for any that have been approved by an in the right-side Stringer 11 longeron remaining cracks. If any crack remains Authorized Representative for the horizontal flange, adjacent to the after oversizing the hole to the Boeing Commercial Airplanes horizontal stabilizer pivot bulkhead, maximum allowed diameter, the Delegation Option Authorization during a routine maintenance longeron is removed and a detailed Organization whom we have authorized inspection. The airplane had inspection is done for cracks in the to make those findings. accumulated 28,311 total flight hours adjacent skin panel and Station 2598 of and 22,070 total flight cycles. The crack the horizontal stabilizer pivot bulkhead Costs of Compliance was visible in the exposed inboard edge structure. If any crack is found in the We estimate that this proposed AD of the longeron horizontal flange skin panel or bulkhead structure, the would affect 165 airplanes of U.S. between the upper and lower Station crack is repaired as specified in the 747 registry. We also estimate that it would 2598 horizontal stabilizer pivot structural repair manual, or the take 3 work-hours per product to bulkhead splice fittings. After removal procedures recommend contacting comply with this proposed AD. The of the fittings it was revealed that the Boeing for repair data and repair. After average labor rate is $80 per work-hour. crack had propagated and completely the repair is installed, the longeron is Based on these figures, we estimate the severed the longeron. Boeing analysis replaced with a new longeron. If no cost of this proposed AD to the U.S. indicates that the severed longeron was crack is found, a new longeron is operators to be $39,600, or $240 per a result of fatigue that had originated installed. product. from a fastener hole in the longeron The compliance times for the actions Authority for This Rulemaking horizontal flange. Fatigue cracking of in the service bulletin are as follows: the longeron can propagate and cause • The compliance time for the initial Title 49 of the United States Code damage to the adjacent horizontal surface HFEC inspection is before the specifies the FAA’s authority to issue stabilizer pivot bulkhead. This accumulation of 20,000 total flight rules on aviation safety. Subtitle I, condition, if not corrected, could result cycles, or within 1,500 flight cycles after section 106, describes the authority of in loss of structural integrity and the date on the service bulletin, the FAA Administrator. ‘‘Subtitle VII: consequent inability of the bulkhead to whichever occurs later. If a new Aviation Programs,’’ describes in more carry flight loads, which could longeron is installed, the inspection is detail the scope of the Agency’s adversely affect controllability of the repeated before the accumulation of authority. airplane. 20,000 flight cycles after the We are issuing this rulemaking under installation. If a longeron is repaired, or the authority described in ‘‘Subtitle VII, Relevant Service Information if no crack is found during the surface Part A, Subpart III, Section 44701: We have reviewed Boeing Alert and open hole HFEC inspections, the General requirements.’’ Under that Service Bulletin 747–53A2703, dated applicable inspection is repeated at section, Congress charges the FAA with February 14, 2008. The service bulletin intervals not to exceed 3,000 flight promoting safe flight of civil aircraft in describes procedures for a surface high cycles after the repair is done. air commerce by prescribing regulations frequency eddy current (HFEC) The related investigative and for practices, methods, and procedures inspection for cracks in the left- and corrective actions are to be done before the Administrator finds necessary for

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safety in air commerce. This regulation Unsafe Condition (3) An AMOC that provides an acceptable is within the scope of that authority (d) This AD results from a report of a crack level of safety may be used for any repair because it addresses an unsafe condition found in the right-side Stringer 11 longeron required by this AD, if it is approved by an that is likely to exist or develop on horizontal flange, adjacent to the horizontal Authorized Representative for the Boeing stabilizer pivot bulkhead, during a routine Commercial Airplanes Delegation Option products identified in this rulemaking Authorization Organization who has been action. maintenance inspection. We are issuing this AD to detect and correct fatigue cracking of authorized by the Manager, Seattle ACO, to Regulatory Findings the longeron, which can propagate and cause make those findings. For a repair method to damage to the adjacent horizontal stabilizer be approved, the repair must meet the We determined that this proposed AD pivot bulkhead. This damage could result in certification basis of the airplane. would not have federalism implications loss of structural integrity and consequent Issued in Renton, Washington, on May 29, under Executive Order 13132. This inability of the bulkhead to carry flight loads, 2008. proposed AD would not have a which could adversely affect controllability Ali Bahrami, substantial direct effect on the States, on of the airplane. Manager, Transport Airplane Directorate, the relationship between the national Compliance Aircraft Certification Service. Government and the States, or on the [FR Doc. E8–12712 Filed 6–5–08; 8:45 am] distribution of power and (e) Comply with this AD within the compliance times specified, unless already BILLING CODE 4910–13–P responsibilities among the various done. levels of government. Inspection/Related Investigative and For the reasons discussed above, I DEPARTMENT OF TRANSPORTATION certify this proposed regulation: Corrective Actions 1. Is not a ‘‘significant regulatory (f) Except as provided by paragraph (g) of Federal Aviation Administration action’’ under Executive Order 12866, this AD: At the applicable times specified in paragraph 1.E. of Boeing Alert Service 2. Is not a ‘‘significant rule’’ under the Bulletin 747–53A2703, dated February 14, 14 CFR Part 39 DOT Regulatory Policies and Procedures 2008, do a surface high frequency eddy [Docket No. FAA–2008–0620; Directorate (44 FR 11034, February 26, 1979), and current (HFEC) inspection for cracks in the Identifier 2007–NM–357–AD] 3. Will not have a significant left- and right-side Stringer 11 longeron economic impact, positive or negative, exposed surfaces and edges between Station RIN 2120–AA64 on a substantial number of small entities 2598 and 2607 adjacent to the horizontal Airworthiness Directives; Boeing under the criteria of the Regulatory stabilizer pivot bulkhead; and do all Model 747–400, –400D, and –400F Flexibility Act. applicable related investigative and corrective actions before further flight, in Series Airplanes You can find our regulatory accordance with the Accomplishment evaluation and the estimated costs of Instructions of the service bulletin, except as AGENCY: Federal Aviation compliance in the AD Docket. provided by paragraph (h) of this AD. Administration (FAA), DOT. ACTION: Notice of proposed rulemaking List of Subjects in 14 CFR Part 39 Exception to Compliance Times (NPRM). Air transportation, Aircraft, Aviation (g) Where Boeing Alert Service Bulletin safety, Safety. 747–53A2703, dated February 14, 2008, SUMMARY: We propose to adopt a new specifies counting the compliance time from airworthiness directive (AD) for certain The Proposed Amendment ‘‘. . . the date on this service bulletin,’’ this Boeing Model 747–400, –400D, and AD requires counting the compliance time –400F series airplanes. This proposed Accordingly, under the authority from the effective date of this AD. delegated to me by the Administrator, AD would require performing repetitive the FAA proposes to amend 14 CFR part Exception to Corrective Actions operational tests of the engine fuel 39 as follows: (h) If any crack is found during any suction feed of the fuel system, and inspection required by this AD, and Boeing other related testing if necessary. This PART 39—AIRWORTHINESS Alert Service Bulletin 747–53A2703, dated proposed AD results from a report of in- DIRECTIVES February 14, 2008, specifies to contact service occurrences of loss of fuel Boeing for appropriate action: Before further system suction feed capability, followed 1. The authority citation for part 39 flight, repair using a method approved in by total loss of pressure of the fuel feed continues to read as follows: accordance with the procedures specified in paragraph (i) of this AD. system. We are proposing this AD to Authority: 49 U.S.C. 106(g), 40113, 44701. detect and correct failure of the engine Alternative Methods of Compliance § 39.13 [Amended] fuel suction feed of the fuel system, (AMOCs) which could result in multi-engine 2. The FAA amends § 39.13 by adding (i)(1) The Manager, Seattle Aircraft flameout, inability to restart the engines, the following new AD: Certification Office (ACO), FAA, ATTN: Ivan and consequent forced landing of the Boeing: Docket No. FAA–2008–0612; Li, Aerospace Engineer, Airframe Branch, airplane. Directorate Identifier 2008–NM–059–AD. ANM–120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057– DATES: We must receive comments on Comments Due Date 3356; telephone (425) 917–6437; fax (425) this proposed AD by July 21, 2008. (a) We must receive comments by July 21, 917–6590 has the authority to approve ADDRESSES: You may send comments by 2008. AMOCs for this AD, if requested using the any of the following methods: procedures found in 14 CFR 39.19. • Federal eRulemaking Portal: Go to Affected ADs (2) To request a different method of http://www.regulations.gov. Follow the (b) None. compliance or a different compliance time instructions for submitting comments. for this AD, follow the procedures in 14 CFR Applicability • Fax: 202–493–2251. 39.19. Before using any approved AMOC on • (c) This AD applies to all Boeing Model any airplane to which the AMOC applies, Mail: U.S. Department of 747–100, 747–100B, 747–100B SUD, 747– notify your appropriate principal inspector Transportation, Docket Operations, M– 200B, 747–200C, 747–200F, 747–300, 747– (PI) in the FAA Flight Standards District 30, West Building Ground Floor, Room 400, 747–400D, 747–400F, 747SR, and 747SP Office (FSDO), or lacking a PI, your local W12–140, 1200 New Jersey Avenue, SE., series airplanes, certificated in any category. FSDO. Washington, DC 20590.

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• Hand Delivery: U.S. Department of consequent forced landing of the Regulatory Findings Transportation, Docket Operations, M– airplane. We determined that this proposed AD 30, West Building Ground Floor, Room FAA’s Conclusions would not have federalism implications W12–140, 1200 New Jersey Avenue, SE., under Executive Order 13132. This Washington, DC 20590, between 9 a.m. We have determined that it is proposed AD would not have a and 5 p.m., Monday through Friday, necessary to require an operational test substantial direct effect on the States, on except Federal holidays. of the engine fuel suction feed of the the relationship between the national For service information identified in fuel system, and other related testing, as Government and the States, or on the this AD, contact Boeing Commercial applicable. Procedures for doing the distribution of power and Airplanes, P.O. Box 3707, Seattle, operational test can be found in the responsibilities among the various Washington 98124–2207. maintenance manual. The other related levels of government. Examining the AD Docket testing is for airplanes on which For the reasons discussed above, I deterioration in the engine RPM is certify this proposed regulation: You may examine the AD docket on found on one or both of the engines 1. Is not a ‘‘significant regulatory the Internet at http:// during the operational test. Failure of action’’ under Executive Order 12866; www.regulations.gov; or in person at the the engine fuel suction feed of the fuel 2. Is not a ‘‘significant rule’’ under the Docket Management Facility between 9 system could result in the unsafe DOT Regulatory Policies and Procedures a.m. and 5 p.m., Monday through condition described previously. (44 FR 11034, February 26, 1979); and Friday, except Federal holidays. The AD 3. Will not have a significant docket contains this proposed AD, the FAA’s Determination and Requirements economic impact, positive or negative, regulatory evaluation, any comments of This Proposed AD on a substantial number of small entities received, and other information. The We are proposing this AD because we under the criteria of the Regulatory street address for the Docket Office have evaluated all pertinent information Flexibility Act. (telephone 800–647–5527) is in the You can find our regulatory and identified an unsafe condition that ADDRESSES section. Comments will be evaluation and the estimated costs of is likely to exist or develop on other available in the AD docket shortly after compliance in the AD Docket. airplanes of this same type design. This receipt. proposed AD would require performing List of Subjects in 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Sue repetitive operational tests of the engine Lucier, Aerospace Engineer, Propulsion Air transportation, Aircraft, Aviation fuel suction feed of the fuel system, and safety, Safety. Branch, ANM–140S, FAA, Seattle other related testing if necessary. Aircraft Certification Office, 1601 Lind The Proposed Amendment Costs of Compliance Avenue, SW., Renton, Washington Accordingly, under the authority 98057–3356; telephone (425) 917–6438; We estimate that this proposed AD delegated to me by the Administrator, fax (425) 917–6590. would affect 79 airplanes of U.S. the FAA proposes to amend 14 CFR part SUPPLEMENTARY INFORMATION: registry. We also estimate that it would 39 as follows: Comments Invited take 1 work-hour per product, per test, to comply with this proposed AD. The PART 39—AIRWORTHINESS We invite you to send any written average labor rate is $80 per work-hour. DIRECTIVES relevant data, views, or arguments about Based on these figures, we estimate the this proposed AD. Send your comments 1. The authority citation for part 39 cost of this proposed AD to the U.S. continues to read as follows: to an address listed under the operators to be $6,320, or $80 per Authority: 49 U.S.C. 106(g), 40113, 44701. ADDRESSES section. Include ‘‘Docket No. product, per test. FAA–2008–0620; Directorate Identifier § 39.13 [Amended] 2007–NM–357–AD’’ at the beginning of Authority for This Rulemaking your comments. We specifically invite 2. The FAA amends § 39.13 by adding comments on the overall regulatory, Title 49 of the United States Code the following new AD: economic, environmental, and energy specifies the FAA’s authority to issue Boeing: Docket No. FAA–2008–0620; aspects of this proposed AD. We will rules on aviation safety. Subtitle I, Directorate Identifier 2007–NM–357–AD. section 106, describes the authority of consider all comments received by the Comments Due Date closing date and may amend this the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more (a) We must receive comments by July 21, proposed AD because of those 2008. comments. detail the scope of the Agency’s We will post all comments we authority. Affected ADs receive, without change, to http:// We are issuing this rulemaking under (b) None. www.regulations.gov, including any the authority described in ‘‘Subtitle VII, Applicability Part A, Subpart III, Section 44701: personal information you provide. We (c) This AD applies to Boeing Model 747 will also post a report summarizing each General requirements.’’ Under that –400, –400D, and –400F series airplanes, substantive verbal contact we receive section, Congress charges the FAA with certificated in any category. about this proposed AD. promoting safe flight of civil aircraft in air commerce by prescribing regulations Unsafe Condition Discussion for practices, methods, and procedures (d) This AD results from a report of in- We have received a report of in- the Administrator finds necessary for service occurrences of loss of fuel system service occurrences of loss of fuel safety in air commerce. This regulation suction feed capability, followed by total loss of pressure of the fuel feed system. We are system suction feed capability, followed is within the scope of that authority issuing this AD to detect and correct failure by total loss of pressure of the fuel feed because it addresses an unsafe condition of the engine fuel suction feed of the fuel system. This condition, if not corrected, that is likely to exist or develop on system, which could result in multi-engine could result in multi-engine flameout, products identified in this rulemaking flameout, inability to restart the engines, and inability to restart the engines, and action. consequent forced landing of the airplane.

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Compliance SUMMARY: We propose to adopt a new FOR FURTHER INFORMATION CONTACT: (e) Comply with this AD within the airworthiness directive (AD) for the Vladimir Ulyanov, Aerospace Engineer, compliance times specified, unless already products listed above. This proposed International Branch, ANM–116, done. AD results from mandatory continuing Transport Airplane Directorate, FAA, Operational Test/Other Related Testing airworthiness information (MCAI) 1601 Lind Avenue, SW., Renton, originated by an aviation authority of Washington 98057–3356; telephone (f) Within 30,000 flight hours after the effective date of this AD, perform an another country to identify and correct (425) 227–1138; fax (425) 227–1149. an unsafe condition on an aviation operational test of the engine fuel suction SUPPLEMENTARY INFORMATION: feed of the fuel system, and perform all other product. The MCAI describes the unsafe related testing, as applicable, before further condition as: Comments Invited flight, according to a method approved by the One operator experienced failures of four We invite you to send any written Manager, Seattle Aircraft Certification Office Fuel Level Sensor-Amplifier (FLSA) and (ACO), FAA. One approved method is the Multi Tank Indicators (MTI) units. FLSA and relevant data, views, or arguments about operational test in Section 28–22–00, titled MTI failures have been identified as having this proposed AD. Send your comments ‘‘Engine Fuel Feed System—Description and been caused by incorrect connector sleeves to an address listed under the Operation,’’ of the Boeing 747 Aircraft material fitted to the MTI units. ADDRESSES section. Include ‘‘Docket No. Maintenance Manual; and Boeing 747–400 Degradation of the electrical insulation FAA–2008–0613; Directorate Identifier Task Card 28–022–04–01, titled sleeves of the Low-level indication lamps on 2008–NM–066–AD’’ at the beginning of ‘‘Operationally Check the Engine Fuel the MTI on the flight deck can cause a short your comments. We specifically invite Suction Feed System,’’ dated June 18, 2007. circuit that might result in high voltage being Repeat the operational test thereafter at comments on the overall regulatory, conveyed to the high- and low-level sensors economic, environmental, and energy intervals not to exceed 30,000 flight hours. in the outer tanks. This might cause the level Thereafter, except as provided in paragraph sensor to heat above acceptable limits. aspects of this proposed AD. We will (g) of this AD, no alternative procedure or consider all comments received by the repeat test intervals will be allowed. * * * * * closing date and may amend this Alternative Methods of Compliance This action is necessary to prevent proposed AD based on those comments. (AMOCs) overheating of the fuel level sensors, We will post all comments we (g)(1) The Manager, Seattle ACO, FAA, which could result in a fuel tank receive, without change, to http:// ATTN: Sue Lucier, Aerospace Engineer, explosion and consequent loss of the www.regulations.gov, including any Propulsion Branch, ANM–140S, 1601 Lind airplane. The proposed AD would personal information you provide. We Avenue, SW., Renton, Washington 98057– require actions that are intended to will also post a report summarizing each 3356; telephone (425) 917–6438; fax (425) address the unsafe condition described substantive verbal contact we receive 917–6590, has the authority to approve in the MCAI. about this proposed AD. AMOCs for this AD, if requested using the DATES: We must receive comments on procedures found in 14 CFR 39.19. Discussion (2) To request a different method of this proposed AD by July 7, 2008. compliance or a different compliance time ADDRESSES: You may send comments by The European Aviation Safety Agency for this AD, follow the procedures in 14 CFR any of the following methods: (EASA), which is the Technical Agent 39.19. Before using any approved AMOC on • Federal eRulemaking Portal: Go to for the Member States of the European any airplane to which the AMOC applies, http://www.regulations.gov. Follow the Community, has issued Airworthiness notify your appropriate principal inspector instructions for submitting comments. (PI) in the FAA Flight Standards District Directive 2008–0055, dated March 5, • Fax: (202) 493–2251. 2008 (referred to after this as ‘‘the Office (FSDO), or lacking a PI, your local • FSDO. Mail: U.S. Department of MCAI’’), to correct an unsafe condition Transportation, Docket Operations, M– for the specified products. The MCAI Issued in Renton, Washington, on May 16, 30, West Building Ground Floor, Room 2008. states: W12–140, 1200 New Jersey Avenue, SE., Ali Bahrami, One operator experienced failures of four Washington, DC 20590. Fuel Level Sensor-Amplifier (FLSA) and Manager, Transport Airplane Directorate, • Hand Delivery: U.S. Department of Aircraft Certification Service. Multi Tank Indicators (MTI) units. FLSA and Transportation, Docket Operations, M– MTI failures have been identified as having [FR Doc. E8–12725 Filed 6–5–08; 8:45 am] 30, West Building Ground Floor, Room been caused by incorrect connector sleeves BILLING CODE 4910–13–P W12–140, 1200 New Jersey Avenue, SE., material fitted to the MTI units. Washington, DC, between 9 a.m. and 5 Degradation of the electrical insulation p.m., Monday through Friday, except sleeves of the Low-level indication lamps on DEPARTMENT OF TRANSPORTATION Federal holidays. the MTI on the flight deck can cause a short circuit that might result in high voltage being Federal Aviation Administration Examining the AD Docket conveyed to the high- and low-level sensors in the outer tanks. This might cause the level 14 CFR Part 39 You may examine the AD docket on sensor to heat above acceptable limits. the Internet at http:// For the reasons stated above, this [Docket No. FAA–2008–0613; Directorate www.regulations.gov; or in person at the Airworthiness Directive (AD) requires the Identifier 2008–NM–066–AD] Docket Operations office between 9 a.m. accomplishment of wiring modifications to and 5 p.m., Monday through Friday, protect the FLSA and the Flight Warning RIN 2120–AA64 except Federal holidays. The AD docket Computers from 115V AC and 28V DC short contains this proposed AD, the circuits within the MTI. Airworthiness Directives; Airbus Model regulatory evaluation, any comments This action is necessary to prevent A300–600 Airplanes received, and other information. The overheating of the fuel level sensors, AGENCY: Federal Aviation street address for the Docket Operations which could result in a fuel tank Administration (FAA), DOT. office (telephone (800) 647–5527) is in explosion and consequent loss of the the ADDRESSES section. Comments will airplane. You may obtain further ACTION: Notice of proposed rulemaking be available in the AD docket shortly information by examining the MCAI in (NPRM). after receipt. the AD docket.

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Relevant Service Information Authority for This Rulemaking § 39.13 [Amended] Title 49 of the United States Code 2. The FAA amends § 39.13 by adding Airbus has issued Service Bulletin the following new AD: A300–28A6096, Revision 01, dated specifies the FAA’s authority to issue April 16, 2008. The actions described in rules on aviation safety. Subtitle I, Airbus: Docket No. FAA–2008–0613; Directorate Identifier 2008–NM–066–AD. this service information are intended to section 106, describes the authority of correct the unsafe condition identified the FAA Administrator. ‘‘Subtitle VII: Comments Due Date Aviation Programs,’’ describes in more in the MCAI. (a) We must receive comments by July 7, detail the scope of the Agency’s 2008. FAA’s Determination and Requirements authority. of This Proposed AD We are issuing this rulemaking under Affected ADs the authority described in ‘‘Subtitle VII, (b) None. This product has been approved by Part A, Subpart III, Section 44701: Applicability the aviation authority of another General requirements.’’ Under that country, and is approved for operation section, Congress charges the FAA with (c) This AD applies to all Airbus Model A300–600 airplanes, certificated in any in the United States. Pursuant to our promoting safe flight of civil aircraft in bilateral agreement with the State of category; all certified models, all serial air commerce by prescribing regulations numbers. Design Authority, we have been notified for practices, methods, and procedures of the unsafe condition described in the the Administrator finds necessary for Subject MCAI and service information safety in air commerce. This regulation (d) Air Transport Association (ATA) of referenced above. We are proposing this is within the scope of that authority America Code 28: Fuel. AD because we evaluated all pertinent because it addresses an unsafe condition Reason information and determined an unsafe that is likely to exist or develop on (e) The mandatory continuing condition exists and is likely to exist or products identified in this rulemaking airworthiness information (MCAI) states: develop on other products of the same action. One operator experienced failures of four type design. Regulatory Findings Fuel Level Sensor-Amplifier (FLSA) and Multi Tank Indicators (MTI) units. FLSA and Differences Between This AD and the We determined that this proposed AD MCAI or Service Information MTI failures have been identified as having would not have federalism implications been caused by incorrect connector sleeves We have reviewed the MCAI and under Executive Order 13132. This material fitted to the MTI units. related service information and, in proposed AD would not have a Degradation of the electrical insulation sleeves of the Low-level indication lamps on general, agree with their substance. But substantial direct effect on the States, on the relationship between the national the MTI on the flight deck can cause a short we might have found it necessary to use circuit that might result in high voltage being different words from those in the MCAI Government and the States, or on the distribution of power and conveyed to the high and low level sensors to ensure the AD is clear for U.S. in the outer tanks. This might cause the level responsibilities among the various operators and is enforceable. In making sensor to heat above acceptable limits. levels of government. these changes, we do not intend to differ For the reasons stated above, this For the reasons discussed above, I substantively from the information Airworthiness Directive (AD) requires the certify this proposed regulation: provided in the MCAI and related accomplishment of wiring modifications to 1. Is not a ‘‘significant regulatory protect the FLSA and the Flight Warning service information. action’’ under Executive Order 12866; Computers from 115V AC and 28V DC short We might also have proposed 2. Is not a ‘‘significant rule’’ under the circuits within the MTI. different actions in this AD from those DOT Regulatory Policies and Procedures This action is necessary to prevent in the MCAI in order to follow FAA (44 FR 11034, February 26, 1979); and overheating of the fuel level sensors, which policies. Any such differences are 3. Will not have a significant could result in a fuel tank explosion and highlighted in a NOTE within the economic impact, positive or negative, consequent loss of the airplane. proposed AD. on a substantial number of small entities Actions and Compliance under the criteria of the Regulatory Costs of Compliance (f) Within 3 months after the effective date Flexibility Act. of this AD, unless already done: Modify the Based on the service information, we We prepared a regulatory evaluation wiring in the right-hand electronics rack in estimate that this proposed AD would of the estimated costs to comply with accordance with the Accomplishment affect about 151 products of U.S. this proposed AD and placed it in the Instructions of Airbus Service Bulletin A300– registry. We also estimate that it would AD docket. 28A6096, Revision 01, dated April 16, 2008. Previous accomplishment of the modification take about 5 work-hours per product to List of Subjects in 14 CFR Part 39 before the effective date of this AD in comply with the basic requirements of Air transportation, Aircraft, Aviation accordance with Airbus Service Bulletin this proposed AD. The average labor safety, Safety. A300–28A6096, dated October 19, 2007, rate is $80 per work-hour. Required meets the requirements in this paragraph. parts would cost about $0 per product. The Proposed Amendment FAA AD Differences Where the service information lists Accordingly, under the authority required parts costs that are covered delegated to me by the Administrator, Note: This AD differs from the MCAI and/ under warranty, we have assumed that or service information as follows: No the FAA proposes to amend 14 CFR part differences. there will be no charge for these costs. 39 as follows: As we do not control warranty coverage Other FAA AD Provisions for affected parties, some parties may PART 39—AIRWORTHINESS (g) The following provisions also apply to incur costs higher than estimated here. DIRECTIVES this AD: Based on these figures, we estimate the 1. The authority citation for part 39 (1) Alternative Methods of Compliance cost of the proposed AD on U.S. (AMOCs): The Manager, International operators to be $60,400, or $400 per continues to read as follows: Branch, ANM–116, FAA, has the authority to product. Authority: 49 U.S.C. 106(g), 40113, 44701. approve AMOCs for this AD, if requested

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using the procedures found in 14 CFR 39.19. system. We are proposing this AD to consider all comments received by the Send information to ATTN: Vladimir detect and correct failure of the engine closing date and may amend this Ulyanov, Aerospace Engineer, International fuel suction feed of the fuel system, proposed AD because of those Branch, ANM–116, Transport Airplane which could result in dual engine comments. Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone flameout, inability to restart the engines, We will post all comments we (425) 227–1138; fax (425) 227–1149. Before and consequent forced landing of the receive, without change, to http:// using any approved AMOC on any airplane airplane. www.regulations.gov, including any to which the AMOC applies, notify your DATES: We must receive comments on personal information you provide. We appropriate principal inspector (PI) in the this proposed AD by July 21, 2008. will also post a report summarizing each FAA Flight Standards District Office (FSDO), substantive verbal contact we receive ADDRESSES: You may send comments by or lacking a PI, your local FSDO. about this proposed AD. (2) Airworthy Product: For any requirement any of the following methods: in this AD to obtain corrective actions from • Federal eRulemaking Portal: Go to Discussion a manufacturer or other source, use these http://www.regulations.gov. Follow the We have received a report of in- actions if they are FAA-approved. Corrective instructions for submitting comments. actions are considered FAA-approved if they • service occurrences of loss of fuel Fax: 202–493–2251. system suction feed capability, followed are approved by the State of Design Authority • Mail: U.S. Department of by total loss of pressure of the fuel feed (or their delegated agent). You are required Transportation, Docket Operations, M– to assure the product is airworthy before it system. This condition, if not corrected, 30, West Building Ground Floor, Room is returned to service. could result in dual engine flameout, W12–140, 1200 New Jersey Avenue, SE., (3) Reporting Requirements: For any inability to restart the engines, and Washington, DC 20590. reporting requirement in this AD, under the consequent forced landing of the • Hand Delivery: U.S. Department of provisions of the Paperwork Reduction Act, airplane. the Office of Management and Budget (OMB) Transportation, Docket Operations, M– has approved the information collection 30, West Building Ground Floor, Room FAA’s Conclusions requirements and has assigned OMB Control W12–140, 1200 New Jersey Avenue, SE., Number 2120–0056. We have determined that it is Washington, DC 20590, between 9 a.m. necessary to require an operational test Related Information and 5 p.m., Monday through Friday, of the engine fuel suction feed of the (h) Refer to MCAI European Aviation except Federal holidays. fuel system, and other related testing, as Safety Agency Airworthiness Directive 2008– For service information identified in applicable. Procedures for doing the 0055, dated March 5, 2008, and Airbus this AD, contact Boeing Commercial operational test can be found in the Service Bulletin A300–28A6096, Revision 01, Airplanes, P.O. Box 3707, Seattle, maintenance manual. The other related dated April 16, 2008, for related information. Washington 98124–2207. testing is for airplanes on which one or Issued in Renton, Washington, on May 29, Examining the AD Docket both of the engines stop idling in less 2008. You may examine the AD docket on than five minutes after starting the test. Ali Bahrami, the Internet at http:// Failure of the engine fuel suction feed Manager, Transport Airplane Directorate, www.regulations.gov; or in person at the of the fuel system could result in the Aircraft Certification Service. Docket Management Facility between 9 unsafe condition described previously. [FR Doc. E8–12727 Filed 6–5–08; 8:45 am] a.m. and 5 p.m., Monday through FAA’s Determination and Requirements BILLING CODE 4910–13–P Friday, except Federal holidays. The AD of This Proposed AD docket contains this proposed AD, the We are proposing this AD because we DEPARTMENT OF TRANSPORTATION regulatory evaluation, any comments have evaluated all pertinent information received, and other information. The and identified an unsafe condition that Federal Aviation Administration street address for the Docket Office is likely to exist or develop on other (telephone 800–647–5527) is in the airplanes of this same type design. This 14 CFR Part 39 ADDRESSES section. Comments will be proposed AD would require performing available in the AD docket shortly after repetitive operational tests of the engine [Docket No. FAA–2008–0616; Directorate receipt. Identifier 2007–NM–353–AD] fuel suction feed of the fuel system, and FOR FURTHER INFORMATION CONTACT: Sue other related testing if necessary. RIN 2120–AA64 Lucier, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Costs of Compliance Airworthiness Directives; Boeing Aircraft Certification Office, 1601 Lind We estimate that this proposed AD Model 767 Airplanes Avenue, SW., Renton, Washington would affect 416 airplanes of U.S. AGENCY: Federal Aviation 98057–3356; telephone (425) 917–6438; registry. We also estimate that it would Administration (FAA), DOT. fax (425) 917–6590. take 1 work-hour per product, per test, ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: to comply with this proposed AD. The average labor rate is $80 per work-hour. (NPRM). Comments Invited Based on these figures, we estimate the SUMMARY: We propose to adopt a new We invite you to send any written cost of this proposed AD to the U.S. airworthiness directive (AD) for all relevant data, views, or arguments about operators to be $33,280, or $80 per Boeing Model 767 airplanes. This this proposed AD. Send your comments product, per test. proposed AD would require performing to an address listed under the repetitive operational tests of the engine ADDRESSES section. Include ‘‘Docket No. Authority for This Rulemaking fuel suction feed of the fuel system, and FAA–2008–0616; Directorate Identifier Title 49 of the United States Code other related testing if necessary. This 2007–NM–353–AD’’ at the beginning of specifies the FAA’s authority to issue proposed AD results from a report of in- your comments. We specifically invite rules on aviation safety. Subtitle I, service occurrences of loss of fuel comments on the overall regulatory, section 106, describes the authority of system suction feed capability, followed economic, environmental, and energy the FAA Administrator. ‘‘Subtitle VII: by total loss of pressure of the fuel feed aspects of this proposed AD. We will Aviation Programs,’’ describes in more

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detail the scope of the Agency’s Comments Due Date DEPARTMENT OF TRANSPORTATION authority. (a) We must receive comments by July 21, We are issuing this rulemaking under 2008. Federal Aviation Administration the authority described in ‘‘Subtitle VII, Affected ADs 14 CFR Part 39 Part A, Subpart III, Section 44701: (b) None. General requirements.’’ Under that [Docket No. FAA–2008–0618; Directorate section, Congress charges the FAA with Applicability Identifier 2007–NM–355–AD] promoting safe flight of civil aircraft in (c) This AD applies to all Boeing Model RIN 2120–AA64 air commerce by prescribing regulations 767–200, –300, –300F, and –400ER series airplanes, certificated in any category. for practices, methods, and procedures Airworthiness Directives; Boeing the Administrator finds necessary for Unsafe Condition Model 777 Airplanes safety in air commerce. This regulation (d) This AD results from a report of in- is within the scope of that authority service occurrences of loss of fuel system AGENCY: Federal Aviation because it addresses an unsafe condition suction feed capability, followed by total loss Administration (FAA), DOT. that is likely to exist or develop on of pressure of the fuel feed system. We are ACTION: Notice of proposed rulemaking products identified in this rulemaking issuing this AD to detect and correct failure (NPRM). action. of the engine fuel suction feed of the fuel system, which could result in dual engine SUMMARY: We propose to adopt a new Regulatory Findings flameout, inability to restart the engines, and airworthiness directive (AD) for all consequent forced landing of the airplane. We determined that this proposed AD Boeing Model 777 airplanes. This would not have federalism implications Compliance proposed AD would require performing under Executive Order 13132. This (e) Comply with this AD within the repetitive operational tests of the engine proposed AD would not have a compliance times specified, unless already fuel suction feed of the fuel system, and substantial direct effect on the States, on done. other related testing if necessary. This proposed AD results from a report of in- the relationship between the national Operational Test/Other Related Testing service occurrences of loss of fuel Government and the States, or on the (f) Within 7,500 flight hours after the distribution of power and system suction feed capability, followed effective date of this AD, perform an by total loss of pressure of the fuel feed responsibilities among the various operational test of the engine fuel suction levels of government. feed of the fuel system, and perform all other system. We are proposing this AD to detect and correct failure of the engine For the reasons discussed above, I related testing, as applicable, before further fuel suction feed of the fuel system, certify this proposed regulation: flight, according to a method approved by the Manager, Seattle Aircraft Certification Office which could result in dual engine 1. Is not a ‘‘significant regulatory (ACO), FAA. One approved method is the flameout, inability to restart the engines, action’’ under Executive Order 12866, operational test in Section 28–22–00, titled and consequent forced landing of the 2. Is not a ‘‘significant rule’’ under the ‘‘Engine Fuel Feed System—Description and airplane. DOT Regulatory Policies and Procedures Operation,’’ of the Boeing 767 Maintenance DATES: (44 FR 11034, February 26, 1979), and Manual; and Boeing 767 Task Card 28–018– We must receive comments on 02, titled ‘‘Engine Fuel Suction Feed this proposed AD by July 21, 2008. 3. Will not have a significant System,’’ dated August 22, 2007. Repeat the ADDRESSES: You may send comments by economic impact, positive or negative, operational test thereafter at intervals not to on a substantial number of small entities any of the following methods: exceed 7,500 flight hours. Thereafter, except • Federal eRulemaking Portal: Go to under the criteria of the Regulatory as provided in paragraph (g) of this AD, no http://www.regulations.gov. Follow the Flexibility Act. alternative procedure or repeat test intervals will be allowed. instructions for submitting comments. You can find our regulatory • Fax: 202–493–2251. evaluation and the estimated costs of Alternative Methods of Compliance • Mail: U.S. Department of compliance in the AD Docket. (AMOCs) Transportation, Docket Operations, M– List of Subjects in 14 CFR Part 39 (g)(1) The Manager, Seattle ACO, FAA, 30, West Building Ground Floor, Room ATTN: Sue Lucier, Aerospace Engineer, W12–140, 1200 New Jersey Avenue, SE., Air transportation, Aircraft, Aviation Propulsion Branch, ANM–140S, 1601 Lind Washington, DC 20590. safety, Safety. Avenue, SW., Renton, Washington 98057– • Hand Delivery: U.S. Department of 3356; telephone (425) 917–6438; fax (425) Transportation, Docket Operations, M– The Proposed Amendment 917–6590, has the authority to approve AMOCs for this AD, if requested using the 30, West Building Ground Floor, Room Accordingly, under the authority procedures found in 14 CFR 39.19. W12–140, 1200 New Jersey Avenue, SE., delegated to me by the Administrator, (2) To request a different method of Washington, DC 20590, between 9 a.m. the FAA proposes to amend 14 CFR part compliance or a different compliance time and 5 p.m., Monday through Friday, 39 as follows: for this AD, follow the procedures in 14 CFR except Federal holidays. 39.19. Before using any approved AMOC on For service information identified in PART 39—AIRWORTHINESS any airplane to which the AMOC applies, this AD, contact Boeing Commercial DIRECTIVES notify your appropriate principal inspector Airplanes, P.O. Box 3707, Seattle, (PI) in the FAA Flight Standards District Washington 98124–2207. 1. The authority citation for part 39 Office (FSDO), or lacking a PI, your local continues to read as follows: FSDO. Examining the AD Docket Authority: 49 U.S.C. 106(g), 40113, 44701. Issued in Renton, Washington, on May 16, You may examine the AD docket on 2008. § 39.13 [Amended] the Internet at http:// Ali Bahrami, www.regulations.gov; or in person at the 2. The FAA amends § 39.13 by adding Manager, Transport Airplane Directorate, Docket Management Facility between 9 the following new AD: Aircraft Certification Service. a.m. and 5 p.m., Monday through Boeing: Docket No. FAA–2008–0616; [FR Doc. E8–12684 Filed 6–5–08; 8:45 am] Friday, except Federal holidays. The AD Directorate Identifier 2007–NM–353–AD. BILLING CODE 4910–13–P docket contains this proposed AD, the

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regulatory evaluation, any comments FAA’s Determination and Requirements on a substantial number of small entities received, and other information. The of This Proposed AD under the criteria of the Regulatory street address for the Docket Office We are proposing this AD because we Flexibility Act. (telephone 800–647–5527) is in the have evaluated all pertinent information You can find our regulatory ADDRESSES section. Comments will be and identified an unsafe condition that evaluation and the estimated costs of available in the AD docket shortly after is likely to exist or develop on other compliance in the AD Docket. receipt. airplanes of this same type design. This List of Subjects in 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Sue proposed AD would require repetitive operational tests of the engine fuel Air transportation, Aircraft, Aviation Lucier, Aerospace Engineer, Propulsion safety, Safety. Branch, ANM–140S, FAA, Seattle suction feed of the fuel system, and other related testing if necessary. Aircraft Certification Office, 1601 Lind The Proposed Amendment Avenue, SW., Renton, Washington Costs of Compliance Accordingly, under the authority 98057–3356; telephone (425) 917–6438; We estimate that this proposed AD delegated to me by the Administrator, fax (425) 917–6590. would affect 676 airplanes of U.S. the FAA proposes to amend 14 CFR part 39 as follows: SUPPLEMENTARY INFORMATION: registry. We also estimate that it would take 1 work-hour per product, per test, Comments Invited PART 39—AIRWORTHINESS to comply with this proposed AD. The DIRECTIVES average labor rate is $80 per work-hour. We invite you to send any written Based on these figures, we estimate the 1. The authority citation for part 39 relevant data, views, or arguments about cost of this proposed AD to the U.S. continues to read as follows: this proposed AD. Send your comments operators to be $54,080, or $80 per Authority: 49 U.S.C. 106(g), 40113, 44701. to an address listed under the product, per test. ADDRESSES section. Include ‘‘Docket No. § 39.13 [Amended] Authority for This Rulemaking FAA–2008–0618; Directorate Identifier 2. The FAA amends § 39.13 by adding 2007–NM–355–AD’’ at the beginning of Title 49 of the United States Code the following new AD: your comments. We specifically invite specifies the FAA’s authority to issue comments on the overall regulatory, rules on aviation safety. Subtitle I, Boeing: Docket No. FAA–2008–0618; Directorate Identifier 2007–NM–355–AD. economic, environmental, and energy section 106, describes the authority of aspects of this proposed AD. We will the FAA Administrator. ‘‘Subtitle VII: Comments Due Date consider all comments received by the Aviation Programs,’’ describes in more (a) We must receive comments by July 21, closing date and may amend this detail the scope of the Agency’s 2008. proposed AD because of those authority. Affected ADs comments. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, (b) None. We will post all comments we Part A, Subpart III, Section 44701: receive, without change, to http:// Applicability General requirements.’’ Under that www.regulations.gov, including any (c) This AD applies to all Boeing Model section, Congress charges the FAA with personal information you provide. We 777–200, –200LR, –300, and –300ER series promoting safe flight of civil aircraft in will also post a report summarizing each airplanes, certificated in any category. air commerce by prescribing regulations Unsafe Condition substantive verbal contact we receive for practices, methods, and procedures about this proposed AD. the Administrator finds necessary for (d) This AD results from a report of in- safety in air commerce. This regulation service occurrences of loss of fuel system Discussion suction feed capability, followed by total loss is within the scope of that authority of pressure of the fuel feed system. We are We have received a report of in- because it addresses an unsafe condition issuing this AD to detect and correct failure service occurrences of loss of fuel that is likely to exist or develop on of the engine fuel suction feed of the fuel system suction feed capability, followed products identified in this rulemaking system, which could result in dual engine by total loss of pressure of the fuel feed action. flameout, inability to restart the engines, and system. This condition, if not corrected, consequent forced landing of the airplane. Regulatory Findings could result in dual engine flameout, Compliance inability to restart the engines, and We determined that this proposed AD (e) Comply with this AD within the consequent forced landing of the would not have federalism implications under Executive Order 13132. This compliance times specified, unless already airplane. done. proposed AD would not have a FAA’s Conclusions substantial direct effect on the States, on Operational Test/Other Related Testing the relationship between the national We have determined that it is (f) Within 7,500 flight hours after the Government and the States, or on the effective date of this AD, perform an necessary to require an operational test distribution of power and operational test of the engine fuel suction of the engine fuel suction feed of the responsibilities among the various feed of the fuel system, and perform all other fuel system, and other related testing, as levels of government. related testing, as applicable, before further applicable. Procedures for doing the For the reasons discussed above, I flight, according to a method approved by the operational test can be found in the certify this proposed regulation: Manager, Seattle Aircraft Certification Office maintenance manual. The other related 1. Is not a ‘‘significant regulatory (ACO), FAA. One approved method is the operational test in Section 28–22–00, titled testing is for airplanes on which one or action’’ under Executive Order 12866, both of the engines stop idling in less ‘‘Engine Fuel Feed—General Description,’’ of 2. Is not a ‘‘significant rule’’ under the the Boeing 777 Aircraft Maintenance Manual; than five minutes after starting the test. DOT Regulatory Policies and Procedures and Boeing 777 Task Card 28–020–02–01, Failure of the engine fuel suction feed (44 FR 11034, February 26, 1979), and titled ‘‘Fuel Feed Manifold,’’ dated May 5, of the fuel system could result in the 3. Will not have a significant 2007. Repeat the operational test thereafter at unsafe condition described previously. economic impact, positive or negative, intervals not to exceed 7,500 flight hours.

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Thereafter, except as provided in paragraph DATES: We must receive comments on personal information you provide. We (g) of this AD, no alternative procedure or this proposed AD by July 21, 2008. will also post a report summarizing each repeat test intervals will be allowed. ADDRESSES: You may send comments by substantive verbal contact we receive Alternative Methods of Compliance any of the following methods: about this proposed AD. (AMOCs) • Federal eRulemaking Portal: Go to Discussion (g)(1) The Manager, Seattle ACO, FAA, http://www.regulations.gov. Follow the ATTN: Sue Lucier, Aerospace Engineer, instructions for submitting comments. We have received a report of in- Propulsion Branch, ANM–140S, 1601 Lind • Fax: 202–493–2251. service occurrences of loss of fuel Avenue SW., Renton, Washington 98057– • Mail: U.S. Department of system suction feed capability, followed 3356; telephone (425) 917–6438; fax (425) Transportation, Docket Operations, M– by total loss of pressure of the fuel feed 917–6590, has the authority to approve 30, West Building Ground Floor, Room system. This condition, if not corrected, AMOCs for this AD, if requested using the could result in dual engine flameout, procedures found in 14 CFR 39.19. W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. inability to restart the engines, and (2) To request a different method of • consequent forced landing of the compliance or a different compliance time Hand Delivery: U.S. Department of for this AD, follow the procedures in 14 CFR Transportation, Docket Operations, M– airplane. 39.19. Before using any approved AMOC on 30, West Building Ground Floor, Room FAA’s Conclusions any airplane to which the AMOC applies, W12–140, 1200 New Jersey Avenue, SE., notify your appropriate principal inspector Washington, DC 20590, between 9 a.m. We have determined that it is (PI) in the FAA Flight Standards District and 5 p.m., Monday through Friday, necessary to require an operational test Office (FSDO), or lacking a PI, your local except Federal holidays. of the engine fuel suction feed of the FSDO. For service information identified in fuel system, and other related testing, as Issued in Renton, Washington, on May 16, this AD, contact Boeing Commercial applicable. Procedures for doing the 2008. Airplanes, P.O. Box 3707, Seattle, operational test can be found in the Ali Bahrami, Washington 98124–2207. maintenance manual. The other related Manager, Transport Airplane Directorate, testing is for airplanes on which one or Aircraft Certification Service. Examining the AD Docket both of the engines stop idling in less [FR Doc. E8–12691 Filed 6–5–08; 8:45 am] You may examine the AD docket on than five minutes after starting the test. BILLING CODE 4910–13–P the Internet at http:// Failure of the engine fuel suction feed www.regulations.gov; or in person at the of the fuel system could result in the Docket Management Facility between 9 unsafe condition described previously. DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., Monday through FAA’s Determination and Requirements Friday, except Federal holidays. The AD of This Proposed AD Federal Aviation Administration docket contains this proposed AD, the regulatory evaluation, any comments We are proposing this AD because we 14 CFR Part 39 received, and other information. The have evaluated all pertinent information and identified an unsafe condition that [Docket No. FAA–2008–0617; Directorate street address for the Docket Office (telephone 800–647–5527) is in the is likely to exist or develop on other Identifier 2007–NM–354–AD] airplanes of this same type design. The ADDRESSES section. Comments will be RIN 2120–AA64 available in the AD docket shortly after proposed AD would require performing receipt. repetitive operational tests of the engine Airworthiness Directives; Boeing fuel suction feed of the fuel system, and FOR FURTHER INFORMATION CONTACT: Sue Model 737–600, –700, –700C, –800, other related testing if necessary. Lucier, Aerospace Engineer, Propulsion –900, and –900ER Series Airplanes Branch, ANM–140S, FAA, Seattle Costs of Compliance AGENCY: Federal Aviation Aircraft Certification Office, 1601 Lind We estimate that this proposed AD Administration (FAA), DOT. Avenue, SW., Renton, Washington would affect 825 airplanes of U.S. ACTION: Notice of proposed rulemaking 98057–3356; telephone (425) 917–6438; registry. We also estimate that it would (NPRM). fax (425) 917–6590. take 1 work-hour per product, per test, SUPPLEMENTARY INFORMATION: to comply with this proposed AD. The SUMMARY: We propose to adopt a new Comments Invited average labor rate is $80 per work-hour. airworthiness directive (AD) for certain Based on these figures, we estimate the Boeing Model 737–600, –700, –700C, We invite you to send any written cost of this proposed AD to the U.S. –800, –900, and –900ER series relevant data, views, or arguments about operators to be $66,000, or $80 per airplanes. This proposed AD would this proposed AD. Send your comments product, per test. require performing repetitive to an address listed under the operational tests of the engine fuel ADDRESSES section. Include ‘‘Docket No. Authority for This Rulemaking suction feed of the fuel system, and FAA–2008–0617; Directorate Identifier Title 49 of the United States Code other related testing if necessary. This 2007–NM–354–AD’’ at the beginning of specifies the FAA’s authority to issue proposed AD results from a report of in- your comments. We specifically invite rules on aviation safety. Subtitle I, service occurrences of loss of fuel comments on the overall regulatory, section 106, describes the authority of system suction feed capability, followed economic, environmental, and energy the FAA Administrator. ‘‘Subtitle VII: by total loss of pressure of the fuel feed aspects of this proposed AD. We will Aviation Programs,’’ describes in more system. We are proposing this AD to consider all comments received by the detail the scope of the Agency’s detect and correct failure of the engine closing date and may amend this authority. fuel suction feed of the fuel system, proposed AD because of those We are issuing this rulemaking under which could result in dual engine comments. the authority described in ‘‘Subtitle VII, flameout, inability to restart the engines, We will post all comments we Part A, Subpart III, Section 44701: and consequent forced landing of the receive, without change, to http:// General requirements.’’ Under that airplane. www.regulations.gov, including any section, Congress charges the FAA with

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promoting safe flight of civil aircraft in Applicability DEPARTMENT OF TRANSPORTATION air commerce by prescribing regulations (c) This AD applies to Boeing Model 737– for practices, methods, and procedures 600, –700, –700C, –800, –900, and –900ER Federal Aviation Administration the Administrator finds necessary for series airplanes, certificated in any category. safety in air commerce. This regulation 14 CFR Part 39 Unsafe Condition is within the scope of that authority [Docket No. FAA–2008–0615; Directorate because it addresses an unsafe condition (d) This AD results from a report of in- Identifier 2007–NM–352–AD] that is likely to exist or develop on service occurrences of loss of fuel system products identified in this rulemaking suction feed capability, followed by total loss RIN 2120–AA64 action. of pressure of the fuel feed system. We are issuing this AD to detect and correct failure Airworthiness Directives; Boeing Regulatory Findings of the engine fuel suction feed of the fuel Model 757 Airplanes We determined that this proposed AD system, which could result in dual engine AGENCY: Federal Aviation would not have federalism implications flameout, inability to restart the engines, and Administration (FAA), DOT. consequent forced landing of the airplane. under Executive Order 13132. This ACTION: Notice of proposed rulemaking proposed AD would not have a Compliance (NPRM). substantial direct effect on the States, on (e) Comply with this AD within the the relationship between the national SUMMARY: We propose to adopt a new compliance times specified, unless already airworthiness directive (AD) for all Government and the States, or on the done. distribution of power and Boeing Model 757 airplanes. This responsibilities among the various Operational Test/Other Related Testing proposed AD would require performing levels of government. (f) Within 7,500 flight hours after the repetitive operational tests of the engine fuel suction feed of the fuel system, and For the reasons discussed above, I effective date of this AD, perform an other related testing if necessary. This certify this proposed regulation: operational test of the engine fuel suction feed of the fuel system, and perform all other proposed AD results from a report of in- 1. Is not a ‘‘significant regulatory related testing, as applicable, before further service occurrences of loss of fuel action’’ under Executive Order 12866, flight, according to a method approved by the system suction feed capability, followed 2. Is not a ‘‘significant rule’’ under the Manager, Seattle Aircraft Certification Office by total loss of pressure of the fuel feed DOT Regulatory Policies and Procedures (ACO), FAA. One approved method is the system. We are proposing this AD to (44 FR 11034, February 26, 1979), and operational test in Section 28–22–00, titled detect and correct failure of the engine 3. Will not have a significant ‘‘Engine Fuel Feed System—Adjustment/ fuel suction feed of the fuel system, economic impact, positive or negative, Test,’’ of the Boeing 737–600/700/800/900 which could result in dual engine on a substantial number of small entities Aircraft Maintenance Manual (AMM); and flameout, inability to restart the engines, under the criteria of the Regulatory Boeing 737–600/700/800/900 Task Card 28– and consequent forced landing of the Flexibility Act. 050–00–01, titled ‘‘Engine Fuel Suction airplane. Feed,’’ dated February 15, 2008. Repeat the You can find our regulatory DATES: We must receive comments on operational test thereafter at intervals not to this proposed AD by July 21, 2008. evaluation and the estimated costs of exceed 7,500 flight hours. Thereafter, except ADDRESSES: compliance in the AD Docket. as provided in paragraph (g) of this AD, no You may send comments by any of the following methods: List of Subjects in 14 CFR Part 39 alternative procedure or repeat test intervals • will be allowed. Federal eRulemaking Portal: Go to Air transportation, Aircraft, Aviation http://www.regulations.gov. Follow the safety, Safety. Alternative Methods of Compliance instructions for submitting comments. (AMOCs) • Fax: 202–493–2251. The Proposed Amendment (g)(1) The Manager, Seattle ACO, FAA, • Mail: U.S. Department of Transportation, Docket Operations, M– Accordingly, under the authority ATTN: Sue Lucier, Aerospace Engineer, 30, West Building Ground Floor, Room delegated to me by the Administrator, Propulsion Branch, ANM–140S, 1601 Lind W12–140, 1200 New Jersey Avenue, SE., the FAA proposes to amend 14 CFR part Avenue, SW., Renton, Washington 98057– Washington, DC 20590. 39 as follows: 3356; telephone (425) 917–6438; fax (425) 917–6590, has the authority to approve • Hand Delivery: U.S. Department of PART 39—AIRWORTHINESS AMOCs for this AD, if requested using the Transportation, Docket Operations, M– DIRECTIVES procedures found in 14 CFR 39.19. 30, West Building Ground Floor, Room (2) To request a different method of W12–140, 1200 New Jersey Avenue, SE., 1. The authority citation for part 39 compliance or a different compliance time Washington, DC 20590, between 9 a.m. continues to read as follows: for this AD, follow the procedures in 14 CFR and 5 p.m., Monday through Friday, 39.19. Before using any approved AMOC on except Federal holidays. Authority: 49 U.S.C. 106(g), 40113, 44701. any airplane to which the AMOC applies, For service information identified in § 39.13 [Amended] notify your appropriate principal inspector this AD, contact Boeing Commercial (PI) in the FAA Flight Standards District Airplanes, P.O. Box 3707, Seattle, 2. The FAA amends § 39.13 by adding Office (FSDO), or lacking a PI, your local Washington 98124–2207. the following new AD: FSDO. Boeing: Docket No. FAA–2008–0617; Examining the AD Docket Issued in Renton, Washington, on May 16, Directorate Identifier 2007–NM–354–AD. 2008. You may examine the AD docket on Comments Due Date the Internet at http:// Ali Bahrami, www.regulations.gov; or in person at the (a) We must receive comments by July 21, Manager, Transport Airplane Directorate, 2008. Docket Management Facility between 9 Aircraft Certification Service. a.m. and 5 p.m., Monday through Affected ADs [FR Doc. E8–12685 Filed 6–5–08; 8:45 am] Friday, except Federal holidays. The AD (b) None. BILLING CODE 4910–13–P docket contains this proposed AD, the

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regulatory evaluation, any comments FAA’s Determination and Requirements on a substantial number of small entities received, and other information. The of This Proposed AD under the criteria of the Regulatory street address for the Docket Office We are proposing this AD because we Flexibility Act. (telephone 800–647–5527) is in the have evaluated all pertinent information You can find our regulatory ADDRESSES section. Comments will be and identified an unsafe condition that evaluation and the estimated costs of available in the AD docket shortly after is likely to exist or develop on other compliance in the AD Docket. receipt. airplanes of this same type design. This List of Subjects in 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Sue proposed AD would require performing repetitive operational tests of the engine Air transportation, Aircraft, Aviation Lucier, Aerospace Engineer, Propulsion safety, Safety. Branch, ANM–140S, FAA, Seattle fuel suction feed of the fuel system, and other related testing if necessary. Aircraft Certification Office, 1601 Lind The Proposed Amendment Avenue, SW., Renton, Washington Costs of Compliance Accordingly, under the authority 98057–3356; telephone (425) 917–6438; We estimate that this proposed AD delegated to me by the Administrator, fax (425) 917–6590. would affect 673 airplanes of U.S. the FAA proposes to amend 14 CFR part 39 as follows: SUPPLEMENTARY INFORMATION: registry. We also estimate that it would take 1 work-hour per product, per test, Comments Invited PART 39—AIRWORTHINESS to comply with this proposed AD. The DIRECTIVES average labor rate is $80 per work-hour. We invite you to send any written Based on these figures, we estimate the 1. The authority citation for part 39 relevant data, views, or arguments about cost of this proposed AD to the U.S. continues to read as follows: this proposed AD. Send your comments operators to be $53,840, or $80 per Authority: 49 U.S.C. 106(g), 40113, 44701. to an address listed under the product, per test. ADDRESSES section. Include ‘‘Docket No. § 39.13 [Amended] Authority for This Rulemaking FAA–2008–0615; Directorate Identifier 2. The FAA amends § 39.13 by adding 2007–NM–352–AD’’ at the beginning of Title 49 of the United States Code the following new AD: your comments. We specifically invite specifies the FAA’s authority to issue comments on the overall regulatory, rules on aviation safety. Subtitle I, Boeing: Docket No. FAA–2008–0615; Directorate Identifier 2007–NM–352–AD. economic, environmental, and energy section 106, describes the authority of aspects of this proposed AD. We will the FAA Administrator. ‘‘Subtitle VII: Comments Due Date consider all comments received by the Aviation Programs,’’ describes in more (a) We must receive comments by July 21, closing date and may amend this detail the scope of the Agency’s 2008. proposed AD because of those authority. Affected ADs comments. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, (b) None. We will post all comments we Part A, Subpart III, Section 44701: receive, without change, to http:// Applicability General requirements.’’ Under that www.regulations.gov, including any (c) This AD applies to all Boeing Model section, Congress charges the FAA with personal information you provide. We 757–200, –200PF, –200CB, and –300 series promoting safe flight of civil aircraft in will also post a report summarizing each airplanes, certificated in any category. air commerce by prescribing regulations Unsafe Condition substantive verbal contact we receive for practices, methods, and procedures about this proposed AD. the Administrator finds necessary for (d) This AD results from a report of in- safety in air commerce. This regulation service occurrences of loss of fuel system Discussion suction feed capability, followed by total loss is within the scope of that authority of pressure of the fuel feed system. We are We have received a report of in- because it addresses an unsafe condition issuing this AD to detect and correct failure service occurrences of loss of fuel that is likely to exist or develop on of the engine fuel suction feed of the fuel system suction feed capability, followed products identified in this rulemaking system, which could result in dual engine by total loss of pressure of the fuel feed action. flameout, inability to restart the engines, and system. This condition, if not corrected, consequent forced landing of the airplane. Regulatory Findings could result in dual engine flameout, Compliance inability to restart the engines, and We determined that this proposed AD (e) Comply with this AD within the consequent forced landing of the would not have federalism implications under Executive Order 13132. This compliance times specified, unless already airplane. done. proposed AD would not have a FAA’s Conclusions substantial direct effect on the States, on Operational Test/Other Related Testing the relationship between the national We have determined that it is (f) Within 7,500 flight hours after the Government and the States, or on the effective date of this AD, perform an necessary to require an operational test distribution of power and operational test of the engine fuel suction of the engine fuel suction feed of the responsibilities among the various feed of the fuel system, and perform all other fuel system, and other related testing, as levels of government. related testing, as applicable, before further applicable. Procedures for doing the For the reasons discussed above, I flight, according to a method approved by the operational test can be found in the certify this proposed regulation: Manager, Seattle Aircraft Certification Office maintenance manual. The other related 1. Is not a ‘‘significant regulatory (ACO), FAA. One approved method is the operational test in Section 28–22–00, titled testing is for airplanes on which one or action’’ under Executive Order 12866, both of the engines stop idling in less ‘‘Engine Fuel Feed System—Description/ 2. Is not a ‘‘significant rule’’ under the Operation,’’ of the Boeing 757 Maintenance than five minutes after starting the test. DOT Regulatory Policies and Procedures Manual; and Boeing 757 Task Card 28–013– Failure of the engine fuel suction feed (44 FR 11034, February 26, 1979), and 01, titled ‘‘Engine Fuel Suction Feed of the fuel system could result in the 3. Will not have a significant System,’’ dated September 28, 2007. Repeat unsafe condition described previously. economic impact, positive or negative, the operational test thereafter at intervals not

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to exceed 7,500 flight hours. Thereafter, DATES: We must receive comments on personal information you provide. We except as provided in paragraph (g) of this this proposed AD by July 21, 2008. will also post a report summarizing each AD, no alternative procedure or repeat test ADDRESSES: substantive verbal contact we receive intervals will be allowed. You may send comments by any of the following methods: about this proposed AD. Alternative Methods of Compliance • Federal eRulemaking Portal: Go to Discussion (AMOCs) http://www.regulations.gov. Follow the (g)(1) The Manager, Seattle ACO, FAA, instructions for submitting comments. We have received a report of in- ATTN: Sue Lucier, Aerospace Engineer, • Fax: 202–493–2251. service occurrences of loss of fuel Propulsion Branch, ANM–140S, 1601 Lind • Mail: U.S. Department of system suction feed capability, followed Avenue, SW., Renton, Washington 98057– Transportation, Docket Operations, M– by total loss of pressure of the fuel feed 3356; telephone (425) 917–6438; fax (425) 30, West Building Ground Floor, Room system. This condition, if not corrected, 917–6590, has the authority to approve could result in dual engine flameout, AMOCs for this AD, if requested using the W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. inability to restart the engines, and procedures found in 14 CFR 39.19. • consequent forced landing of the (2) To request a different method of Hand Delivery: U.S. Department of compliance or a different compliance time Transportation, Docket Operations, M– airplane. for this AD, follow the procedures in 14 CFR 30, West Building Ground Floor, Room FAA’s Conclusions 39.19. Before using any approved AMOC on W12–140, 1200 New Jersey Avenue SE., any airplane to which the AMOC applies, Washington, DC 20590, between 9 a.m. We have determined that it is notify your appropriate principal inspector and 5 p.m., Monday through Friday, necessary to require an operational test (PI) in the FAA Flight Standards District except Federal holidays. of the engine fuel suction feed of the Office (FSDO), or lacking a PI, your local fuel system, and other related testing, as FSDO. For service information identified in this AD, contact Boeing Commercial applicable. Procedures for doing the Issued in Renton, Washington, on May 16, Airplanes, P.O. Box 3707, Seattle, operational test can be found in the 2008. Washington 98124–2207. maintenance manual. The other related Ali Bahrami, testing is for airplanes on which Manager, Transport Airplane Directorate, Examining the AD Docket deterioration or fast changes in the Aircraft Certification Service. You may examine the AD docket on engine RPM are found during the [FR Doc. E8–12749 Filed 6–5–08; 8:45 am] the Internet at http:// operational test. Failure of the engine BILLING CODE 4910–13–P www.regulations.gov; or in person at the fuel suction feed of the fuel system Docket Management Facility between 9 could result in the unsafe condition a.m. and 5 p.m., Monday through described previously. DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. The AD FAA’s Determination and Requirements docket contains this proposed AD, the of This Proposed AD Federal Aviation Administration regulatory evaluation, any comments received, and other information. The We are proposing this AD because we 14 CFR Part 39 street address for the Docket Office have evaluated all pertinent information (telephone 800–647–5527) is in the and identified an unsafe condition that [Docket No. FAA–2008–0614; Directorate is likely to exist or develop on other Identifier 2007–NM–351–AD] ADDRESSES section. Comments will be available in the AD docket shortly after airplanes of this same type design. This RIN 2120–AA64 receipt. proposed AD would require performing repetitive operational tests of the engine FOR FURTHER INFORMATION CONTACT: Sue Airworthiness Directives; Boeing fuel suction feed of the fuel system, and Lucier, Aerospace Engineer, Propulsion Model 737–300, –400, and –500 Series other related testing if necessary. Branch, ANM–140S, FAA, Seattle Airplanes Aircraft Certification Office, 1601 Lind Costs of Compliance AGENCY: Federal Aviation Avenue SW., Renton, Washington We estimate that this proposed AD Administration (FAA), DOT. 98057–3356; telephone (425) 917–6438; would affect 669 airplanes of U.S. ACTION: Notice of proposed rulemaking fax (425) 917–6590. registry. We also estimate that it would (NPRM). SUPPLEMENTARY INFORMATION: take 1 work-hour per product, per test, Comments Invited to comply with this proposed AD. The SUMMARY: We propose to adopt a new average labor rate is $80 per work-hour. airworthiness directive (AD) for all We invite you to send any written Based on these figures, we estimate the Boeing Model 737–300, –400, and –500 relevant data, views, or arguments about cost of this proposed AD to the U.S. series airplanes. This proposed AD this proposed AD. Send your comments operators to be $53,520, or $80 per would require performing repetitive to an address listed under the product, per test. operational tests of the engine fuel ADDRESSES section. Include ‘‘Docket No. suction feed of the fuel system, and FAA–2008–0614; Directorate Identifier Authority for This Rulemaking other related testing if necessary. This 2007–NM–351–AD’’ at the beginning of Title 49 of the United States Code proposed AD results from a report of in- your comments. We specifically invite specifies the FAA’s authority to issue service occurrences of loss of fuel comments on the overall regulatory, rules on aviation safety. Subtitle I, system suction feed capability, followed economic, environmental, and energy section 106, describes the authority of by total loss of pressure of the fuel feed aspects of this proposed AD. We will the FAA Administrator. ‘‘Subtitle VII: system. We are proposing this AD to consider all comments received by the Aviation Programs,’’ describes in more detect and correct failure of the engine closing date and may amend this detail the scope of the Agency’s fuel suction feed of the fuel system, proposed AD because of those authority. which could result in dual engine comments. We are issuing this rulemaking under flameout, inability to restart the engines, We will post all comments we the authority described in ‘‘Subtitle VII, and consequent forced landing of the receive, without change, to http:// Part A, Subpart III, Section 44701: airplane. www.regulations.gov, including any General requirements.’’ Under that

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section, Congress charges the FAA with Applicability FEDERAL TRADE COMMISSION promoting safe flight of civil aircraft in (c) This AD applies to all Boeing Model air commerce by prescribing regulations 737–300, –400, and –500 series airplanes, 16 CFR Part 317 for practices, methods, and procedures certificated in any category. [Project No. P082900] the Administrator finds necessary for RIN 3084-AB12 safety in air commerce. This regulation Unsafe Condition is within the scope of that authority (d) This AD results from a report of in- Prohibitions On Market Manipulation because it addresses an unsafe condition service occurrences of loss of fuel system and False Information in Subtitle B of that is likely to exist or develop on suction feed capability, followed by total loss Title VIII of The Energy Independence products identified in this rulemaking of pressure of the fuel feed system. We are and Security Act of 2007 action. issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel AGENCY: Federal Trade Commission. Regulatory Findings system, which could result in dual engine ACTION: Extension of period to submit We determined that this proposed AD flameout, inability to restart the engines, and comments in response to the Advance would not have federalism implications consequent forced landing of the airplane. Notice of Proposed Rulemaking. under Executive Order 13132. This Compliance SUMMARY: proposed AD would not have a In a Federal Register notice (e) Comply with this AD within the issued and announced on May 1, 2008,1 substantial direct effect on the States, on compliance times specified, unless already the relationship between the national and published in the Federal Register done. 2 Government and the States, or on the on May 7, 2008 (‘‘Notice’’), the Federal distribution of power and Operational Test/Related Testing Trade Commission (‘‘Commission’’ or ‘‘FTC’’) requested comment on its responsibilities among the various (f) Within 7,500 flight hours after the levels of government. Advance Notice of Proposed effective date of this AD, perform an Rulemaking (‘‘ANPR’’) in connection For the reasons discussed above, I operational test of the engine fuel suction with its rulemaking pursuant to Section feed of the fuel system, and perform all certify this proposed regulation: 811 of the Energy Independence and related testing, as applicable, before further 1. Is not a ‘‘significant regulatory Security Act of 2007 (‘‘EISA’’). The flight, according to a method approved by the action’’ under Executive Order 12866, ANPR stated that comments must be Manager, Seattle Aircraft Certification Office 2. Is not a ‘‘significant rule’’ under the submitted on or before June 6, 2008. In (ACO), FAA. One approved method is the DOT Regulatory Policies and Procedures operational test in Section 28–22–00, titled response to a request to extend the (44 FR 11034, February 26, 1979), and ‘‘Engine Fuel Feed System—Maintenance comment period received on May 19, 3. Will not have a significant Practices,’’ of the Boeing 737–300/400/500 2008, the Commission has determined economic impact, positive or negative, Maintenance Manual (MM); and Boeing 737– to extend the comment period for an on a substantial number of small entities 300/400/500 Task Card B28–22–00–2B, titled additional 15 days. under the criteria of the Regulatory ‘‘Engine Fuel Suction Feed—Operational DATES: Comments addressing the Market Flexibility Act. Test,’’ dated July 12, 2006. Repeat the Manipulation ANPR must be received You can find our regulatory operational test thereafter at intervals not to on or before June 23, 2008. evaluation and the estimated costs of exceed 7,500 flight hours. Thereafter, except ADDRESSES: Comments should refer to compliance in the AD Docket. as provided in paragraph (g) of this AD, no ‘‘Market Manipulation Rulemaking, alternative procedure or repeat test intervals List of Subjects in 14 CFR Part 39 P082900’’ to facilitate the organization will be allowed. of comments. Comments containing Air transportation, Aircraft, Aviation Alternative Methods of Compliance material for which confidential safety, Safety. (AMOCs) treatment is requested must be filed in paper form, must be clearly labeled The Proposed Amendment (g)(1) The Manager, Seattle ACO, FAA, ‘‘Confidential,’’ and must comply with ATTN: Sue Lucier, Aerospace Engineer, Accordingly, under the authority Commission Rule 4.9(c).3 Propulsion Branch, ANM–140S, 1601 Lind Because paper mail in the Washington delegated to me by the Administrator, Avenue SW., Renton, Washington 98057– the FAA proposes to amend 14 CFR part 3356; telephone (425) 917–6438; fax (425) area, and specifically to the FTC, is 39 as follows: 917–6590, has the authority to approve subject to delay due to heightened AMOCs for this AD, if requested using the security screening, please consider PART 39—AIRWORTHINESS submitting your comments in electronic DIRECTIVES procedures found in 14 CFR 39.19. (2) To request a different method of form. Comments filed in electronic form compliance or a different compliance time should be submitted by using the 1. The authority citation for part 39 following weblink: (https:// continues to read as follows: for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on 1 Authority: 49 U.S.C. 106(g), 40113, 44701. any airplane to which the AMOC applies, The Notice was announced in a press release on May 1, 2008, available at: (http://www.ftc.gov/ § 39.13 [Amended] notify your appropriate principal inspector opa/2008/05/anpr.shtm.) (PI) in the FAA Flight Standards District 2 Federal Trade Commission, Prohibitions On 2. The FAA amends § 39.13 by adding Office (FSDO), or lacking a PI, your local Market Manipulation and False Information in the following new AD: FSDO. Subtitle B of the Energy Independence and Security Boeing: Docket No. FAA–2008–0614; Act of 2007, 73 FR 25614 (May 7, 2008). Issued in Renton, Washington, on May 16, 3 Directorate Identifier 2007–NM–351–AD. The comment must be accompanied by an 2008. explicit request for confidential treatment, Comments Due Date Ali Bahrami, including the factual and legal basis for the request, and must identify the specific portions of the (a) We must receive comments by July 21, Manager, Transport Airplane Directorate, comment to be withheld from the public record. 2008. Aircraft Certification Service. The request will be granted or denied by the Affected ADs [FR Doc. E8–12752 Filed 6–5–08; 8:45 am] Commission’s General Counsel, consistent with applicable law and the public interest. See (b) None. BILLING CODE 4910–13–P Commission Rule 4.9(c), 16 CFR 4.9(c).

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secure.commentworks.com/ftc- petroleum industry. In that Notice, the the comment period set forth in the marketmanipulationANPR/)(and Commission solicited comment on a ANPR until June 23, 2008.4 following the instructions on the web- variety of topics including the scope of By direction of the Commission. based form). To ensure that the a proposed Rule; the impact of other Donald S. Clark, Commission considers an electronic agencies’ extant rules against market Secretary. comment, you must file it on the web- manipulation on a proposed Rule; and [FR Doc. E8–12739 Filed 6–5–08: 8:45 am] based form at the weblink (https:// the effectiveness of monetary penalties [BILLING CODE 6750–01–S] secure.commentworks.com/ftc- in curbing behavior proscribed by a marketmanipulationANPR/). If this proposed Rule. The ANPR stated that notice appears at http:// the period for submitting initial COMMODITY FUTURES TRADING www.regulations.gov, you may also file comments would close on June 6, 2008. an electronic comment through that COMMISSION website. The Commission will consider On May 19, 2008, the Commission all comments that regulations.gov received a letter from counsel for the 17 CFR Part 150 forwards to it. You may also visit the American Petroleum Institute (‘‘API’’) RIN 3038–AC140 FTC website at (http://www.ftc.gov/opa/ requesting that the Commission extend index.shtml)to read the ANPR and the the comment deadline in the ANPR Revision of Federal Speculative news release describing it. proceeding for an additional 60 days, Position Limits A comment filed in paper form resulting in a 90-day comment period. AGENCY: Commodity Futures Trading should include the ‘‘Market In its request, API advances three Commission. Manipulation Rulemaking, P082900’’ arguments in support of an extension of ACTION: Proposed rules; withdrawal. reference both in the text and on the the comment period. First, API argues envelope, and should be mailed to the that additional time is needed to SUMMARY: On November 21, 2007, the following address: Federal Trade canvass its more than 400 members and Commodity Futures Trading Commission, Market Manipulation to ‘‘consolidate and present that Commission (Commission or CFTC) Rulemaking, P.O. Box 2846, Fairfax, VA information for the Commission’s published a proposed rulemaking to 22031-0846. This address does not consideration.’’ Second, API contends increase the Federal speculative accept courier or overnight deliveries. that the extension is necessary to ensure position limits for certain agricultural Courier or overnight deliveries should that there is ‘‘sufficient time for commodity contracts set out in be delivered to: Federal Trade thoughtful deliberation’’ about the Commission regulation 150.2 (proposed Commission/Office of the Secretary, 1 ‘‘many novel and complex issues’’ rulemaking). The proposed rulemaking Room H-135 (Annex G), 600 addressed in the ANPR. Third, API would have increased the single-month Pennsylvania Avenue, NW, Washington, and all-months-combined position DC 20580. opines that ‘‘defining ‘manipulation’ is inherently difficult and not within the limits for all contracts except contracts The FTC Act and other laws the based on oats in accordance with the Commission administers permit the Commission’s traditional antitrust or consumer protection experience,’’ and formula set out in Commission collection of public comments to regulation 150.5(c). The proposed thus providing additional time to consider and use in this proceeding as rulemaking would have also required commenters will yield more carefully appropriate. The Commission will the aggregation of traders’ positions in consider all timely and responsive considered comments, which will be contracts that share substantially public comments that it receives, beneficial to the Commission as it identical terms with regulation 150.2- whether filed in paper or electronic proceeds. enumerated contracts, regardless of form. Comments received will be The Commission is sympathetic to the whether such contracts were available to the public on the FTC concerns raised by API. The specifically delineated in that website, to the extent practicable, at Commission, however, is not persuaded regulation, for the purposes of http://www.ftc.gov. As a matter of that a full 60-day extension—which ascertaining compliance with the discretion, the FTC makes every effort to would triple the time allocated by the Federal speculative position limits. For remove home contact information for Commission for the receipt of the reasons provided below, the individuals from the public comments it comments—is necessary to ensure that Commission has determined to receives before placing those comments interested parties have an adequate withdraw the proposed rulemaking. on the FTC website. More information, FOR FURTHER INFORMATION CONTACT: including routine uses permitted by the opportunity to prepare and submit Donald Heitman, Senior Special Privacy Act, may be found in the FTC’s thoughtful responses at this stage in the Counsel, Division of Market Oversight, privacy policy, at (http://www.ftc.gov/ proceeding. The Commission believes Commodity Futures Trading ftc/privacy.htm). that a 15-day extension of the initial 30- Commission, Three Lafayette Centre, FOR FURTHER INFORMATION CONTACT: day comment period should be sufficient to enable API and all other 1155 21st Street, NW., Washington, DC James Mongoven, Deputy Assistant 20581, telephone (202) 418–5041, Director of Policy & Coordination, commenters to finalize and submit comments in response to the ANPR facsimile number (202) 418–5507, e- Bureau of Competition, Federal Trade mail [email protected]; or Martin Commission, Market Manipulation while avoiding unnecessary delay. Further, in the event that the Murray, Economist, Division of Market Rulemaking, P.O. Box 2846, Fairfax, VA Oversight, telephone (202) 418–5276, 22031-0846, (202) 326-3772. Commission determines to issue a Notice of Proposed Rulemaking in this SUPPLEMENTARY INFORMATION: On May 7, 4 Under Commission Rule 4.3(a), the 15-day 2008, the Commission published an proceeding, interested parties will be comment period begins on Monday, June 9, 2008, ANPR pursuant to the authority granted afforded an additional period of time in the first business day after the date on which the comment period is currently scheduled to end. 16 to it in Section 811 of the EISA to which to submit comments in response to a proposed Rule. Accordingly, the CFR 4.3(a). promulgate regulations prohibiting 1 Revision of Federal Speculative Position Limits, ‘‘market manipulation’’ in the Commission has determined to extend 72 FR 65483 (November 21, 2007).

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facsimile number (202) 418–5507, e- exemption from the Federal speculative Commission has determined to mail [email protected]. position limits.6 withdraw these proposed rules. SUPPLEMENTARY INFORMATION: The Collectively, the comments received FOR FURTHER INFORMATION CONTACT: Commission has long established and in response to the proposed rulemaking Donald Heitman, Senior Special enforced speculative position limits for and at the Commission’s April 22 Counsel, Division of Market Oversight, futures contracts on various agricultural Agricultural Forum reflected differing Commodity Futures Trading commodities. The Commission perspectives on a wide range of issues periodically reviews these Federal of substantive import to the proposed Commission, Three Lafayette Centre, speculative position limits, which are rulemaking. The issues covered by the 1155 21st Street, NW., Washington, DC set out in Commission regulation commenters, both in favor and opposed 20581, telephone (202) 418–5041, 150.2.2 On November 21, 2007, the to the Commission’s proposal to revise facsimile number (202) 418–5507, Commission published its proposed the Federal speculative position limits, electronic mail [email protected]; or rulemaking to increase Federal included product margin requirements, John Fenton, Director of Surveillance, speculative position limits for all single- the convergence of cash and futures Division of Market Oversight, telephone month and all-months-combined transaction prices, the impact of (202) 418–5298, facsimile number (202) positions in all commodity markets commodity-linked instruments traded 418–5507, electronic mail enumerated in Commission regulation on national securities exchanges on [email protected]. 150.2, except Chicago Board of Trade CFTC regulated transactions, the degree SUPPLEMENTARY INFORMATION: (CBT) Oats, based on the formula set out of transparency for market participation, Commission regulation 150.2 imposes in Commission regulation 150.5(c). The and the quantification of the impact of limits on the size of speculative rulemaking proposed to increase levels speculative trading on market volatility. positions that traders may hold or for single-month and all-months- In light of the wide range of divergent combined positions for CBT Corn, positions that have been put forth by control in futures and futures equivalent Soybeans, Wheat, Soybean Oil, and interested parties, the current market option contracts on certain designated Soybean Meal; Minneapolis Grain conditions for the contracts that would agricultural commodities named Exchange Hard Red Spring Wheat; be affected by the proposed rulemaking, therein. Commission regulation 150.3 Kansas City Board of Trade Hard Winter and in order to determine whether lists certain types of positions that may Wheat; and New York Board of Trade 3 further consensus among the affected be exempted from these Federal Cotton No. 2. In addition, the parties should be sought, the speculative position limits. rulemaking proposed to require the Commission has determined to On November 27, 2007, the aggregation of positions in contracts that withdraw the proposed rulemaking Commission published proposed share substantially identical terms with pending further consideration of the amendments that would provide an regulation 150.2-enumerated contracts, relevant issues. additional exemption from Federal regardless of whether such contracts Issued by the Commission this June 2, speculative position limits for ‘‘risk were specifically delineated in that 2008, in Washington, DC. management positions’’ (proposed 1 regulation, for the purposes of David Stawick, rulemaking). The proposal defined a ascertaining traders’ compliance with Secretary of the Commission. risk management position as a futures or the Federal speculative position limits. futures equivalent position, held as part [FR Doc. E8–12728 Filed 6–5–08; 8:45 am] The Commission requested public of a broadly diversified portfolio of comment by December 21, 2007. On BILLING CODE 6351–01–P long-only or short-only futures or December 31, 2007, the Commission futures equivalent positions, that is extended the initial comment period to based upon either: (1) A fiduciary January 21, 2008 to give interested COMMODITY FUTURES TRADING COMMISSION obligation to match or track the results parties additional opportunity to of a broadly diversified index that comment.4 The Commission received a 17 CFR Part 150 includes the same commodity markets total of 40 comment letters in response in fundamentally the same proportions 5 RIN 3038–AC40 to its Federal Register publication. Six as the futures or futures equivalent letters generally favored the proposed position; or (2) a portfolio regulations and 34 letters were generally Risk Management Exemption From diversification plan that has, among opposed to their adoption. An Federal Speculative Position Limits other substantial asset classes, an Agricultural Forum held by the AGENCY: Commodity Futures Trading exposure to a broadly diversified index Commission on April 22, 2008 served as Commission. that includes the same commodity an additional venue for the presentation ACTION: Proposed rules; withdrawal. markets in fundamentally the same of views with respect to the proposed proportions as the futures or futures rulemaking and a related Commission SUMMARY: On November 27, 2007, the equivalent position. The exemption, as proposal to adopt a risk management Commodity Futures Trading proposed, would have been subject to Commission (Commission or CFTC) certain conditions, including that the 2 Commission regulation 150.2 imposes three published proposed rules to create a positions be passively managed, types of position limits for each specified contract: ‘‘risk management exemption’’ from a spot month limit, a single-month limit, and an all- unleveraged, and not carried into the Federal speculative position limits—the months-combined limit. The Commission most spot month. recently adopted amendments to levels for Federal limits on the size of speculative speculative position limits in 2005. See 70 FR positions that traders may hold or The Commission requested public 24705 (May 11, 2005). control in futures and futures equivalent comment by January 28, 2008. The 3 The New York Board of Trade was acquired by Commission received a total of 10 ICE Futures U.S. in January, 2007. option contracts on certain designated 4 72 FR 74213 (December 31, 2007). agricultural commodities. The comment letters in response to its 5 Federal Register Comment File 07–014, available at http://www.cftc.gov/lawandregulation/ 6 Risk Management Exemption from Federal 1 Risk Management Exemption from Federal federalregister/federalregistercomments/2007/07– Speculative Position Limits, 72 FR 66097 Speculative Position Limits, 72 FR 66097 014.html. (November 27, 2007) (to be withdrawn). (November 27, 2007).

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Federal Register publication.2 Three DEPARTMENT OF JUSTICE operational using the letters generally favored the proposed www.regulations.gov site, the Child regulations and seven letters were 28 CFR Part 75 Exploitation and Obscenity Section, generally opposed to their adoption. An [Docket No. CRM 105; AG Order No. 2966– Criminal Division has deactivated the Agricultural Forum held by the 2008] e-mail address for electronic comments Commission on April 22, 2008 served as that it published in rulemakings before RIN 1105–AB19 an additional venue for the presentation the Department started using www.regulations.gov. In order to ensure of views with respect to the proposed Inspection of Records Relating to that electronic comments are received rulemaking and a related Commission Depiction of Simulated Sexually by the Department, commenters proposal to revise the Federal Explicit Performances submitting electronic comments must speculative position limits delineated in AGENCY: use the electronic comment form Commission regulation 150.2.3 Department of Justice. ACTION: Proposed rule. provided on the www.regulations.gov Collectively, the comments received site. in response to the proposed rulemaking SUMMARY: This rule proposes to amend Please also note that all comments and at the Commission’s April 22 record-keeping, labeling, and inspection received are considered part of the Agricultural Forum reflected differing requirements to implement provisions public record and made available for perspectives on a wide range of issues of the Adam Walsh Child Protection and public inspection online at of substantive import to the proposed Safety Act of 2006 that require www.regulations.gov. Such information rulemaking. The issues covered by the producers of depictions of simulated includes personal identifying commenters, both in favor and opposed sexually explicit conduct to maintain information (such as your name, to the Commission’s proposal to adopt records documenting that performers in address, etc.) voluntarily submitted by a risk management exemption from the those depictions are at least 18 years of the commenter. If you want to submit personal Federal speculative position limits, age. The rule also implements identifying information (such as your included product margin requirements, provisions of the Adam Walsh Act that create a certification regime for the name, address, etc.) as part of your the convergence of cash and futures exemption of producers, in certain comment, but do not want it to be transaction prices, the impact of circumstances, from those requirements posted online, you must include the commodity-linked instruments traded and from similar requirements for phrase ‘‘PERSONAL IDENTIFYING on national securities exchanges on producers of visual depictions of the INFORMATION’’ in the first paragraph CFTC regulated transactions, the degree lascivious exhibition of the genitals or of your comment. You also must locate of transparency for market participation, pubic area of a person. all the personal identifying information and the quantification of the impact of DATES: Written comments must be you do not want posted online in the speculative trading on market volatility. received by August 5, 2008. first paragraph of your comment and In light of the wide range of divergent identify in that paragraph what ADDRESSES: Written comments may be information you want redacted. positions that have been put forth by submitted to: Andrew Oosterbaan, interested parties, the current market If you want to submit confidential Chief, Child Exploitation and Obscenity business information as part of your conditions for the contracts that would Section, Criminal Division, United be affected by the proposed rulemaking, comment but do not want it to be posted States Department of Justice, online, you must include the phrase and in order to determine whether Washington, DC 20530; Attn: ‘‘Docket further consensus among the affected ‘‘CONFIDENTIAL BUSINESS No. CRM 105.’’ INFORMATION’’ in the first paragraph parties should be sought, the Comments may be submitted of your comment. You also must Commission has determined to electronically to www.regulations.gov by identify prominently any confidential withdraw the proposed rulemaking using the electronic comment form business information to be redacted pending further consideration of the provided on that site. Comments within the comment. If a comment has relevant issues. submitted electronically must include so much confidential business ‘‘Docket No. CRM 105’’ in the subject Issued by the Commission June 2, 2008, in information that it cannot be effectively box. You may also view an electronic Washington, DC. redacted, all or part of that comment version of this rule at the might not be posted on David Stawick, www.regulations.gov site. Secretary of the Commission. Facsimile comments may be www.regulations.gov. Personal identifying information [FR Doc. E8–12723 Filed 6–5–08; 8:45 am] submitted to: (202) 514–1793. This is identified and located as set forth above BILLING CODE 6351–01–P not a toll-free number. Comments will be placed in the agency’s public submitted by facsimile must include docket file, but not posted online. ‘‘Docket No. CRM 105’’ on the cover Confidential business information sheet. identified and located as set forth above FOR FURTHER INFORMATION CONTACT: will not be placed in the public docket Andrew Oosterbaan, Chief, Child file. If you wish to inspect the agency’s Exploitation and Obscenity Section, public docket file in person by Criminal Division, United States appointment, please see the ‘‘For Department of Justice, Washington, DC Additional Information’’ paragraph. 20530; (202) 514–5780. This is not a 2 Federal Register Comment File 07–015, toll-free number. Discussion available at http://www.cftc.gov/lawandregulation/ federalregister/federalregistercomments/2007/07– SUPPLEMENTARY INFORMATION: On July 27, 2006, President George W. Bush signed into law the Adam Walsh 015.html. Public Comments 3 Revision of Federal Speculative Position Limits, Child Protection and Safety Act of 2006, 72 FR 65483 (November 21, 2007) (to be Please note that because the Public Law 109–248 (‘‘the Act’’). As withdrawn). Department of Justice is now fully described in more detail below, section

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503(a) of the Act provides that marketed, or otherwise made available circumstances. (The language of section producers of visual depictions of in circumstances such that an ordinary 2257A is based largely on the language simulated sexually explicit conduct person would conclude that it is child in section 2257, but only the former ‘‘shall create and maintain individually pornography. See id. 2257A(h)(1)(A). contains the exemption and certification identifiable records pertaining to every The other part of this exemption states regime described above.) The record- performer portrayed in such a visual that section 2257A does not apply to keeping, inspection, and labeling depiction.’’ 18 U.S.C. 2257A(a). matter that (1) is produced by someone requirements in sections 2257 and The Act requires producers of visual subject to the authority and regulation 2257A are designed to ensure that no depictions of simulated sexually of the Federal Communications minor will be exploited through explicit conduct to: Commission enforcing federal bans on depictions of actual or simulated (1) Ascertain, by examination of an the broadcast of obscene, indecent, or sexually explicit conduct, whether identification document containing such profane programming, and (2) is created produced deliberately or negligently. information, the performer’s name and date as a part of a commercial enterprise by Chapter 110 of title 18 (‘‘Sexual of birth, and require the performer to provide a person who certifies to the Attorney Exploitation and Other Abuse of such other indicia of his or her identity as General that he regularly and in the Children’’) covers both actual and may be prescribed by regulations; normal course of business collects and simulated sexually explicit conduct. (2) Ascertain any name, other than the maintains individually identifiable Specifically, it defines ‘‘sexually performer’s present and correct name, ever name and age information regarding all explicit conduct’’ as: used by the performer including maiden performers, for purposes such as federal (A) * * * actual or simulated—(i) sexual name, alias, nickname, stage, or professional and state tax, labor, and other laws. See name; and intercourse, including genital-genital, oral- (3) Record * * * the information required id. 2257A(h)(1)(B). genital, anal-genital, or oral-anal, whether by paragraphs (1) and (2) of this subsection The Act also permits such a between persons of the same or opposite sex; and such other identifying information as certification for producers of visual (ii) bestiality; (iii) masturbation; (iv) sadistic may be prescribed by regulation. depictions of the lascivious exhibition or masochistic abuse; or (v) lascivious of the genitals or pubic area of a person exhibition of the genitals or pubic area of any Id. 2257A(b). (hereinafter ‘‘lascivious exhibition’’) for person; (B) For purposes of subsection 8(B) Furthermore, the Act requires that which record-keeping, inspection, and of this section [part of the definition of ‘‘child producers of material covered by the pornography’’], ‘‘sexually explicit conduct’’ labeling requirements apply under 18 means—(i) graphic sexual intercourse, statute ‘‘shall maintain the records U.S.C. 2257. See id. 2257A(h)(1)(A), (B). * * * at their business premises, or at including genital-genital, oral-genital, anal- Section 2257 requires that producers of genital, or oral-anal, whether between such other place as the Attorney General depictions of actual sexually explicit persons of the same or opposite sex, or may by regulation prescribe and shall conduct maintain identity and age lascivious simulated sexual intercourse make such records available to the records for performers in those where the genitals, breast, or pubic area of Attorney General for inspection at all depictions, and the Act amended any person is exhibited; (ii) graphic or reasonable times.’’ Id. 2257A(c). section 2257, inter alia, to cover lascivious simulated; (I) bestiality; (II) Producers also must ‘‘cause to be affixed masturbation; or (III) sadistic or masochistic lascivious exhibition. See id. 2257(h)(1) abuse; or (iii) graphic or simulated lascivious to’’ matter containing the visual (as amended by section 502(a)(4) of the depictions covered by section 2257A ‘‘a exhibition of the genitals or pubic area of any Act). person. statement describing where the records required by this section with respect to Background 18 U.S.C. 2256(2) (emphases added). all performers depicted in that copy of In enacting section 2257 in 1988, The terms ‘‘simulated’’ and ‘‘actual’’ the matter may be located,’’ Id. Congress imposed record-keeping also appear together in numerous States’ 2257A(e)(1), and the Act makes it requirements related to visual child-exploitation statutes. See Alaska illegal, inter alia, ‘‘for any person depictions of actual sexually explicit Stat. § 11.41.455; Ariz. Rev. Stat. § 13– knowingly to sell or otherwise transfer, conduct. Section 2257 has been critical 3551; Ariz. Rev. Stat. § 13–3553; Ark. or offer for sale or transfer’’ any such to protecting children from exploitation Code Ann. § 5–27–302; Cal. Penal Code matter ‘‘which does not have affixed as performers in visual depictions of § 311.11; Colo. Rev. Stat. § 18–6–403; thereto * * * a statement describing sexually explicit conduct. Children are Conn. Gen. Stat. § 53a–193; Fla. Stat. where the records required by this incapable of giving voluntary and § 827.071; Ga. Code Ann. § 16–12–100; section may be located,’’ id. 2257A(f)(4). knowing consent to perform in such Idaho Code Ann. § 18–1507; 720 Ill. Violation of these requirements is a depictions. The consequences to Comp. Stat. Ann. 5/11–20.1; Kan. Stat. misdemeanor, subject to imprisonment children depicted in them are Ann. § 21–3516; Ky. Rev. Stat. Ann. for not more than one year, a criminal devastating and can follow them for § 531.300; La. Rev. Stat. Ann. § 14:81.1; fine, or both. See id. 2257A(i)(1). years or even their entire lives. Mass. Ann. Laws ch. 272 § 29C; Mich. The Act also created an exemption Furthermore, viewers of such depictions Comp. Laws Serv. § 750.145c; Minn. from the record-keeping requirements of themselves may sexually abuse Stat. § 617.246; Miss. Code Ann. § 97–5– section 2257A. One part of this children, and pedophiles use such 33; Mo. Rev. Stat. § 573.010; Mont. Code exemption states that section 2257A depictions to feed their predilections Ann. § 45–5–625; Nev. Rev. Stat. does not apply to matter that (1) is and to groom potential victims. § 200.725; N.H. Rev. Stat. Ann. § 649– intended for commercial distribution, Performers in such depictions therefore A:2; N.M. Stat. Ann. § 30–6A–3; N.Y. (2) is created as a part of a commercial must not be minors. Penal L. § 263.00; N.D. Cent. Code enterprise by a person who certifies to In the Act, Congress filled two gaps § 12.1–27.2–01; Okla. Stat. tit. 21 the Attorney General that he regularly left by the original statute by amending § 1024.1; Or. Rev. Stat. § 163.665; R.I. and in the normal course of business section 2257 to cover lascivious Gen. Laws § 11–9–1.3; S.D. Codified collects and maintains individually exhibition and by enacting section Laws § 22–24A–2; S.D. Codified Laws identifiable name and age information 2257A to cover simulated sexually § 22–24A–3; Tenn. Code Ann. § 39–17– regarding all performers for purposes explicit conduct, while at the same time 1003; Tex. Penal Code Ann. § 43.25; such as Federal and State tax, labor, and creating an exemption from these new Utah Code Ann. § 76–5a–2; Utah Code other laws, and (3) is not produced, record-keeping requirements in certain Ann. § 76–5a–3; Va. Code Ann. § 18.2–

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390; Wash. Rev. Code § 9.68A.011; W. depicted,’’ see Sundance Assoc., Inc. v. the statutory provision for a certification Va. Code § 61–8C–1; Wis. Stat. § 948.01; Reno, 139 F.3d 804, 806 (10th Cir. 1998) regime for simulated conduct, the Wyo. Stat. Ann. § 6–4–303. Accordingly, (quoting 18 U.S.C. 2257(h)(3) (1998)), Department believes that a definition of ‘‘simulated’’ in the context of sexually Congress subsequently amended the the term ‘‘simulated sexually explicit explicit conduct is neither a novel nor statute (see section 502(a)(4) of the Act) conduct’’ is necessary. A definition will an uncommon term. and adopted the Attorney General’s make clear to the public what types of These statutes recognize that a child interpretation of section 2257. Cf. Free conduct come within the ambit of the may be harmed both physically and Speech Coalition II, 483 F. Supp. 2d at regulation, as distinct from conduct not psychologically in the production of 1076 (suggesting the enactment of covered at all, and what types of visual depictions of simulated sexually section 502 of the Act moots the conduct will be eligible for the explicit conduct, even if no sexually plaintiff’s ultra vires challenge to part certification regime. explicit conduct actually takes place. 75). The Department starts its analysis of Furthermore, producers of visual Because part 75 has been tested and the proper definition of the term for depictions of actual sexually explicit upheld in the courts, and given the regulatory purposes with the term’s conduct often substitute a visual similarities between sections 2257 and plain meaning. The dictionary defines depiction of simulated sexually explicit 2257A, the Department has chosen to ‘‘simulated’’ as ‘‘made to look genuine.’’ conduct (so-called ‘‘soft-core’’ apply the existing requirements for Merriam-Webster’s Collegiate Dictionary pornography) in place of the actual visual depictions of actual sexually 1162 (11th ed. 2003). sexually explicit conduct; then the soft- explicit conduct (under section 2257) to The Department believes that an core pornography is often distributed visual depictions of simulated sexually objective standard—that is, one defined more widely than the unedited version explicit conduct (under section 2257A) in terms of a reasonable person viewing of the same production. In such cases, with regard to the records at issue, the the depiction—is appropriate to add to the protection of children from time, place and manner of inspection of this basic definition. The proposed exploitation in the production of a those records, and the labeling of matter rule’s definition of ‘‘simulated sexually visual depiction of actual sexually containing such visual depictions. The explicit conduct’’ thus reads as follows: explicit conduct necessitates that proposed rule therefore proposes to ‘‘[S]imulated sexually explicit conduct producers of visual depictions of change references in the Department’s means conduct engaged in by simulated sexually explicit conduct also part 75 regulations (as proposed in CRM performers in a visual depiction that is be required to maintain records and Docket No. 104; RIN 1105–AB18) from intended to appear as if the performers label their products. ‘‘actual sexually explicit conduct’’ to are engaged in actual sexually explicit ‘‘actual or simulated sexually explicit conduct and does so appear to a The Proposed Rule conduct,’’ where appropriate, and to reasonable viewer.’’ Section 2257’s requirements are make other minor textual changes as No federal court has interpreted the implemented in 28 CFR part 75. On July necessary to regulate simulated sexually definition of ‘‘simulated’’ in the context 12, 2007, the Department of Justice (‘‘the explicit conduct. of chapter 110. The definition above, Department’’) published a proposed rule This proposed rule also makes two however, is based on the plain meaning amending part 75 to implement those additional changes to part 75 to of the term and is supported by extrinsic provisions of the Act that amended implement section 2257A: it defines sources of meaning. Chapter 110 was section 2257. See Revised Regulations ‘‘simulated sexually explicit conduct’’ created by the Protection of Children for Records Relating to Visual and it implements a certification regime Against Sexual Exploitation Act of 1977, Depictions of Sexually Explicit Conduct for producers of actual sexually explicit which defined ‘‘sexually explicit [CRM Docket No. 104; RIN 1105–AB18], conduct constituting lascivious conduct’’ to include both ‘‘actual or 72 FR 38033 (Jul. 12, 2007). exhibition and for producers of simulated’’ acts. See Protection of This proposed rule would make simulated sexually explicit conduct. Children Against Sexual Exploitation additional amendments to part 75 to Act of 1977, Public Law 95–225, § 2(a), implement section 2257A. As explained Definition of ‘‘simulated sexually 92 Stat. 7 (1978). That statute did not above, sections 2257 and 2257A operate explicit conduct’’ define ‘‘simulated,’’ however, and the in tandem to protect children from As noted above, ‘‘sexually explicit legislative history of the act does not exploitation in visual depictions of conduct’’ is defined in section indicate that Congress considered sexually explicit conduct. Part 75 has 2256(2)(A) with reference to certain defining that term. See S. Rep. No. 438, undergone significant public comment physical acts and with reference to both 95th Cong., 1st Sess. (1977); H.R. Report and several courts have found it to be ‘‘actual’’ and ‘‘simulated’’ performance No. 696, 95th Cong., 1st Sess. (1977). a constitutional exercise of of those acts. No definition of ‘‘actual’’ When Congress amended chapter 110 in governmental authority. See Am. or ‘‘simulated’’ is contained in section 1984, it considered defining Library Ass’n v. Reno, 33 F.3d 78 (DC 2256 or anywhere else in chapter 110. ‘‘simulated’’ but ultimately did not do Cir. 1994); Free Speech Coalition v. When first published in 1990, amended so, thereby leaving the definition of that Gonzales, 406 F. Supp. 2d 1196 (D. in 2005, and proposed to be amended in term to the discretion of the Attorney Colo. 2005) (‘‘Free Speech I’’); Free 2007, part 75 did not adopt a definition General. Speech Coalition v. Gonzales, 483 F. of ‘‘actual,’’ because the Department As noted above, most states have laws Supp. 2d 1069 (D. Colo. 2007) (‘‘Free believed that in the context of the acts similar to the federal statute Speech II’’); Connection Distrib. Co. v. described, the meaning of the term was criminalizing production, distribution, Gonzales, 2006 WL 1305089, 2006 U.S. sufficiently precise for regulatory and possession of simulated sexually Dist. LEXIS 29506 (N.D. Ohio, May 10, purposes. Public comments on the explicit conduct involving a minor. A 2006). Although one court invalidated previous versions of part 75 did not number of those states’ statutes, in part 75 as ultra vires to the extent it address the definition of ‘‘actual,’’ nor contrast to section 2257A, define regulated those whose activity ‘‘does not has the meaning of that term arisen in ‘‘simulated,’’ and therefore may inform involve hiring, contracting for litigation regarding the regulations. the federal definition of that term in part managing, or otherwise arranging for the With the extension of part 75 to cover 75. State definitions of ‘‘simulated’’ participation of the performers simulated conduct, however, and with generally fall into three categories:

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(1) Definitions based on giving the breasts, or buttocks yet still cause harm in the normal course of business they appearance of actual sexually explicit to the child by having him or her collect and maintain records to confirm conduct. For example: ‘‘An act is otherwise realistically appear to be that performers in those depictions are simulated when it gives the appearance engaging in sexually explicit conduct. not minors, while not necessarily of being sexual conduct.’’ Cal. Penal It is also important to note that collected and maintained in the format Code § 311.4(d)(1); 14 V.I. Code ‘‘simulated’’ in this context does not required by part 75. Where a producer § 1027(b). ‘‘‘Simulated sexually explicit mean ‘‘virtual.’’ For purposes of chapter makes the required certification, matter conduct’ means a feigned or pretended 110, including sections 2256, 2257, and containing such visual depictions is not act of sexually explicit conduct which 2257A, and for purposes of part 75, subject to the labeling requirements of duplicates, within the perception of an ‘‘simulated sexual explicit conduct’’ the statute. average person, the appearance of an means conduct engaged in by real The Department has crafted a actual act of sexually explicit conduct.’’ human beings, not conduct engaged in certification regime (described in detail Utah Code Ann. § 76–5a–2(9). ‘‘Sexual by computer-generated images that only below) that implements the safe harbor intercourse is simulated when it depicts appear to be real human beings. in such a way as to permit such explicit sexual intercourse which gives Although Congress did attempt to producers, in accordance with the the appearance of the consummation of criminalize production, distribution, statute, to be subject to lesser record- sexual intercourse, normal or and possession of ‘‘virtual’’ child keeping burdens than those in part 75, perverted.’’ pornography on the basis that it while still protecting children from Mass. Ann. Laws ch. 272, § 31; N.H. contributed to the market in child sexual exploitation. Rev. Stat. Ann. § 649–A:2(III). pornography involving real children, (2) Definitions based on depiction of the Supreme Court held that the child- Who May Certify genitals that gives the impression of protection rationale for the Any entity that meets the statutory actual sexually explicit conduct, such criminalization of child pornography requirements for eligibility, which are as: ‘‘‘Simulated’ means any depicting of under Ferber did not apply to images in incorporated verbatim in the proposed the genitals or rectal areas that gives the which no real children were harmed. rule, may certify that it meets the appearance of sexual conduct or See Ashcroft v. Free Speech Coalition, requirements of section 2257A(h). In incipient sexual conduct.’’ Ariz. Rev. 535 U.S. 234, 250–51 (2002). Section addition, an entity may certify for sub- Stat. § 13–3551(10); Miss. Code Ann. 2257A does not cover such ‘‘virtual’’ entities that it owns or controls if the § 97–5–31(f); Mont. Code Ann. § 45–5– child pornography, but rather names of the sub-entities are listed in 620(2). ‘‘simulated’’ sexually explicit conduct, such certification and are cross- (3) Definitions based on (a) the the production of which, as noted referenced to the matter for which the depiction of uncovered portions of the above, can exploit a real child. The sub-entity served as the producer. body and (b) that gives the impression Court’s decision in Ashcroft is thus not Both United States and foreign of actual sexually explicit conduct, such relevant to sections 2257 or 2257A, or entities may certify. In the case of a as: ‘‘‘Simulated’ means the explicit part 75, which for clarity’s sake certification by a foreign entity, the depiction of [sexual] conduct consistently refers to sexually explicit foreign entity, which may be unlikely to * * *which creates the appearance of conduct engaged in by an ‘‘actual collect and maintain information in such conduct and which exhibits any human being.’’ accordance with United States federal uncovered portion of the breasts, and state tax and other laws, may certify Exemption From Statutory genitals, or buttocks.’’ Fla. Stat. that it maintains the required Requirements for Visual Depictions of § 827.071(1)(i). ‘‘‘Simulated’ means the information in accordance with their Lascivious Exhibition or Simulated explicit depiction of sexual conduct that foreign equivalents. The Department Sexually Explicit Conduct in Certain creates the appearance of actual sexual considers the statute’s broad description conduct and during which a person Circumstances and an Associated Certification Regime of laws and other documentation that engaging in the conduct exhibits any satisfy the certification to provide uncovered portion of the breasts, As outlined above, Congress in the authority for this treatment of foreign genitals, or buttocks.’’ Tex. Penal Code Act filled two gaps left by the original entities. § 43.25(a)(6). ‘‘‘Simulated’ means the section 2257 by amending section 2257 The certification must be signed by explicit depiction of any [sexual] to cover lascivious exhibition and by the chief executive officer of the entity conduct * * * which creates the enacting section 2257A to cover making the certification, or in the event appearance of such conduct and which simulated sexually explicit conduct. In an entity does not have a chief executive exhibits any uncovered portion of the enacting section 2257A, Congress officer, the senior manager responsible breasts, genitals or buttocks.’’ N.Y. Penal determined it would be appropriate, in for overseeing the entity’s activities. L. § 263.00(6). certain circumstances, to exempt The certification regime in the The definitions categorized above as producers of visual depictions of proposed rule is similar for producers of ‘‘based on giving the appearance of lascivious exhibition (for which records lascivious exhibition and producers of actual sexually explicit conduct’’ are must be kept under section 2257, as simulated sexually explicit conduct but closest to that proposed by the amended by the Act) and producers of differs in some material respects, as Department in this proposed rule. The visual depictions of simulated sexually described below. other two definitions, which require the explicit conduct (for which records actual depiction of nudity, are overly must be kept under section 2257A) from Time Period for Certification restrictive in that a child may be statutory requirements otherwise The certification must be filed every exploited in the production of a visual applicable to such visual depictions. two years. The Department could have depiction of simulated sexually explicit See 18 U.S.C. 2257A(h). chosen a shorter period for certification, conduct even if no nudity is present in The safe harbor provision in the a longer period, or a permanent the final version of the visual depiction. statute in essence permits certain certification. The Department believes, The producer of the depiction may producers of visual depictions of however, that two years is a reasonable arrange the camera or the body positions lascivious exhibition or simulated period to ensure that certifications to avoid depicting uncovered genitals, sexually explicit conduct to certify that remain up to date without imposing

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overly onerous burdens on regulated (2) Certifies that regularly and in the produced, marketed or made available entities. normal course of business, the producer * * * in circumstances such tha[t] an In order to establish certifications on and any sub-entities, if applicable, ordinary person would conclude that the record as soon as possible, the collect and maintain individually * * * [they] contain a visual depiction Department will require an initial identifiable information regarding all that is child pornography as defined in certification due 180 days after the performers employed by the producer section 2256(8)’’ or cite 18 U.S.C. publication of this proposed rule as a who appear in visual depictions of 2257A(h)(1)(B) and 28 CFR 75.9 and final rule. This schedule will provide simulated sexually explicit conduct or state that the visual depictions listed in sufficient time for entities to determine of lascivious exhibition; the letter are ‘‘subject to regulation by if they wish to certify in compliance (3) Lists the titles, names, or other the Federal Communications with the regulatory requirements. All identifying information of visual Commission acting in its capacity to subsequent certifications will be due on depictions (or matter containing them) enforce 18 U.S.C. 1464 regarding the the same date at two-year intervals. The that include non-employee performers; broadcast of obscene, indecent or initial certification and all subsequent (4) Lists the titles, names, or other profane programming’’ and are ‘‘created certifications must be filed within a identifying information of visual as a part of a commercial enterprise’’ period of five business days concluding depictions (or matter containing them) that meets the requirements of 18 U.S.C. on the due date (i.e., if the due date produced since the last certification; 2257A(h)(1)(B)(ii). (5) Certifies that any foreign were on a Friday, and there were no producers of visual depictions acquired Certification of Collection and federal holiday during that week, the by the certifying entity either maintain Maintenance of Records certification would have to be filed on the records required by section 2257A The second requirement is the Monday, Tuesday, Wednesday, or have themselves provided certification under either subsection Thursday, or Friday of that week). The certifications to the Attorney General, 2257A(h)(1)(A)(ii) or (B)(ii). Under Department must have confidence that and the producers making the either subsection, the certifier must the certification covers all depictions certifications have copies of those demonstrate its compliance with the subject to record-keeping requirements records or certifications; or, for visual following five enumerated elements: the for the previous period. Initial depictions of simulated sexually entity (1) ‘‘regularly and in the normal certifications of producers who begin explicit conduct only, have taken course of business collects and production after the publication of this reasonable steps to confirm that the maintains’’ (2) ‘‘individually proposed rule but before the expiration performers are not minors; identifiable information’’ (3) ‘‘regarding of the 180-day period preceding its (6) Lists the titles, names, or other all performers, including minor publication as a final rule will be due identifying information of the foreign- performers employed by [the entity]’’ (4) within a period of five business days produced visual depictions (or matter ‘‘pursuant to Federal and State tax, concluding on the last day of the 180- containing them) that include labor, and other laws, labor agreements, day period. Initial certifications of performers for whom no information is or otherwise pursuant to industry producers who begin production after available but for whom the U.S. entity standards’’ (5) ‘‘where such information the expiration of the 180-day period, but has taken reasonable steps to confirm includes the name, address, and date of before the expiration of the two-year that the performers are not minors; birth of the performer.’’ The Department period following the 180-day period, are (7) Certifies that U.S. primary will consider any entity’s procedures due within 60 days of the start of producers of visual depictions acquired that include these basic elements to be production (unless the start of by the certifying entity either maintain in compliance with the certification. production occurs within 60 days of the the records required by section 2257A To the extent that these terms are not expiration of the two-year period, in or certify themselves under the statute’s self-explanatory, the proposed rule which case the certifications are due on safe harbor, and that the producer defines them as follows: the expiration date of the two-year making the certification has copies of ‘‘Regularly and in the normal course period). In any case where a due date or those records or certification(s). See 28 of business collects and maintains’’ last day of a time period falls on a CFR 75.1(c)(1) (defining a primary means any business practice(s) that Saturday, Sunday, or federal holiday, producer as ‘‘any person who actually ensure that the producer confirms the the due date or last day of a time period films, videotapes, photographs, or identity and age of employees who is considered to run until the next day creates’’ a visual depiction of sexually perform in visual depictions of sexually that is not a Saturday, Sunday, or explicit conduct). explicit conduct. federal holiday. ‘‘Individually identifiable Statutory Basis for the Certification Enforcement of the Certification information’’ means that information The first requirement listed above is about the name, address, and date of All of the statements in the straightforward—the entity providing birth is capable of being retrieved for certification are subject to investigation the certification must state why it is any employee who appears in a and a false certification will violate entitled to certify under the terms of the specified visual depiction. section 2257A and potentially other statute. This will include citation to the ‘‘All performers, including minor criminal statutes. specific subsections of the statute under performers’’ means all performers who Form and Content of the Certification which it is making the certification and appear, no matter how briefly, in a to basic evidence justifying that citation. visual depiction of lascivious exhibition The certification regime in the Specifically, the letter should either cite or simulated sexually explicit conduct. proposed rule requires that a producer 18 U.S.C. 2257A(h)(1)(A) and 28 CFR The term ‘‘minor’’ in the statute could provide a letter to the Attorney General 75.9 and state that the visual depictions be interpreted to mean performers under that: listed in the letter are ‘‘intended for the age of 18, which is the way the term (1) Sets out the statutory basis under commercial distribution,’’ ‘‘created as a ‘‘minor’’ is used elsewhere in chapter which it and any sub-entities, if part of a commercial enterprise’’ that 110. Such an interpretation in this applicable, are permitted to avail meets the requirements of 18 U.S.C. context, however, would be redundant, themselves of the safe harbor; 2257A(h)(1)(A)(ii), and are ‘‘not as the purpose of the record-keeping

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requirements is to ensure record- children—whom he claims are not his instance, namely, reducing the keeping for ‘‘all performers,’’ the first employees. burdensomeness of the record-keeping term in the phrase. Hence, the In the first case, the Department requirements. Rather than maintaining Department interprets the term to refer recognizes that a producer might not age verification records, copies of each to performers who appear for only a collect and maintain regularly and in performance, etc., the certifying entities limited period of time in the context of the normal course of business need only provide a list of their the overall visual depiction. ‘‘All individually identifiable information on productions that include depictions of performers, including minor non-employees. At the same time, the lascivious exhibition or simulated performers’’ does not mean all Department believes that the scenario sexually explicit conduct by non- performers in any matter that may described above—that is, the production employee performers. contain a discrete (or several discrete) of visual depictions of lascivious List of the Titles, Names, or Other visual depictions of lascivious exhibition or of simulated sexually Identifying Information of Visual exhibition or simulated sexually explicit explicit conduct in which bona fide Depictions Produced Since the Last conduct. Rather, it means only those non-employees perform—will be very Certification performers in the discrete visual rare. depiction(s). That is, an entity that The Department is more concerned The fourth requirement is necessary produces a two-hour-long movie about the possibility of evasion, as in to provide the Department with both a containing a single visual depiction of the second scenario described above. notice and a record regarding which lascivious exhibition or simulated For that reason, the Department has depictions or matters are subject to the sexually explicit conduct lasting five included a slightly broader definition of certification. The Department minutes need only collect and maintain ‘‘employed by’’ than simply financial considered simply allowing entities to records on the performers in that five- remuneration. The definition would make a blanket assertion that they minute visual depiction. include anyone who, even if not for pay, maintain the required records on all ‘‘Employed by’’ means performers intentionally performs or is required to employees who perform in all matter who receive pay for performing in the perform in a visual depiction of sexually they produce. The Department visual depictions or are otherwise in an explicit conduct intended for determined, however, that depiction- employer-employee relationship with commercial distribution that is specific information will enable the producer of the visual depiction as produced by someone meeting the investigators more easily to determine evidenced by oral or written definition of a primary or secondary whether a visual depiction is covered by agreements. This definition is producer. See 28 CFR 75.1(c)(2) the section 2257A certification regime. important, because by use of the term (generally defining a ‘‘secondary The list submitted by a certifying entity ‘‘employed by,’’ the statute appears to producer’’ as ‘‘any person who must include the titles, names, or other permit a producer to make the produces, assembles, manufactures, identifying information of visual certification even if there are performers publishes, duplicates, reproduces, or depictions acquired by the certifying who appear in its visual depictions for reissues’’ a visual depiction of sexually entity from foreign or U.S. primary whom it does not regularly and in the explicit conduct). producers. The Department considers it normal course of business collect and Certification for Entities Acquiring unnecessary to define the phrase maintain individually identifiable Foreign-Produced Matter information. It is possible, for example, ‘‘pursuant to Federal and State tax, that persons with whom the producer labor, and other laws, labor agreements, The fifth requirement is a subsidiary has no employer-employee relationship or otherwise pursuant to industry certification for entities acquiring matter may appear in the background of a standards.’’ As guidance to employers, subject to the record-keeping visual depiction or may engage in however, the Department will consider requirements from foreign producers. sexually explicit conduct in the any document that contains a verified The Department understands that many background of a depiction of non- name, address, and date of birth of a producers in the United States acquire sexually explicit conduct. Because of performer to satisfy this requirement. films and other matter that may contain the language of the statute, a producer The Department considers the phrase visual depictions of lascivious in that circumstance may still certify ‘‘where such information includes the exhibition or simulated sexually explicit and remove itself from the coverage of name, address, and date of birth of the conduct from producers abroad. In order the entire record-keeping requirements performer’’ to be self-explanatory. to produce that matter for the U.S. market and comply with the law, the of the section, even without collecting List of the Titles, Names, or Other and maintaining individually U.S. entity acquiring the matter must Identifying Information of Visual identifiable information for the non- certify either that the foreign producer Depictions That Include Non-Employee employee performers. The language of in the first instance maintained the Performers the statute permits no other records required by the statute and that construction of the certification regime. As an extra precaution against the U.S. entity has copies of those As a result of this language, however, evasion, the third requirement is a list records, or that the foreign entity has there is a risk that a performer who is of all visual depictions or matter certified on its own that it (the foreign a minor could appear in a depiction containing visual depictions in which producer) maintains foreign-equivalent produced by an entity that has made a non-employees have engaged in records in the normal course of certification and not be detected sexually explicit conduct. This provides business, and that the U.S. entity has a because the minor was not ‘‘employed the Department with notice and a record copy of that certification. The by’’ the certifying entity. In addition, that such visual depictions by the Department believes it is appropriate for there is a risk that a producer may seek producers exist and, if necessary, the exemption to apply based on to evade the record-keeping enables the Department to investigate certifications that foreign producers requirements by certifying that he the bona fides of the certifying entity. At maintain foreign-equivalent records maintains records on all employees and the same time, the list is not so because foreign countries generally have then producing his visual depictions burdensome as to vitiate the purpose of tax and employment laws requiring with performers—such as his own the certification regime in the first identification of employees that are

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substantially similar to requirements List of All Foreign-Acquired Matter for documentation under the provisions of under U.S. law. Which Records of Performers Are Not part 75 in effect on the original There may be cases where a U.S. Available production date. Finally, the proposed entity acquires foreign-produced matter The sixth requirement is that the rule’s effective date concerning depictions of simulated sexually and cannot certify the information entity making the certification must explicit conduct will be 90 days after its above. In such a case, the U.S. entity include a list of the visual depictions or publication in the Federal Register as a matter including those visual depictions would not be able to produce the matter final rule. in the United States. Denying the market for which no records exist but for which in the United States access to a large the certifying entity has made Regulatory Procedures amount of foreign-produced matter, reasonable efforts to ensure that no Regulatory Flexibility Act however, could be construed as a performer in any visual depiction is a minor. As with the case of non- In accordance with the Regulatory burden on American citizens’ First Flexibility Act, 5 U.S.C. 601–612 Amendment right to free expression. At employee performers, this list will provide the Department with notice and (‘‘RFA’’), the Department of Justice has the same time, the Department cannot drafted this proposed rule to minimize risk permitting either foreign children to a record that such visual depictions exist and if necessary, enable its impact on small businesses while be exploited in the visual depictions investigation of such matter. At the meeting its intended objectives. Based produced for the U.S. market or evasion same time, the requirement of the list upon the preliminary information of the statute by unscrupulous U.S. and a certification of reasonable efforts available to the Department through producers. by the secondary producer in the United past investigations and enforcement Therefore, U.S. entities making the States will provide significant actions involving the affected industry, certification may certify that to the protection without unduly infringing on the Department is unable to state with extent that they have acquired visual constitutional rights. The risk of evasion certainty that this rule, if promulgated depictions or matter containing visual is mitigated by the severe criminal as a final rule, will not have any effect on small businesses of the type depictions of simulated sexually penalties for production of child described in 5 U.S.C. 601(3). explicit conduct from foreign entities pornography that would apply to any matter covered by the record-keeping Accordingly, the Department has and to the extent that the primary prepared a final RFA analysis in requirements. foreign producer does not either accordance with 5 U.S.C. 604, as maintain the records required by the Certification of Record-Keeping by follows: statute or provide a certification to the Primary Producers Attorney General itself, the entity A. Need for and Objectives of This Rule The seventh requirement is that, as making the certification has made The identity of every performer is with foreign primary producers, an reasonable efforts to ensure that no critical to determining and assuring that entity acquiring visual depictions must performer in any such foreign visual no performer is a minor. The key certify either that the primary producer depiction is a minor. congressional concern, evidenced by the in the first instance maintained the child exploitation statutory scheme, was The same process will not be records required by the statute and that that all such performers of actual or available for visual depictions of the certifying entity has copies of those simulated sexually explicit conduct lascivious exhibition acquired from records, or that the primary producer verifiably not be minors, i.e. , not foreign entities. The risks of exploitation has certified separately that it (the younger than 18 years of age. See 18 of children in such visual depictions primary producer) has made a U.S.C. 2256(1), 2257(b)(1), 2257A(b)(1). and the risk of evasion of the record- certification and that the acquiring Congress has recognized that minors keeping requirements are too great to entity has a copy of that certification. warrant special concern in this area. permit the accommodation for visual Effective Dates Children themselves are incapable of depictions of simulated sexually giving voluntary and knowing consent explicit conduct outlined above. The In accordance with current law, the to perform or to enter into contracts to Department is concerned that providing proposed rule retains July 3, 1995, as perform such conduct. In addition, a method for weaker enforcement of the effective date of the rule’s children often are forced to engage requirements for secondary producers section 2257 with regard to lascivious involuntarily in sexually explicit related to depictions of actual sexually exhibition would undermine the conduct. For these reasons, visual explicit conduct. (The current existing section 2257 requirements. The depictions of actual and simulated regulations, published in 2005, adopted sexually explicit conduct that involve Department notes, however, that July 3, 1995, as the effective date of Congress clearly considered non- persons under the age of 18 constitute enforcement of section 2257 based on unlawful child pornography. See 18 compliance with record-keeping the court’s order in American Library requirements concerning visual U.S.C. 2256(8). Association v. Reno, No. 91–0394 (SS) This proposed rule amends certain depictions of simulated sexually (D.D.C. July 28, 1995)) The proposed provisions of the existing regulations explicit conduct (under section 2257A) rule also states that producers of visual and adds other provisions to these to be a less serious crime than non- depictions of actual sexually explicit regulations to conform to the Act, as compliance with analogous conduct made after July 3, 1995, the described above. requirements for visual depictions of effective date of the regulations actual sexually explicit conduct (under published in 1992, and before June 23, B. Description and Estimates of the section 2257), as exemplified by the 2005, the effective date of the current Number of Small Entities Affected by misdemeanor penalty for violation of regulations published in 2005, may rely This Rule the former section versus the felony on picture identification cards issued by The RFA defines a ‘‘small business’’ penalty for violation of the latter private entities such as schools or as equivalent to a ‘‘small business section. private employers that were valid forms concern’’ under the Small Business Act of required identification (‘‘SBA’’). See 5 U.S.C. 601(3)

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(incorporating by reference the Executive Order 13132 collection of information is published to definition of ‘‘small business concern’’ This regulation will not have obtain comments from the public. Any comments received during the in 15 U.S.C. 632). Under the SBA, a substantial direct effects on the States, comment period should address one or ‘‘small-business concern’’ is one that (1) on the relationship between the national more of the following four points: (1) is independently owned and operated, government and the States, or on the Whether the proposed collection of (2) is not dominant in its field of distribution of power and information is necessary for the proper operation, and (3) meets any additional responsibilities among the various performance of the functions of the criteria established by the SBA. See 15 levels of government. Therefore, in agency, including whether the U.S.C. 632(a). accordance with Executive Order 13132, information will have practical utility; Based upon the information available it is determined that this rule does not (2) the accuracy of the agency’s estimate to the Department, there are likely to be have sufficient federalism implications of the burden of the proposed collection a significant number of small businesses to warrant the preparation of a of information, including the validity of that are producers of visual depictions Federalism Assessment. of simulated sexually explicit conduct. the methodology and assumptions used; Executive Order 12988 (3) how to enhance the quality, utility, Pursuant to the RFA, the Department and clarity of the information to be This regulation meets the applicable requests affected small businesses to collected; and (4) how to minimize the standards set forth in Executive Order estimate what these regulations will cost burden of the collection of information 12988 § 3(a), (b)(2). as a percentage of their total revenues in on those who are to respond, including order to enable the Department to Unfunded Mandates Reform Act of through the use of appropriate ensure that small businesses are not 1995 automated, electronic, mechanical, or unduly burdened. This rule will not result in the other technological collection The proposed rule has no effect on techniques or other forms of information State or local governmental agencies. expenditure by State, local and tribal governments, in the aggregate, or by the technology, e.g. , permitting electronic C. Specific Requirements Imposed That private sector, of $100,000,000 or more submission of responses. Overview of this collection of Would Impact Private Companies in any one year, and it will not information: significantly or uniquely affect small The proposed rule imposes (1) Type of collection of information: governments. Therefore, no actions were requirements on private companies with Revision of a currently approved deemed necessary under the provisions respect to visual depictions of simulated collection. of the Unfunded Mandates Reform Act sexually explicit conduct to ensure that (2) Title: Inspection of Records of 1995, 2 U.S.C. 1501 et seq. minors are not used in such depictions. Relating to Depictions of Simulated Specifically, the rule imposes certain Small Business Regulatory Enforcement Sexually Explicit Performances. name- and age-verification and record- Fairness Act of 1996 (3) Agency form number, if any: None. (4) Affected public who will be asked keeping requirements on producers of This rule is not a major rule as visual depictions of simulated sexually or required to respond, as well as a brief defined by section 251 of the Small abstract: explicit conduct concerning the Business Regulatory Enforcement performers portrayed in those Primary: Business or other for-profit Fairness Act of 1996. See 5 U.S.C. 804. entities. depictions. The proposed rule, however, This rule will not result in an annual provides an exemption from these Other: None. effect on the economy of $100,000,000 Abstract: This rule proposes to amend requirements applicable in certain or more; a major increase in costs or the record-keeping, labeling, and circumstances. prices for consumers, individual inspection requirements of 28 CFR part Executive Order 12866 industries, Federal, State, or local 75 to account for the enactment of the government agencies, or geographic Adam Walsh Child Protection and This proposed rule has been drafted regions; or significant adverse effects on Safety Act of 2006. and reviewed in accordance with competition, employment, investment, (5) An estimate of the total number of Executive Order 12866, § 1(b), productivity, innovation, or the ability respondents, the amount of time Principles of Regulation. The of United States-based companies to estimated for an average respondent to Department has determined that this compete with foreign-based companies respond, and the total public burden (in rule is a ‘‘significant regulatory action’’ in domestic and export markets. hours) associated with the collection: under Executive Order 12866, § 3(f). The Department is unable to estimate Paperwork Reduction Act Accordingly, this rule has been with any precision the number of reviewed by the Office of Management This proposed rule expands the scope entities producing visual depictions of and Budget. of existing requirements to conform to simulated sexually explicit conduct. The benefit of the rule is that children newly enacted legislation. It also Because the issue of the number of will be protected from exploitation in implements the newly enacted entities producing visual depictions of the production of visual depictions of legislation’s exemption from these simulated sexually explicit conduct is a simulated sexually explicit conduct by expanded requirements applicable in new issue that has arisen precisely ensuring that only those who are at least certain cases. It contains a revised because of section 2257A, there does not 18 years of age perform in such collection of information that clarifies appear to be much available information depictions. The costs to the industry the means of maintaining and concerning the number of entities include what the Department believes to organizing the required documents. producing such material. As a partial be slightly higher record-keeping costs. The Department has submitted the indication, according to the U.S. Census The Department encourages all affected following information-collection request Bureau, in 2002 there were 11,163 commercial entities to provide specific to the Office of Management and Budget establishments engaged in motion estimates, wherever possible, of the (‘‘OMB’’) for review and clearance in picture and video production in the economic costs that this rule will accordance with the Paperwork United States. Based on a rough impose on them. Reduction Act of 1995. The proposed assumption that 10% were engaged in

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the production of visual depictions of record-keeping requirements would 72 FR 38038 by revising paragraph (m) simulated sexually explicit conduct, the impose a burden of 300,000 hours. and adding paragraphs (o), (p), (q), (r), Department estimates that Based on the Department’s assumption and (s), to read as follows: approximately 1116 motion picture and that producers of 90% of these video producing establishments would depictions would qualify for the § 75.1 Definitions. be covered. (The Department does not statutory exemption from these * * * * * certify this estimate and invites requirements, the requirements would (c) * * * comment on the assumptions upon only impose a burden of 30,000 hours. (1) Primary producer is any person which it is based.) The underlying Assuming further that the record who actually films, videotapes, statute provides an exemption from keeping requirements will cost $6.00 photographs, or creates a digitally or these requirements applicable in certain per hour to complete and $0.05 for each computer-manipulated image, a digital circumstances, and it requires producers image of a verifiable form of image, or picture, or digitizes an image, to submit certifications to qualify for identification, the total annual cost for of a visual depiction of an actual human this exemption. The Department has no the 10% of entities not qualifying for the being engaged in actual or simulated information concerning the number of statutory exemption would be $181,500. sexually explicit conduct. otherwise covered entities that would Again, the Department does not certify (2) Secondary producer is any person qualify for this statutory exemption, nor the accuracy of these numbers and who produces, assembles, is it able to estimate this number. For invites comment on the assumptions manufactures, publishes, duplicates, entities that qualify for the statutory outlined above. reproduces, or reissues a book, exemption, however, the Department The Department notes that steps taken magazine, periodical, film, videotape, estimates that it would take less than 20 to minimize the burden of these digitally or computer-manipulated hours per year at an estimated cost of requirements on small entities include image, picture, or other matter intended less than $25.00 per hour to prepare the the statutory exemption requiring only for commercial distribution that biennial certification required for the that such entities prepare the contains a visual depiction of an actual statutory exemption. The Department’s certification necessary for the human being engaged in actual or burden hour estimate for preparing the exemption. simulated sexually explicit conduct, or biennial certification required for the All comments and suggestions, or who inserts on a computer site or statutory exemption recognizes that the questions regarding additional service a digital image of, or otherwise certification must take the form of a information, should be directed to manages the sexually explicit content of letter indicating that the producer Andrew Oosterbaan, Chief, Child a computer site or service that contains regularly and in the normal course of Exploitation and Obscenity Section, a visual depiction of an actual human business collects and maintains Criminal Division, United States being engaged in actual or simulated individually identifiable information Department of Justice, Washington, DC sexually explicit conduct, including any regarding all performers employed by 20530; (202) 514–5780. This is not a person who enters into a contract, that person, and shall include a list of toll-free number. Comments should also agreement, or conspiracy to do any of the titles, names, or other identifying be sent to: Lynn Bryant, Clearance the foregoing. information of visual depictions of Officer, United States Department of * * * * * simulated sexually explicit conduct or Justice, Policy and Planning Staff, (4) Producer does not include persons lascivious exhibition produced since the Justice Management Division, Patrick whose activities relating to the visual last certification, as well as a list of the Henry Building, 601 D Street, NW, depiction of actual or simulated titles, names, or other identifying Washington, DC 20530. sexually explicit conduct are limited to information of visual depictions of List of Subjects in 28 CFR Part 75 the following: simulated sexually explicit conduct or * * * * * Crime, Infants and children, lascivious exhibition that include non- (d) Sell, distribute, redistribute, and Reporting and recordkeeping employee performers. The Department re-release refer to commercial requirements. distribution of a book, magazine, assumes that the certification’s main Accordingly, for the reasons set forth periodical, film, videotape, digitally or burden would be to require producers to in the preamble, part 75 of chapter I of computer-manipulated image, digital maintain a list of the visual depictions title 28 of the Code of Federal image, picture, or other matter that produced during the certification Regulations is proposed to be amended contains a visual depiction of an actual period, and that the majority of the work as follows: to prepare the certification would be human being engaged in actual or performed by administrative staff. Based PART 75—CHILD PROTECTION simulated sexually explicit conduct, but on the Department’s assumption that RESTORATION AND PENALTIES does not refer to noncommercial or 90% of such entities would qualify for ENHANCEMENT ACT OF 1990; educational distribution of such matter, the exemption, the total annual cost for PROTECT ACT; ADAM WALSH CHILD including transfers conducted by bona the entities qualifying for the statutory PROTECTION AND SAFETY ACT OF fide lending libraries, museums, exemption would be approximately 2006; RECORD-KEEPING AND schools, or educational organizations. $21,500 per year. Again, the Department RECORD INSPECTION PROVISIONS * * * * * does not certify the accuracy of these (m) Date of original production or numbers and invites comment on the 1. The authority citation for part 75 is original production date means the date assumptions outlined above. revised to read as follows: the primary producer actually filmed, Based on the Department’s Authority: 18 U.S.C. 2257, 2257A. videotaped, or photographed, or created assumption that 3,000,000 visual 2. The title of part 75 is revised to a digitally or computer-manipulated depictions of simulated sexually read as set forth above. image, digital image, or picture, of the explicit conduct are created each year 3. Amend § 75.1 by revising visual depiction of an actual human and that it requires 6 minutes to paragraphs (c)(1), (c)(2), (c)(4) being engaged in actual or simulated complete the record-keeping introductory text, and (d), and further sexually explicit conduct. requirement for each depiction, the amend as proposed on July 12, 2007, at * * * * *

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(o) Simulated sexually explicit identification card prior to production only as of the time the primary producer conduct means conduct engaged in by of the depiction. For any performer actually films, videotapes, or performers in a visual depiction that is portrayed in a depiction of an actual photographs, or creates a digitally or intended to appear to be actual sexually human being engaged in actual sexually computer-manipulated image, digital explicit conduct and does so appear to explicit conduct made after July 3, 1995, image, or picture, of the visual depiction a reasonable viewer. or of an actual human being engaged in of an actual human being engaged in (p) Regularly and in the normal simulated sexually explicit conduct actual or simulated sexually explicit course of business collects and made after [DATE 90 DAYS AFTER conduct. If the producer subsequently maintains means any business practice PUBLICATION IN THE FEDERAL produces an additional book, magazine, that ensures that the producer confirms REGISTER OF THE FINAL RULE], the film, videotape, digitally or computer- the identity and age of employees who records shall also include a legible hard manipulated image, digital image, or perform in visual depictions of sexually copy of the identification document picture, or other matter (including but explicit conduct. examined and, if that document does not limited to an Internet computer site (q) Individually identifiable not contain a recent and recognizable or service) that contains one or more information means that information picture of the performer, a legible hard visual depictions of an actual human about the names, addresses, and dates of copy of a picture identification card. For being engaged in actual or simulated birth of employees is capable of being any performer portrayed in a depiction sexually explicit conduct made by a retrieved on the basis of a name of an of an actual human being engaged in employee who appears in a specified performer for whom he maintains actual sexually explicit conduct made records as required by this part, the visual depiction. after June 23, 2005, or of an actual (r) All performers, including minor producer may add the additional title or human being engaged in simulated identifying number and the names of performers means all performers who sexually explicit conduct made after the performer to the existing records appear in a visual depiction of [DATE 90 DAYS AFTER PUBLICATION maintained pursuant to paragraph (a)(2) lascivious exhibition of the genitals or IN THE FEDERAL REGISTER OF THE of this section. pubic area or simulated sexually FINAL RULE], the records shall include explicit conduct, no matter for how a copy of the depiction and, where the (d) For any record of a performer in short a period of time. depiction is published on an Internet a visual depiction of actual sexually (s) Employed by means, in reference computer site or service, a copy of any explicit conduct created or amended to a performer, one who receives pay for URL associated with the depiction. If no after June 23, 2005, or of a performer in performing in a visual depiction or is URL is associated with the depiction, a visual depiction of simulated sexually otherwise in an employer-employee the records shall include another explicit conduct made after [DATE 90 relationship with the producer of the uniquely identifying reference DAYS AFTER PUBLICATION IN THE visual depiction as evidenced by oral or associated with the location of the FEDERAL REGISTER OF THE FINAL written agreements. depiction on the Internet. For any RULE], all such records shall be 4. Amend § 75.2 by revising the performer in a depiction performed live organized alphabetically, or numerically introductory text of paragraph (a) and on the Internet, the records shall where appropriate, by the legal name of paragraphs (a)(1), (a)(2), (c) and (d), to include a copy of the depiction with the performer (by last or family name, read as follows: running-time sufficient to identify the then first or given name), and shall be § 75.2 Maintenance of records. performer in the depiction and to indexed or cross-referenced to each alias (a) Any producer of any book, associate the performer with the records or other name used and to each title or magazine, periodical, film, videotape, needed to confirm his or her age. identifying number of the book, digitally or computer-manipulated (2) Any name, other than the magazine, film, videotape, digitally or image, digital image, picture, or other performer’s legal name, ever used by the computer-manipulated image, digital matter that contains a depiction of an performer, including the performer’s image, or picture, or other matter actual human being engaged in actual maiden name, alias, nickname, stage (including but not limited to an Internet sexually explicit conduct that is name, or professional name. For any computer site or service). If the produced in whole or in part with performer portrayed in a visual producer subsequently produces an materials that have been mailed or depiction of an actual human being additional book, magazine, film, shipped in interstate or foreign engaged in actual sexually explicit videotape, digitally or computer- commerce, or is shipped or transported conduct made after July 3, 1995, or of manipulated image, digital image, or is intended for shipment or an actual human being engaged in picture, or other matter (including but transportation in interstate or foreign simulated sexually explicit conduct not limited to an Internet computer site commerce and that contains one or made after [DATE 90 DAYS AFTER or service) that contains one or more more visual depictions of an actual PUBLICATION IN THE FEDERAL visual depictions of an actual human human being engaged in actual sexually REGISTER OF THE FINAL RULE], such being engaged in actual or simulated explicit conduct made after July 3, 1995, names shall be indexed by the title or sexually explicit conduct made by a or of an actual human being engaged in identifying number of the book, performer for whom he maintains magazine, film, videotape, digitally or simulated sexually explicit conduct records as required by this part, the computer-manipulated image, digital made after [DATE 90 DAYS AFTER producer shall add the additional title image, picture, URL, or other matter. PUBLICATION IN THE FEDERAL or identifying number and the name(s) Producers may rely in good faith on REGISTER OF THE FINAL RULE], of the performer to the existing records representations by performers regarding shall, for each performer portrayed in and such records shall thereafter be such visual depiction, create and accuracy of the names, other than legal names, used by performers. maintained in accordance with this maintain records containing the paragraph. following: * * * * * (1) The legal name and date of birth (c) The information contained in the * * * * * of each performer, obtained by the records required to be created and 5. Amend § 75.6 by revising paragraph producer’s examination of a picture maintained by this part need be current (a) to read as follows:

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§ 75.6 Statement describing location of the visual depictions in the matter addresses, and dates of birth of the books and records. satisfy the standards under paragraphs performers. (a) Any producer of any book, (a)(1) through (a)(3) of this section. The (b) Form of certification. The magazine, periodical, film, videotape, secondary producer then may cause to certification shall take the form of a digitally or computer-manipulated be affixed to every copy of the matter a letter addressed to the Attorney General image, digital image, picture, or other statement attesting that the matter is not and signed by the chief executive officer matter (including but not limited to an covered by the record-keeping of the entity making the certification or, Internet computer site or service) that requirements of 18 U.S.C. 2257(a)–(c) or in the event the entity does not have a contains one or more visual depictions 18 U.S.C. 2257A(a)–(c), as applicable, chief executive officer, the senior of an actual human being engaged in and of this part. manager responsible for overseeing the actual sexually explicit conduct made 7. Amend § 75.8 by revising paragraph entity’s activities. after July 3, 1995, and produced, (d) to read as follows: (c) Content of certification. The manufactured, published, duplicated, certification shall contain the following: reproduced, or reissued after July 3, § 75.8 Location of the statement. (1) A statement setting out the basis 1995, or in simulated sexually explicit * * * * * under 18 U.S.C. 2257A and part 75.9 conduct made after [DATE 90 DAYS (d) A computer site or service or Web under which the certifying entity and AFTER PUBLICATION IN THE address containing a digitally or any sub-entities, if applicable, are FEDERAL REGISTER OF THE FINAL computer-manipulated image, digital permitted to avail themselves of the safe RULE], shall cause to be affixed to every image, or picture, shall contain the harbor, and basic evidence justifying copy of the matter a statement required statement on every page of a that basis. describing the location of the records Web site on which appears a visual (2) The following statement: ‘‘I hereby required by this part. A producer may depiction of an actual human being certify that [name of entity] [and all sub- cause such statement to be affixed, for engaged in actual or simulated sexually entities listed in this letter] regularly example, by instructing the explicit conduct. and in the normal course of business collect and maintain individually manufacturer of the book, magazine, * * * * * periodical, film, videotape, digitally or identifiable information regarding all 8. Amend part 75 by adding § 75.9 to performers employed by [name of computer-manipulated image, digital read as follows: image, picture, or other matter to affix entity] who appear in visual depictions the statement. In this paragraph, the § 75.9 Certification of records. of simulated sexually explicit conduct or of lascivious exhibition of the term ‘‘copy’’ includes every page of a (a) In general. The provisions of genitals or pubic area’’; Web site on which appears a visual §§ 75.2 through 75.8 shall not apply to depiction of an actual human being (3) A list of the titles, names, or other a visual depiction of actual sexually identifying information of visual engaged in actual or simulated sexually explicit conduct constituting lascivious explicit conduct. depictions of simulated sexually exhibition of the genitals or pubic area explicit conduct or lascivious exhibition * * * * * of a person or to a visual depiction of of the genitals or pubic area (or matter 6. Revise § 75.7 to read as follows: simulated sexually explicit conduct if containing them) that include non- § 75.7 Exemption statement. all of the following requirements are employee performers; met: (a) Any producer of any book, (4) A list of the titles, names, or other (1) The visual depiction is intended magazine, periodical, film, videotape, identifying information of visual for commercial distribution; digitally or computer-manipulated depictions of simulated sexually (2) The visual depiction is created as image, digital image, picture, or other explicit conduct or lascivious exhibition a part of a commercial enterprise; matter may cause to be affixed to every of the genitals or pubic area (or matter copy of the matter a statement attesting (3) Either— containing them) produced since the that the matter is not covered by the (i) The visual depiction is not last certification; record-keeping requirements of 18 produced, marketed, or made available (5) If applicable because the visual U.S.C. 2257(a)–(c) or 18 U.S.C. in circumstances such that an ordinary depictions at issue were produced 2257A(a)–(c), as applicable, and of this person would conclude that the matter outside the United States, the statement part if: contains a visual depiction that is child that: ‘‘I hereby certify that the foreign (1) The matter contains only visual pornography as defined in 18 U.S.C. producers of the visual depictions listed depictions of actual sexually explicit 2256(8), or above either collect and maintain the conduct made before July 3, 1995, or (ii) The visual depiction is subject to records required by sections 2257 and was produced, manufactured, regulation by the Federal 2257A of title 18 of the U.S. Code, or published, duplicated, reproduced, or Communications Commission acting in have certified to the Attorney General reissued before July 3, 1995; its capacity to enforce 18 U.S.C. 1464 that they collect and maintain (2) The matter contains only visual regarding the broadcast of obscene, individually identifiable information depictions of simulated sexually indecent, or profane programming; and regarding all performers, including explicit conduct made before [DATE 90 (4) The producer of the visual minor performers, whom they employ DAYS AFTER PUBLICATION IN THE depiction certifies to the Attorney pursuant to tax, labor, and other laws, FEDERAL REGISTER OF THE FINAL General that he regularly and in the labor agreements, or otherwise pursuant RULE]; normal course of business collects and to industry standards, where such (3) The matter contains only some maintains individually identifiable information includes the names, combination of the visual depictions information regarding all performers, addresses, and dates of birth of the described in paragraphs (a)(1) and (a)(2) including minor performers, whom he performers, in accordance with 28 CFR of this section. employs pursuant to Federal and State part 75; and [name of entity] has copies (b) If the primary producer and the tax, labor, and other laws, labor of those records or certifications.’’ For secondary producer are different agreements, or otherwise pursuant to visual depictions of simulated sexually entities, the primary producer may industry standards, where such explicit conduct only, the producer may certify to the secondary producer that information includes the names, provide the following statement instead:

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‘‘I hereby certify that [name of entity] REGISTER OF THE FINAL RULE] and would be defined as no-discharge zones. has taken reasonable steps to confirm must be filed within a period of five Recordkeeping and reporting that the performers in the visual business days concluding on the due requirements would be imposed, and depictions listed below are not minors.’’ date. Initial certifications of producers the voluntary use of measures to control (6) If applicable, a list of the titles, who begin production after [DATE 180 residues would be encouraged. names, or other identifying information DAYS AFTER PUBLICATION IN THE DATES: The public meetings will be held of the foreign-produced visual FEDERAL REGISTER OF THE FINAL on the following dates: depictions (or matter containing them) RULE] but before [DATE TWO YEARS • Duluth, MN, July 15, 2008 from 1 of simulated sexually explicit conduct AFTER 180 DAYS AFTER p.m. to 5 p.m. for whom records of the performers PUBLICATION IN THE FEDERAL • Cleveland, OH, July 17, 2008 from appearing in them are not available but REGISTER OF THE FINAL RULE] are 1 p.m. to 5 p.m. for whom the certifying entity has taken due within 60 days of the start of The previously announced deadline reasonable steps to confirm that the production (unless the start of for receiving public comments on the performers in them are not minors. production occurs within 60 days of Coast Guard’s notice of proposed (7) If applicable, the statement that: ‘‘I [DATE TWO YEARS AFTER 180 DAYS rulemaking (NPRM) and DEIS is July 22, hereby certify that the primary AFTER PUBLICATION IN THE 2008. producers of visual depictions FEDERAL REGISTER OF THE FINAL ADDRESSES: The Coast Guard will hold secondarily produced by [name of RULE], in which case the certifications the public meetings at the following entity] and listed above either collect are due on [DATE TWO YEARS AFTER addresses: and maintain the records required by 180 DAYS AFTER PUBLICATION IN • Duluth: Holiday Inn, 200 West First sections 2257 and 2257A of title 18 of THE FEDERAL REGISTER OF THE Street, Duluth, MN 55802, phone 218– the U.S. Code or have certified to the FINAL RULE]) and must be filed within 727–7492. Attorney General that they regularly and a period of five business days • Cleveland: The Forum Conference in the normal course of business collect concluding on the due date. In any case Center, One Cleveland Center, 1375 East and maintain individually identifiable where a due date or last day of a time Ninth Street, Cleveland, OH 44114, information regarding all performers, period falls on a Saturday, Sunday, or phone 216–241–6338. including minor performers, whom they federal holiday, the due date or last day You may also submit comments employ, pursuant to Federal and State of a time period is considered to run identified by Coast Guard docket tax, labor, and other laws, labor until the next day that is not a Saturday, number USCG–2004–19621 to the agreements, or otherwise pursuant to Sunday, or Federal holiday. Docket Management Facility at the U.S. industry standards, where such information includes the names, Dated: May 30, 2008. Department of Transportation. To avoid addresses, and dates of birth of the Michael B. Mukasey, duplication, please use only one of the performers, in accordance with 28 CFR Attorney General. following methods: (1) Online: http:// part 75; and [name of entity] has copies [FR Doc. E8–12635 Filed 6–5–08; 8:45 am] www.regulations.gov. of those records or certifications.’’ BILLING CODE 4410–14–P (d) Entities covered by each (2) Mail: Docket Management Facility certification. A single certification may (M–30), U.S. Department of cover all or some subset of all entities Transportation, West Building Ground DEPARTMENT OF HOMELAND owned by the entity making the Floor, Room W12–140, 1200 New Jersey SECURITY certification. However, the names of the Avenue, SE., Washington, DC 20590– 0001. sub-entities covered must be listed in Coast Guard such certification and must be cross- (3) Fax: 202–493–2251. (4) Hand delivery: Room W12–140 on referenced to the matter for which the 33 CFR Part 151 sub-entities served as the producers. the Ground Floor of the West Building, (e) Frequency of certification. An [USCG–2004–19621] 1200 New Jersey Avenue, SE., initial certification is due [DATE 180 Washington, DC 20590, between 9 a.m. DAYS AFTER PUBLICATION IN THE RIN 1625–AA89 and 5 p.m., Monday through Friday, FEDERAL REGISTER OF THE FINAL except Federal holidays. The telephone Dry Cargo Residue Discharges in the number is 202–366–9329. RULE]. Subsequent certifications are Great Lakes; Notice of Public Meeting due every two years from that date. The FOR FURTHER INFORMATION CONTACT: If initial certification and all subsequent AGENCY: Coast Guard, DHS. you have questions on this notice, certifications must be filed within a ACTION: Notice of public meetings. contact LT Heather St. Pierre, Project period of five business days concluding Manager, Environmental Standards on the due date (i.e. , if the due date SUMMARY: The Coast Guard announces Division, Coast Guard, via telephone at were on a Friday, and there were no that public meetings for the May 23, 202–372–1432 or via e-mail at federal holiday during that week, the 2008 notice of proposed rulemaking [email protected]. If you certification would have to be filed on (NPRM) on dry cargo residue discharges have questions on viewing or submitting Monday, Tuesday, Wednesday, in the Great Lakes and its supporting material to the docket, call Renee V. Thursday, or Friday of that week). Draft Environmental Impact Statement Wright, Program Manager, Docket Initial certifications of producers who (DEIS) will be held in Duluth, Operations, telephone 202–493–0402. begin production after [DATE OF Minnesota, and Cleveland, Ohio, in July SUPPLEMENTARY INFORMATION: PUBLICATION IN THE FEDERAL 2008. The proposed rule would allow REGISTER OF THE FINAL RULE] but the continued discharge of certain non- Comment Submissions before [DATE 180 DAYS AFTER toxic and non-hazardous bulk dry cargo In the NPRM published May 23, 2008 PUBLICATION IN THE FEDERAL residues in the Great Lakes. Existing (73 FR 30014), we previously requested REGISTER OF THE FINAL RULE] are prohibitions on discharges in certain public comments and provided due on [DATE 180 DAYS AFTER areas would be continued, and information on how to submit them in PUBLICATION IN THE FEDERAL additional sensitive and protected areas writing. All written comments received

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will be posted, without change, to DATES: Any comments on this proposal rule in a direct final action without www.Regulations.gov and will include must arrive by July 7, 2008. prior proposal because we believe these any personal information you have ADDRESSES: Submit comments, SIP revisions are not controversial. If we provided. Please see the NPRM for identified by docket number EPA–R09– receive adverse comments, however, we additional information on submission of OAR–2008–0228, by one of the will publish a timely withdrawal of the written comments. following methods: direct final rule and address the comments in subsequent action based Public Meetings 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line on this proposed rule. Please note that The Coast Guard encourages you to instructions. if we receive adverse comment on an attend either the Duluth or the 2. E-mail: [email protected]. amendment, paragraph, or section of Cleveland meeting. These meetings will 3. Mail or deliver: Andrew Steckel this rule and if that provision may be be open to the public, up to the capacity (AIR–4), U.S. Environmental Protection severed from the remainder of the rule, of the meeting spaces. Please note that Agency Region IX, 75 Hawthorne Street, we may adopt as final those provisions either meeting may close early if all San Francisco, CA 94105–3901. of the rule that are not the subject of an business is finished. Oral comments Instructions: All comments will be adverse comment. will be transcribed and the transcript included in the public docket without We do not plan to open a second will be made available in the docket at change and may be made available comment period, so anyone interested www.Regulations.gov. We will also online at www.regulations.gov, in commenting should do so at this accept written comments at both including any personal information time. If we do not receive adverse meetings and will enter them in the provided, unless the comment includes comments, no further activity is docket. See ‘‘Comment Submissions’’ if Confidential Business Information (CBI) planned. For further information, please you are unable to attend a meeting but or other information whose disclosure is see the direct final action. would still like to comment in writing restricted by statute. Information that Dated: April 11, 2008. on the NPRM. you consider CBI or otherwise protected Jane Diamond, should be clearly identified as such and Information on Services for Individuals Acting Regional Administrator, Region IX. With Disabilities should not be submitted through www.regulations.gov or e-mail. [FR Doc. E8–12477 Filed 6–5–08; 8:45 am] If you plan to attend one of the public www.regulations.gov is an ‘‘anonymous BILLING CODE 6560–50–P meetings and require special assistance, access’’ system, and EPA will not know such as sign language interpretation or your identity or contact information other reasonable accommodations, unless you provide it in the body of GENERAL SERVICES please contact us as indicated in FOR your comment. If you send e-mail ADMINISTRATION FURTHER INFORMATION CONTACT. directly to EPA, your e-mail address 48 CFR Part 517 Dated: June 2, 2008. will be automatically captured and Jeffrey G. Lantz, included as part of the public comment. [GSAR Case 2007–G500; Docket 2008–0007; Sequence 3] Director of Commercial Regulations and If EPA cannot read your comment due Standards, United States Coast Guard. to technical difficulties and cannot RIN 3090–AI51 [FR Doc. E8–12651 Filed 6–5–08; 8:45 am] contact you for clarification, EPA may not be able to consider your comment. BILLING CODE 4910–15–P General Services Acquisition Electronic files should avoid the use of Regulation; GSAR Case 2007–G500; special characters, any form of Rewrite of GSAR Part 517, Special encryption, and be free of any defects or Contracting Methods ENVIRONMENTAL PROTECTION viruses. AGENCY Docket: The index to the docket for AGENCY: Office of the Chief Acquisition Officer, General Services 40 CFR Part 52 this action is available electronically at www.regulations.gov and in hard copy Administration (GSA). [EPA–R09–OAR–2008–0228; FRL–8567–5] at EPA Region IX, 75 Hawthorne Street, ACTION: Proposed rule with request for San Francisco, California. While all comments. Revisions to the California State documents in the docket are listed in Implementation Plan, Sacramento the index, some information may be SUMMARY: The General Services Metropolitan Air Quality Management publicly available only at the hard copy Administration (GSA) is proposing to District location (e.g., copyrighted material), and amend the General Services some may not be publicly available in Administration Acquisition Regulation AGENCY: Environmental Protection (GSAR) to revise sections that provide Agency (EPA). either location (e.g., CBI). To inspect the hard copy materials, please schedule an requirements for special contracting ACTION: Proposed rule. appointment during normal business methods. SUMMARY: EPA is proposing to approve hours with the contact listed in the FOR DATES: Interested parties should submit revisions to the Sacramento FURTHER INFORMATION CONTACT section. written comments to the Regulatory Metropolitan Air Quality Management FOR FURTHER INFORMATION CONTACT: Mae Secretariat on or before August 5, 2008 District (SMAQMD) portion of the Wang, EPA Region IX, (415) 947–4124, to be considered in the formulation of California State Implementation Plan [email protected]. a final rule. (SIP). Under authority of the Clean Air SUPPLEMENTARY INFORMATION: This ADDRESSES: Submit comments Act as amended in 1990 (CAA or the proposal addresses the following local identified by GSAR Case 2007–G500 by Act), we are proposing to approve a rule: SMAQMD Rule 105, Emission any of the following methods: local rule that requires submission of Statement, adopted by the SMAQMD on • Regulations.gov: http:// emission statements from stationary September 5, 1996. In the Rules and www.regulations.gov. sources that emit volatile organic Regulations section of this Federal Submit comments via the Federal compounds and oxides of nitrogen. Register, we are approving this local eRulemaking portal by inputting ‘‘GSAR

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Case 2007–G500’’ under the heading paragraph (a)(2)(v) because the PART 517—SPECIAL CONTRACTING ‘‘Comment or Submission’’. Select the evaluation of performance before METHODS link ‘‘Send a Comment or Submission’’ exercising an option is necessary in all that corresponds with GSAR Case 2007– option situations, and does not reflect a 1. The authority citation for 48 CFR G500. Follow the instructions provided standard that only emerging small part 517 is revised to read as follows: to complete the ‘‘Public Comment and businesses need to meet. At GSAR AUTHORITY: 40 U.S.C. 121(c). Submission Form’’. Please include your 517.202(b), a cross-reference was 2. Revise section 517.200 to read as name, company name (if any), and inserted to FAR 22.404–12 to remind follows: ‘‘GSAR Case 2007–G500’’ on your contracting officers of special Davis 517.200 Scope of subpart. attached document. Bacon Act requirements applicable to • Fax: 202–501–4067. certain construction contract options. This subpart applies to all GSA • Mail: General Services GSAR 517.202(c) was added to include contracts for supplies and services, Administration, Regulatory Secretariat a cross-reference to FAR 7.105(b)(4), including: (VPR), 1800 F Street, NW., Room 4041, reminding contracting officers to (a) Services involving construction, ATTN: Laurieann Duarte, Washington, address options in the acquisition plan. alteration, or repair (including dredging, DC 20405. Language in GSAR 517.203(c) was excavating, and painting) of buildings, Instructions: Please submit comments added to ensure there are funds bridges, roads, or other kinds of real only and cite GSAR Case 2007–G500 in available when a solicitation includes property. all correspondence related to this case. an option to extend. GSAR 517.207, (b) Architect-engineer services. All comments received will be posted Exercise of options, is revised to delete 3. Amend section 517.202 by— without change to http:// language that repeats the FAR and to a. Revising the introductory text of www.regulations.gov, including any include minor edits. paragraph (a)(1); personal and/or business confidential This is not a significant regulatory b. Revising paragraphs (a)(2)(i) and information provided. action and, therefore, was not subject to (a)(2)(ii); c. Removing paragraph (a)(2)(v); review under Section 6(b) of Executive FOR FURTHER INFORMATION CONTACT: For d. Revising paragraph (b); and Order 12866, Regulatory Planning and clarification of content, contact Michael e. Adding paragraph (c). O. Jackson at (202) 208–4949, or by e- Review, dated September 30, 1993. This The revised and added text reads as mail at [email protected]. For rule is not a major rule under 5 U.S.C. follows: information pertaining to the status or 804. 517.202 Use of options. publication schedules, contact the B. Regulatory Flexibility Act Regulatory Secretariat (VPR), Room (a) * * * (1) Options should be used 4041, GS Building, Washington, DC The General Services Administration when they meet one or more of the 20405, (202) 501–4755. Please cite does not expect this proposed rule to following objectives: have a significant economic impact on GSAR Case 2007–G500. * * * * * a substantial number of small entities SUPPLEMENTARY INFORMATION: (2) * * * within the meaning of the Regulatory (i) There is an anticipated need for A. Background Flexibility Act, 5 U.S.C. 601, et seq., additional supplies or services during because the revisions are not considered The General Services Administration the contract term. (GSA) is amending the General Services substantive. An Initial Regulatory (ii) Multiyear contracting authority is Administration Acquisition Regulation Flexibility Analysis has, therefore, not not available or its use is inappropriate (GSAR) to update the text addressing been performed. We invite comments and the contracting officer must Part 517, Special Contracting Methods. from small businesses and other anticipate a need for additional supplies This rule is a result of the General interested parties. GSA will consider or services beyond the initial contract Services Administration Acquisition comments from small entities term. Manual (GSAM) Rewrite Initiative concerning the affected GSAR Part 517 in accordance with 5 U.S.C. 610. * * * * * undertaken by GSA to revise the GSAM (b) Construction. (1) Construction to maintain consistency with the FAR Interested parties must submit such comments separately and should cite 5 contracts which contain options that and implement streamlined and extend the term of the contract must innovative acquisition procedures that U.S.C. 601, et seq. (GSAR case 2007– G500), in correspondence. comply with the requirements of FAR contractors, offerors, and GSA 22.404–12 regarding the Davis-Bacon contracting personnel can utilize when C. Paperwork Reduction Act Act, and must contain one of the three entering into and administering The Paperwork Reduction Act does clauses described at FAR 22.407(e), (f) contractual relationships. The GSAM or (g). incorporates the General Services not apply because the proposed changes to the GSAM do not impose information (2) For limitations on the use of Administration Acquisition Regulation options, see 536.213 and 536.270. (GSAR) as well as internal agency collection requirements that require the approval of the Office of Management (c) Acquisition Planning. The benefits acquisition policy. of using options in a contract should be GSA will rewrite each part of the and Budget under 44 U.S.C. 3501, et seq. discussed in the acquisition plan as GSAR and GSAM, and as each GSAR addressed in FAR 7.105(b)(4). part is rewritten, will publish it in the List of Subjects in 48 CFR Part 517: 4. Amend section 517.203 by Federal Register. Government procurement. removing from the introductory text the This proposed rule amends GSAR word ‘‘both’’ and adding the word ‘‘all’’ 517.200, Scope of subpart, to delete Dated: May 30, 2008. in its place, and adding paragraph (c) to paragraph (b) because provisions Al Matera, read as follows: inconsistent with the FAR are Director, Office of Acquisition Policy, U.S. authorized only when a deviation has General Services Administration. 517.203 Solicitations. been obtained. GSAR 517.202 is revised Therefore, GSA proposes to amend 48 * * * * * to make minor edits and to delete CFR part 517 as set forth below: (c) Availability of funds.

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5. Revise section 517.207 to read as name, company name (if any), and language. GSAR clauses 552.237–71, follows: ‘‘GSAR Case 2008–G510’’ on your Qualifications of Employees and attached document. 552.237–72, Prohibition Regarding 517.207 Exercise of options. • Fax: 202–501–4067. ‘‘Quasi-Military Armed Forces’’ are In addition to the requirements of • Mail: General Services retained with no changes. FAR 17.207, the contracting officer must Administration, Regulatory Secretariat Discussion of Comments also— (VPR), 1800 F Street, NW, Room 4041, (a) Determine that the contractor’s ATTN: Laurieann Duarte, Washington, There were no public comments performance under the contract met or DC 20405. received in response to the Advanced exceeded the Government’s expectation Instructions: Please submit comments Notice of Proposed Rulemaking. for quality performance, unless another only and cite GSAR Case 2008–G510 in This is not a significant regulatory circumstance justifies an extended all correspondence related to this case. action and, therefore, was not subject to contractual relationship; and All comments received will be posted review under Section 6(b) of Executive (b) Determine that the option price is without change to http:// Order 12866, Regulatory Planning and fair and reasonable. www.regulations.gov, including any Review, dated September 30, 1993. This 517.208 [Amended] personal and/or business confidential rule is not a major rule under 5 U.S.C. information provided. 5. Amend section 517.208 by 804. FOR FURTHER INFORMATION CONTACT For removing from the introductory text the B. Regulatory Flexibility Act word ‘‘FSS’s’’ and adding the word clarification of content, contact Mr. ‘‘FAS’s’’ in its place. Michael O. Jackson at (202) 208–4949. The General Services Administration For information pertaining to the status does not expect this proposed rule to [FR Doc. E8–12613 Filed 6–5–08; 8:45 am] or publication schedules, contact the have a significant economic impact on BILLING CODE 6820–61–S Regulatory Secretariat (VPR), Room a substantial number of small entities 4041, GS Building, Washington, DC within the meaning of the Regulatory GENERAL SERVICES 20405, (202) 501–4755. Please cite Flexibility Act, 5 U.S.C. 601, et seq., ADMINISTRATION GSAR Case 2008–G510. because the revisions are not considered SUPPLEMENTARY INFORMATION: substantive. The revisions only update 48 CFR Parts 537 and 552 and reorganize existing coverage. An A. Background Initial Regulatory Flexibility Analysis [GSAR Case 2008–G510; Docket 2008–0007; The General Services Administration has, therefore, not been performed. We Sequence 4] (GSA) is amending the General Services invite comments from small businesses RIN 3090–AI54 Administration Acquisition Regulation and other interested parties. GSA will (GSAR) to revise sections of GSAR Part consider comments from small entities General Services Acquisition 537 that provide requirements for concerning the affected GSAR Parts 537 Regulation; GSAR Case 2008–G510; service contracting. and 552 in accordance with 5 U.S.C. Rewrite of GSAR Part 537, Service This rule is a result of the General 610. Interested parties must submit such Contracting Services Administration Acquisition comments separately and should cite 5 Manual (GSAM) rewrite initiative U.S.C. 601, et seq. (GSAR case 2008– AGENCY: Office of the Chief Acquisition undertaken by GSA to revise the GSAM G510), in all correspondence. Officer, General Services to maintain consistency with the FAR C. Paperwork Reduction Act Administration (GSA). and to implement streamlined and ACTION: Proposed rule. innovative acquisition procedures that The Paperwork Reduction Act does contractors, offerors, and GSA apply; however, these changes to the SUMMARY: The General Services contracting personnel can utilize when GSAR do not impose additional Administration (GSA) is proposing to entering into and administering information collection requirements to amend the General Services Acquisition contractual relationships. The GSAM the paperwork burden previously Regulation (GSAR) to revise sections of incorporates the General Services approved under OMB Control Number the GSAR that pertains to requirements Administration Acquisition Regulation 3090–0027. for service contracting. (GSAR) as well as internal agency List of Subjects in 48 CFR Parts 537 and DATES: Interested parties should submit acquisition policy. 552 written comments to the Regulatory GSA will rewrite each part of the Secretariat on or before August 5, 2008 GSAR and GSAM, and as each GSAR Government procurement. to be considered in the formulation of part is rewritten, will publish it in the Dated: May 30, 2008. a final rule. Federal Register. Al Matera, ADDRESSES: Submit comments This rule covers the rewrite of GSAR identified by GSAR Case 2008–G510 by Part 537. The rule revises 537 to address Director, Office of Acquisition Policy. any of the following methods: the text at GSAR 537.101, Definitions; Therefore, GSA proposes to amend 48 • Regulations.gov: http:// 537.110 Solicitation provisions and CFR parts 537 and 552 as set forth www.regulations.gov. Submit comments contract clauses; provision 552.237–70, below: via the Federal eRulemaking portal by Qualifications of Offerors; and clause 1. The authority citation for 48 CFR inputting ‘‘GSAR Case 2008–G510’’ 552.237–73, Restriction on Disclosure of parts 537 and 552 continues to read as under the heading ‘‘Comment or Information. The language in 537.101, follows: Submission’’. Select the link ‘‘Send a Definitions, is removed from inclusion Authority: 40 U.S.C. 121(c). Comment or Submission’’ that in the GSAR. This language clarifies the corresponds with GSAR Case 2008– definition for ‘‘contracts for building PART 537—SERVICE CONTRACTING G510. Follow the instructions provided services’’ for contracting officers, to complete the ‘‘Public Comment and therefore this language is being 537.101 [Removed] Submission Form’’. Please include your incorporated as non-regulatory GSAM 2. Remove section 537.101.

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537.110 [Amended] This is one of the series of revisions • Maintain consistency with the FAR 3. Amend section 537.110 by to 48 CFR Chapter 5. It covers the but eliminate duplication. removing from paragraph (a) ‘‘initiated’’ rewrite of GSAR Part 547, • Revise GSAR sections that are out of and adding ‘‘initiated with Ability One’’ Transportation. date, or impose inappropriate burdens in its place. DATES: Interested parties should submit on the Government or contractors, written comments to the Regulatory especially small businesses. PART 552—SOLICITATION • Secretariat on or before August 5, 2008 Streamline and simplify by PROVISIONS AND CONTRACT to be considered in the formulation of incorporation of all GSA acquisition CLAUSES a final rule. policies, i.e., acquisition letters, alerts, and FAS manual information. 552.237–70 [Amended] ADDRESSES: Submit comments In addition, GSA has recently 4. Amend section 552.237–70 by identified by GSAR Case 2006–G518 by reorganized into two, rather than three revising the date of the provision to read any of the following methods: services. Therefore, the reorganization ‘‘(Date)’’; and removing from paragraph • Regulations.gov: http:// of the Federal Supply Service (FSS) and (a) ‘‘In order to’’ and adding ‘‘To’’ in its www.regulations.gov. the Federal Technology Service (FTS) place. Submit comments via the Federal eRulemaking portal by inputting ‘‘GSAR into the Federal Acquisition Service 552.237–73 [Amended] Case 2006–G518’’ under the heading (FAS) will be considered in the rewrite 5. Amend 552.237–73 by revising the ‘‘Comment or Submission’’. Select the initiative. date of the clause to read ‘‘(Date)’’; and link ‘‘Send a Comment or Submission’’ The Rewrite of Part 547 removing from paragraph (b) that corresponds with GSAR Case 2006– This proposed rule contains the ‘‘individual’’ and adding ‘‘entity’’ in its G518. Follow the instructions provided revisions made to Part 547, place. to complete the ‘‘Public Comment and Transportation. The information [FR Doc. E8–12571 Filed 6–5–08; 8:45 am] Submission Form’’. Please include your contained in the five sections; 547.300, 547.303, 547.304, 547.305, and 547.370 BILLING CODE 6820–61–S name, company name (if any), and ‘‘GSAR Case 2006–G518’’ on your is proposed for deletion from Part 547. attached document. In addition, clauses 552.247–70, GENERAL SERVICES • Fax: 202–501–4067. Placarding Railcar Shipments, and ADMINISTRATION • Mail: General Services 552.247–71, Diversion of Shipment Administration, Regulatory Secretariat Under f.o.b. Destination Contracts, are 48 CFR Parts 547 and 552 (VPR), 1800 F Street, NW., Room 4041, proposed for deletion from 552.547. This information is deemed specific to [GSAR Case 2006–G518; Docket 2008–0007; ATTN: Laurieann Duarte, Washington, Sequence 6] DC 20405. the FAS organization and its special Instructions: Please submit comments order program and stock program. This RIN 3090–AI52 only and cite GSAR Case 2006–G518 in information is not used in the Multiple all correspondence related to this case. Award Schedule Program. The coverage General Services Acquisition All comments received will be posted and the clauses were evaluated and Regulation; GSAR Case 2006–G518; without change to http:// deemed not necessary for inclusion into Rewrite of GSAR Part 547, www.regulations.gov, including any the GSAR. The FAR coverage in 47.103, Transportation personal and/or business confidential 47.3, and 52.243–1 (48 CFR Chapter 1) AGENCY: Office of the Chief Acquisition information provided. is sufficient and does not need to be Officer, General Services FOR FURTHER INFORMATION CONTACT: For supplemented by further information in Administration (GSA). clarification of content, contact Jeritta the GSAR. ACTION: Proposed rule with request for Parnell at (202) 501–4082, or by e-mail Discussion of Comments comments. at [email protected]. For As a result of the ANPR, GSA information pertaining to the status or received one comment pertaining to SUMMARY: The General Services publication schedules, contact the GSAR Part 547. Administration (GSA) is proposing to Regulatory Secretariat (VPR), Room One commenter suggested making the amend the General Services Acquisition 4041, GS Building, Washington, DC GSAR consistent with the FAR and to Regulation (GSAR) to revise GSAR 20405, (202) 501–4755. Please cite eliminate inconsistencies and language that provides requirements for GSAR Case 2006–G518. redundancies between the FAR and transportation. This rule is a result of SUPPLEMENTARY INFORMATION: GSAR. The commenter further provided the General Services Administration an example of a FAR deviation used Acquisition Manual (GSAM) Rewrite A. Background under a Federal Supply Schedule 70, initiative undertaken by GSA to revise The GSAR Rewrite Project stating ‘‘that GSA should consider the GSAM to maintain consistency with On February 15, 2006, GSA published whether the various delivery and the FAR, and to implement streamlined an Advance Notice of Proposed packaging requirements can be and innovative acquisition procedures Rulemaking (ANPR) with request for simplified and require delivery and that contractors, offerors and GSA comments because GSA is beginning the packaging that comports with the contracting personnel can use when review and update of the General contractor’s standard commercial entering into and administering Services Administration Acquisition practices.’’ GSA partially agrees with contractual relationships. The GSAM Regulation (GSAR). the commenter and has initiated this incorporates the General Services The GSAR rewrite will— rewrite of the GSAM/GSAR to correct or Administration Acquisition Regulation • Consider comments received from clarify such inconsistencies. However, (GSAR) as well as internal agency the ANPR, published in the Federal GSA believes that in this instance cited acquisition policy. GSA will rewrite Register at 71 FR 7910, February 15, by the commenter, that the risk of loss each part of the GSAR and GSAM, and 2006. or damage to supplies shall remain with as each GSAR part is rewritten, will • Change ‘‘you’’ to ‘‘contracting the contractor until the Government publish it in the Federal Register. officer.’’ takes possession of the supplies, as

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specified f.o.b. origin or destination, 552.247–71 [Removed] generally be posted to http:// whichever the contract so states. 4. Section 552.247–71 is removed. www.regulations.gov without change. This is not a significant regulatory [FR Doc. E8–12694 Filed 6–5–08; 8:45 am] All personal identifying information (for action and, therefore, was not subject to BILLING CODE 6820–61–S example, name, address, etc.) review under Section 6(b) of Executive voluntarily submitted by the commenter Order 12866, Regulatory Planning and may be publicly accessible. Do not submit confidential business Review, dated September 30, 1993. This DEPARTMENT OF COMMERCE rule is not a major rule under 5 U.S.C. information or otherwise sensitive or 804. National Oceanic and Atmospheric protected information. NMFS will Administration accept anonymous comments. B. Regulatory Flexibility Act Attachments to electronic comments 50 CFR Part 229 will be accepted in Microsoft Word, The General Services Administration Excel, WordPerfect, or Adobe PDF file does not expect this proposed rule to [Docket No. 080509647–8651–01] formats only. have a significant economic impact on Copies of the Regulatory Impact RIN 0648–AW84 a substantial number of small entities Review related to this action can be within the meaning of the Regulatory obtained from the ALWTRP website Flexibility Act, 5 U.S.C. 601, et seq., Taking of Marine Mammals Incidental to Commercial Fishing Operations; listed under the Electronic Access because the rule will delete information portion of this document or writing and clauses that are deemed Atlantic Large Whale Take Reduction Plan Regulations Diane Borggaard, NMFS, Northeast unnecessary. An Initial Regulatory Region, 1 Blackburn Dr., Gloucester, MA Flexibility Analysis has, therefore, not AGENCY: National Marine Fisheries 01930. For additional ADDRESSES and been performed. We invite comments Service (NMFS), National Oceanic and web sites for document availability see from small businesses and other Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION. interested parties. GSA will consider Commerce. comments from small entities FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule; request for concerning the affected GSAR Parts 547 Diane Borggaard, NMFS, Northeast comments. and 552 in accordance with 5 U.S.C. Region, 978–281–9300 Ext. 6503; or 610. Interested parties must submit such Kristy Long, NMFS, Office of Protected SUMMARY: The National Marine Resources, 301–713–2322. comments separately and should cite 5 Fisheries Service (NMFS) proposes to U.S.C. 601, et seq. (GSAR case 2006– amend the regulations implementing the SUPPLEMENTARY INFORMATION: G518), in correspondence. Atlantic Large Whale Take Reduction Electronic Access Plan (ALWTRP), to delay the effective C. Paperwork Reduction Act Several of the background documents date of one of the broad-based gear for the ALWTRP and the take reduction The Paperwork Reduction Act does modifications and remove one of the planning process can be downloaded not apply because the proposed changes gear-related definitions required in the from the ALWTRP web site at http:// to the GSAM do not impose information recent amendment to the ALWTRP. www.nero.noaa.gov/whaletrp/. The collection requirements that require the Specifically, NMFS is proposing to complete text of the regulations approval of the Office of Management delay the broad-based sinking implementing the ALWTRP can be and Budget under 44 U.S.C. 3501, et groundline requirement for trap/pot found either in the Code of Federal seq. fishermen in the Atlantic for an Regulations (CFR) at 50 CFR 229.32 or additional six months, from October 5, List of Subjects in 48 CFR Parts 547 and downloaded from the website, along 2008 to April 5, 2009. Additionally, the 552 with a guide to the regulations. proposed rule would delete the Government procurement. ‘‘neutrally buoyant line’’ term from the Background regulations to avoid any potential Dated: June 2, 2008. In response to the continued serious confusion with the requirements and injury and mortality of large whales Al Matera, assist enforcement efforts. Director, Office of Acquisition Policy, General from entanglement in commercial DATES: Comments on the proposed rule Services Administration. fishing gear, NMFS determined that must be received by 5 p.m. EST on July additional modifications to the Therefore, GSA proposes to amend 48 7, 2008. ALWTRP were warranted. CFR parts 547 and 552 as set forth ADDRESSES: Comments may be Subsequently, in October 2007, NMFS below: submitted on this proposed rule, finalized an amendment to the ALWTRP 1. The authority citation for 48 CFR identified by RIN 0648–AW84, by any which implemented a broad-based gear parts 547 and 552 is revised to read as one of the following methods: modification strategy that included follows: (1) Electronic Submissions: Submit all additional regulated fisheries; expanded AUTHORITY: 40 U.S.C. 121(c). electronic public comments via the weak link and sinking groundline Federal eRulemaking Portal http:// requirements; additional gear marking PART 547 [RESERVED] www.regulations.gov. requirements; changes in boundaries; (2) Mail: Mary Colligan, Assistant seasonal restrictions for gear 2. Part 547 is removed and reserved. Regional Administrator for Protected modifications; expanded exempted Resources, NMFS, Northeast Region, 1 areas; and regulatory language changes PART 552—SOLICITATION Blackburn Dr., Gloucester, MA 01930, for the purposes of clarification and PROVISIONS AND CONTRACT ATTN: ALWTRP Proposed Rule. consistency (72 FR 57104, October 5, CLAUSES (3) Facsimile (fax) to: 978–281–9394, 2007; 73 FR 19171, April 9, 2008). Most Attn: Diane Borggaard modifications became effective 552.247–70 [Removed] Instructions: All comments received November 5, 2007, and April 5, 2008, 3. Section 552.247–70 is removed. are a part of the public record and will except for one broad-based requirement

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which becomes effective October 5, longer in effect), and SAM area have inquired about the definition of low 2008. facilitated the conversion to sinking profile groundline (a line that does not Based on the availability of the groundline. Floating groundline gear sink, but loops some distance above the sinking groundline and time needed to buyback programs in Maine, ocean bottom lower than floating line), re-rig gear, NMFS built into the final Massachusetts, New York and the mid- and have asked NMFS for clarification rule a one-year phase-in period to afford Atlantic have also facilitated the on whether neutrally buoyant line is the trap/pot and gillnet fishermen adequate conversion to sinking groundline for same as low profile line. Therefore, in time to convert their gear. Specifically, trap/pot fisheries, but primarily for order to ensure clarity regarding the the regulations require sinking and/or lobster trap/pot. This proposed action groundline requirement, this proposed neutrally buoyant line on groundlines will eliminate the confusion in the trap/ action would remove all references to on a year-round or seasonal basis pot industry as to which fisheries are the term ‘‘neutrally buoyant line’’ from depending on the temporal and spatial impacted and what type of line is the regulations to facilitate both distribution of large whales one year required to assist all Atlantic trap/pot industry understanding of the after publication of the final rule (except fishermen in fully converting to sinking regulations and enforcement efforts of in the Cape Cod Bay Restricted Area and groundline when much of the gear is out this requirement. The term would be Seasonal Area Management (SAM) of the water. As a result, trap/pot removed for both buoy line and Areas). Because the final rule was fishermen would be able to convert their groundline requirements and for both published on October 5, 2007, the gear over an extended period of time to gillnet and trap/pot fisheries. sinking groundline provision becomes help ensure gear availability and avoid Accordingly, the ‘‘sinking line’’ effective on October 5, 2008. any potential spike in demand for definition would be modified to Proposed Measures sinking line, which if it materialized, eliminate reference to ‘‘see also might temporarily outstrip the capacity neutrally buoyant line.’’ NMFS In the time since the publication of of cordage manufacturers, drive up discussed the removal of the ‘‘neutrally the October 5, 2007 final rule, NMFS prices, and impair fishermen’s ability to buoyant line’’ term with the Atlantic has monitored the availability of the comply. Large Whale Take Reduction Team, a sinking groundline and progress of the The impact on large whales from this NMFS advisory group composed of commercial trap/pot fisheries in delay would be minimal given that: (1) various marine resource stakeholders, at converting to sinking groundlines. the majority of the conservation its April 2008 meeting and this Based on its findings, NMFS has measures included in the amendment to suggested ALWTRP revision was determined that additional time to the ALWTRP would already be in place; supported. convert to sinking groundline is (2) special right whale management warranted. This proposed rule would areas have already converted to sinking Classification provide an additional six months groundline as described above; (3) most This action is categorically excluded (through April 5, 2009) for trap/pot trap/pot gear is out of the water during from the requirement to prepare an fishermen along the Atlantic east coast a portion of the time period before the Environmental Assessment in to comply with this major requirement. broad-based sinking groundline accordance with sections 6.03a.3(a) and The proposed action is warranted requirements go into effect; (4) the 6.03c.3(d) of NOAA Administrative given the confusion that has occurred primary seasonal distribution of large Order (NAO) 216–6. Specifically, this regarding which trap/pot fishermen are whales in the Northeast occurs before proposed action includes revisions that impacted by the ALWTRP and what the proposed effective date (Pace and ‘‘will hold no potential for significant type of groundline line is required. As Merrick 2008, NMFS 2007) (where the environmental impacts,’’ and will far as trap/pot fisheries, the ALWTRP majority of confusion has been reported facilitate enforcement efforts. This has regulated only American lobster to have occurred); and (5) gear buyback action does not trigger the exceptions to since it was first implemented in 1997, programs from Maine to North Carolina categorical exclusions listed in NAO and many trap/pot fisheries are being that have assisted in the conversion of 216–6, Section 5.05c; thus, a categorical regulated for the first time through the sinking groundline for lobster trap/pot exclusion memorandum to the file has October ALWTRP amendment. These fisheries have already removed a large been prepared. new trap/pot fisheries include, but are amount of sinking groundline from the This proposed rule has been not limited to, crab (red, Jonah, rock, ocean. determined to be not significant for the and blue), hagfish, finfish (black sea In addition to the proposal to extend purposes of Executive Order 12866. bass, scup, tautog, cod, haddock, the implementation of the broad-based This proposed rule does not contain pollock, redfish (ocean perch), and gear requirements, this proposed rule a collection of information requirements white hake), conch/whelk, and shrimp. would delete the ‘‘neutrally buoyant subject to the Paperwork Reduction Act The delay of the broad-based sinking line’’ term and definition from the (PRA). groundline requirement would occur regulations, so that only the ‘‘sinking The Chief Counsel for Regulation of partially during a time of year when line’’ term and definition would remain. the Department of Commerce certified most trap/pot gear is out of the water In the October 5, 2007 final rule, NMFS to the Chief Counsel for Advocacy of the while fishermen traditionally repair and included both the terms ‘‘sinking’’ and Small Business Administration (SBA) replace gear. The delay will also enable ‘‘neutrally buoyant’’ line, with identical that this proposed rule, if adopted, fishermen to purchase the appropriate definitions for each, in an attempt to would not have a significant economic sinking line and rectify any confusion include familiar industry terms and impact on a substantial number of small they may have regarding sinking line. assist in the understanding of the entities. The October 5, 2007 ALWTRP All other ALWTRP amendments would regulations. However, industry feedback final rule (72 FR 57104, October 5, 2007; be effective, including the sinking since the final rule published indicates 73 FR 19171, April 9, 2008) and Final groundline requirement for gillnet that using two terms has led to Environmental Impact Statement (FEIS) fisheries. The requirements for sinking confusion and resulted in some (August 2007) identified approximately groundline for lobster trap/pot fisheries fishermen not understanding what type 4,353 vessels that would be affected by in Cape Cod Bay, Dynamic Area of line is required for the groundline. the final rule, including 2,889 from the Management (DAM) zones (now no Additionally, trap/pot fishermen have lobster trap/pot fishery. This proposed

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action would merely delete the term PART 229—AUTHORIZATION FOR (B) Groundlines. On or before April 5, ‘‘neutrally buoyant line’’ from the COMMERCIAL FISHERIES UNDER THE 2009, all groundlines must be composed regulations, and delay the MARINE MAMMAL PROTECTION ACT entirely of sinking line unless exempted implementation of the broad based gear OF 1972 from this requirement under paragraph requirements for an additional 6 (a)(4) of this section. * * * 1. The authority citation for 50 CFR months. Because this action would not part 229 continues to read as follows: * * * * * impose any new requirements, it would (6) * * * have no economic impact beyond that Authority: 16 U.S.C. 1361 et seq. (ii) * * * 2. In § 229.2, the definition ‘‘Neutrally previously analyzed in the prior (B) Groundlines. On or before April 5, buoyant line’’ is removed. The rulemaking and Final Environmental 2009, all groundlines must be composed definition of ‘‘Sinking line’’ is revised to Impact Statement, and would not entirely of sinking line unless exempted read as follows: significantly reduce profit for affected for this requirement under paragraph (a)(4) of this section. * * * vessels. § 229.2 Definitions. * * * * * NMFS has determined that this action * * * * * Sinking line means, for both (7) * * * is consistent to the maximum extent (ii) * * * practicable with the approved coastal groundlines and buoy lines, line that (C) Groundlines. On or before April 5, management program of the U.S. has a specific gravity greater than or 2009, all groundlines must be composed Atlantic coastal states. This equal to 1.030, and, for groundlines entirely of sinking line unless exempted determination was submitted for review only, does not float at any point in the from this requirement under paragraph water column. by the responsible state agencies under (a)(4) of this section. * * * section 307 of the Coastal Zone * * * * * * * * * * 3. In § 229.32, revise paragraphs (a)(4), Management Act. (8) * * * (c)(2)(ii)(D), (c)(2)(ii)(E), the first (ii) * * * This proposed rule contains policies sentence of paragraphs, (c)(5)(ii)(B), with federalism implications as that (B) Groundlines. On or before April 5, (c)(6)(ii)(B), (c)(7)(ii)(C), (c)(8)(ii)(B), 2009, all groundlines must be composed term is defined in Executive Order (c)(9)(ii)(B), (d)(6)(ii)(D), (d)(7)(ii)(D), entirely of sinking line unless exempted 13132. Accordingly, the Assistant (i)(3)(i)(B)(1)(i), (i)(3)(i)(B)(2)(i), and the from this requirement under paragraph Secretary for Legislative and second sentence of (d)(1)(i) to read as (a)(4) of this section. * * * Intergovernmental Affairs will provide follows: notice of the proposed action to the * * * * * (9) * * * appropriate official(s) of affected state, § 229.3 Atlantic large whale take reduction plan regulations. (ii) * * * local, and/or tribal governments. (a)* * * (B) Groundlines. On or before April 5, References (4) Sinking groundline exemption. 2009, all groundlines must be composed The fisheries regulated under this entirely of sinking line unless exempted NMFS. 2007. Final Environmental section are exempt from the requirement from this requirement under paragraph Impact Statement for Amending the to have groundlines composed of (a)(4) of this section. * * * Atlantic Large Whale Take Reduction sinking line if their groundline is at a * * * * * Plan: Broad-Based Gear Modifications. depth equal to or greater than 280 (d) * * * Prepared by: Industrial Economics, Inc. fathoms (1,680 ft or 512.1 m) (as shown (1) * * * and NOAA’s National Marine Fisheries on NOAA charts 13200 (Georges Bank (i) * * * If more than one buoy is Service. Northeast Region. and Nantucket Shoals, 1:400,000), attached to a single buoy line or if a high flyer and a buoy are used together Pace, Richard M. III, and Merrick, 12300 (NY Approaches—Nantucket Shoals to Five Fathom Bank, 1:400,000), on a single buoy line, sinking line must Richard. 2008. Northwest Atlantic be used between these objects. Ocean Habitats Important to the 12200 (Cape May to Cape Hatteras, 1:419,706), 11520 (Cape Hatteras to Conservation of North Atlantic Right * * * * * Charleston, 1:432,720), 11480 (6) * * * Whales. Northeast Fisheries Science (Charleston Light to Cape Canaveral, (ii) * * * Center Reference Document 08–07. 32 1:449,659) and 11460(Cape Canaveral to (D) Groundlines. On or before October pp. Key West, 1:466,940)). 5, 2008, all groundlines must be List of Subjects 50 CFR Part 229 * * * * * composed entirely of sinking line unless (c)* * * exempted from this requirement under Administrative practice and (2)* * * paragraph (a)(4) of this section. * * * procedure, Confidential business (ii)* * * * * * * * information, Fisheries, Marine (D) Buoy lines. All buoy lines must be (7) * * * mammals, Reporting and recordkeeping composed of sinking line except the (ii) * * * (D) Groundlines. On or requirements. bottom portion of the line, which may before October 5, 2008, all groundlines be a section of floating line not to must be composed entirely of sinking Dated: June 2, 2008. exceed one-third the overall length of line unless exempted from this John Oliver, the buoy line. requirement under paragraph (a)(4). * * Deputy Assistant Administrator for (E) Groundlines. All groundlines must * Operations, National Marine Fisheries be composed entirely of sinking line. * * * * * Service. The attachment of buoys, toggles, or (i) * * * For the reasons set out in the other floatation devices to groundlines (3) * * * preamble, 50 CFR part 229 is proposed is prohibited. (i) * * * to be amended as follows: * * * * * (B) * * * (5)* * * (1) Anchored gillnet gear—(i) (ii)* * * Groundlines. All groundlines must be

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made entirely of sinking line. Floating • Electronic Submissions: Submit all are long-lived (e.g., snowy grouper, groundlines are prohibited. * * * electronic public comments via the golden tilefish, red snapper, gag, scamp, * * * * * Federal eRulemaking Portal http:// red grouper, and red porgy); they are (2) Trap/pot gear—(i) Groundlines. www.regulations.gov. protogynous, i.e., they may change sex • All groundlines must be made entirely Fax: 727–824–5308, Attn: Kate from females to males as they grow of sinking line. Floating groundlines are Michie. older/larger (e.g., snowy grouper, • prohibited. * * * Mail: Kate Michie, NMFS Southeast speckled hind, Warsaw grouper, Regional Office, Sustainable Fisheries yellowedge grouper, gag, scamp, red * * * * * Division, 263 13th Avenue South, St. porgy, and black sea bass); they form [FR Doc. 08–1326 Filed 6–3–08; 2:14 pm] Petersburg, FL 33701. spawning aggregations (e.g., snowy BILLING CODE 3510–22–S Instructions: All comments received grouper, gag, scamp, and red snapper); are a part of the public record and will and they suffer high release mortality generally be posted to http:// when taken from deep water. Deepwater DEPARTMENT OF COMMERCE www.regulations.gov without change. snapper-grouper species (speckled hind, National Oceanic and Atmospheric All Personal Identifying Information (for snowy grouper, Warsaw grouper, Administration example, name, address, etc.) yellowedge grouper, misty grouper, voluntarily submitted by the commenter golden tilefish, and blueline tilefish) are 50 CFR Part 622 may be publicly accessible. Do not most vulnerable to overfishing because submit Confidential Business they live longer than 50 years, do not Information or otherwise sensitive or survive the trauma of capture, and are RIN 0648–AU28 protected information. protogynous (groupers) or exhibit sexual Fisheries of the Caribbean, Gulf of NMFS will accept anonymous dimorphism, i.e., males and females Mexico, and South Atlantic; Snapper- comments. Attachments to electronic grow at different rates (tilefishes). Stock assessments indicate that black Grouper Fishery off the Southern comments will be accepted in Microsoft sea bass, red porgy, and snowy grouper Atlantic States; Amendment 14 Word, Excel, WordPerfect, or Adobe PDF file formats only.Copies of are overfished, i.e., spawning stock AGENCY: National Marine Fisheries Amendment 14 may be obtained from biomass is not sufficient to reproduce Service (NMFS), National Oceanic and the South Atlantic Fishery Management and support continued productivity. In Atmospheric Administration (NOAA), Council, 4055 Faber Place, Suite 201, addition, black sea bass, golden tilefish, Commerce. North Charleston, South Carolina 29405; snowy grouper, and vermilion snapper are experiencing overfishing, i.e., the ACTION: Notice of Availability of an phone: 843–571–4366 or toll free at 1– current rate of fishing mortality amendment to a fishery management 866–SAFMC–10; fax: 843–769–4520; e- jeopardizes the capacity of the fishery to plan; request for comments. mail: [email protected]. Amendment 14 includes a Final Environmental Impact produce its maximum sustainable yield SUMMARY: The South Atlantic Fishery Statement, a Biological Assessment, an on a continuing basis. Reductions in Management Council (Council) has Initial Regulatory Flexibility Analysis, a catch and protection of habitat are submitted Amendment 14 to the Fishery Regulatory Impact Review, and Social needed. Management Plan for the Snapper- Impact Assessment/Fishery Impact Proposed Measures Grouper Fishery of the South Atlantic Statement. This amendment and its Region (FMP) for review, approval, and FOR FURTHER INFORMATION CONTACT: Kim implementation by NMFS. The implementing rule would establish eight Iverson, Public Information Officer, MPAs in which a portion of the amendment would establish eight Type South Atlantic Fishery Management population and habitat of long-lived, 2 marine protected areas (MPAs) in Council; toll free 1–866–SAFMC–10 or slow growing, deepwater snapper- which fishing for or possession of 843–571–4366; [email protected]. grouper species would be protected snapper-grouper species would be SUPPLEMENTARY INFORMATION: from directed fishing pressure. Fishing prohibited, but other types of legal The for or possession of South Atlantic fishing would be allowed. The MPAs snapper-grouper fishery off the southern snapper-grouper would be prohibited in would be located in the following areas: Atlantic states is managed under the the MPAs. However, the prohibition on one off southern North Carolina, three FMP. The FMP was prepared by the possession would not apply to a person off South Carolina, one off Georgia, and Council and is implemented under the aboard a vessel that is in transit with three off Florida, and range from 5 by authority of the Magnuson-Stevens fishing gear appropriately stowed. 10 nautical miles to 22 by 23 nautical Fishery Conservation and Management MPAs are considered to be an effective miles in area. Amendment 14 also Act (Magnuson-Stevens Act) by fishery management tool that would proposes to prohibit the use of shark regulations at 50 CFR part 622. The Magnuson-Stevens Act requires a allow deepwater snapper-grouper to bottom longlines within the MPAs, regional fishery management council to reach a more natural sex ratio, age, and however, NMFS is proposing to submit an amendment to a fishery size structure. They are also expected to implement the prohibition of shark management plan to NMFS for review, protect spawning locations, and provide bottom longlines through separate approval, disapproval, or partial a refuge for early developmental stages rulemaking. If implemented, these approval. The Magnuson-Stevens Act of fish species. measures are expected to enhance the also requires that NMFS, upon receiving The prohibition of use of shark optimum size, age and genetic structure an amendment, publish a notice in the bottom longlines in the MPAs is of slow growing long-lived deepwater Federal Register stating that the considered necessary for habitat grouper species. amendment is available for public protection and to prevent the mortality DATES: Written comments will be review and comments. of incidentally caught snapper-grouper. accepted through August 5, 2008. The Council voted to include this ADDRESSES: You may submit comments, Background measure in an effort to address identified by 0648–AU28, by any one of Many snapper-grouper species are enforcement concerns regarding the the following methods: vulnerable to overfishing because they similarity between snapper-grouper

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bottom longline gear and shark bottom deepwater species, which may co-occur, species, while limiting adverse social longline gear, which is also currently such as vermilion snapper, red porgy, and economic impact on the fishing used in the subject areas. However, and gag. community. because the Atlantic shark fishery is MPA Locations Availability of Amendment 14 managed under the Highly Migratory Species (HMS) fishery management plan Using input received from the fishing Additional background and rational (HMS FMP), NMFS has requested the industry; scientific, academic, and for the measures discussed above are HMS Division promulgate the environmental communities; and law contained in Amendment 14. prohibition of use of shark bottom enforcement personnel, the Council longlines within the proposed MPAs. selected specific sites for MPAs on the Proposed Rule With an effort to implement compatible basis of maximizing the biological A proposed rule that would regulations on a similar timeline, the benefits and enhancing enforceability implement the measures in Amendment HMS Division published a proposed and monitoring while minimizing the 14 has been received from the Council. rule on July 27, 2007 (72 FR 41392), to adverse social and economic effects. In accordance with the Manguson- prohibit shark bottom longlining in the Sizes of the MPAs would range from Stevens Act, NMFS is evaluating the MPAs through Amendment 2 to the approximately 5 by 10 nautical miles proposed rule to determine whether it is consolidated HMS FMP. Public (nm) to approximately 22 by 23 nm. One consistent with the FMP, the Magnuson- comment on Amendment 2 was would be off North Carolina, three off Stevens Act, and other applicable law. requested through October 10, 2007. In South Carolina, one off Georgia, and If that determination is affirmative, a notice published October 23, 2007 (72 three off the east coast of Florida. An NMFS will publish the proposed rule in FR 56330), NMFS extended public artificial reef may be established at one the Federal Register for public review comment on Amendment 2 through of the South Carolina sites. The two and comment. November 2, 2007. The public comment most southern MPAs would be period for Amendment 2 was extended approximately 9 and 13 nm offshore, Consideration of Public Comments an additional 30 days on November 15, respectively, and the others at least 38 2007 (72 FR 64186). The final nm offshore. Comments received by August 5, Environmental Imapct Statement (EIS) 2008, will be considered by NMFS in its was published on April 18, 2008, with MPA Types Considered decision to approve, disapprove, or the prohibition on the use of shark The following types of actions are partially approve Amendment 14. bottom longlines as the preferred available to the Council for designating Comments received after that date will alternative. If Amendment 2 is MPAs, and the complete suite of not be considered by NMFS in this approved, implementation of the shark alternatives considered are discussed in decision. To be considered, comments bottom longline prohibition would the Environmental Impact Statement for must be received by 5 p.m. on the last occur after a final rule is published by Amendment 14. day of the comment period; that does the HMS Division. Type 1 - Permanent closure/no-take not mean postmarked or otherwise The Council defines MPAs within its Type 2 - Permanent closure/some take transmitted by that date. All comments jurisdiction as a network of specific allowed received by NMFS on Amendment 14 or areas of marine environments reserved Type 3 - Limited duration closure/no- the proposed rule during their and managed for the primary purpose of take respective comment periods will be aiding in the recovery of overfished Type 4 - Limited duration closure/ addressed in the preamble of the final stocks and to insure the persistence of some take allowed rule. healthy fish stocks, fisheries, and Based on input received from the Authority: 16 U.S.C. 1801 et seq. habitats. Such areas may be over natural fishing industry; scientific, academic, or artificial bottom and may include and environmental communities; and Dated: June 2, 2008 prohibition of harvest indefinitely to law enforcement personnel, the Council Emily H. Menashes accomplish needed conservation goals. has determined that Type 2 Acting Director, Office of Sustainable The Council recognizes that there may management actions would be effective Fisheries, National Marine Fisheries Service. be a positive impact from the in meeting the conservation goal of [FR Doc. E8–12745 Filed 6–5–08; 8:45 am] designation of the proposed sites to non- protecting deepwater snapper-grouper BILLING CODE 3510–22–S

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Notices Federal Register Vol. 73, No. 110

Friday, June 6, 2008

This section of the FEDERAL REGISTER Independence Avenue, SW., (AIN) Management System; and contains documents other than rules or Washington, DC. Normal reading room applications for evaluation of animal proposed rules that are applicable to the hours are 8 a.m. to 4:30 p.m., Monday tracking databases. New activities under public. Notices of hearings and investigations, through Friday, except Federal holidays. the NAIS program include applications, committee meetings, agency decisions and To be sure someone is there to help you, agreements, and updates submitted by rulings, delegations of authority, filing of petitions and applications and agency please call (202) 690–2817 before AIN manufacturers, managers, and statements of organization and functions are coming. resellers; cooperator quarterly examples of documents appearing in this Other Information: Additional accomplishment reports; and section. information about APHIS and its applications for cooperative agreements programs is available on the Internet at to support NAIS outreach, education, http://www.aphis.usda.gov. and premises registration activities. DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: For We are asking the Office of information on the National Animal Management and Budget (OMB) to Animal and Plant Health Inspection Identification System, contact Mr. Vince approve our use of these information Service Chapman, National Animal collection activities for 3 years. [Docket No. APHIS–2008–0049] Identification System Staff, Surveillance This notice includes a description of and Identification Programs, VS, APHIS, the information collection requirements Notice of Request for Revision and 4700 River Road, Unit 200, Riverdale, currently approved by the Office of Extension of Approval of an MD 20737; (301) 734–0739. For copies Management and Budget (OMB) for the Information Collection; National of more detailed information on the NAIS program under numbers 0579– Animal Identification System information collection, contact Mrs. 0259, 0579–0283, and 0579–0288. After Celeste Sickles, APHIS* Information OMB approves and combines the AGENCY: Animal and Plant Health Collection Coordinator, at (301) 851– burden for the three collections under a Inspection Service, USDA. 2908. single collection (number 0579–0259), ACTION: Revision and extension of SUPPLEMENTARY INFORMATION: the Department will retire numbers approval of an information collection; Title: National Animal Identification 0579–0283 and 0579–0288. The new comment request. System. activities described above will also be combined under OMB collection 0579– SUMMARY: In accordance with the OMB Number: 0579–0259. Type of Request: Revision and 0259. Paperwork Reduction Act of 1995, this extension of approval of an information The purpose of this notice is to solicit notice announces the Animal and Plant collection. comments from the public (as well as Health Inspection Service’s intention to Abstract: As part of its ongoing efforts affected agencies) concerning our request a revision and extension of to safeguard U.S. animal health, the U.S. information collection. These comments approval of an information collection Department of Agriculture (USDA) will help us: associated with the National Animal initiated the implementation of the (1) Evaluate whether the collection of Identification System. National Animal Identification System information is necessary for the proper DATES: We will consider all comments (NAIS) in 2004. NAIS is a cooperative performance of the functions of the that we receive on or before August 5, State-Federal-industry partnership to agency, including whether the 2008. standardize and expand animal information will have practical utility; ADDRESSES: You may submit comments identification programs and practices to (2) Evaluate the accuracy of our by either of the following methods: all livestock species and poultry. NAIS estimate of the burden of the • Federal eRulemaking Portal: Go to is being developed through the information collection, including the http://www.regulations.gov/fdmspublic/ integration of three components— validity of the methodology and component/main?main=DocketDetail& premises registration, animal assumptions used; d=APHIS-2008-0049 to submit or view identification, and animal tracing. The (3) Enhance the quality, utility, and comments and to view supporting and goal of NAIS, for which participation at clarity of the information to be related materials available the Federal level is voluntary, is to have collected; and electronically. the information necessary to trace all (4) Minimize the burden of the • Postal Mail/Commercial Delivery: animals associated with an incident of information collection on those who are Please send two copies of your comment an animal disease within 48 hours in to respond, through use, as appropriate, to Docket No. APHIS–2008–0049, order to limit disease spread and of automated, electronic, mechanical, Regulatory Analysis and Development, thereby reduce the impact of diseases on and other collection technologies, e.g., PPD, APHIS, Station 3A–03.8, 4700 America’s agricultural producers. permitting electronic submission of River Road, Unit 118, Riverdale, MD The NAIS program involves a number responses. 20737–1238. Please state that your of approved collection and Estimate of burden: The public comment refers to Docket No. APHIS– recordkeeping activities, including reporting burden for this collection of 2008–0049. animal identification; premises information is estimated to average Reading Room: You may read any registration; group/lot movement 0.7644215 hours per response. comments that we receive on this records; cooperative agreements; Respondents: State and Tribal animal docket in our reading room. The reading accomplishment reports; applications, health authorities; owners/operators of room is located in room 1141 of the registrations, and agreements associated feedlots, markets, and slaughter plants; USDA South Building, 14th Street and with the Animal Identification Number producers; and nonproducer

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participants such as accredited from the quarantined area after having have been grown in the field in the last veterinarians, AIN device managers/ been surveyed and found to be free of 10 years and the field shares a border resellers (individuals or firms potato cyst nematode. with an infested field; the field came responsible for distributing AIN devices FOR FURTHER INFORMATION CONTACT: Dr. into contact with a regulated article to producers), AIN device Osama El-Lissy, Director, Invasive listed in § 301.86–2 from an infested manufacturers (companies that Species and Pest Management, PPQ, field within the last 10 years; or, within manufacture animal identification APHIS, 4700 River Road Unit 134, the last 10 years, the field shared devices approved for use in the NAIS), Riverdale, MD 20737–1236; (301) 734– ownership, tenancy, seed, drainage or third-party service providers 8676. runoff, farm machinery, or other elements of shared cultural practices (companies that provide herd SUPPLEMENTARY INFORMATION: management, dairy herd improvement, with an infested field that could allow genetic evaluation, and other services to Background spread of the PCN, as determined by the producers), and diagnostic laboratories The potato cyst nematode (PCN) Administrator. and livestock buyers/dealers who (Globodera pallida) is a major pest of Paragraph (b) describes the conditions for the designation of an area less than submit data to the national database. potato crops in cool-temperature areas. an entire State as a quarantined area. Estimated annual number of Other solanaceous hosts include Less than an entire State will be respondents: 500,472. tomatoes, eggplants, peppers, tomatillos, designated as a quarantined area only if Estimated annual number of and some weeds. The PCN is thought to the Administrator determines that: responses per respondent: 7.4036789. have originated in Peru and is now Estimated annual number of • The State has adopted and is widely distributed in many potato- responses: 3,705,334. enforcing restrictions on the intrastate Estimated total annual burden on growing regions of the world. PCN movement of the regulated articles that respondents: 2,832,437 hours. (Due to infestations may be expressed as are equivalent to those imposed by the averaging, the total annual burden hours patches of poor growth. Affected potato regulations on the interstate movement may not equal the product of the annual plants may exhibit yellowing, wilting, of regulated articles; and number of responses multiplied by the or death of foliage. Even with only • The designation of less than the reporting burden per response.) minor symptoms on the foliage, potato entire State as a quarantined area will All responses to this notice will be tuber size can be affected. Unmanaged prevent the interstate spread of PCN. summarized and included in the request infestations can cause potato yield loss We have determined that it is not for OMB approval. All comments will ranging from 20 to 70 percent. The necessary to designate the entire State of also become a matter of public record. spread of this pest in the United States Idaho as a quarantined area. Idaho has could result in a loss of domestic or adopted and is enforcing restrictions on Done in Washington, DC, this 2nd day of foreign markets for U.S. potatoes and June 2008. the intrastate movement of regulated other commodities. articles from that area that are Kevin Shea, In an interim rule published in the equivalent to those we are imposing on Acting Administrator, Animal and Plant Federal Register on September 12, 2007, Health Inspection Service. the interstate movement of regulated and effective on November 1, 2007 (72 articles. [FR Doc. E8–12731 Filed 6–5–08; 8:45 am] FR 51975–51988, Docket No. APHIS– Paragraph (a) of § 301.86–3 further BILLING CODE 3410–34–P 2006–0143), we established the PCN provides that the Administrator will quarantine regulations (§§ 301.86 publish the description of the through 301.86–9, referred to below as quarantined area on the Plant Protection DEPARTMENT OF AGRICULTURE the regulations). These regulations set and Quarantine (PPQ) Web site, http:// _ Animal and Plant Health Inspection out procedures for determining the areas www.aphis.usda.gov/plant health/ _ _ Service quarantined for PCN and impose plant pest info/potato/pcn.shtml. The restrictions on the interstate movement description of the quarantined area will [Docket No. APHIS–2008–0014] of regulated articles from quarantined include the date the description was last areas. updated and a description of the Potato Cyst Nematode; Update of Section 301.86–3 of the regulations changes that have been made to the Quarantined Areas sets out the procedures for determining quarantined area. The description of the AGENCY: Animal and Plant Health the areas quarantined for PCN. quarantined area may also be obtained Inspection Service, USDA. Paragraph (a) of § 301.86–3 states that, by request from any local office of PPQ; ACTION: Notice of changes to in accordance with the criteria listed in local offices are listed in telephone quarantined area. § 301.86–3(c), the Administrator will directories. Finally, paragraph (a) designate as a quarantined area each establishes that, after a change is made SUMMARY: We are advising the public field that has been found to be infested to the quarantined area, we will publish that we have made changes to the area with PCN, each field that has been a notice in the Federal Register in the State of Idaho that is quarantined found to be associated with an infested informing the public that the change has to prevent the spread of potato cyst field, and any area that the occurred and describing the change to nematode. The description of the Administrator considers necessary to the quarantined area. quarantined area was updated on quarantine because of its inseparability We are publishing this notice to November 1, 2007, when the potato cyst for quarantine enforcement purposes inform the public of changes to the PCN nematode regulations became effective; from infested or associated fields. quarantined area in accordance with on November 28, 2007, when one Paragraph (c) provides that the § 301.86–3(a). additional field was found to be Administrator will designate a field as The PCN quarantined area was first infested; on January 9, 2008, when some an infested field when PCN is found in updated when the regulations became fields that had been quarantined were the field. Paragraph (c) also provides effective on November 1, 2007. That found not to have an association with an that the Administrator will designate a update to the quarantined area infested field; and on March 21, 2008, field as an associated field when PCN expanded the list of associated fields when 24 associated fields were removed host crops, as listed in § 301.86–2(b), based on new information regarding

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shared cultural practices. This added currently approved collection. The Number of Responses per associated fields in Jefferson County, ID, purpose of this information collection Respondent: One (1). as well as fields in Bonneville and request is the continued use of the Estimated Time per Response: Bingham Counties, ID. electronic form FNS 674 entitled ‘‘FNS 0.1666667 minutes. On November 28, 2007, surveys User Access Request’’. Estimated Total Annual Burden on confirmed the detection of PCN in one DATES: Written comments must be Respondents: 75.50145 hours. new field. It was not necessary to add received on or before August 5, 2008. Dated: May 30, 2008. that field to the quarantined area, as it ADDRESSES: Comments are invited on: Roberto Salazar, had already been listed as an associated (a) Whether the proposed collection of Administrator, Food and Nutrition Service. field. However, the finding of an information is necessary for the proper infestation in that field led to new fields [FR Doc. E8–12707 Filed 6–5–08; 8:45 am] performance of the functions of the BILLING CODE 3410–30–P being designated as associated fields. agency, including whether the These fields were in Bonneville and information shall have practical utility; Bingham Counties. (b) the accuracy of the agency’s estimate On January 9, 2008, the quarantined COMMITTEE FOR PURCHASE FROM of the burden of the proposed collection area was further updated to remove four PEOPLE WHO ARE BLIND OR of information, including the validity of fields from the quarantined area. SEVERELY DISABLED the methodology and assumptions used; Although these fields had appeared to (c) ways to enhance the quality, utility, be associated fields, further Procurement List; Additions and and clarity of the information to be investigation demonstrated that these Deletions collected; and (d) ways to minimize the fields were not associated with an burden of the collection of information AGENCY: Committee for Purchase From infested field. The fields removed from on those who are to respond, including People Who Are Blind or Severely quarantine were in Bonneville County. use of appropriate automated, Disabled. On March 21, 2008, the quarantined electronic, mechanical, or other ACTION: Additions to and Deletions from area was updated to remove 24 fields technological collection techniques or the Procurement List. from the quarantined area. These fields other forms of information technology. had been associated fields, and were Comments may be sent to Shawn SUMMARY: This action adds to the found to be free of PCN according to a Jones, Information Systems Security Procurement List products and services survey protocol approved by the Program Manager (ISSPM), Food and to be furnished by nonprofit agencies Administrator as sufficient to support Nutrition Service, U.S. Department of employing persons who are blind or removal from quarantine, under Agriculture, 3101 Park Center Drive, have other severe disabilities, and paragraph (d)(2) of § 301.86–3. The Room 317, Alexandria, Virginia 22302. deletes from the Procurement List fields removed from quarantine were in Comments may also be submitted via products and services previously Bonneville and Bingham Counties. fax to the attention of Shawn Jones at furnished by such agencies. The current map of the quarantined EFFECTIVE DATE: July 6, 2008. area can be viewed on the PPQ Web site 703–305–2924 or via e-mail to ADDRESS: Committee for Purchase From at http://www.aphis.usda.gov/ [email protected]. All written comments will be open for People Who Are Blind or Severely plant_health/plant_pest_info/potato/ public inspection at the office of the Disabled, Jefferson Plaza 2, Suite 10800, pcn.shtml. Food and Nutrition Service during 1421 Jefferson Davis Highway, Authority: 7 U.S.C. 7701–7772 and 7781– regular business hours (8:30 a.m. to 5 Arlington, Virginia, 22202–3259. 7786; 7 CFR 2.22, 2.80, and 371.3. p.m., Monday through Friday) at 3101 FOR FURTHER INFORMATION CONTACT: Done in Washington, DC, this 29th day of Park Center Drive, Room 317, Kimberly M. Zeich, Telephone: (703) May 2008. Alexandria, Virginia 22302. 603–7740, Fax: (703) 603–0655, or e- Cindy Smith, All responses to this notice will be mail [email protected]. Administrator, Animal and Plant Health summarized and included in the request SUPPLEMENTARY INFORMATION: Inspection Service. for OMB approval. All comments will [FR Doc. E8–12625 Filed 6–5–08; 8:45 am] be a matter of public record. Additions BILLING CODE 3410–34–P FOR FURTHER INFORMATION CONTACT: On April 4 and April 11, 2008, the Requests for additional information or Committee for Purchase From People copies of this information collection Who Are Blind or Severely Disabled DEPARTMENT OF AGRICULTURE should be directed to Shawn Jones, 703– published notice (73 FR 18495; 19808) 305–2528. of proposed additions to the Food and Nutrition Service SUPPLEMENTARY INFORMATION: Procurement List. After consideration of the material Agency Information Collection Title: FNS User Access Request. presented to it concerning capability of Activities: Proposed Collection; OMB Number: 0584–0532. qualified nonprofit agencies to provide Comment Request—FNS User Access Form Number: FNS 674. the products and services and impact of Request Expiration Date: November 30, 2008. Type of Request: Revision of a the additions on the current or most AGENCY: Food and Nutrition Service, currently approved collection. recent contractors, the Committee has USDA. Abstract: The FNS 674 is designed to determined that the products and ACTION: Notice. collect user information required to gain services listed below are suitable for access to FNS Information Systems. procurement by the Federal Government SUMMARY: In accordance with the Respondents: FNS Employees, under 41 U.S.C. 46–48c and 41 CFR 51– Paperwork Reduction Act of 1995, this Contractors, FNS Regions, State 2.4. notice invites the general public and Agencies, Field Offices, Partners and other public agencies to comment on Compliance Offices. Regulatory Flexibility Act Certification proposed information collections. The Estimated Number of Respondents: I certify that the following action will proposed collection is a revision of a Two hundred twenty-five (225). not have a significant impact on a

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substantial number of small entities. Road, Buildings 2306 and 2312, Kansas NSN: 6685–01–492–0910. The major factors considered for this City, MO. NPA: The Chicago Lighthouse for People certification were: NPA: Independence and Blue Springs who are Blind or Visually Impaired, 1. The action will not result in any Industries, Inc., Independence, MO. Chicago, IL. Contracting Activity: General Services Contracting Activity: General Services additional reporting, recordkeeping or Administration, Public Buildings Administration, Office Supplies & Paper other compliance requirements for small Service, Region 6, Kansas City, MO. Products Acquisition Ctr., New York, entities other than the small Service Type/Location: Custodial Services. NY. organizations that will furnish the Peachtree Summit Federal Building, 401 Cover, Toxicological Agents Protective: products and services to the W. Peachtree Street, Atlanta, GA. NSN: 8415–00–261–6443. Government. NPA: WORKTEC, Jonesboro, GA. NPA: Tommy Nobis Enterprises, Inc., 2. The action will result in Contracting Activity: General Services Marietta, GA. authorizing small entities to furnish the Administration, Public Buildings Contracting Activity: Defense Supply Center Service, Region 4, Atlanta, GA. Philadelphia, Philadelphia, PA. products and services to the Service Type/Location: Food Service Government. Attendant. Air National Guard— Services 3. There are no known regulatory Jacksonville, 14300 Fang Drive, Service Type/Location: Janitorial/Custodial. alternatives which would accomplish Jacksonville, FL. Federal Office Building, Ontario Street the objectives of the Javits-Wagner- NPA: Goodwill Industries of North Florida, and Division, Sandpoint, ID. O’Day Act (41 U.S.C. 46–48c) in Jacksonville, FL. NPA: Panhandle Special Needs, Inc., Sand connection with the products and Contracting Activity: Air National Guard- Point, ID. services added to the Procurement List. Jacksonville, 125th Fighter Wing, Contracting Activity: General Services Jacksonville, FL. Administration, Public Buildings End of Certification Service, Region 10. Deletions Service Type/Location: Janitorial/Custodial. Accordingly, the following products On February 8 and April 11, 2008, the Schultz Maintenance Complex, Wilson and services are added to the Committee for Purchase From People Creek Road, Ellensburg, WA. Procurement List: Who Are Blind or Severely Disabled NPA: Elmview, Ellensburg, WA. Contracting Activity: Department of Energy, Products published notice (73 FR 7521; 19808) of Washington, DC. proposed deletions to the Procurement Pen, Multi-function: Kimberly M. Zeich, NSN: 7510–00–NIB–0797—B3 Aviator Pen, List. Refill; After consideration of the relevant Director, Program Operations. NSN: 7520–00–NIB–1754—B3 Aviator Pen. matter presented, the Committee has [FR Doc. E8–12741 Filed 6–5–08; 8:45 am] NPA: Alphapointe Association for the Blind, determined that the products and BILLING CODE 6353–01–P Kansas City, MO. services listed below are no longer Coverage: A–List for the total Government suitable for procurement by the Federal requirements as specified by the General Government under 41 U.S.C. 46–48c COMMITTEE FOR PURCHASE FROM Services Administration. and 41 CFR 51–2.4. PEOPLE WHO ARE BLIND OR Contracting Activity: General Services SEVERELY DISABLED Administration, Office Supplies & Paper Regulatory Flexibility Act Certification Products Acquisition Ctr., New York, I certify that the following action will Correction of Notice to Clarification of NY. not have a significant impact on a Scope of Procurement List Additions; Spices, UGR–A: NSN: 8950–01–E10–1788—Spice Blend, substantial number of small entities. 2007 Commodities Procurement List The major factors considered for this Barbecue Style; In the notice appearing on page NSN: 8950–01–E10–1789—Spice Blend, certification were: 1. The action should not result in 31056, FR Doc E8–12103, Quarterly Cinnamon Maple Sprinkles; Update of the A-List, B-List and C-List, NSN: 8950–01–E10–1790—Spice Blend, additional reporting, recordkeeping or Italian Style; other compliance requirements for small the Committee published the old URL NSN: 8950–01–E10–1791—Spice, Onion, entities. for accessing the A-List. Minced, Dehydrated; 2. The action may result in The correct A-List is located at http: NSN: 8950–01–E10–1792—Spice, Paprika, //www.jwod.gov/jwod/p_and_s/A- authorizing small entities to furnish the _ Ground; products and services to the List 08.html. NSN: 8950–01–E10–1793—Spice Blend, Government. Poultry Seasoning; Kimberly M. Zeich, NSN: 8950–01–E10–1794—Spice Blend, 3. There are no known regulatory Director, Program Operations. Steak Seasoning; alternatives which would accomplish [FR Doc. E8–12742 Filed 6–5–08; 8:45 am] the objectives of the Javits-Wagner- NSN: 8950–01–E10–1795—Spice Blend, BILLING CODE 6353–01–P Vegetable Seasoning, w/o Salt; O’Day Act (41 U.S.C. 46–48c) in NSN: 8950–01–E10–1796—Spice, Pepper, connection with the products and Black, Ground; services deleted from the Procurement COMMITTEE FOR PURCHASE FROM NSN: 8950–01–E10–1797—Salt, Table, List. PEOPLE WHO ARE BLIND OR Iodized. NPA: Continuing Developmental Services, End of Certification SEVERELY DISABLED Inc., Fairport, NY. Accordingly, the following products Procurement List; Proposed Additions Coverage: C–List for the requirement of the and services are deleted from the Defense Supply Center Philadelphia, Procurement List: AGENCY: Committee for Purchase From Philadelphia, PA. People Who Are Blind or Severely Contracting Activity: Defense Supply Center Products Philadelphia, Philadelphia, PA. Disabled. Clocks, Atomic Standard, Thermometer: ACTION: Proposed Additions to the Services NSN: 6645–01–491–9837; Procurement List. Service Type/Location: Custodial Services. NSN: 6645–01–491–9840; General Services Administration, Public NSN: 6645–01–491–9841; SUMMARY: The Committee is proposing Buildings Service, 1500 East Bannister NSN: 6645–01–491–9844; to add to the Procurement List products

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and services to be furnished by Products Double Ply Reinforced, Bright Green, 1/3 cut, 100/BX; nonprofit agencies employing persons Mop, Dust and Floor: who are blind or have other severe NSN: 7530–00–NIB–0875—Letter-size, NSN: 7920–00–616–2493—Dust Mop; Double Ply Reinforced, Red, 1/3 cut, disabilities. NSN: 7920–00–782–3784—Floor Mop. 100/BX; Comments Must Be Received on or NPA: New York City Industries for the Blind, NSN: 7530–00–NIB–0876—Letter-size, Before: July 6, 2008. Inc., Brooklyn, NY. Double Ply Reinforced, Purple, 1/3 cut, Coverage: B–List for the broad Government 100/BX; ADDRESSES: Committee for Purchase requirement as specified by the General NSN: 7530–00–NIB–0877—Letter-size, From People Who Are Blind or Severely Services Administration. Double Ply Reinforced, Yellow, 1/3 cut, Disabled, Jefferson Plaza 2, Suite 10800, Contracting Activity: General Services 100/BX. 1421 Jefferson Davis Highway, Administration, Southwest Supply NPA: L.C. Industries For The Blind, Inc., Arlington, Virginia, 22202–3259. Center, Fort Worth, TX. Durham, NC. Coverage: A–list for the total Government For Further Information or to Submit Filter, Notebook, Privacy: requirements as specified by the General Comments Contact: Kimberly M. Zeich, NSN: 7520–00–NIB–1943—Filter, Notebook, Services Administration. Telephone: (703) 603–7740, Fax: (703) Privacy, 14.1″, Contracting Activity: General Services 603–0655, or e-mail NSN: 7520–00–NIB–1944—Filter, Notebook, Administration, Federal Supply [email protected]. Privacy, 14.1W, Services, Region 2, New York, NY. NSN: 7520–00–NIB–1945—Filter, Notebook, SUPPLEMENTARY INFORMATION: This Privacy, 15.0″, Services notice is published pursuant to 41 U.S.C NSN: 7520–00–NIB–1946—Filter, Notebook, Service Type/Location: Document 47(a)(2) and 41 CFR 51–2.3. Its purpose Privacy, 15.4″, Destruction. Department of Health and is to provide interested persons an NSN: 7520–00–NIB–1947—Filter, Notebook, Human Services, Office of Medicare opportunity to submit comments on the Privacy, 17.0″, Hearings and Appeals, 200 Public proposed actions. NSN: 7520–00–NIB–1948—Filter, Notebook, Square, Cleveland, OH. Privacy, 17.0W, NPA: Weaver Industries, Inc., Akron, OH. If the Committee approves the NSN: 7520–00–NIB–1950—Filter, Notebook, Contracting Activity: Department of Health proposed additions, the entities of the Privacy, 19.0″, and Human Services, Rockville, MD. Federal Government identified in the NSN: 7520–00–NIB–2006—Filter, Notebook, Service Type/Location: Hospital notice for each product or service will Privacy, 19.0″W. Housekeeping Services. Baltimore VA be required to procure the products and Coverage: A–List for the total Government Medical Center, 10 North Green Street, requirements as specified by the General Baltimore, MD. services listed below from nonprofit NPA: Lakeview Center, Inc., Pensacola, FL. agencies employing persons who are Services Administration. NSN: 7520–00–NIB–1941—Filter, Notebook, Contracting Activity: Veterans Affairs blind or have other severe disabilities. Privacy 12.1″; Maryland Health Care System, Regulatory Flexibility Act Certification NSN: 7520–00–NIB–1942—Filter, Notebook, Baltimore, MD. Privacy, 12.1W; Service Type/Location: Mailroom Operations. I certify that the following action will NSN: 7520–00–NIB–2005—Filter, Notebook Internal Revenue Service, 50 South 200 not have a significant impact on a Privacy, 13.37″ W; East, Salt Lake City, UT. NPA: ServiceSource, Alexandria, VA (Prime substantial number of small entities. NSN: 7520–00–NIB–2007—Filter, Notebook, ″ Contractor). The major factors considered for this Privacy, 20.1 ; NSN: 7520–00–NIB–2008—Filter, Notebook, NPA: Utah Industries for the Blind, Salt Lake certification were: Privacy, 20.1″ W; City, UT (Sub-Contractor). 1. If approved, the action will not NSN: 7520–00–NIB–2009—Filter, Notebook, Contracting Activity: U.S. Department of the result in any additional reporting, Privacy, 22″ W; Treasury, Internal Revenue Service recordkeeping or other compliance NSN: 7520–00–NIB–2010—Filter, Notebook, Headquarters, Oxon Hill, MD. Service Type/Location: Mailroom Operations. requirements for small entities other Privacy, 24″ W. Coverage: B–List for the broad Government Internal Revenue Service, 801 Civic than the small organizations that will Center Drive West, Santa Ana, CA. furnish the products and services to the requirements as specified by the General Services Administration. NPA: ServiceSource, Alexandria, VA (Prime Government. NPA: Wiscraft Inc.—Wisconsin Enterprises Contractor). 2. If approved, the action will result for the Blind, Milwaukee, WI. NPA: Pacific Coast Community Services, in authorizing small entities to furnish Contracting Activity: General Services Richmond, CA (Sub-Contractor). Contracting Activity: U.S. Department of the the products and services to the Administration, Federal Supply Services, Region 2, New York, NY. Treasury, Internal Revenue Service Government. Headquarters, Oxon Hill, MD. 3. There are no known regulatory File Folders, Colored, Recycled: Kimberly M. Zeich, alternatives which would accomplish NSN: 7530–00–NIB–0866—Letter-size, Director, Program Operations. the objectives of the Javits-Wagner- Assorted Colors, 1/3 cut, 100/BX; O’Day Act (41 U.S.C. 46–48c) in NSN: 7530–00–NIB–0867—Letter-size, Blue, [FR Doc. E8–12740 Filed 6–5–08; 8:45 am] connection with the products and 1/3 Cut, 100/BX; BILLING CODE 6353–01–P services proposed for addition to the NSN: 7530–00–NIB–0868—Letter-size, Bright Procurement List. Green, 1/3 cut, 100/BX; NSN: 7530–00–NIB–0869—Letter-size, Red, DEPARTMENT OF COMMERCE Comments on this certification are 1/3 cut, 100/BX; invited. Commenters should identify the NSN: 7530–00–NIB–0870—Letter-size, Submission for OMB Review; statement(s) underlying the certification Purple, 1/3 cut, 100/BX; Comment Request on which they are providing additional NSN: 7530–00–NIB–0871—Letter-size, information. Yellow, 1/3 cut, 100/BX; The Department of Commerce will NSN: 7530–00–NIB–0872—Letter-size, End of Certification submit to the Office of Management and Double Ply Reinforced, Assorted Colors, Budget (OMB) for clearance the 1/3 cut, 100/BX; The following products and services NSN: 7530–00–NIB–0873—Letter-size, following proposal for collection of are proposed for addition to Double Ply Reinforced, Blue, 1/3 cut, information under the provisions of the Procurement List for production by the 100/BX; Paperwork Reduction Act (44 U.S.C. nonprofit agencies listed: NSN: 7530–00–NIB–0874—Letter-size, Chapter 35).

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Agency: National Oceanic and DEPARTMENT OF COMMERCE notice to David Rostker, OMB Desk Atmospheric Administration (NOAA). Officer, FAX number (202) 395–7285, or Title: National Marine Sanctuary Submission for OMB Review; [email protected]. Comment Request Permits. Dated: June 3, 2008. Form Number(s): None. The Department of Commerce will Gwellnar Banks, OMB Approval Number: 0648–0141. submit to the Office of Management and Management Analyst, Office of the Chief Type of Request: Regular submission. Budget (OMB) for clearance the Information Officer. following proposal for collection of [FR Doc. E8–12702 Filed 6–5–08; 8:45 am] Burden Hours: 1,436. information under the provisions of the BILLING CODE 3510–22–P Number of Respondents: 424. Paperwork Reduction Act (44 U.S.C. Average Hours Per Response: Baitfish Chapter 35). permits, permit amendments, and Agency: National Oceanic and DEPARTMENT OF COMMERCE certification, 30 minutes; general Atmospheric Administration (NOAA). [Docket No.: 080527711–8713–01] permits, 1 hour and 30 minutes; special Title: Data Collection on Marine use permits, 8 hours; historical resource Protected and Managed Areas. Privacy Act of 1974; System of permits, 13 hours; voluntary Form Number(s): None. Records registration, 15 minutes; Tortugas OMB Approval Number: 0648–0449. access, 5 minutes; and appeals, 24 Type of Request: Regular submission. AGENCY: Department of Commerce. hours. Burden Hours: 293. ACTION: Notice of a new Privacy Act Needs and Uses: National Marine Number of Respondents: 250. System of Records: COMMERCE/ Sanctuary regulations list specific Average Hours Per Response: NOAA–20, Search and Rescue Satellite activities that are prohibited in the Inventory form for: new sites, 1 hour, 30 Aided Tracking (SARSAT) 406 MHz sanctuaries. These otherwise prohibited minutes; and updates, 30 minutes. Emergency Beacon Registration activities are permissible if a permit is Needs and Uses: Executive Order Database. issued by the Office of National Marine 13158 directs the Department of Sanctuaries (ONMS). Any person Commerce and the Department of the SUMMARY: The Search and Rescue desiring permits must submit Interior to work with partners to Satellite Aided Tracking (SARSAT) is applications, and persons obtaining inventory the protection of U.S. oceans responsible for keeping and maintaining permits must submit reports on the and coastal resources by developing a a registration database for 406 MHz activity conducted under the permit. national system of marine protected emergency beacons as directed by the The information is needed by the ONMS areas. The Departments of Commerce Federal Communications Commission to protect and manage the sanctuaries. and the Interior plan to work closely (FCC). This database contains This renewal also includes the merger of with state, territorial, local, and tribal personally identifiable information that OMB Control No. 0648–0418, Tortugas governments, as well as other is required to be protected by the Access Permits, into this information stakeholders, to identify and inventory Privacy Act. The purpose for this system collection. the nation’s existing marine protected of records is to provide search and rescue (SAR) authorities with Affected Public: Not-for-profit and managed areas. Toward this end, information about the user of the beacon institutions; business or other for-profit the National Oceanic and Atmospheric such as the name, phone number, and organizations. Administration (NOAA) and the Department of the Interior (DOI) have emergency contact information. This Frequency: Annually and on occasion. created a data form to be used as a information allows SAR authorities to Respondent’s Obligation: Required to survey tool to collect and analyze shorten response times, and provides a obtain or retain benefits. information on these existing sites. This way to cancel false alerts quickly and OMB Desk Officer: David Rostker, survey will allow NOAA and DOI to safely, thereby increasing safety for SAR (202) 395–3897. better understand and evaluate the authorities and decreasing costs to the Copies of the above information existing protections for marine government and the SAR system. collection proposal can be obtained by resources within marine protected and DATES: The system of records becomes calling or writing Diana Hynek, managed areas in the United States. effective on June 6, 2008. Departmental Paperwork Clearance Affected Public: State, Local or Tribal ADDRESSES: For a copy of the system of Officer, (202) 482–0266, Department of Government. records please mail requests to LT Commerce, Room 6625, 14th and Frequency: On occasion and one-time Jeffrey Shoup, SARSAT Operations Constitution Avenue, NW., Washington, only. Support Officer, 4231 Suitland Road, DC 20230 (or via the Internet at Respondent’s Obligation: Voluntary. Suitland, MD 20746–4304. OMB Desk Officer: David Rostker, [email protected]). FOR FURTHER INFORMATION CONTACT: LT Written comments and (202) 395–3897. Copies of the above information Jeffrey Shoup, SARSAT Operations recommendations for the proposed Support Officer, 4231 Suitland Road, information collection should be sent collection proposal can be obtained by calling or writing Diana Hynek, Suitland, MD 20746–4304, 301–817– within 30 days of publication of this 3806. notice to David Rostker, OMB Desk Departmental Paperwork Clearance Officer, FAX number (202) 395–7285, or Officer, (202) 482–0266, Department of SUPPLEMENTARY INFORMATION: On April [email protected]. Commerce, Room 6625, 14th and 17, 2008, SARSAT published and Constitution Avenue, NW., Washington, requested comments on a proposed Dated: June 3, 2008. DC 20230 (or via the Internet at Privacy Act System of Records notice Gwellnar Banks, [email protected]). entitled Commerce/NOAA–20, Search Management Analyst, Office of the Chief Written comments and and Rescue Satellite Aided Tracking Information Officer. recommendations for the proposed (SARSAT) 406 MHz Emergency Beacon [FR Doc. E8–12701 Filed 6–5–08; 8:45 am] information collection should be sent Registration Database. No comments BILLING CODE 3510–22–P within 30 days of publication of this were received in response to the request

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for comments. By this notice, the the Department to extend the time limit DC 20230; telephone: (202) 482- 1280 or Department is adopting the proposed for the preliminary determination to a (202) 482–4136, respectively. system as final without changes maximum of 365 days after the last day SUPPLEMENTARY INFORMATION: effective June 6, 2008. of the anniversary month. Background Dated: June 2, 2008. We determine that it is not practicable Brenda Dolan, to complete the preliminary results of On March 31, 2008, the Department of the review within the current time limit U.S. Department of Commerce, Freedom of Commerce (the Department) published Information/Privacy Act Officer. because we require additional time to the preliminary results of this analyze several complex sales–reporting [FR Doc. E8–12677 Filed 6–5–08; 8:45 am] administrative review. See Stainless issues. Therefore, we are extending the Steel Bar from France: Preliminary BILLING CODE 3510–03–P time period for issuing the preliminary Results of Antidumping Duty results of the review by 60 days until Administrative Review, 73 FR 16839 DEPARTMENT OF COMMERCE July 31, 2008. The deadline for the final (March 31, 2008) (Preliminary Results). results of the review continues to be 120 We invited interested parties to International Trade Administration days after the publication of the comment on the preliminary results of preliminary results. review. No interested party submitted (A–570–848) This extension notice is issued and comments. We have conducted this Freshwater Crawfish Tail Meat from the published in accordance with sections administrative review in accordance People’s Republic of China: Notice of 751(a)(3)(A) and 777(i) of the Act and 19 with section 751(a) of the Tariff Act of Extension of Time Limit for the CFR 351.213(h)(2). 1930, as amended (the Act). Preliminary Results of the Dated: May 30, 2008. Scope of the Order Antidumping Duty Administrative Stephen J. Claeys, Review Deputy Assistant Secretary for Import For purposes of this order, the term Administration. ‘‘stainless steel bar’’ (SSB) includes AGENCY: Import Administration, [FR Doc. E8–12733 Filed 6–5–08; 8:45 am] articles of stainless steel in straight International Trade Administration, lengths that have been either hot–rolled, BILLING CODE 3510–DS–S Department of Commerce. forged, turned, cold–drawn, cold–rolled EFFECTIVE DATE: June 6, 2008. or otherwise cold–finished, or ground, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE having a uniform solid cross section Dmitry Vladimirov or Minoo Hatten, along their whole length in the shape of AD/CVD Operations, Office 5, Import International Trade Administration circles, segments of circles, ovals, Administration, International Trade rectangles (including squares), triangles, Administration, U.S. Department of A–427–820 hexagons, octagons, or other convex Commerce, 14th Street and Constitution polygons. SSB includes cold–finished Avenue, NW, Washington, DC 20230; Stainless Steel Bar From France: Final stainless steel bars that are turned or telephone: (202) 482–0665 or (202) 482– Results of Antidumping Duty ground in straight lengths, whether 1690, respectively. Administrative Review produced from hot–rolled bar or from straightened and cut rod or wire, and SUPPLEMENTARY INFORMATION: AGENCY: Import Administration, reinforcing bars that have indentations, International Trade Administration, Background ribs, grooves, or other deformations Department of Commerce. produced during the rolling process. On October 31, 2007, the Department SUMMARY: On March 31, 2008, the published a notice of initiation of Department of Commerce published the Except as specified above, the term administrative review of the preliminary results of the administrative does not include stainless steel semi– antidumping duty order on freshwater review of the antidumping duty order finished products, cut length flat–rolled crawfish tail meat from the People’s on stainless steel bar from France products (i.e., cut length rolled products Republic of China (PRC). See Initiation covering the period March 1, 2006, which if less than 4.75 mm in thickness of Antidumping and Countervailing through February 28, 2007. This have a width measuring at least 10 times Duty Administrative Reviews, 72 FR administrative review covers one the thickness, or if 4.75 mm or more in 61621 (October 31, 2007). The period of manufacturer/exporter, Ascometal S.A. thickness having a width which exceeds review is September 1, 2006, through (Ascometal). 150 mm and measures at least twice the August 31, 2007. The preliminary No interested party commented on the thickness), products that have been cut results of the administrative review are preliminary results. We have made no from stainless steel sheet, strip or plate, currently due no later than June 1, 2008. changes to the margin calculation. wire (i.e., cold–formed products in Therefore, the final results do not differ coils, of any uniform solid cross section Extension of Time Limit for Preliminary along their whole length, which do not Results from the preliminary results. The final weighted–average dumping margin for conform to the definition of flat–rolled Section 751(a)(3)(A) of the Tariff Act the reviewed firm is listed below in the products), and angles, shapes and of 1930, as amended (the Act), requires section entitled ‘‘Final Results of sections. the Department to make a preliminary Review.’’ The SSB subject to this order is determination within 245 days after the currently classifiable under subheadings last day of the anniversary month of an EFFECTIVE DATE: June 6, 2008. 7222.11.00.05, 7222.11.00.50, order for which a review is requested FOR FURTHER INFORMATION CONTACT: 7222.19.00.05, 7222.19.00.50, and a final determination within 120 Terre Keaton Stefanova or David J. 7222.20.00.05, 7222.20.00.45, days after the date on which the Goldberger, AD/CVD Operations, Office 7222.20.00.75, and 7222.30.00.00 of the preliminary determination is published. 2, Import Administration, International Harmonized Tariff Schedule of the If it is not practicable to complete the Trade Administration, U.S. Department United States (HTSUS). Although the review within these time periods, of Commerce, 14th Street and HTSUS subheadings are provided for section 751(a)(3)(A) of the Act allows Constitution Avenue, NW, Washington, convenience and customs purposes, the

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written description of the scope of this Duty Order on Stainless Steel Bar From Background order is dispositive. Italy, 73 FR 7258 (February 7, 2008). On April 23, 2008, the Department of Final Results of Review Notification to Importers Commerce (the Department) initiated We determine that the following This notice also serves as a final the countervailing duty investigation of weighted–average margin percentage reminder to importers of their circular welded carbon quality steel line exists: responsibility under 19 CFR pipe from the People’s Republic of 351.402(f)(2) to file a certificate China. See Circular Welded Carbon Manufacturer/exporter Margin (percent) regarding the reimbursement of Quality Steel Line Pipe from the People’s Republic of China: Notice of Ascometal S.A...... 0.00 antidumping duties prior to liquidation of the relevant entries during this Initiation of Countervailing Duty review period. Failure to comply with Investigation, 73 FR 23184 (April 29, Assessment this requirement could result in the 2008). Currently, the preliminary The Department shall determine, and Secretary’s presumption that determination is due no later than June U.S. Customs and Border Protection reimbursement of antidumping duties 27, 2008. (CBP) shall assess, antidumping duties occurred and the subsequent assessment on all appropriate entries, in accordance of doubled antidumping duties. Postponement of Due Date for with 19 CFR 351.212(b). With respect to Preliminary Determination Ascometal, we calculated importer– Notification to Interested Parties specific ad valorem duty assessment Section 703(b)(1) of the Tariff Act of This notice serves as the only 1930, as amended (the Act), requires the rates for the subject merchandise by reminder to parties subject to Department to issue the preliminary aggregating the dumping margins administrative protective order (APO) of determination in a countervailing duty calculated for all the U.S. sales their responsibility concerning the investigation within 65 days after the examined and dividing this amount by disposition of proprietary information date on which the Department initiated the total entered value of the sales disclosed under APO in accordance the investigation. However, if the examined. Pursuant to 19 CFR with 19 CFR 351.305(a)(3). Timely Department concludes that the parties 351.106(c)(2), we will instruct CBP to written notification of return/ concerned in the investigation are assess antidumping duties on all destruction of APO materials or cooperating and determines that the appropriate entries covered by this conversion to judicial protective order is investigation is extraordinarily review if any importer–specific hereby requested. Failure to comply complicated, section 703(c)(1)(B) of the assessment rate calculated is above de with the regulations and the terms of an minimis (i.e., is not less than 0.50 APO is a sanctionable violation. Act allows the Department to postpone percent). The Department intends to We are issuing and publishing this making the preliminary determination issue assessment instructions to CBP 15 determination and notice in accordance until no later than 130 days after the days after the date of publication of with sections 751(a)(1) and 777(i) of the date on which the administering these final results of review. Act. authority initiated the investigation. The Department clarified its Dated: May 30, 2008. The Department is currently ‘‘automatic assessment’’ regulation on investigating alleged subsidy programs David M. Spooner, May 6, 2003. See Antidumping and involving debt-for-equity swaps, loans, Countervailing Duty Proceedings: Assistant Secretaryfor Import Administration. grants, income tax incentives, and the Assessment of Antidumping Duties, 68 [FR Doc. E8–12771 Filed 6–5–08; 8:45 am] provision of goods and services for less FR 23954 (May 6, 2003). This BILLING CODE 3510–DS–S than adequate remuneration. Due to the clarification will apply to entries of number and complexity of the alleged subject merchandise during the period countervailable subsidy practices being DEPARTMENT OF COMMERCE of review produced by the company investigated, it is not practicable to included in these final results of review complete the preliminary determination for which the reviewed company did International Trade Administration of this investigation within the original not know its merchandise was destined time limit (i.e., by June 27, 2008). for the United States. In such instances, [C–570–936] Therefore, in accordance with section we will instruct CBP to liquidate 703(c)(1)(B) of the Act, we are fully unreviewed entries at the all–others rate Circular Welded Carbon Quality Steel extending the due date for the if there is no rate for the intermediate Line Pipe from the People’s Republic preliminary determination to no later company(ies) involved in the of China: Notice of Postponement of than 130 days after the day on which transaction. Preliminary Determination in the Countervailing Duty Investigation the investigation was initiated. Discontinuation of Cash Deposit However, as that date falls on a Sunday, Requirements AGENCY: Import Administration, the deadline for completion of the International Trade Administration, preliminary determination is now As stated in our preliminary results, Department of Commerce. we have instructed CBP to discontinue September 2, 2008, the next business collection of cash deposits of EFFECTIVE DATE: June 6, 2008. day after the Labor Day holiday. antidumping duties on entries of the FOR FURTHER INFORMATION CONTACT: This notice is issued and published subject merchandise made on or after Kristen Johnson, AD/CVD Operations, pursuant to section 703(c)(2) of the Act. March 7, 2007 (the effective date of the Office 3, Import Administration, Dated: May 30, 2008. revocation of this order). See International Trade Administration, Preliminary Results at 16842; U.S. Department of Commerce, 14th David M. Spooner, Revocation of Antidumping Duty Orders Street and Constitution Avenue, NW., Assistant Secretary for Import on Stainless Steel Bar From France, Washington, DC 20230; telephone (202) Administration. Germany, Italy, South Korea, and the 482–4793. [FR Doc. E8–12773 Filed 6–5–08; 8:45 am] United Kingdom and the Countervailing SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE Hotmetal submitted its section A rescind. Pursuant to 19 CFR 351.309( response on November 2, 2007, and its c)(1)(ii), interested parties may submit International Trade Administration section B and C responses on November case briefs no later than 30 days after A–533–809 16, 2007. the date of publication of this notice. Pursuant to 19 CFR 351.309(d), rebuttal Scope of the order Certain Forged Stainless Steel Flanges briefs, limited to issues raised in the from India; Preliminary Intent to The products covered by this order case briefs and comments, may be filed Rescind New Shipper Review are certain forged stainless steel flanges, no later than 5 days after the time limit both finished and not finished, for filing the case briefs. Parties who AGENCY: Import Administration, generally manufactured to specification submit argument in these proceedings International Trade Administration, ASTM A–182, and made in alloys such are requested to submit with the Department of Commerce. as 304, 304L, 316, and 316L. The scope argument: (1) a statement of the issue; SUMMARY: The Department of Commerce includes five general types of flanges. (2) a brief summary of the argument; (the Department) is conducting a new They are weld–neck, used for butt–weld and (3) a table of authorities. Further, shipper review of the antidumping duty line connection; threaded, used for the Department requests parties order on certain forged stainless steel threaded line connections; slip–on and submitting written comments to provide flanges (stainless steel flanges) from lap joint, used with stub–ends/butt– the Department with an additional copy India manufactured by Hotmetal Forge weld line connections; socket weld, of the public version of any such (India) Pvt., Ltd. (Hotmetal). The period used to fit pipe into a machined comments on diskette. of review (POR) is February 1, 2007, recession; and blind, used to seal off a through July 31, 2007. We preliminarily line. The sizes of the flanges within the Assessment Rates determine that Hotmetal had no bona scope range generally from one to six At the completion of this new shipper fide U.S. sales during the period of inches; however, all sizes of the above– review, if a final rescission notice is review (POR), and therefore intend to described merchandise are included in published, a cash deposit rate of 162.14 rescind the review. the scope. Specifically excluded from percent ad valorem shall continue to be We invite interested parties to the scope of this order are cast stainless collected for any entries produced by comment on this preliminary intent to steel flanges. Cast stainless steel flanges Hotmetal. Should the Department reach rescind. Parties who submit argument in generally are manufactured to a final result other than a rescission, we these proceedings are requested to specification ASTM A–351. The flanges will calculate an appropriate submit with the argument: (1) a subject to this order are currently antidumping duty rate for both statement of the issues; and (2) a brief classifiable under subheadings assessment and cash deposit purposes. summary of the argument. 7307.21.1000 and 7307.21.5000 of the The Department intends to issue EFFECTIVE DATE: June 6, 2008. Harmonized Tariff Schedule (HTS). assessment instructions to CBP 15 days FOR FURTHER INFORMATION CONTACT: Fred Although the HTS subheading is after the date of publication of the final Baker or Robert James, AD/CVD provided for convenience and customs rescission or final results of review. Operations, Office 7, Import purposes, the written description of the The Department clarified its Administration, International Trade merchandise under review is dispositive ‘‘automatic assessment’’ regulation on Administration, U.S. Department of of whether or not the merchandise is May 6, 2003. See Notice of Policy Commerce, 14th Street and Constitution covered by the scope of the order. Concerning Assessment of Antidumping Avenue, NW, Washington, DC 20230; Duties, 68 FR 23954 (May 6, 2003) telephone: (202) 482–2924 or (202) 482– Intent to Rescind (Assessment Policy Notice). This 0649, respectively. As indicated above, we have clarification will apply to entries of SUPPLEMENTARY INFORMATION: preliminarily determined that subject merchandise during the POR Hotmetal’s sales to the United States produced by Hotmetal for which Background during the POR were not bona fide Hotmetal did not know that the On February 9, 1994, the Department sales. We based our determination on merchandise it sold to an intermediary published the antidumping duty order the following factors: (1) the U.S. price (e.g., a reseller, trading company, or on stainless steel flanges from India. See and expenses associated with the sale exporter) was destined for the United Amended Final Determination and were unusually high; (2) the sale States. In such instances, we will Antidumping Duty Order; Certain involved a method of shipping not instruct CBP to liquidate unreviewed Forged Stainless Steel Flanges from standard for the industry; (3) the entries at the 162.14 percent all–others India, 59 FR 5994 (February 9, 1994) shipment did not enter U.S. customs rate established in the original less than (Amended Final Determination). On territory as a dumping entry; and (4) fair value (LTFV) investigation if there August 31, 2007, we received a request there were unusual circumstances is no rate for the intermediary involved for a new shipper review from Hotmetal surrounding the resale of the subject in the transaction. See Assessment for the period February 1, 2007 through merchandise by Hotmetal’s U.S. Policy Notice for a full discussion of this July 31, 2007. On October 4, 2007, we customer. For further information, see clarification. initiated the new shipper review. See the Memorandum to the File, ‘‘Bona Notification to Interested Parties Forged Stainless Steel Flanges from Fide Nature of the Sale in the New India: Notice of Initiation of Shipper Review of Hotmetal Forge This notice also serves as a Antidumping Duty New Shipper Review, (India) Pvt., Ltd.,’’ dated May 29, 2008, preliminary reminder to importers of 72 FR 56723 (October 4, 2007).1 for a complete explanation of our their responsibility under 19 CFR On October 4, 2007, the Department analysis. Based on these factors, we 351.402(f) to file a certificate regarding issued its questionnaire to Hotmetal. preliminarily intend to rescind this new the reimbursement of antidumping shipper review. duties prior to liquidation of the 1 Based on the spelling Hotmetal’s request for relevant entries during this review new shipper review, we spelled the respondent’s Public Comment name ‘‘Hot Metal Forge (India) Pvt. Ltd.’’ in the period. Failure to comply with this initiation notice. However, subsequent submissions Interested parties are invited to requirement could result in the indicate ‘‘Hotmetal’’ is properly one word. comment on this preliminary intent to Secretary’s presumption that

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reimbursement of antidumping duties 482–4474 and (202) 482–6478, Scope of the Order occurred and the subsequent assessment respectively. of double antidumping duties. The product covered by the Order is We are issuing and publishing this SUPPLEMENTARY INFORMATION: wooden bedroom furniture. Wooden notice in accordance with sections Background bedroom furniture is generally, but not 751(a)(1) and 777(i)(1) of the Tariff Act exclusively, designed, manufactured, and 19 CFR 351.221(b)(4). The Department published an and offered for sale in coordinated antidumping duty order on wooden Dated: May 29, 2008. groups, or bedrooms, in which all of the bedroom furniture from the PRC on individual pieces are of approximately Stephen J. Claeys, January 4, 2005. See Notice of Amended the same style and approximately the Deputy Assistant Secretary for Import Final Determination of Sales at Less same material and/or finish. The subject Administration. Than Fair Value and Antidumping Duty [FR Doc. E8–12751 Filed 6–5–08; 8:45 am] merchandise is made substantially of Order: Wooden Bedroom Furniture from wood products, including both solid BILLING CODE 3510–DR–S the People’s Republic of China, 70 FR wood and also engineered wood 329 (January 4, 2005) (‘‘the Order’’). On products made from wood particles, July 27, 2007, Mu Si and Bon Ten fibers, or other wooden materials such DEPARTMENT OF COMMERCE requested that the Department conduct as plywood, oriented strand board, NSRs of sales of their subject International Trade Administration particle board, and fiberboard, with or merchandise during the period of without wood veneers, wood overlays, A–570–890 review POR January 1, 2007 through June 30, 2007. On July 31, 2007, or laminates, with or without non–wood components or trim such as metal, Wooden Bedroom Furniture from the Dongguan Sunshine Furniture Co., Ltd. marble, leather, glass, plastic, or other People’s Republic of China: (‘‘Sunshine’’) requested that the Preliminary Results of January 1, 2007 Department conduct an NSR covering resins, and whether or not assembled, July 31, 2007 Semi–Annual New its sales of subject merchandise. On completed, or finished. Shipper Reviews August 31, 2007, the Department The subject merchandise includes the initiated semi–annual NSRs of Mu Si following items: (1) wooden beds such AGENCY: Import Administration, and Bon Ten. See Initiation of NSRs. as loft beds, bunk beds, and other beds; International Trade Administration, The Department did not initiate a (2) wooden headboards for beds Department of Commerce. review of Sunshine’s sales because CBP (whether stand–alone or attached to side SUMMARY: On August 31, 2007, the import data did not demonstrate that rails), wooden footboards for beds, Department of Commerce (‘‘the Sunshine sold subject merchandise to wooden side rails for beds, and wooden Department’’) initiated semi–annual the United States during the POR. new shipper reviews (‘‘NSRs’’) of the canopies for beds; (3) night tables, night On October 5, 2007, the Department antidumping duty order on wooden stands, dressers, commodes, bureaus, issued antidumping duty questionnaires bedroom furniture from the People’s mule chests, gentlemen’s chests, to Mu Si and Bon Ten. Mu Si and Bon Republic of China (‘‘PRC’’) covering bachelor’s chests, lingerie chests, Ten submitted their section A sales of subject merchandise made by wardrobes, vanities, chessers, questionnaire responses on November 5, Dongguan Mu Si Furniture Co., Ltd. chifforobes, and wardrobe–type 2007, and submitted their sections C (‘‘Mu Si’’) and Dongguan Bon Ten cabinets; (4) dressers with framed glass and D questionnaire responses on Furniture Co., Ltd. (‘‘Bon Ten’’). See mirrors that are attached to, November 20, 2007. The Department Wooden Bedroom Furniture From the incorporated in, sit on, or hang over the subsequently issued supplemental People’s Republic of China: Initiation of dresser; (5) chests–on-chests,2 questionnaires to Bon Ten and to Mu Si New Shipper Reviews, 72 FR 52083 highboys,3 lowboys,4 chests of drawers,5 on March 21, 2008 and April 2, 2008, (September 12, 2007) (‘‘Initiation of chests,6 door chests,7 chiffoniers,8 respectively, to which they responded NSRs’’). on April 14, 2008 and April 25, 2008, The Department preliminarily respectively. determines that Mu Si has made sales at 2 A chest-on-chest is typically a tall chest-of- less than normal value (‘‘NV’’), and Bon On February 28, 2008, the Department drawers in two or more sections (or appearing to be Ten has not made sales in the United extended the deadline for the issuance in two or more sections), with one or two sections of the preliminary results of these NSRs mounted (or appearing to be mounted) on a slightly States at less than NV. If these larger chest; also known as a tallboy. preliminary results are adopted in our until May 27, 2008. See Wooden 3 A highboy is typically a tall chest of drawers final results of review, the Department Bedroom Furniture from the People’s usually composed of a base and a top section with will instruct U.S. Customs and Border Republic of China: Extension of Time drawers, and supported on four legs or a small chest (often 15 inches or more in height). Protection (‘‘CBP’’) to assess Limit for the Preliminary Results of New Shipper Reviews, 73 FR 11395 (March 3, 4 A lowboy is typically a short chest of drawers, antidumping duties on entries of subject not more than four feet high, normally set on short merchandise during the period of 2008). legs. review (‘‘POR’’) for which the importer– Period of Review 5 A chest of drawers is typically a case containing specific assessment rates are above de drawers for storing clothing. The POR is January 1, 2007, through 6 A chest is typically a case piece taller than it minimis. is wide featuring a series of drawers and with or July 31, 2007.1 EFFECTIVE DATE: June 6, 2008. without one or more doors for storing clothing. The piece can either include drawers or be designed as FOR FURTHER INFORMATION CONTACT: Paul 1 In the Initiation of NSRs the Department stated, a large box incorporating a lid. Stolz or Hua Lu, AD/CVD Operations, ‘‘As discussed above, under 19 CFR 351.214 7 A door chest is typically a chest with hinged Office 8, Import Administration, (f)(2)(ii), when the sale of the subject merchandise doors to store clothing, whether or not containing International Trade Administration, occurs within the POR, but the entry occurs after drawers. The piece may also include shelves for the normal POR, the POR may be extended. televisions and other entertainment electronics. U.S. Department of Commerce, 14th Therefore, the POR for the new shipper reviews of 8 A chiffonier is typically a tall and narrow chest Street and Constitution Avenue, NW, Bon Ten and Mu Si is January 1 through July 31, of drawers normally used for storing undergarments Washington, DC 20230; telephone: (202) 2007.’’ and lingerie, often with mirror(s) attached.

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hutches,9 and armoires;10 (6) desks, mirrors;13 (11) certain metal parts;14 (12) Bona Fide Analysis computer stands, filing cabinets, book mirrors that do not attach to, Consistent with the Department’s cases, or writing tables that are attached incorporate in, sit on, or hang over a practice, the Department investigated to or incorporated in the subject dresser if they are not designed and the bona fide nature of the sales made merchandise; and (7) other bedroom marketed to be sold in conjunction with by Mu Si and Bon Ten for these reviews. furniture consistent with the above list. a dresser as part of a dresser–mirror set; In evaluating whether or not a single 15 and (13) upholstered beds. sale in an NSR is commercially The scope of the Order excludes the Imports of subject merchandise are following items: (1) seats, chairs, reasonable, and therefore bona fide, the classified under subheading Department considers, inter alia, such benches, couches, sofas, sofa beds, 9403.50.9040 of the HTSUS as ‘‘wooden stools, and other seating furniture; (2) factors as: (1) the timing of the sale; (2) . . . beds’’ and under subheading the price and quantity; (3) the expenses mattresses, mattress supports (including 9403.50.9080 of the HTSUS as ‘‘other . arising from the transaction; (4) whether box springs), infant cribs, water beds, . . wooden furniture of a kind used in the goods were resold at a profit; and (5) and futon frames; (3) office furniture, the bedroom.’’ In addition, wooden whether the transaction was made on an such as desks, stand–up desks, headboards for beds, wooden footboards arm’s–length basis. See, e.g., Tianjin for beds, wooden side rails for beds, and computer cabinets, filing cabinets, Tiancheng Pharmaceutical Co., Ltd. v. wooden canopies for beds may also be credenzas, and bookcases; (4) dining United States, 366 F. Supp. 2d 1246, entered under subheading 9403.50.9040 room or kitchen furniture such as dining 1250 (CIT 2005). Accordingly, the of the HTSUS as ‘‘parts of wood’’ and tables, chairs, servers, sideboards, Department considers a number of framed glass mirrors may also be buffets, corner cabinets, china cabinets, factors in its bona fide analysis, ‘‘all of and china hutches; (5) other non– entered under subheading 7009.92.5000 of the HTSUS as ‘‘glass mirrors . . . which may speak to the commercial bedroom furniture, such as television realities surrounding an alleged sale of cabinets, cocktail tables, end tables, framed.’’ This order covers all wooden bedroom furniture meeting the above subject merchandise.’’ See Hebei New occasional tables, wall systems, book description, regardless of tariff Donghua Amino Acid Co., Ltd. v. United cases, and entertainment systems; (6) classification. Although the HTSUS States, 374 F. Supp. 2d 1333, 1342 (CIT bedroom furniture made primarily of subheadings are provided for 2005) (citing Fresh Garlic From the wicker, cane, osier, bamboo or rattan; (7) convenience and customs purposes, our People’s Republic of China: Final side rails for beds made of metal if sold written description of the scope of this Results of Antidumping Administrative separately from the headboard and proceeding is dispositive. Review and Rescission of New Shipper footboard; (8) bedroom furniture in Review, 67 FR 11283 (March 13, 2002), which bentwood parts predominate;11 13 Cheval mirrors are any framed, tiltable mirror and accompanying Issues and Decision (9) jewelry armoires;12 (10) cheval with a height in excess of 50″ that is mounted on Memorandum). a floor-standing, hinged base. Additionally, the The Department preliminarily finds scope of the order excludes combination cheval that the new shipper sales made by Mu mirror/jewelry cabinets. The excluded merchandise is an integrated piece consisting of a cheval mirror, Si and Bon Ten were made on a bona i.e., a framed tiltable mirror with a height in excess fide basis. Specifically, the Department of 50 inches, mounted on a floor-standing, hinged finds that: (1) the price and quantity of base, the cheval mirror serving as a door to a each new shipper sale was within the 9 A hutch is typically an open case of furniture cabinet back that is integral to the structure of the mirror and which constitutes a jewelry cabinet range of the prices and quantities of with shelves that typically sits on another piece of other entries of subject merchandise furniture and provides storage for clothes. lined with fabric, having necklace and bracelet hooks, mountings for rings and shelves, with or 10 An armoire is typically a tall cabinet or from the PRC into the United States without a working lock and key to secure the during the POR; (2) the new shippers wardrobe (typically 50 inches or taller), with doors, contents of the jewelry cabinet back to the cheval and with one or more drawers (either exterior below mirror, and no drawers anywhere on the integrated and their respective customers did not or above the doors or interior behind the doors), piece. The fully assembled piece must be at least incur any extraordinary expenses shelves, and/or garment rods or other apparatus for 50 inches in height, 14.5 inches in width, and 3 arising from the transactions; (3) each storing clothes. Bedroom armoires may also be used inches in depth. See Wooden Bedroom Furniture new shipper sale was made between to hold television receivers and/or other audio- From the People’s Republic of China: Final Results of Changed Circumstances Review and unaffiliated parties at arm’s length; (4) visual entertainment systems. Determination To Revoke Order in Part, 72 FR 948 there is no record evidence that 11 As used herein, bentwood means solid wood (January 9, 2007). indicates that each new shipper sale made pliable. Bentwood is wood that is brought to 14 Metal furniture parts and unfinished furniture was not made based on commercial a curved shape by bending it while made pliable parts made of wood products (as defined above) with moist heat or other agency and then set by that are not otherwise specifically named in this principles; (5) the merchandise was cooling or drying. See Customs’ Headquarters’ scope (i.e., wooden headboards for beds, wooden resold at a profit; and (6) the timing of Ruling Letter 043859, dated May 17, 1976. footboards for beds, wooden side rails for beds, and each of the new shipper sales does not 12 Any armoire, cabinet or other accent item for wooden canopies for beds) and that do not possess the essential character of wooden bedroom indicate the sales were made on a non- the purpose of storing jewelry, not to exceed 24″ in bona fide basis. See the Memorandum ″ ″ furniture in an unassembled, incomplete, or width, 18 in depth, and 49 in height, including unfinished form. Such parts are usually classified regarding, ‘‘Antidumping Duty New a minimum of 5 lined drawers lined with felt or under the Harmonized Tariff Schedule of the Shipper Review of Wooden Bedroom felt-like material, at least one side door (whether or United States (‘‘HTSUS’’) subheading 9403.90.7000. Furniture from the People’s Republic of not the door is lined with felt or felt-like material), 15 Upholstered beds that are completely with necklace hangers, and a flip-top lid with inset upholstered, i.e., containing filling material and China: Bona Fide Nature of the Sale mirror. See Issues and Decision Memorandum from completely covered in sewn genuine leather, Under Review for Dongguan Mu Si Laurel LaCivita to Laurie Parkhill, Office Director, synthetic leather, or natural or synthetic decorative Furniture Co., Ltd.’’ dated May 27, 2008; Concerning Jewelry Armoires and Cheval Mirrors in fabric. To be excluded, the entire bed (headboards, and the Memorandum regarding, the Antidumping Duty Investigation of Wooden footboards, and side rails) must be upholstered except for bed feet, which may be of wood, metal, ‘‘Antidumping Duty New Shipper Bedroom Furniture from the People’s Republic of or any other material and which are no more than Review of Wooden Bedroom Furniture China, dated August 31, 2004. See also Wooden nine inches in height from the floor. See Wooden from the People’s Republic of China: Bedroom Furniture from the People’s Republic of Bedroom Furniture from the People’s Republic of China: Notice of Final Results of Changed China: Final Results of Changed Circumstances Bona Fide Nature of the Sale Under Circumstances Review and Revocation in Part, 71 Review and Determination to Revoke Order in Part, Review for Dongguan Bon Ten Furniture FR 38621 (July 7, 2006). 72 FR 7013, 7015 (February 14, 2007). Co., Ltd.’’ dated May 27, 2008.

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Therefore, the Department has now assign in its NME investigations Ten supports a preliminary finding of preliminarily found that Mu Si’s and will be specific to those producers that de jure absence of government control Bon Ten’s sales of subject merchandise supplied the exporter during the period based on the following: (1) an absence to the United States were bona fide for of investigation. Note, however, that one of restrictive stipulations associated purposes of these NSRs. rate is calculated for the exporter and all with the individual exporters’ business of the producers which supplied subject and export licenses; (2) there are Non–Market Economy Country Status merchandise to it during the period of applicable legislative enactments In every antidumping case conducted investigation. This practice applies both decentralizing control of the companies; by the Department involving the PRC, to mandatory respondents receiving an and (3) and there are formal measures the PRC has been treated as a non– individually calculated separate rate as by the government decentralizing market economy (‘‘NME’’) country. See, well as the pool of non–investigated control of companies. e.g., Brake Rotors From the People’s firms receiving the weighted–average of B. Absence of De Facto Control Republic of China: Final Results and the individually calculated rates. This Partial Rescission of the 2004/2005 practice is referred to as the application Typically the Department considers Administrative Review and Notice of of ‘‘combination rates’’ because such four factors in evaluating whether each Rescission of 2004/2005 New Shipper rates apply to specific combinations of respondent is subject to de facto Review, 71 FR 66304 (November 14, exporters and one or more producers. government control of its export 2006). In accordance with section The cash–deposit rate assigned to an functions: (1) whether the export prices 771(18)(C)(i) of the the Tariff Act of exporter will apply only to merchandise are set by or are subject to the approval 1930, as amended (‘‘the Act’’), any both exported by the firm in question of a government agency; (2) whether the determination that a foreign country is and produced by a firm that supplied respondent has authority to negotiate an NME country shall remain in effect the exporter during the period of and sign contracts and other until revoked by the administering investigation. However, if the agreements; (3) whether the respondent authority. None of the parties to this Department determines that a company has autonomy from the government in proceeding has contested such is wholly foreign–owned or located in a making decisions regarding the treatment. Accordingly, the Department market economy, then a separate–rate selection of management; and (4) calculated NV in accordance with analysis is not necessary to determine whether the respondent retains the section 773(c) of the Act, which applies whether it is independent from proceeds of its export sales and makes to NME countries. government control.’’) independent decisions regarding disposition of profits or financing of Separate Rates Mu Si and Bon Ten are wholly Chinese–owned companies and are losses. See Silicon Carbide, 59 FR at In proceedings involving NME located in the PRC. Therefore, the 22586–87; see also Notice of Final countries, the Department has a Department must analyze whether they Determination of Sales at Less Than rebuttable presumption that all can demonstrate the absence of both de Fair Value: Furfuryl Alcohol From the companies within the country are jure and de facto government control People’s Republic of China, 60 FR subject to government control and thus over their export activities. 22544, 22545 (May 8, 1995). The should be assessed a single antidumping Department has determined that an duty rate. It is the Department’s policy A. Absence of De Jure Control analysis of de facto control is critical in to assign all exporters of merchandise The Department considers the determining whether respondents are subject to investigation in an NME following de jure criteria in determining subject to a degree of government country this single rate unless an whether an individual company may be control which would preclude the exporter can demonstrate that it is granted a separate rate: (1) an absence of Department from assigning separate sufficiently independent so as to be restrictive stipulations associated with rates. entitled to a separate rate. Exporters can an individual exporter’s business and The Department conducted a demonstrate this independence through export licenses; (2) any legislative separate–rates analysis for both Mu Si the absence of both de jure and de facto enactments decentralizing control of and Bon Ten. In their questionnaire government control over export companies; and (3) other formal responses, Mu Si and Bon Ten activities. The Department analyzes measures by the government submitted evidence indicating an each entity exporting the subject decentralizing control of companies. See absence of de facto government control merchandise under a test arising from Sparklers, 56 FR at 20589. over their export activities. The the Final Determination of Sales at Less Throughout the course of this evidence placed on the record of this Than Fair Value: Sparklers from the proceeding, Mu Si and Bon Ten have review by Mu Si and Bon Ten People’s Republic of China, 56 FR 20588 placed a number of documents on the demonstrates an absence of de facto (May 6, 1991) (‘‘Sparklers’’), as further record to demonstrate absence of de jure government control with respect to each developed in the Final Determination of control including: business licenses, of the exporters’ exports of the Sales at Less Than Fair Value: Silicon financial statements, and narrative merchandise under review, in Carbide from the People’s Republic of information regarding government laws accordance with the criteria identified China, 59 FR 22585 (May 2, 1994) and regulations on corporate ownership, in Sparklers and Silicon Carbide. (‘‘Silicon Carbide’’). See also Policy and the companies’ operations and Specifically, this evidence indicates Bulletin 05.1: Separate–Rates Practice selection of management. For example, that: and Application of Combination Rates Mu Si and Bon Ten have placed on the (1) Mu Si and Bon Ten set their own in Antidumping Investigations record their articles of association, the export prices independent of the involving Non–Market Economy ‘‘Foreign Trade Law of the People’s government and without the approval of Countries (April 5, 2005), available at Republic of China’’ and the ‘‘The a government authority; (2) Mu Si and http://ia.ita.doc.gov/policy/bulletin05– Company Law of the People’s Republic Bon Ten retain the proceeds from their 1.pdf at p. 6 (stating: ‘‘ [w]hile of China.’’ See Exhibit 1 of their sales and make independent decisions continuing the practice of assigning respective Section A questionnaire regarding the disposition of profits or separate rates only to exporters, all responses dated November 5, 2007. The financing of losses; (3) Mu Si and Bon separate rates that the Department will evidence provided by Mu Si and Bon Ten each has an executive director/

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general manager who has the authority producer factors, the financial data from invalid under our normal to negotiate and bind the company in an the Philippines better reflected the methodologies. Under section 773(c)(3) agreement; (4) the executive director/ overall experience of producers of of the Act, FOPs include but are not general manager, the vice–manager, and comparable merchandise in a surrogate limited to: (1) hours of labor required; the department managers are selected by country. Unlike the ongoing (2) quantities of raw materials the respective shareholders of each administrative review, for these new employed; (3) amounts of energy and company; and (5) there is no restriction shipper reviews, there is no information other utilities consumed; and (4) on Mu Si’s or Bon Ten’s use of export on the record which would enable us to representative capital costs. The revenues. Therefore, because Mu Si and consider the Philippines as a surrogate Department used FOPs reported by Bon Ten have demonstrated a lack of de country. Therefore, the Department is respondents for materials, energy, labor jure and de facto control, we have preliminarily selecting India as the and packing. preliminarily determined they are surrogate country for the PRC. India is In accordance with 19 CFR eligible for a separate rate. at a level of economic development 351.408(c)(1), the Department will comparable to that of the PRC; it is a normally use publicly available Surrogate Country significant producer of comparable information to find an appropriate SV to When the Department is reviewing merchandise; and the Department has value FOPs, but when a producer imports from an NME country, section reliable, publicly available data from sources an input from a market 773(c)(1) of the the Act directs it to base India that it can use to value the FOPs. economy and pays for it in market– NV, in most circumstances, on the NME economy currency, the Department may producer’s factors of production Fair Value Comparisons value the factor using the actual price (‘‘FOPs’’), valued in a surrogate market To determine whether sales of the paid for the input. See Lasko Metal economy country or countries subject merchandise made by Mu Si and Products, Inc. v. United States, 43 F.3d considered to be appropriate by the Bon Ten to the United States were at 1442, 1446 (Fed. Cir. 1994). However, Department. In accordance with section prices below NV, the Department when the Department has reason to 773(c)(4) of the Act, in valuing the compared each company’s export price believe or suspect that such prices may FOPs, the Department shall utilize, to (‘‘EP’’) to NV, as described below. be distorted by subsidies, the the extent possible, the prices or costs Export Price Department will disregard the market of FOPs in one or more market economy economy purchase prices and use SVs countries that are: (1) at a level of In accordance with section 772(a) of to determine the NV. See Brake Rotors economic development comparable to the Act, the Department calculated the From the People’s Republic of China: that of the NME country; and (2) EP for sales to the United States for Mu Final Results of Antidumping Duty significant producers of comparable Si and Bon Ten because the first sale to Administrative and New Shipper merchandise. The sources of the an unaffiliated party was made before Reviews and Partial Rescission of the surrogate factor values are discussed the date of importation and the use of 2005–2006 Administrative Review, 72 under the ‘‘Normal Value’’ section constructed EP was not otherwise FR 42386 (August 2, 2007) (‘‘Brake below and in the Memorandum to the warranted. The Department calculated Rotors’’), and accompanying Issues and File, ‘‘New Shipper Review of Wooden EP based on the price to unaffiliated Decision Memorandum at Comment 1. Bedroom Furniture from the People’s purchasers in the United States. In In avoiding the use of prices that may Republic of China: Surrogate Values for accordance with section 772(c) of the be subsidized, the Department does not the Preliminary Results,’’ dated May 27, Act, as appropriate, the Department conduct a formal investigation to ensure 2008 (‘‘Factor Valuation deducted from the starting price to that such prices are not subsidized, but Memorandum’’). unaffiliated purchasers foreign inland rather relies on information that is The Department has determined that freight, and brokerage and handling. For generally available at the time of its India, Sri Lanka, Egypt, Indonesia, and Mu Si and Bon Ten, each of these determination. See H.R. Rep. 100–576, the Philippines, are comparable to the services was either provided by an NME at 590–91 (1988), reprinted in 1988 PRC in terms of economic development. vendor or paid for using an NME U.S.C.C.A.N. 1547, 1623–24. It is the See the Memorandum regarding, ‘‘New currency. Thus, the Department based Department’s practice to find a reason to Shipper Review of Wooden Bedroom the deduction of these movement believe or suspect that inputs may be Furniture from the People’s Republic of charges on surrogate values. See Factor subsidized if the facts developed in the China: Request for a List of Surrogate Valuation Memorandum for details United States or third country Countries,’’ dated October 3, 2007. It is regarding the surrogate values for countervailing duty findings indicate the Department’s practice to select from movement expenses. the existence of subsidies that appear to among these countries based on the be used generally (in particular, broadly availability and reliability of data. See Normal Value available, non–industry-specific export Department Policy Bulletin No. 04.1: Section 773(c)(1) of the Act provides subsidies. See Brake Rotors and China Non–Market Economy Surrogate that the Department shall determine NV National Machinery Imp. & Exp. Corp. Country Selection Process (March 1, using an FOP methodology if: (1) the v. United States, 293 F. Supp. 2d 1334, 2004). merchandise is exported from an NME 1338–39 (CIT 2003). The Department In the final results of the first country; and (2) the information does has reason to believe or suspect that administrative review of the Order, the not permit the calculation of NV using prices of inputs from Indonesia, South most recently completed segment of this home market prices, third country Korea, and Thailand may have been proceeding, the Department used India prices, or constructed value under subsidized. Through other proceedings, as the surrogate country for the PRC. section 773(a) of the Act. When the Department has learned that these However, in the ongoing second determining NV in an NME context, the countries maintain broadly available, administrative review, the Department Department will base NV on FOPs non–industry-specific export subsidies preliminarily selected the Philippines as because the presence of government and, therefore, finds it reasonable to the surrogate country because, in controls on various aspects of these infer that all exports to all markets from addition to the Philippines meeting the economies renders price comparisons these countries may be subsidized. See economic comparability and significant and the calculation of production costs e.g., Brake Rotors at Comment 1.

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Accordingly, the Department has valid and there is no reason to disregard contemporaneous import data from the disregarded prices from Indonesia, the prices, the Department will weight World Trade Atlas online, published by South Korea, and Thailand in average the weighted–average market the Directorate General of Commercial calculating the Indian import–based economy purchase price with an Intelligence and Statistics, Ministry of SVs. appropriate SV according to their Commerce of India. Among the FOPs for respective shares of the total volume of which the Department calculated SVs Factor Valuations purchases, unless case–specific facts using Indian Import Statistics are In accordance with section 773(c) of provide adequate grounds to rebut the plywood, woodscrews, dowels, glue, the Act, the Department calculated NV presumption. Where the quantity of the paint, drawerslides, abrasive paper, and based on FOPs reported by respondents input purchased from market–economy packing materials. For a complete listing for the POR. To calculate NV, the suppliers is insignificant, the of all the inputs and the valuation for Department multiplied the reported Department will not rely on the price each mandatory respondent. See Factor per–unit factor consumption quantities paid by an NME producer to a market– Valuation Memorandum. by publicly available Indian SVs (except economy supplier because it cannot Where the Department could not as noted below). In selecting the SVs, have confidence that a company could obtain information contemporaneous the Department considered the quality, fulfill all its needs at that price. with the POR with which to value FOPs, specificity, and contemporaneity of the Furthermore, when a firm has made the Department adjusted the SVs using, data. As appropriate, the Department market economy input purchases that where appropriate, the Indian adjusted input prices by including may have been dumped or subsidized, Wholesale Price Index (‘‘WPI’’) available freight costs to make them delivered are not bona fide, or are otherwise not at the website of the Office of the prices. Specifically, the Department acceptable for use in a dumping Economic Adviser, Ministry of added to Indian import SVs a surrogate calculation, the Department will Commerce and Industry, Government of freight cost using the shorter of the exclude them from the numerator of the India, http://eaindustry.nic.in/. See reported distance from the domestic ratio to ensure a fair determination of Factor Valuation Memorandum. supplier to the factory or the distance whether valid market economy For direct labor, indirect labor, and from the nearest seaport to the factory purchases meet the 33–percent packing labor, consistent with 19 CFR where appropriate (i.e., where the sales threshold. 351.408(c)(3), the Department used the terms for the market–economy inputs Consistent with the aforementioned PRC regression–based wage rate as were not delivered to the factory). This methodology, the Department valued reported on Import Administration’s adjustment is in accordance with the Mu Si’s and Bon Ten’s inputs using the website, Import Library, Expected decision of the U.S. Court of Appeals for market economy prices paid for the Wages of Selected NME Countries, the Federal Circuit in Sigma Corp. v. inputs where the total volume of the revised in May 2008, using 2005 data, United States, 117 F.3d 1401, 1407–08 input purchased from all market http://ia.ita.doc.gov/wages/05wages/ (Fed. Cir. 1997). For a detailed economy sources during the POR 05wages–051608.html#table1. The description of all SVs used to value the exceeded 33 percent of the total volume source of these wage–rate data is the respondents’ reported FOPs, see Factor of the input purchased from all sources International Labour Organization, Valuation Memorandum. during that period. Alternatively, when Geneva, Labour Statistics Database, During the POR, Mu Si and Bon Ten the volume of Mu Si’s and Bon Ten’s Copyright International Labour purchased all or a portion of certain purchases of an input from market Organization, 1998–2007 Yearbook, inputs from a market economy supplier economy suppliers during the POR was Selection: years: 2004–2005, Chapter and paid for these inputs in a market below 33 percent of the company’s total 5B: Wages in Manufacturing. Because economy currency. The Department has volume of purchases of the input during this regression–based wage rate does not instituted a rebuttable presumption that the POR, the Department weight separate the labor rates into different market economy input prices are the averaged the weighted–average market skill levels or types of labor, the best available information for valuing an economy purchase price with an Department has applied the same wage input when the total volume of the appropriate SV according to their rate to all skill levels and types of labor input purchased from all market respective shares of the total volume of reported by the respondents. See Factor economy sources during the period of purchases, as appropriate. Where Valuation Memorandum. investigation or review exceeds 33 appropriate, the Department increased To value electricity, the Department percent of the total volume of the input the market economy prices of inputs by used data from the International Energy purchased from all sources during the freight and brokerage and handling Agency Key World Energy Statistics period. See Antidumping expenses. See Factor Valuation (2003 edition). See Factor Valuation Methodologies: Market Economy Inputs, Memorandum; see also Memorandum to Memorandum. Because the value was Expected Non–Market Economy Wages, the File, ‘‘Company Analysis not contemporaneous with the POR, the Duty Drawback; and Request for Memorandum in the Antidumping Duty Department adjusted the rate for Comments, 71 FR 61716 (October 19, New Shipper Review of Wooden inflation. 2006) (‘‘Market Economy Inputs’’). In Bedroom Furniture from the People’s To calculate the value for domestic these cases, unless case–specific facts Republic of China: Mu Si,’’ dated May brokerage and handling, the Department provide adequate grounds to rebut the 27, 2008 and Memorandum to the File used information from the public Department’s presumption, the ‘‘Company Analysis Memorandum in version of two questionnaire responses Department will use the weighted– the Antidumping Duty New Shipper placed on the record of two separate average market economy purchase price Review of Wooden Bedroom Furniture antidumping proceedings. The first to value the input. Alternatively, when from the People’s Republic of China: source was December 2003–November the volume of an NME firm’s purchases Bon Ten,’’ dated May 27, 2008 (for a 2004 data contained in the public of an input from market economy detailed description of all actual values version of Essar Steel’s February 28, suppliers during the period is below 33 used for market–economy inputs.). 2005 questionnaire response submitted percent of its total volume of purchases In order to calculate SVs for the in the antidumping duty administrative of the input during the period, but reported FOPs purchased from NME review of hot–rolled carbon steel flat where these purchases are otherwise sources, the Department used products from India. See Certain Hot–

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Rolled Carbon Steel Flat Products from period January 1, 2007, through July 31, customer) ad valorem duty assessment India: Notice of Preliminary Results of 2007: rates based on the ratio of the total Antidumping Duty Administrative amount of the dumping margins Review, 71 FR 2018 (January 12, 2006) WOODEN BEDROOM FURNITURE FROM calculated for the examined sales to the (unchanged in the final results, Certain THE PRC total entered value of those same sales. Hot–Rolled Carbon Steel Flat Products The Department will instruct CBP to From India: Final Results of Weighted– assess antidumping duties on all Antidumping Duty Administrative Average appropriate entries covered by these Producer/Exporter Margin Review, 71 FR 40694 (July 18, 2006)). (Percent) reviews if any importer–specific This value was averaged with the assessment rate calculated in the final February 2004–January 2005 data Dongguan Bon Ten Furniture results of these reviews is above de contained in the public version of Agro Co., Ltd./Dongguan Bon Ten minimis. Dutch Industries Limited’s (‘‘Agro Furniture Co., Ltd...... 0.00 Cash Deposit Requirements Dutch’’) May 24, 2005 questionnaire Dongguan Mu Si Furniture Co., response submitted in the Ltd./Dongguan Mu Si Furniture On August 17, 2006, the Pension administrative review of the Co., Ltd...... 103.55 Protection Act of 2006 (‘‘H.R. 4’’) was antidumping duty order on certain signed into law. Section 1632 of H.R. 4 preserved mushrooms from India. See Disclosure and Public Comment temporarily suspends the authority of Certain Preserved Mushrooms From The Department will disclose the Department to instruct CBP to India: Final Results of Antidumping calculations performed for these collect a bond or other security in lieu Duty Administrative Review, 70 FR preliminary results to the parties within of a cash deposit in NSRs. Therefore, the 37757 (June 30, 2005). The brokerage five days of the date of publication of posting of a bond under section expense data reported by Essar Steel this notice in accordance with 19 CFR 751(a)(B)(iii) of the Act in lieu of a cash and Agro Dutch in their public versions 351.224(b). Interested parties may deposit is not available in this case. are ranged data. The Department submit written comments no later than The following cash deposit derived an average per–unit amount 30 days after the date of publication of requirements will be effective upon from each source and then adjusted these preliminary results of review. See publication of the final results of these each average rate for inflation using the 19 CFR 351.309(c). Rebuttals to written NSRs for shipments of subject WPI. The Department then averaged the comments may be filed no later than merchandise from the Mu Si and Bon two per–unit amounts to derive an five days after the written comments are Ten entered, or withdrawn from overall average rate for the POR. See filed. See 19 CFR 351.309(d). Further, warehouse, for consumption on or after Factor Valuation Memorandum. parties submitting written comments the publication date, as provided by The Department used Indian transport and rebuttal comments are requested to section 751(a)(2)(C) of the Act: (1) information in order to value the provide the Department with an Subject merchandise produced and freight–in cost of the raw materials. The additional copy of those comments on exported by Mu Si or produced and Department determined the best diskette. Any interested party may exported by Bon Ten, the cash deposit available information for valuing truck request a hearing within 30 days of rate will be that established in the final and rail freight to be from publication of these preliminary results. results of these reviews; (2) subject www.infreight.com. This source See 19 CFR 351.310(c). If requested, a merchandise exported by Mu Si but not provides daily rates from six major hearing normally will be held seven produced by MuSi and subject points of origin to five destinations in days after the scheduled date for merchandise exported by Bon Ten but India during the POR. The Department submission of rebuttal comments. See not produced by Bon Ten, the cash obtained a price quote on the first day 19 CFR 351.310(d). deposit rate will continue to be the of each month of the POR from each The Department will issue the final PRC–wide rate of 216.01 percent; (3) for point of origin to each destination and results of these NSRs, which will subject merchandise produced by Mu Si averaged the data accordingly. See include the results of its analysis of any or Bon Ten, and exported by any party Factor Valuation Memorandum. issues raised in written comments, but themselves, the cash deposit rate To value factory overhead, selling, within 90 days of the date on which will be the rate applicable to the general, and administrative expenses these preliminary results are issued, in exporter. These cash deposit (‘‘SG&A’’), and profit, the Department accordance with 19 CFR 351.214(i)(1), requirements, when imposed, shall used the audited financial statements unless the time limit is extended. See 19 remain in effect until further notice. for the fiscal year ending March 31, CFR 351.214(i)(1). 2007, from twelve Indian producers of Notification to Interested Parties comparable merchandise. From this Assessment Rates This notice serves as a preliminary information, the Department was able to Upon completion of the final results, reminder to importers of their determine factory overhead as a pursuant to 19 CFR 351.212(b), the responsibility under 19 CFR percentage of the total raw materials, Department will determine, and CBP 351.402(f)(2) to file a certificate labor and energy (‘‘ML&E’’) costs; SG&A shall assess, antidumping duties on all regarding the reimbursement of as a percentage of ML&E plus overhead appropriate entries. The Department antidumping duties prior to liquidation (i.e., cost of manufacture); and the profit intends to issue assessment instructions of the relevant entries during this POR. rate as a percentage of the cost of to CBP 15 days after the date of Failure to comply with this requirement manufacture plus SG&A. For further publication of the final results of could result in the Secretary’s discussion, see Factor Valuation reviews. If these preliminary results are presumption that reimbursement of Memorandum. adopted in our final results of reviews, antidumping duties occurred and the the Department shall determine, and subsequent assessment of double Preliminary Results of Reviews CBP shall assess, antidumping duties on antidumping duties. The Department preliminarily all appropriate entries. Pursuant to 19 The Department is issuing and determines that the following weighted– CFR 351.212(b)(1), the Department will publishing this determination in average dumping margins exist for the calculate importer–specific (or accordance with sections 751(a)(1),

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751(a)(2)(B), and 777(i) of the Act, and United Auto Workers Local 3303, the Petitioners submitted comments 19 CFR 351.214(h) and 351.221(b)(4). Zanesville Armco Independent requesting that the Department conduct Dated: May 27, 2008. Organization, and the United verification of the responses submitted Steelworkers of America, AFL–CIO/CLC by U&A Belgium. On February 5, 2008, David M. Spooner, (collectively, Petitioners), and the U&A Belgium submitted comments Assistant Secretary for Import respondent, Ugine & ALZ Belgium (U&A urging the Department to reject the Administration. Belgium), respectively. On June 29, request for verification made by the [FR Doc. E8–12762 Filed 6–5–08; 8:45 am] 2007, we published a notice initiating Petitioners. After reviewing the Sections BILLING CODE 3510–DR–S an administrative review of the A through D responses from U&A antidumping duty order on SSPC from Belgium, the Department issued Belgium covering one respondent, U&A supplemental questionnaires to U&A DEPARTMENT OF COMMERCE Belgium. See Initiation of Antidumping Belgium. The Department issued International Trade Administration and Countervailing Duty Administrative additional supplemental questions, after Reviews, Request for Revocation in Part reviewing U&A Belgium’s supplemental [A–423–808] and Deferral of Administrative Review, questionnaire response. On January 18, 72 FR 35690 (June 29, 2007). 2008, the Department postponed the Stainless Steel Plate in Coils From On May 11, 2007, the Department preliminary results by 120 days. See Belgium: Preliminary Results of received a request from U&A Belgium Stainless Steel Plate in Coils From Antidumping Duty Administrative for a scope determination that the Belgium: Notice of Extension of Time Review antidumping and countervailing duty Limit for Preliminary Results of AGENCY: Import Administration, orders on SSPC from Belgium exclude Administrative Review, 73 FR 3453 International Trade Administration, stainless steel products with an actual (January 18, 2008). U.S. Department of Commerce. thickness less than 4.75mm, regardless of nominal thickness. The Department U&A Belgium’s Reported Merger SUMMARY: The Department of Commerce U&A Belgium reported that it is (the Department) is conducting an initiated a formal scope inquiry of the 1 wholly owned by Arcelor S.A. and administrative review of the SSPC orders on July 23, 2007. On November 16, 2007, and on January 15, stated that Arcelor S.A. is in the process antidumping duty order on stainless of merging with Mittal Steel, N.V. steel plate in coils (SSPC) from Belgium. 2008, the Department extended the deadline to issue a final scope ruling (Mittal) to form Arcelor Mittal S.A. For the period May 1, 2006, through under 19 CFR 351.302(b). See Specifically, U&A Belgium reported that April 30, 2007, we have preliminarily Memoranda To All Interested Parties ‘‘{i}n June 2006, Arcelor and Mittal determined that U.S. sales have been RE: Stainless Steel Plate in Coils from Steel signed a memorandum of made below normal value (NV). If these Belgium Scope Inquiry, dated November understanding outlining the terms of a preliminary results are adopted in our 16, 2007 and January 15, 2008, merger. The subsequent merger final results, we will instruct U.S. respectively. agreement was signed in May 2007.’’ Customs and Border Protection (CBP) to On July 13, 2007, the Department See U&A Belgium’s September 11, 2007, assess antidumping duties based on the issued a questionnaire to U&A Belgium. Section A Questionnaire Response at 10. difference between the constructed We received U&A Belgium’s response to U&A Belgium stated that the merger was export price (CEP) and NV. See Section A of the Department’s structured as a two-step process. The ‘‘Preliminary Results of Review’’ section questionnaire on September 11, 2007, first step, the merger of Mittal Steel into of this notice. Interested parties are and Sections B–D on September 28, its wholly owned non-operating invited to comment on these 2007. On January 18, 2008, the subsidiary ArcelorMittal, was preliminary results. Department issued an extension of the completed in August 2007. The second EFFECTIVE DATE: June 6, 2008. deadline for the preliminary results of step, the integration of ArcelorMittal FOR FURTHER INFORMATION CONTACT: this antidumping duty administrative into Arcelor S.A., was completed in Cindy Robinson or George McMahon, review from January 31, 2008, until May November 2007, and the company was AD/CVD Operations, Office 3, Import 30, 2008. See Stainless Steel Plate in immediately renamed ArcelorMittal. As Administration, International Trade Coils From Belgium: Notice of Extension a result, the entire merger is now Administration, U.S. Department of of Time Limit for Preliminary Results of complete, effective November 2007. Commerce, 14th Street and Constitution Administrative Review, 73 FR 3453 U&A Belgium stated that ‘‘{w}hile the Avenue, NW., Washington DC 20230; (January 18, 2008). merger was not technically completed telephone (202) 482–3797 or (202) 482– On October 29, 2007, the Department during the review period, U&A Belgium 1167, respectively. received comments from the Petitioners prepared its responses to the on the Sections A through C responses Department’s questionnaires as if Background for U&A Belgium. On January 24, 2008, ArcelorMittal were fully consolidated.’’ On May 1, 2007, the Department See U&A Belgium’s April 15, 2008, issued a notice of opportunity to request 1 See Notice of Amended Final Determinations: Sections A–C Supplemental an administrative review of this order Stainless Steel Plate in Coils from Belgium and Questionnaire Response (April 15, 2008 South Africa; and Notice of Countervailing Duty for the period of review (POR) May 1, Orders: Stainless Steel Plate in Coils from Belgium, SQR) at 1. U&A Belgium also reported 2006, through April 30, 2007. See Italy and South Africa, 64 FR 25288 (May 11, 1999); ‘‘that the merger has had no impact on Antidumping or Countervailing Duty Antidumping Duty Orders; Certain Stainless Steel U&A Belgium’s production and sale of Order, Finding, or Suspended Plate in Coils From Belgium, Canada, Italy, the subject merchandise. In particular, there Republic of Korea, South Africa, and Taiwan, 64 FR Investigation; Opportunity to Request 27756 (May 21, 1999); Notice of Amended has been no change to U&A Belgium’s Administrative Review, 72 FR 23796 Antidumping Duty Orders; Certain Stainless Steel inputs from affiliates within the review (May 1, 2007). On May 31, 2007, the Plate in Coils From Belgium, Canada, Italy, the period resulting from the merger with Department received timely requests for Republic of Korea, South Africa, and Taiwan, 68 FR Mittal Steel. There has also been no 11520 (March 11, 2003); and Amended an administrative review of this order Countervailing Duty Orders; Certain Stainless Steel change to U&A Belgium’s sales to from the Petitioners, Allegheny Ludlum Plate in Coils From Belgium, Italy, and South affiliates within the POR resulting from Corporation, North American Stainless, Africa, 68 FR 11524 (March 11, 2003). the merger with Mittal Steel.’’ Id. at 2.

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Quarterly Costs impact of cost changes on the cost merchandise subject to this order is In its Section A–C questionnaire averaging period. See Antidumping dispositive. Methodologies for Proceedings that response dated January 29, 2008, at 39– Analysis 44, U&A Belgium provided information Involve Significant Cost Changes regarding its input costs for the POR and Throughout the Period of Investigation Product Comparisons claimed that the use of a single (POI)/Period of Review (POR) that May In accordance with section 771(16) of weighted average for the POR would Require Using Shorter Cost Averaging the Tariff Act of 1930, as amended (the distort the margin calculations. Periods; Request for Comment, 73 FR Act), we considered all products Therefore, instead of using single 26364 (May 9, 2008) (Antidumping produced by the respondent that are weighted-average CONNUM-specific Methodologies; Request for Comment). covered by the description contained in costs for the POR, U&A Belgium urged Although the Department has calculated the ‘‘Scope of the Order’’ section above the Department to consider employing a U&A Belgium’s costs on an annual basis and were sold in the home market quarterly weighted-average cost for these preliminary results, we intend during the POR, to be the foreign like methodology in this segment of the to consider this issue further within the product for purposes of determining proceeding. On March 17, 2008, the context of our analysis of the comments appropriate product comparisons to Petitioners submitted comments that will be received, pursuant to the U.S. sales. Where there were no sales of claiming that the Department’s standard Antidumping Methodologies; Request identical merchandise in the home for Comment. We expect to provide a practice of using a single weighted- market to compare to U.S. sales, we memorandum discussing the results of average cost for the POR remains proper compared U.S. sales to the most similar our analysis of the comments received, in the instant case. As a result, the foreign like product on the basis of the in order to give the parties to this Petitioners urge the Department to reject characteristics listed in Appendix V of proceeding an opportunity to comment U&A Belgium’s proposal to use the initial antidumping questionnaire for the final determination. quarterly weighted-average costs in this we provided to U&A Belgium. See U&A administrative review. On May 15, Scope of the Order Belgium Antidumping Questionnaire, dated July 13, 2007, on the record in the 2008, U&A Belgium provided rebuttal The product covered by this order is Central Records Unit (CRU), Room 1117 comments attesting that the record certain stainless steel plate in coils. of the Main Commerce Building. evidence and the extraordinary Stainless steel is an alloy steel circumstances present in this review containing, by weight, 1.2 percent or Normal Value Comparisons warrant a departure from the less of carbon and 10.5 percent or more Department’s normal practice of using To determine whether sales of subject of chromium, with or without other merchandise to the United States were annual costs. On May 22, 2008, the elements. The subject plate products are Petitioners submitted additional made at less than normal value, we flat-rolled products, 254 mm or over in compared CEP to NV, as described in comments reiterating their claim that it width and 4.75 mm or more in the ‘‘Constructed Export Price’’ and is inappropriate for the Department to thickness, in coils, and annealed or ‘‘Normal Value’’ sections of this notice. use quarterly costs in this review. The otherwise heat treated and pickled or In accordance with section 777A(d)(2) Petitioners argue that U&A Belgium has otherwise descaled. The subject plate of the Act, we calculated monthly provided insufficient quantitative and may also be further processed (e.g., weighted-average prices for NV and qualitative analyses, particularly related cold-rolled, polished, etc.) provided that compared these to individual U.S. to pricing practices and trends in the it maintains the specified dimensions of transaction prices. home market, to support using a plate following such processing. quarterly cost methodology. On May 27, Excluded from the scope of this order Home Market Viability 2008, U&A Belgium submitted are the following: (1) Plate not in coils, In accordance with section comments that rebut the comments (2) plate that is not annealed or 773(a)(1)(C) of the Act, to determine addressed in the Petitioner’s May 22, otherwise heat treated and pickled or whether there was a sufficient volume 2008, letter. Specifically, U&A Belgium otherwise descaled, (3) sheet and strip, of sales in the home market to serve as rebuts that quarterly cost periods can be and (4) flat bars. a viable basis for calculating NV, we quantified, there is a sufficient number The merchandise subject to this order compared U&A Belgium’s volume of of sales to determine that prices is currently classifiable in the home market sales of the foreign like changed significantly over the POR, and Harmonized Tariff Schedule of the product to the volume of U.S. sales of the alloy surcharge mechanism is a United States (HTSUS) at subheadings: the subject merchandise. Pursuant to pass-through pricing mechanism. 7219.11.00.30, 7219.11.00.60, section 773(a)(1)(B) and 19 CFR Furthermore, U&A Belgium contends 7219.12.00.06, 7219.12.00.21, 351.404(b), because U&A Belgium’s that certain proprietary issues discussed 7219.12.00.26, 7219.12.00.51, aggregate volume of home market sales by the Petitioners are irrelevant to the 7219.12.00.56, 7219.12.00.66, of the foreign like product was greater issue of quarterly costs, U&A Belgium 7219.12.00.71, 7219.12.00.81, than 5 percent of its aggregate volume correctly calculated its reported finance 7219.31.00.10, 7219.90.00.10, of U.S. sales of the subject merchandise, expenses, and there is no need for 7219.90.00.20, 7219.90.00.25, we determined that the home market verification in this review. 7219.90.00.60, 7219.90.00.80, was viable. Moreover, there is no The Department considered the sales 7220.11.00.00, 7220.20.10.10, evidence on the record supporting a and cost information reported by U&A 7220.20.10.15, 7220.20.10.60, particular market situation in the Belgium, in addition to the comments 7220.20.10.80, 7220.20.60.05, exporting company’s country that submitted by both the Petitioners and 7220.20.60.10, 7220.20.60.15, would not permit a proper comparison U&A Belgium. Based on our analysis, 7220.20.60.60, 7220.20.60.80, of home market and U.S. prices. we preliminarily find that it is 7220.90.00.10, 7220.90.00.15, appropriate to use U&A Belgium’s 7220.90.00.60, and 7220.90.00.80. Constructed Export Price annual weighted-average costs for this Although the HTSUS subheadings are In accordance with section 772(b) of review. The Department recently provided for convenience and customs the Act, CEP is the price at which the requested public comment regarding the purposes, the written description of the subject merchandise is first sold (or

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agreed to be sold) in the United States the respondent sold identical include certain financial costs and gains before or after the date of importation by merchandise to unaffiliated customers). recognized by the parent company in its or for the account of the producer or 2006 fiscal year income statement. See Arm’s-Length Test exporter of such merchandise, or by a Memorandum from Angela Strom, seller affiliated with the producer or Sales to affiliated customers in the Accountant, to Neal Halper, Director, exporter, to a purchaser not affiliated home market not made at arm’s length Office of Accounting, entitled ‘‘Cost of with the producer or exporter. were excluded from our analysis. To test Production and Constructed Value As stated at 19 CFR 351.401(i), the whether these sales were made at arm’s Calculation Adjustments for the Department will use the respondent’s length, we compared the starting prices Preliminary Determination Results— invoice date as the date of sale unless of sales to affiliated and unaffiliated U&A Belgium,’’ dated May 30, 2008. another date better reflects the date customers net of all movement charges, We compared the weighted-average upon which the exporter or producer direct selling expenses, discounts, and model-specific COPs to home market establishes the essential terms of sale. packing. In accordance with the sales of the foreign like product, as U&A Belgium reported the invoice date Department’s current practice, if the required under section 773(b) of the Act, as the date of sale for both the U.S. prices charged to an affiliated party in order to determine whether these market and the home market because were, on average, between 98 and 102 sales had been made at prices below the the date of invoice reflects the date on percent of the prices charged to COP. In determining whether to which the material terms of sale were unaffiliated parties for merchandise disregard home market sales made at finalized. identical or most similar to that sold to prices below the COP, we examined the affiliated party, we consider the For purposes of this review, U&A whether such sales were made (1) sales to be at arm’s-length prices. See 19 Belgium classified all of its export sales within an extended period of time in CFR 351.403(c). Conversely, where the of SSPC to the United States as CEP substantial quantities, and (2) at prices affiliated party did not pass the arm’s- which did not permit recovery of all sales. During the POR, U&A Belgium length test, all sales to that affiliated costs within a reasonable period of time made sales in the United States through party have been excluded from the NV in the normal course of trade, in its U.S. affiliate, Arcelor Stainless USA calculation. See Antidumping accordance with sections 773(b)(1)(A) (AS USA), which then resold the Proceedings: Affiliated Party Sales in and (B) of the Act. On a product-specific merchandise to unaffiliated customers the Ordinary Course of Trade, 67 FR basis, we compared the COP to home in the United States. The Department 69186 (November 15, 2002). market prices, less any movement calculated CEP based on packed prices charges, discounts, and direct and to customers in the United States. We Cost of Production indirect selling expenses. made deductions from the starting price, The Department disregarded sales Pursuant to section 773(b)(2)(C) of the net of discounts, for movement below the cost of production (COP) in Act, where less than 20 percent of the expenses (foreign and U.S. movement, the last completed review. See Stainless respondent’s sales of a given product U.S. customs duty and brokerage, and Steel Plate in Coils From Belgium: Final were at prices which represent less than post-sale warehousing) in accordance Results of Antidumping Administrative the COP, we did not disregard any with section 772(c)(2) of the Act and 19 Review, 70 FR 72789 (December 7, below-cost sales of that product because CFR 351.401(e). In addition, because 2005). We therefore have reasonable the below-cost sales were not made in U&A Belgium reported CEP sales, in grounds to believe or suspect, pursuant substantial quantities within an accordance with section 772(d)(1) of the to section 773(b)(2)(A)(ii) of the Act, extended period of time. Where 20 Act, we deducted from the starting that sales of the foreign like product percent or more of the respondent’s price, credit expenses, warranty under consideration for the sales of a given product were at prices expenses, and indirect selling expenses, determination of NV in this review may which represented less than the COP, including inventory carrying costs, have been made at prices below COP. we determined that they were made in incurred in the United States and Thus, pursuant to section 773(b)(1) of substantial quantities within an Belgium and associated with economic the Act, we examined whether U&A extended period of time, in accordance activities in the United States. Belgium’s sales in the home market with section 773(b)(2)(C) of the Act. Normal Value were made at prices below the COP. Because we compared prices to POR- We compared sales of the foreign like average costs, we also determined that In accordance with section product in the home market with the below-cost prices did not permit the 773(a)(1)(B)(i) of the Act, we have based model-specific COP figures. In recovery of costs within a reasonable NV on the price at which the foreign accordance with section 773(b)(3) of the period of time, in accordance with like product was first sold for Act, we calculated COP based on the section 773(b)(1)(B) of the Act. consumption in the home market, in the sum of the costs of materials and Therefore, we disregarded the below- usual commercial quantities and in the fabrication employed in producing the cost sales and used the remaining sales, ordinary course of trade. In addition, foreign like product, plus selling, if any, as the basis for NV, in accordance because the NV level of trade (LOT) is general and administrative (SG&A) with section 773(b)(1) of the Act. at a more advanced stage of distribution expenses, financial expenses and all than the CEP LOT, and available data costs and expenses incidental to placing CEP to NV Comparison provide no appropriate basis to the foreign like product in packed For those sales at prices above COP, determine an LOT adjustment between condition and ready for shipment. In we based NV on home market prices to NV and CEP, we made a CEP offset our sales-below-cost analysis, we relied affiliated (when made at prices pursuant to section 773(a)(7)(B) of the on home market sales and COP determined to be at arm’s length) or Act (see ‘‘Level of Trade’’ section, information provided by U&A Belgium unaffiliated parties, in accordance with below). in its questionnaire responses, except 19 CFR 351.403. Home market starting We used sales to affiliated customers for the reported financial expense ratio. prices were based on packed prices to only where we determined such sales We made adjustments to the affiliated or unaffiliated purchasers in were made at arm’s-length prices (i.e., at consolidated financial expense ratio to the home market, net of discounts. We prices comparable to the prices at which exclude long-term interest income and made adjustments, where applicable, for

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packing and movement expenses, in To determine whether NV sales are at that the selling activities and services do accordance with sections 773(a)(6)(A) a different LOT than CEP, we examine not vary among them. See Memorandum and (B) of the Act. We also made stages in the marketing process and from George McMahon to The File adjustments for differences in costs selling functions along the chain of ‘‘Calculation Memorandum for Ugine & attributable to differences in physical distribution between the producer and ALZ, N.V. Belgium (U&A Belgium) for characteristics of the merchandise the unaffiliated customer. If the the Preliminary Results of the Sixth pursuant to section 773(a)(6)(C)(ii) of comparison-market sales are at a Administrative Review of Stainless the Act. For comparison to CEP, we different LOT, and the difference affects Steel Plate in Coils (SSPC) from deducted home market direct selling price comparability, as manifested in a Belgium,’’ dated May 30, 2008 (Sales expenses pursuant to section pattern of consistent price differences Calculation Memorandum). Therefore, 773(a)(6)(C)(iii) of the Act and 19 CFR between the sales on which NV is based we preliminarily conclude that U&A 351.410(c). and comparison-market sales at the LOT Belgium’s sales in the home market Section 773(a)(4) of the Act provides of the export transaction, we make a constitute one LOT. that where NV cannot be based on LOT adjustment under section U&A Belgium reported two channels comparison-market sales, NV may be 773(a)(7)(A) of the Act. For CEP sales, if of distribution and two LOTs in the U.S. based on constructed value (CV). the NV level is at a more advanced stage market. U&A Belgium’s two U.S. Accordingly, for those products for of distribution than the CEP LOT and channels of distribution are: 1) Direct which we could not determine the NV the data available do not provide a basis sales by AS USA of made-to-order based on comparison-market sales, to determine a LOT adjustment, we merchandise produced by U&A Belgium either because there were no useable adjust NV under section 773(a)(7)(B) of to end-users and unaffiliated sales of a comparable product or all the Act (the CEP offset provision). See, distributors, and 2) warehouse sales by sales of the comparable products failed e.g., Final Determination of Sales at Less AS USA of merchandise imported from the COP test, we based NV on CV. Than Fair Value: Greenhouse Tomatoes U&A Belgium and stocked by AS USA. Section 773(e) of the Act provides that From Canada, 67 FR 8781 (February 26, See September 11, 2007, Section A, CV shall be based on the sum of the cost 2002); see also Notice of Final Volume I, Questionnaire Response at of materials and fabrication for the Determination of Sales at Less than Fair 16–17; see also April 15, 2008 SQR at imported merchandise, plus amounts Value: Certain Cut-to-Length Carbon 20. U&A Belgium performed several SG&A and interest expenses, profit, and Steel Plate from South Africa, 62 FR selling functions in the United States in U.S. packing costs. We calculated the 61731 (November 19, 1997) and Certain connection with the sale of SSPC. The cost of materials and fabrication based Hot-Rolled Flat-Rolled Carbon Quality selling functions that U&A Belgium on the methodology described in the Steel Products from Brazil; Preliminary independently performed for its U.S. ‘‘Cost of Production Analysis’’ section, Results of Antidumping Duty sales are limited to: handling product above. We based SG&A and interest Administrative Review, 70 FR 17406 information and training sessions, expenses and profit on the actual (April 6, 2005). For CEP sales, we freight arrangements, packing, and amounts incurred and realized by consider only the selling activities technical services. In addition, U&A respondent in connection with the reflected in the price after the deduction Belgium and AS USA performed the production and sale of the foreign like of expenses and CEP profit under following four sales functions jointly in product in the ordinary course of trade section 772(d) of the Act. See Micron both sales channels in the United States: for consumption in the home market, in Product information and training Technology Inc. v. United States, 243 accordance with section 773(e)(2)(A) of sessions, advertising to customers, F.3d 1301, 1314–1315 (Fed. Cir. 2001). the Act. freight arrangements, and after sales We expect that, if the claimed LOTs are We made adjustments to CV for servicing support or claims. In our the same, the functions and activities of differences in circumstances of sale in comparison of the U.S. and home the seller should be similar. Conversely, accordance with section 773(a)(8) of the market LOTs, we eliminated from if a party claims that the LOTs are Act and 19 CFR 351.410. For consideration selling functions different for different groups of sales, comparisons to CEP, we made performed by AS USA and only the functions and activities of the seller circumstance-of-sale adjustments by considered the portion of the selling should be dissimilar. See Porcelain-on- deducting comparison market direct functions performed by U&A Belgium selling expenses from CV. See 19 CFR Steel Cookware from Mexico: Final after making adjustments under section 351.410(c). Results of Administrative Review, 65 FR 772(d) of the Act. 30068 (May 10, 2000). Our analysis of these selling functions Level of Trade In the current review, U&A Belgium performed by U&A Belgium in the In accordance with section reported seven customer categories and United States shows that the selling 773(a)(1)(B)(i) of the Act, to the extent indicated that its sales were made at a activities and services do not vary practicable, we determined NV based on single channel of distribution for the according to the type of customer for sales in the comparison market at the sale of SSPC in Belgium through one sales within each channel of same LOT as the U.S. sales. See 19 CFR LOT in the comparison market. distribution. Because we find that there 351.412. The NV LOT is the level of the Specifically, U&A Belgium reported that is no variation in type or level of starting-price sale in the comparison it sells SSPC to customers in the home services provided by U&A Belgium for market or, when NV is based on CV, the market through its affiliated sales the channels of distribution in the level of the sales from which we derive agents, U&A Benelux (regional sales United States, we preliminarily SG&A and profit. For EP, the U.S. LOT office) and U&A S.A. (principal sales determine that there is only one LOT in is also the level of the starting-price agent). U&A Belgium performs a variety the U.S. market. See ‘‘Sales Calculation sale, which is usually from exporter to of distinct selling functions in the Memorandum.’’ Moreover, we find that importer. For CEP, it is the level of the comparison market. See Appendix A–15 the distribution channels and selling constructed sale from the exporter to the of the September 11, 2007, functions reported by U&A Belgium for importer. See 19 CFR 351.412. As noted Questionnaire Response. We examined the instant review are consistent with above, U&A Belgium classified all its the selling functions performed for the those reported in the prior exported sales of SSPC as CEP sales. seven customer categories and found administrative review of SSPC from

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Belgium, in which case the Department section 772(d)(1)(D) of the Act. For a Public Comment determined that U&A Belgium sold detailed discussion, see ‘‘Sales Pursuant to 19 CFR 351.224(b), the through only one LOT in the U.S. Calculation Memorandum.’’ Department will disclose to parties to market. See Memorandum entitled Currency Conversion the proceeding any calculations ‘‘Analysis for Ugine & ALZ, N.V. performed in connection with these We made currency conversions Belgium (U&A Belgium) for the preliminary results within five days pursuant to 19 CFR 351.415 based on Preliminary Results of the Fifth after the date of publication of this the exchange rates certified by the Administrative Review of Stainless notice. Pursuant to 19 CFR 351.309, Federal Reserve Bank. Steel Plate in Coils (SSPC) from interested parties may submit written Belgium,’’ dated May 31, 2005, at 2. Preliminary Results of Review comments in response to these U&A Belgium and its affiliated agent preliminary results. Unless extended by for global sale and distribution of We preliminarily determine that for the period May 1, 2006, through April the Department, case briefs are to be stainless steel flat products produced in submitted within 30 days after the date Belgium and France, U&A S.A., perform 30, 2007, the following dumping margin exists: of publication of this notice, and all home market selling activities. rebuttal briefs, limited to arguments Selling functions for the U.S. market, as Margin raised in case briefs, are to be submitted indicated above, are primarily Manufacturer/Exporter (percent) no later than five days after the time performed by AS USA, with the limit for filing case briefs. Parties who exception of two selling functions U&A Belgium ...... 12.68 submit arguments in this proceeding are handled solely by U&A Belgium, and requested to submit with the argument: two selling functions that are performed Duty Assessment and Cash Deposit (1) a statement of the issues, and (2) a jointly by Arcelor Stainless Requirements brief summary of the argument. Case International (ASI), AS USA, and U&A The Department shall determine, and and rebuttal briefs must be served on S.A. We compared the U.S. and home interested parties in accordance with 19 market LOTs and preliminarily CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.303(f). determined that, after eliminating from Also, pursuant to 19 CFR 351.310(c), consideration selling functions CFR 351.212(b), the Department calculates an assessment rate for each within 30 days of the date of publication performed by AS USA (pursuant to of this notice, interested parties may section 772(d) of the Act), U&A importer of the subject merchandise for each respondent. The Department will request a public hearing on arguments Belgium’s home market LOT is at a to be raised in the case and rebuttal more advanced stage of distribution issue appropriate assessment instructions directly to CBP within 15 briefs. Unless the Secretary specifies than the CEP LOT. Due to the otherwise, the hearing, if requested, will proprietary nature of the discussion, see days of publication of the final results of this review. be held two days after the date for the ‘‘Sales Calculation Memorandum’’ submission of rebuttal briefs. Parties for additional detail. Furthermore, the following cash deposit rates will be effective with will be notified of the time and location. We then considered whether we The Department will publish the final could make a LOT adjustment. In this respect to all shipments of SSPC from results of this administrative review, case, U&A Belgium only sold at one Belgium entered, or withdrawn from including the results of its analysis of LOT in the comparison market; warehouse, for consumption on or after issues raised in any case or rebuttal therefore, there is no information the publication date of the final results, brief, no later than 120 days after available to determine a pattern of as provided for by section 751(a)(1) of publication of these preliminary results, consistent price differences between the the Act: (1) For U&A Belgium, the cash unless extended. See 19 CFR 351.213(h). sales on which NV is based and the deposit rate will be the rate established comparison market sales at the LOT of in the final results of this review; (2) for Notification to Importers the export transaction, in accordance previously reviewed or investigated companies not listed above, the cash This notice serves as a preliminary with the Department’s normal reminder to importers of their methodology as described above. See 19 deposit rate will be the company- specific rate established for the most responsibility under 19 CFR 351.402(f) CFR 351.412(d). Further, we do not have to file a certificate regarding the record information which would allow recent period; (3) if the exporter is not a firm covered in this review, a prior reimbursement of antidumping duties us to examine pricing patterns based on prior to liquidation of the relevant the respondent’s sales of other products, review, or the less-than-fair-value (LTFV) investigation, but the entries during this review period. and there are no other respondents or Failure to comply with this requirement other record information on which such manufacturer is, the cash deposit rate will be the rate established for the most could result in the Secretary’s an analysis could be based. presumption that reimbursement of Accordingly, because only one LOT recent period for the manufacturer of the subject merchandise; and (4) if antidumping duties occurred and the exists in the home market we could not subsequent assessment of double make a LOT adjustment. However, neither the exporter nor the manufacturer is a firm covered by this antidumping duties. because the LOT in the comparison These preliminary results of this review, a prior review, or the LTFV market is at a more advanced stage of administrative review and notice are investigation, the cash deposit rate shall distribution than the LOT of the CEP issued and published in accordance be the all-others rate established in the transactions, we made a CEP offset with sections 751(a)(1) and 777(i)(1) of LTFV investigation, which is 9.86 adjustment in accordance with section the Act. 773(a)(7)(B) of the Act and 19 CFR percent. See Notice of Final 351.412(f). This offset is equal to the Determination of Sales at Less Than Dated: May 30, 2008. amount of indirect selling expenses Fair Value: Stainless Steel Plate in Coils David M. Spooner, incurred in the comparison market not From Belgium, 64 FR 15476 (March 31, Assistant Secretary for Import exceeding the amount of indirect selling 1999). These deposit rates, when Administration. expenses and commissions deducted imposed, shall remain in effect until [FR Doc. E8–12779 Filed 6–5–08; 8:45 am] from the U.S. price in accordance with further notice. BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE countervailing duty order. See or less of carbon and 10.5 percent or Antidumping or Countervailing Duty more of chromium, with or without International Trade Administration Order, Finding, or Suspended other elements. The subject plate [C–423–809] Investigation; Opportunity to Request products are flat-rolled products, 254 Administrative Review, 72 FR 23796, mm or over in width and 4.75 mm or Stainless Steel Plate in Coils From 23797 (May 1, 2007). On May 31, 2007, more in thickness, in coils, and Belgium: Preliminary Results of we received a request for review from annealed or otherwise heat treated and Countervailing Duty Administrative U&A.1 In accordance with 19 CFR pickled or otherwise descaled. The Review 351.221(c)(1)(i) (2004), we published a subject plate may also be further notice of initiation of the review on June processed (e.g., cold-rolled, polished, AGENCY: Import Administration, 29, 2007. See Initiation of Antidumping etc.) provided that it maintains the International Trade Administration, and Countervailing Duty Administrative specified dimensions of plate following Department of Commerce. Reviews, Request for Revocation in Part such processing. Excluded from the SUMMARY: The Department of Commerce and Deferral of Administrative Review, scope of this order are the following: (1) is conducting an administrative review 72 FR 35690, 35693 (June 29, 2007) Plate not in coils, (2) plate that is not of the countervailing duty order on (‘‘Initiation Notice’’). annealed or otherwise heat treated and stainless steel plate in coils from On July 13, 2007, we issued pickled or otherwise descaled, (3) sheet Belgium for the period January 1, 2006, countervailing duty questionnaires to and strip, and (4) flat bars. through December 31, 2006. We the Government of Belgium (‘‘GOB’’), preliminarily find that Ugine & ALZ the Commission of the European Union The merchandise subject to this order Belgium received countervailable (‘‘EC’’), and U&A. We received is currently classifiable in the subsidies during the period of review. If responses to these questionnaires on Harmonized Tariff Schedule of the these preliminary results are adopted in September 21, and 24, 2007. On April United States (‘‘HTSUS’’) at our final results of this review, we will 3, 2008, we issued supplemental subheadings: 7219.11.00.30, instruct the U.S. Customs and Border questionnaires to the GOB and U&A. We 7219.11.00.60, 7219.12.00.05, Protection to assess countervailing issued a further supplemental 7219.12.00.06, 7219.12.00.20, duties as detailed in the ‘‘Preliminary questionnaire to U&A on April 24, 2008. 7219.12.00.21, 7219.12.00.25, Results of Review’’ section of this We received a response from U&A for 7219.12.00.26, 7219.12.00.50, notice. Interested parties are invited to both supplemental questionnaires on 7219.12.00.51, 7219.12.00.55, comment on these preliminary results. April 28, 2008. The GOB requested an 7219.12.00.56, 7219.12.00.65, See the ‘‘Public Comment’’ section of extension to file its supplemental 7219.12.00.66, 7219.12.00.70, this notice. response, which we granted. The GOB, 7219.12.00.71, 7219.12.00.80, 7219.12.00.81, 7219.31.00.10, EFFECTIVE DATE: June 6, 2008. however, did not respond to the supplemental questionnaire by the 7219.90.00.10, 7219.90.00.20, FOR FURTHER INFORMATION CONTACT: 7219.90.00.25, 7219.90.00.60, David Neubacher or Alicia Winston, extended deadline. We issued additional supplemental questionnaires 7219.90.00.80, 7220.11.00.00, AD/CVD Operations, Office 1, Import 7220.20.10.10, 7220.20.10.15, Administration, U.S. Department of to U&A on May 1, and 8, 2008, and received responses to our supplemental 7220.20.10.60, 7220.20.10.80, Commerce, 14th Street and Constitution 7220.20.60.05, 7220.20.60.10, Avenue, NW., Washington, DC 20230; questionnaires on May 8, 13, 2008, and 16, 2008. 7220.20.60.15, 7220.20.60.60, telephone: (202) 482–5823 and (202) 7220.20.60.80, 7220.90.00.10, 482–1785, respectively. On May 20, 2008, Allegheny Ludlum Corporation; North American Stainless; 7220.90.00.15, 7220.90.00.60, and SUPPLEMENTARY INFORMATION: United Auto Workers Local 3303; 7220.90.00.80. Although the HTSUS Background Zanesville Arco Independent subheadings are provided for convenience and customs purposes, the On May 11, 1999, the Department of Organization; and the United Steelworkers of America, AFL–CIO/CLC Department’s written description of the Commerce (‘‘the Department’’) scope of this order remains dispositive. published a countervailing duty order (collectively, ‘‘the petitioners’’) on stainless steel plate in coils (‘‘SSPC’’) submitted comments for consideration This scope language reflects the from Belgium. See Notice of Amended in the preliminary results. We received March 11, 2003, amendment of the Final Determinations: Stainless Steel a response from U&A to petitioners’ pre- antidumping and countervailing duty Plate in Coils from Belgium and South preliminary comments on May 22, 2008. orders and suspension of liquidation Africa; and Notice of Countervailing On January 9, 2008, we published a which the Department implemented in Duty Orders: Stainless Steel Plate in postponement of the preliminary results accordance with the Court of Coils from Belgium, Italy and South in this review until May 30, 2008. See International Trade (‘‘CIT’’) decision in Africa, 64 FR 25288 (May 11, 1999) Stainless Steel Plate in Coils from Allegheny Ludlum v. United States, Slip (‘‘CVD Order’’). On March 11, 2003, as Belgium: Extension of Time Limit for Op. 02–147 (Dec. 12, 2002). See, also, a result of litigation, the Department Preliminary Results of Countervailing Notice of Amended Antidumping published an amended countervailing Duty Administrative Review, 73 FR 1599 Orders; Certain Stainless Steel Plate in duty order on stainless steel plate in (January 9, 2008). Coils from Belgium, Canada, Italy, the coils from Belgium. See Notice of Scope of the Order Republic of Korea, South Africa, and Amended Countervailing Duty Orders; Taiwan, 68 FR 11520 (March 11, 2003) The products covered by this order and Amended CVD Order. Certain Stainless Steel Plate in Coils are imports of certain stainless steel From Belgium, Italy, and South Africa, plate in coils. Stainless steel is an alloy Period of Review 68 FR 11524 (March 11, 2003) steel containing, by weight, 1.2 percent (‘‘Amended CVD Order’’). On May 1, The period for which we are 2007, the Department published a notice 1On June 20, 2007, Ugine & ALZ Belgium measuring subsidies, i.e., the period of of ‘‘Opportunity to Request (‘‘U&A’’) provided a letter to the Department stating review (‘‘POR’’), is January 1, 2006, Administrative Review’’ for this that the company was formerly ALZ N.V. (‘‘ALZ’’). through December 31, 2006.

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Use of Facts Otherwise Available granted the GOB’s request, but the GOB and accompanying Issues and Decision Sections 776(a)(1) and (2) of the Act, did not file a response by the May 19, Memorandum at Comment 2 provide that the Department shall apply 2008, deadline. On May 23, 2008, the (‘‘Pistachios from Iran 2008’’), that ‘‘facts otherwise available’’ if, inter alia, Department received a letter from the where the foreign government fails to necessary information is not on the GOB stating it was still working on adequately respond to the Department’s record or an interested party or any providing a response to the questionnaires, the Department’s other person: (A) Withholds information supplemental questions and would practice is to apply adverse inferences that has been requested; (B) fails to submit an answer as soon as it becomes and assume the alleged subsidy provide information within the available. programs constitute a financial Thus, in reaching our finding for the deadlines established, or in the form contribution and are specific within the preliminary results, pursuant to sections and manner requested by the meaning of sections 771(5)(D) and 776(a)(2)(A) and (C) of the Act, we are Department, subject to subsections (c)(1) 771(5A) of the Act, respectively. relying on facts otherwise available to However, if information on the record and (e) of section 782 of the Act; (C) determine the countervailable subsidy indicates that the respondent did not significantly impedes a proceeding; or conferred by the GOB under the use the program, the Department will (D) provides information that cannot be ‘‘Industrial Reconversion Zones’’ and find the program not used, regardless of verified as provided by section 782(i) of both ‘‘Economic Expansion Law of whether the foreign government the Act. 1970’’ programs. Where the Department determines participated to the best of its ability. Section 776(b) of the Act further In its September 24, 2007, that a response to a request for provides that the Department may use questionnaire response, the GOB and information does not comply with the an adverse inference in applying the U&A responded fully to the request, section 782(d) of the Act facts otherwise available when a party Department’s questions regarding provides that the Department will so has failed to cooperate by not acting to potential subsidy programs during the inform the party submitting the the best of its ability to comply with a POR. In a subsequent supplemental response and will, to the extent request for information. Section 776(b) questionnaire to the GOB, the practicable, provide that party the of the Act also authorizes the Department asked the GOB to confirm opportunity to remedy or explain the Department to use as adverse facts that U&A did not receive benefits during deficiency. If the party fails to remedy available (‘‘AFA’’) information derived the AUL period for programs under the the deficiency within the applicable from the petition, the final ‘‘Industrial Reconversion Zones’’ and time limits and subject to section 782(e) determination, a previous both ‘‘Economic Expansion Law of of the Act, the Department may administrative review, or other 1970’’ programs. Upon examination of disregard all or part of the original and information placed on the record. the programs listed under each of these subsequent responses, as appropriate. Section 776(c) of the Act provides headings, we note that several of the Section 782(e) of the Act provides that that, when the Department relies on programs described are recurring the Department ‘‘shall not decline to secondary information rather than on subsidy programs that are associated consider information that is submitted information obtained in the course of an with tax programs (Industrial by an interested party and is necessary investigation or review, it shall, to the Reconversion Zones: Albufin and to the determination but does not meet extent practicable, corroborate that Regional Subsidies under the Economic all applicable requirements established information from independent sources Expansion Law of 1970 (GOB): Real by the administering authority’’ if the that are reasonably at its disposal. Estate Tax Exemption and Accelerated information is timely, can be verified, is Secondary information is defined as Depreciation). As such, we have not so incomplete that it cannot be used, ‘‘{i}nformation derived from the examined U&A’s responses on these and if the interested party acted to the petition that gave rise to the programs and find that statements by best of its ability in providing the investigation or review, the final U&A in its questionnaire and information. Where all of these determination concerning the subject supplemental questionnaire responses conditions are met, the statute requires merchandise, or any previous review regarding the use of these programs the Department to use the information if under section 751 concerning the during the POR, as well as it can do so without undue difficulties. subject merchandise.’’ See Statement of documentation (e.g., financial In this case, the Department sent a Administrative Action (SAA) statements and U&A’s 2006 tax return) supplemental questionnaire to the GOB accompanying the Uruguay Round on the record, support the company’s seeking confirmation that U&A did not Agreements Act, H. Doc. No. 316, 103d assertion that it did not receive benefits receive benefits during the 15-year Cong., 2d Session (1994) at 870. under these recurring programs in 2006. average useful life of renewable physical Corroborate means that the Department Although the GOB did not respond to assets (‘‘AUL’’) for programs under the will satisfy itself that the secondary the Department’s questions regarding program headings ‘‘Industrial information to be used has probative these programs, the information on the Reconversion Zones;’’ ‘‘Regional value. See SAA at 870. To corroborate record supports U&A’s assertion that it Subsidies under the Economic secondary information, the Department did not use these programs during the Expansion Law of 1970 (GOB)’’ and will, to the extent practicable, examine POR. Therefore, we preliminarily find ‘‘Regional Subsidies under the the reliability and relevance of the that U&A did not receive benefits under Economic Expansion Law of 1970 information to be used. The SAA these programs according to section (Government of Flanders (‘‘GOF’’))’’. emphasizes, however, that the 771(5)(E) of the Act. The GOB, through U&A, requested an Department need not prove that the For the programs under the Regional extension to respond to the selected facts available are the best Subsidies under the 1970 Law (GOF) supplemental questionnaire, which was alternative information. See SAA at 869. (Corporate Income Tax Exemption, granted until April 28, 2008. The GOB The Department states in Certain In- Capital Registration Tax Exemption did not provide a response to the shell Roasted Pistachios from the Government Loan Guarantees, and 1993 supplemental questionnaire by this Islamic Republic of Iran: Final Results Loan Grant programs), the Department deadline, but we received an extension of Countervailing Duty New Shipper found these programs to be not used by request on May 6, 2008. The Department Review, 73 FR 9993 (February 25, 2008), U&A in the investigation and first

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administrative review (the only a complete response to the Department’s evidence relied upon in previous administrative review for which a questionnaire addressing the full AUL segments of this proceeding. request for a review was made). We note period. As no information on the record With respect to the relevance aspect that no new information on the record exists for the program beyond the of corroboration, the Department will contradicts our previous finding of non- original countervailable benefit and consider information reasonably at its use for the above GOF programs. POR of this review, and neither the GOB disposal as to whether there are Moreover, U&A’s submitted nor U&A provided an adequate response circumstances that would render benefit documentation (2006 financial for this program, we find, as adverse data not relevant. Where circumstances statements and 2006 tax returns) facts available, that the GOB conferred indicate that the information is not provides additional support that the a benefit to U&A under the Industrial appropriate as adverse facts available, recurring subsidy programs within this Reconversion Zones: Alfin program, the Department will not use it. See group continue to be not used. during the AUL period, as per section Fresh Cut Flowers from Mexico; Final Therefore, consistent with our previous 771(5)(E) of the Act. We note that Results of Antidumping Duty findings of non-use and no new supplemental questions regarding the Administrative Review, 61 FR 6812 information on the record that U&A use of the above programs during the (February 22, 1996). In the instant case, started to use these programs, we full AUL period were directed only at no evidence has been presented or preliminarily continue to find the the GOB. Therefore, we will issue an obtained which contradicts the programs under the Regional Subsidies additional supplemental questionnaire relevance of the benefit data relied upon under the 1970 Law (GOF) not used. to U&A that will request supporting in previous segments of this proceeding. The remaining program under these documentation regarding the usage of Thus, in the instant case, the headings involves one non-recurring the above programs during the full AUL Department finds that the information program (Industrial Reconversion period. used has been corroborated to the extent Zones: Alfin). The Department found practicable. this program countervailable during the Selection of the Partial Adverse Facts investigation and stated that the benefit Available Rate Changes in Ownership found had been fully allocated by the In deciding which facts to use as Effective June 30, 2003, the end of the first administrative review. In AFA, section 776(b) of the Act and 19 Department adopted a new methodology the GOB’s and U&A’s responses to the CFR 351.308(c)(1) authorize the for analyzing privatizations in the Department regarding this program, Department to rely on information countervailing duty context. See Notice both parties stated that the benefit the derived from (1) the petition, (2) a final of Final Modification of Agency Practice Department found countervailable had determination in the investigation, (3) Under Section 123 of the Uruguay been fully allocated out in the first any previous review or determination, Round Agreements Act, 68 FR 37125 administrative review POR, that the or (4) any information placed on the (June 23, 2003) (‘‘Modification Notice’’). program had not changed, and that no record. It is the Department’s practice to The Department’s new methodology is benefits were provided/received in the select, as AFA, the highest calculated based on a rebuttable ‘‘baseline’’ POR. The GOB and U&A, however, did rate in any segment of the proceeding. presumption that non-recurring, not address whether benefits were See, e.g., Certain In-shell Roasted allocable subsidies continue to benefit conferred upon U&A during the full Pistachios from the Islamic Republic of the subsidy recipient throughout the AUL period. In its supplemental Iran: Final Results of Countervailing allocation period (which normally Duty Administrative Review, 71 FR questionnaire to the GOB, the corresponds to the AUL of the 66165 (November 13, 2006), and Department attempted to clarify those recipient’s assets). Id., at 37127. accompanying Issues and Decision statements and confirm that no benefits However, an interested party may rebut Memorandum at ‘‘Analysis of were provided to U&A for the full AUL this baseline presumption by Programs.’’ Therefore, the Department period. The GOB did not respond to the demonstrating that, during the has preliminarily assigned the first supplemental questionnaire, and as allocation period, a change in administrative review rate of 0.17% (the stated above, U&A only provided an ownership occurred in which the former highest calculated rate for the program incomplete answer in its questionnaire owner sold all or substantially all of a during any previous segment) subsidy response. Thus, the Department has no company or its assets, retaining no rate to the ‘‘Industrial Reconversion information on the record from which to control of the company or its assets, and analyze whether the GOB provided Zones: Alfin’’ program. In order to that the sale was an arm’s-length additional benefits to U&A under this satisfy itself that such information has transaction for fair market value. Id. program over the full AUL period. probative value, the Department will In selecting from among the facts examine, to the extent practicable, the U&A’s ownership changed during the available for U&A, the Department has reliability and relevance of the AUL period as a result of mergers and determined that an adverse inference is information used. With regard to the ownership changes. However, during warranted, pursuant to section 776(b) of reliability aspect of corroboration, the current administrative review, U&A the Act. The Department preliminarily unlike other types of information, such has not attempted to rebut the determines that records relating to as publicly available data on the Department’s baseline presumption that subsidy distribution by the GOB are national inflation rate of a given country the non-recurring, allocable subsidies records that are, or should be kept by or national average interest rates, there received prior to any changes in both the GOB and U&A. Further, by typically are no independent sources for ownership continue to benefit the failing to submit a response to the data on company-specific benefits company throughout the allocation Department’s supplemental CVD resulting from countervailable subsidy period. See U&A’s September 24, 2007, questionnaire, we preliminarily programs. The only source for such questionnaire response at pages 12–13. determine that the GOB did not information normally is administrative Subsidies Valuation Information cooperate to the best of its ability in determinations. providing pertinent information on non- In the instant case, no evidence has Responding Producers recurring programs over the full AUL been presented or obtained which In earlier proceedings, we found that period. Further, U&A failed to provide contradicts the reliability of the ALZ N.V.’s (‘‘ALZ’s’’) parent company,

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Sidmar N.V. (‘‘Sidmar’’), owned either recurring subsidies over 19 years for accelerate the repayment of the CRAs. directly or indirectly 100 percent of Sidmar. As we noted at the time, this Later, in July 1988, an agreement was ALZ’s voting shares and was the overall methodology was consistent with our reached for the government agency majority shareholder of U&A Belgium. approach in Certain Carbon Steel Nationale Maatschappig voor de See Final Affirmative Countervailing Products from Sweden; Final Results of Herstructurering van de Nationale Duty Determination; Stainless Steel Countervailing Duty Administrative Sectoren (‘‘NMNS’’) to become a Plate in Coils from Belgium, 64 FR Review, 62 FR 16549 (April 7, 1997) and shareholder in SidInvest by contributing 15567 (March 31, 1999) (‘‘SSPC from Certain Pasta from Italy: Final Results of the CRAs owed to the government by Belgium Investigation’’); Stainless Steel Third Countervailing Duty SidInvest in exchange for SidInvest Plate in Coils from Belgium: Final Administrative Review, 66 FR 11269 stock. The Sidmar Group then Results of Countervailing Duty (February 23, 2001) and accompanying repurchased the SidInvest shares Administrative Review, 66 FR 45007 Issues and Decision Memorandum at obtained by NMNS. Id. (August 27, 2001), and accompanying ‘‘Allocation Period.’’ See SSPC from We determined that this program Issues and Decision Memorandum Belgium First Review, and conferred a countervailable subsidy (‘‘SSPC from Belgium First Review’’). accompanying Issues and Decision within the meaning of section 771(5) of Therefore, in accordance with section Memorandum at Comment 2. the Tariff Act of 1930, as amended (‘‘the 351.525(a)(6)(iii) of the Department’s During the current administrative Act’’). Id. This program provided a regulations, because ALZ was a fully review, U&A has not commented on the financial contribution as described in consolidated subsidiary of Sidmar, any Department’s use of the 15-year AUL section 771(5)(D)(i) of the Act. Id. untied subsidies provided to Sidmar are period or the use of a 19-year AUL for Moreover, because the right to establish attributable to ALZ. Sidmar’s non-recurring subsidies ‘‘Invests’’ (and, consequently, any In the current review, U&A provided received by the company in the forgiveness of loans given to the Invests) evidence on the record that it is wholly investigation. For the preliminary was limited to the five national sectors, owned by Arcelor and that Sidmar results, we will continue to employ our we determined that the program was transferred shares to Arcelor pursuant to previous methodology and use the 15- specific under section 771(5A)(D)(i) of the 2002 merger of Sidmar’s parent, year AUL for U&A and allocate any non- the Act. Id. In this administrative Arbed, with Aceralia and Usinor. recurring subsidies received by Sidmar review, no new information has been Certain details of this transfer are in the investigation over the 19-year placed on the record which would proprietary in nature and are discussed AUL. warrant reconsideration of this in U&A’s Calculation Memo. See determination. Memorandum to Susan Kuhbach, Benchmarks for Discount Rate To measure the benefit arising from Director, regarding ‘‘Calculations for the Because Sidmar did not obtain long- the events of July 29, 1988, we have Preliminary Results for U&A Belguim’’ term commercial loans in the year in deducted from SidInvest’s outstanding (May 30, 2008) (‘‘U&A’s Calculation which the grant was received, as indebtedness the cash received by the Memo’’). Based on the information described in section 351.505(a)(2)(iii), GOB. We have treated the remainder as provided, we preliminary find it we used a national average rate for long- a grant and allocated the benefit over appropriate to attribute any non- term, fixed-rate debt as the discount Sidmar’s 19-year AUL. We divided the recurring subsidy benefits provided to rate. See section 351.505(a)(3)(ii) of the total benefit attributable to 2006 by U&A Sidmar and that are still outstanding Department’s regulations. Belgium’s total sales during 2006. On during the POR to U&A’s sales. this basis, we preliminarily determine Analysis of Programs Allocation Period the countervailable subsidy for 2006 to be 0.31 percent ad valorem. In SSPC from Belgium Investigation, I. Program Previously Determined To Confer Subsidies in accordance with a CIT decision, we Industrial Reconversion Zones: Alfin calculated company-specific allocation We examined the following program As noted in the ‘‘Use of Facts periods for non-recurring subsidies determined to confer subsidies in the Otherwise Available ’’section above, we using company-specific AUL data. See investigation and the first preliminarily find U&A to have British Steel plc v. United States, 929 F. administrative review and preliminarily benefitted from the Industrial Supp. 426, 439 (CIT 1996). We find that U&A continued to receive Reconversion Zones: Alfin program determined that the AUL for ALZ was benefits under this program during the during the POR in the amount of 0.17 15 years, and that the AUL for Sidmar POR. percent. was 19 years. See SSPC from Belgium, SidInvest 64 FR at 15568. II. Programs Preliminarily Determined In the first administrative review, the SidInvest was incorporated on August To Be Not Used Department adopted new CVD 31, 1982, as a holding company jointly We examined the following programs regulations, which were applicable to owned by Sidmar and the Societe and preliminarily determine that U&A the review, and determined to use a 15- Nationale d’Investissement, S.A. did not apply for or receive benefits year AUL for the review including any (‘‘SNI’’) (a government financing under these programs during the POR: new subsidies received by Sidmar. See agency). SidInvest was given drawing SSPC from Belgium First Review, and rights on SNI to finance specific A. Government of Belgium Programs accompanying Issues and Decision projects. The drawing rights took the 1. Subsidies Provided to Sidmar That Memorandum at Comment 2. However, form of conditional refundable advances Are Potentially Attributable to ALZ: with respect to non-recurring subsidies (‘‘CRAs’’), which were interest-free, but a. Water Purification Grants received prior to the first administrative repayable to SNI based on a company’s 2. Societe Nationale pour la review which had already been profitability. See SSPC From Belgium Reconstruction des Secteurs countervailed and allocated based on an Investigation, 64 FR at 15572. Nationaux allocation period established in SSPC SidInvest made periodic repayments 3. Regional subsidies under the 1970 from Belgium Investigation, we of the CRAs it had drawn from SNI. Law Investment and Interest continued to allocate those non- However, in 1987, the GOB moved to Subsidies

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4. Regional Subsidies under the revised data and to issue an interim See 19 CFR 351.309(c)(ii). Rebuttal Economic Expansion Law of 1970 analysis describing our preliminary briefs, limited to issues raised in case a. Expansion Real Estate Tax findings with respect to these items briefs, may be filed not later than five Exemption before the final results so that parties days after the date of filing the case b. Accelerated Depreciation will have the opportunity to comment. briefs. See 19 CFR 351.309(d). Parties 5. Reduced Social Security Preliminary Results of Review who submit briefs in this proceeding Contributions Pursuant to the should provide a summary of the Maribel Scheme (Article 35 of the In accordance with 19 CFR arguments not to exceed five pages and Law of June 29, 1981) 351.221(b)(4)(i), we calculated an a table of statutes, regulations, and cases 6. 1987 ALZ Common Share individual subsidy rate for U&A, the cited. See 19 CFR 351.309(c)(2) and Transaction Between the GOB and only producer/exporter subject to this (d)(2). Copies of case briefs and rebuttal Sidmar (also identified as 1985 ALZ administrative review. For the period briefs must be served on interested Share Subscriptions and January 1, 2006, through December 31, parties in accordance with 19 CFR Subsequent Transactions in the 2006, we preliminarily determine the 351.303(f). CVD Order) net subsidy rate for U&A to be 0.48 Interested parties may request a 7. Industrial Reconversion Zones: percent ad valorem. This rate is less hearing within 30 days after the date of a. Albufin than 0.5 percent. Consequently, if these publication of this notice. See 19 CFR 8. Belgian Industrial Finance Company preliminary results are adopted in our 351.310(c). Unless otherwise specified, (‘‘Belfin’’) Loans final results of this review, the the hearing, if requested, will be held 9. Societe Nationale de Credite a Department will instruct CBP to two days after the scheduled date for 2 l’Industrie (‘‘SNCI’’) Loans liquidate shipments of SSPC by U&A submission of rebuttal briefs. See 19 10. Conversion of Sidmar’s Debt to entered or withdrawn from warehouse, CFR 351.310(d)(1). Equity (OCPC-to-PB) in 1985 for consumption from January 1, 2006, The Department will publish a notice through December 31, 2006, without B. Government of Flanders Programs of the final results of this administrative regard to countervailing duties. See 19 review within 120 days from the 1. Regional subsidies under the 1970 CFR 351.106(c)(1). These instructions publication of these preliminary results. Law will be issued fifteen days after See section 751(a)(3)(A) of the Act. a. Corporate Income Tax Exemption publication of the final results of this We are issuing and publishing these b. Capital Registration Tax Exemption review. results in accordance with sections The final results of this review shall c. Government Loan Guarantees 751(a)(1) and 777(i)(1) of the Act. d. 1993 Expansion Grant be the basis for future deposits of 2. Special Depreciation Allowance estimated duties. If the cash deposit rate Dated: May 30, 2008. 3. Preferential Short-Term Export Credit calculated in the final results is zero or David M. Spooner, 4. Interest Rate Rebates de minimis, no cash deposit will be Assistant Secretary for Import required. The cash deposit requirement, Administration. C. Programs of the European when imposed, shall remain in effect [FR Doc. E8–12777 Filed 6–5–08; 8:45 am] Commission until further notice. BILLING CODE 3510–DS–P 1. ECSC Article 54 Loans and Interest We will instruct CBP to continue to Rebates collect cash deposits for non-reviewed 2. ECSC Article 56 Conversion Loans, companies covered by this order at the DEPARTMENT OF COMMERCE Interest Rebates and Redeployment most recent company-specific rate Aid applicable to the company. Accordingly, National Oceanic and Atmospheric 3. European Social Fund Grants the cash deposit rate that will be Administration 4. European Regional Development applied to non-reviewed companies RIN 0648–XI31 Fund Grants covered by this order will be the rate for 5. Resider II Program that company established in the Marine Mammals; File Nos. 715–1706 investigation or most recent and 545–1761 III. Issues for Which More Information Is administrative review. See CVD Order. Required The ‘‘all others’’ rate shall apply to all AGENCY: National Marine Fisheries On May 1, 2008, the Department non-reviewed companies that have not Service (NMFS), National Oceanic and sought information from U&A received an individual rate. Atmospheric Administration (NOAA), concerning amounts appearing in its Commerce. Public Comment 2005 and 2006 financial statements. ACTION: Notice; receipt of applications U&A submitted some requested Interested parties may submit written for amendments. information on May 8, 2008, and May arguments in case briefs within 30 days 13, 2008. In addition, in its May 22, of the date of publication of this notice. SUMMARY: Notice is hereby given that 2008, response to petitioners’ pre- Fred Sharpe, Ph.D., Alaska Whale preliminary comments, U&A stated that 2 During the current review U&A has placed the Foundation, 4739 University Way NE, following information on the record. In 2002, ALZ #1239, Seattle, Washington 98105 has it had inadvertently not included all of in Belgium merged with Ugine, a French producer its divisions and cross-owned of stainless steel sheet and strip, to become U&A. requested an amendment to scientific companies in its submitted total sales The Department has reviewed the information research Permit No. 751–1706–00; and and export data. After reviewing the provided by U&A with regard to the merger and North Gulf Oceanic Society (Craig O. evaluated the company and its affiliates for receipt Matkin, Principal Investigator), 2030 provided documentation, we have of countervailable subsidies. In addition, we have determined that we do not have reviewed entry data provided by U.S. Customs and Mary Allen Avenue, Homer, AK 99603 sufficient information at this time to Border Protection (‘‘CBP’’) to confirm that U&A is has requested an amendment to Permit make a finding on these amounts or the the only manufacturer of subject merchandise No. 545–1761–00. exported from Belgium during the period of review. DATES: revised sales value and export data. Therefore, for countervailing duty review purposes, Written, telefaxed, or e-mail Therefore, we intend to seek further we will consider ALZ to be U&A for cash deposit comments must be received on or before information on these amounts and and assessment purposes. July 7, 2008.

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ADDRESSES: The amendment requests opportunistic photo-identification and blowhole-dorsal and full body length, and related documents are available for behavioral observation of killer whales which can be used to construct a review upon written request or by (Orcinus orca). Research occurs in the regression to describe this relationship. appointment in the following office(s): waters of southeastern Alaska including Concurrent with the publication of Permits, Conservation and Education Chatham Strait, Dixon Entrance, Cross this notice in the Federal Register, Division, Office of Protected Resources, Sound, and Icy Strait and the waters of NMFS is forwarding copies of this NMFS, 1315 East-West Highway, Room Washington state. The permit expires on application to the Marine Mammal 13705, Silver Spring, MD 20910; phone June 30, 2009. Commission and its Committee of (301)713–2289; fax (301)427–2521; and The permit holder requests Scientific Advisors. Alaska Region, NMFS, P.O. Box authorization to use a novel filming Dated: June 2, 2008. technique, a mini-helicopter, during an 21668, Juneau, AK 99802–1668; phone P. Michael Payne, (907)586–7221; fax (907)586–7249. opportunistic, limited time period in Written comments or requests for a southeast Alaska during July and Chief, Permits, Conservation and Education August 2008. The applicant indicates Division, Office of Protected Resources, public hearing on this request should be National Marine Fisheries Service. submitted to the Chief, Permits, that the use of the mini-helicopter [FR Doc. E8–12716 Filed 6–5–08; 8:45 am] Conservation and Education Division, would provide information that could F/PR1, Office of Protected Resources, be used for: (1) predicting energetic BILLING CODE 3510–22–S NMFS, 1315 East-West Highway, Room models of lunge-feeding humpback whales; (2) discerning physical 13705, Silver Spring, MD 20910. Those DEPARTMENT OF COMMERCE individuals requesting a hearing should positioning to determine whether lunge- set forth the specific reasons why a feeding whales maintain specialized National Oceanic and Atmospheric hearing on this particular amendment positions; and (3) studying the Administration request would be appropriate. functional morphology of engulfment Comments may also be submitted by feeding. Such information would RIN 0648–XH63 complement the already permitted facsimile at (301)427–2521, provided Permits; Foreign Fishing the facsimile is confirmed by hard copy behavioral study of lunge-feeding submitted by mail and postmarked no humpback whales. Based on video AGENCY: National Marine Fisheries later than the closing date of the documentation of the use of the mini- Service (NMFS), National Oceanic and comment period. helicopter to film humpback whales in Atmospheric Administration (NOAA), Comments may also be submitted by foreign waters, this technique is not Commerce. e-mail. The mailbox address for expected to result in added harassment ACTION: Notice of receipt of foreign providing e-mail comments is to the whales, and in fact, is expected fishing application; reopening of [email protected]. Include to reduce potential harassment from comment period. in the subject line of e-mail comments boat approaches. the following document identifiers: File Permit No. 545–1761–00 authorizes SUMMARY: NMFS reopens the public No. 716–1705 (Fred Sharpe) or File No. the North Gulf Oceanic Society to review and comment period that closed 545–1761 (North Gulf Oceanic Society). conduct population studies on May 30, 2008, for information regarding numerous cetacean species with a FOR FURTHER INFORMATION CONTACT: a foreign fishing application submitted particular emphasis on killer whales. under provisions of the Magnuson- Amy Sloan or Carrie Hubard, (301)713– The research focuses on the study of: (1) 2289. Stevens Fishery Conservation and mating and social systems and feeding Management Act (Magnuson-Stevens SUPPLEMENTARY INFORMATION: The behavior of killer whales; and (2) diving Act). subject amendments to Permit No. 716– behavior, feeding, movement and DATES: 1705–00, issued on June 30, 2004, and contaminant loads of several cetacean Comments must be received by Permit No. 545–1761–00 issued on species. Takes may occur by close June 20, 2008. September 16, 2005, are requested approach for vessel surveys, photo- ADDRESSES: Send comments or requests under the authority of the Marine identification, behavioral observation, for a copy of the application to NMFS, Mammal Protection Act of 1972, as passive acoustic recording, tagging, Office of International Affairs, 1315 amended (16 U.S.C. 1361 et seq.), the biopsy sampling, export of parts, and East-West Highway, Silver Spring, MD regulations governing the taking and incidental harassment. Research takes 20910. importing of marine mammals (50 CFR place in waters off Alaska, including Comments on this notice may also be part 216), the Endangered Species Act of Glacier Bay/Icy Strait, Sitka Sound, submitted by e-mail to 1973, as amended (16 U.S.C. 1531 et Prince William Sound, Kenai Fjords, [email protected]. Include seq.), and the regulations governing the Resurrection Bay, Eastern Aleutian in the subject line the following taking, importing, and exporting of chain, and Kodiak Island. The permit document identifier: RIN 0648–XH63. endangered and threatened species (50 expires on September 15, 2010. FOR FURTHER INFORMATION CONTACT: CFR 222–226). The permit holder requests Christopher Rogers, Office of Permit No. 716–1705–00 authorizes authorization to use the same mini- International Affairs, (301) 713–9090. Dr. Sharpe to conduct research on the helicopter, during an opportunistic, SUPPLEMENTARY INFORMATION: behavior, social structure, and foraging limited time period in Alaska during ecology of North Pacific humpback August/September 2008. The mini- Background whales (Megaptera novaeangliae), helicopter would be used to measure Section 204(d) of the Magnuson- including close approach for photo- total body length of killer whales in Stevens Act (16 U.S.C. 1824(d)) identification and behavioral order to assess individual growth, make provides, among other things, that the observation, takes by acoustic population size comparisons, and model Secretary of Commerce (Secretary) may recordings and playbacks of conspecific the energetic requirements of killer issue a transshipment permit which sound, and takes by suction cup tagging whales. Data obtained from the mini- authorizes a vessel other than a vessel with Crittercam/TDR dive tags. Dr. helicopter would allow researchers to of the United States to engage in fishing Sharpe is also permitted to conduct obtain proportional measurements of consisting solely of transporting fish or

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fish products at sea from a point within DEPARTMENT OF COMMERCE Atlantic Shark Identification Workshop the U.S. Exclusive Economic Zone (EEZ) Effective December 31, 2007, an National Oceanic and Atmospheric or, with the concurrence of a state, Atlantic shark dealer may not receive, Administration within the boundaries of that state to a purchase, trade, or barter for Atlantic point outside the United States. In RIN 0648–XI22 shark unless a valid Atlantic Shark addition, Public Law 104–297, sec. Identification Workshop certificate is on 105(e) directs the Secretary to issue Schedules for Atlantic Shark the premises of each business listed section 204(d) permits for up to 14 Identification Workshops and under the shark dealer permit (71 FR Canadian transport vessels to receive Protected Species Safe Handling, 58057; October 2, 2006). Dealers who Atlantic herring harvested by United Release, and Identification Workshops attend and successfully complete a States fishermen within the boundaries AGENCY: National Marine Fisheries workshop will be issued a certificate for of the State of Maine or within the Service (NMFS), National Oceanic and each place of business that is permitted portion of the EEZ east of the line 69 Atmospheric Administration (NOAA), to receive sharks. degrees 30 minutes west and within 12 Commerce. Dealers may send a proxy to an Atlantic Shark Identification Workshop, nautical miles from the seaward ACTION: Notice of public workshops. however, if a dealer opts to send a boundary of that State. SUMMARY: NMFS announces free proxy, the dealer must designate a proxy Section 204(d)(3)(D) of the Magnuson- Atlantic Shark Identification Workshops for each place of business covered by Stevens Act provides that an application and Protected Species Safe Handling, the dealer’s permit. Only one certificate may not be approved until the Secretary Release, and Identification Workshops will be issued to each proxy. A proxy determines that ‘‘no owner or operator to be held in July, August, and must be a person who: is currently of a vessel of the United States which September 2008. Certain fishermen and employed by a place of business has adequate capacity to perform the shark dealers are required to attend a covered by the dealer’s permit; is a transportation for which the application workshop to meet new regulatory primary participant in the is submitted has indicated ... an interest requirements and maintain valid identification, weighing, and/or first in performing the transportation at fair permits. The Atlantic Shark receipt of fish as they are offloaded from and reasonable rates.’’ NMFS is Identification Workshop is mandatory a vessel; and fills out dealer reports. publishing this notice as part of its effort for all federally permitted Atlantic shark Additionally, after December 31, 2007, to make such a determination with dealers. The Protected Species Safe an Atlantic shark dealer may not renew respect to the application described Handling, Release, and Identification a Federal shark dealer permit unless a below. Workshop is mandatory for vessel valid Atlantic Shark Identification owners and operators who use bottom Workshop certificate for each business Summary of Application longline, pelagic longline, or gillnet location has been submitted with the gear, and have also been issued shark or permit renewal application. Sixteen free NMFS has received an application swordfish limited access permits. Atlantic Shark Identification Workshops requesting authorization for 11 Additional free workshops will be held were held in 2007. Canadian transport vessels to receive in 2008 and announced in the Federal Workshop Dates, Times, and Locations transfers of herring from U.S. purse Register. harvesting vessels for the purpose of DATES: The Atlantic Shark Identification 1. July 31, 2008, from 9 a.m. – 3 p.m., transporting the herring to processing Workshops will be held July 31, August Center for Coastal Environmental Health plants in Canada. The transshipment 28, and September 16 and 30, 2008. and Biomolecular Research, 219 Fort operations will occur within the The Protected Species Safe Handling, Johnson Road, Charleston, SC 29412. boundaries of the State of Maine or Release, and Identification Workshops 2. August 28, 2008, from 9:30 a.m. – within the portion of the exclusive will be held July 22 and 29, August 27, 3 p.m., George Memorial Library, 1001 economic zone east of the line 69 and September 3, 2008. Golfview Drive, Richmond, TX 77649. degrees 30 minutes west and within 12 See SUPPLEMENTARY INFORMATION for 3. September 16, 2008, from 9 a.m. – 3 p.m., Piggotte Community Center, 504 nautical miles from the seaward further details. Big Tree Road, South Daytona, FL boundary of that State. ADDRESSES: The Atlantic Shark Identification Workshops will be held in 32119. Interested U.S. vessel owners and Charleston, SC; Richmond, TX; and 4. September 30, 2008, from 9 a.m. – operators may obtain a copy of the South Daytona, FL. 3 p.m., Piggotte Community Center, 504 complete application from NMFS (see The Protected Species Safe Handling, Big Tree Road, South Daytona, FL ADDRESSES). Release, and Identification Workshops 32119. Dated: June 2, 2008. will be held in Panama City, FL; Registration Rebecca Lent, Bohemia, NY; Port Aransas, TX; and To register for a scheduled Atlantic Ocean City, MD. Director, Office of International Affairs, Shark Identification Workshop, please See SUPPLEMENTARY INFORMATION for National Marine Fisheries Service. contact Eric Sander by email at further details on workshop locations. [FR Doc. E8–12737 Filed 6–5–08; 8:45 am] [email protected] or by phone at FOR FURTHER INFORMATION CONTACT: Greg (386) 852–8588. BILLING CODE 3510–22–S Fairclough by phone:(727) 824–5399, or by fax: (727) 824–5398. Registration Materials SUPPLEMENTARY INFORMATION: The To ensure that workshop certificates workshop schedules, registration are linked to the correct permits, information, and a list of frequently participants will need to bring the asked questions regarding these following items to the workshop: workshops are posted on the internet at: Atlantic shark dealer permit holders http://www.nmfs.noaa.gov/sfa/hms/ must bring proof that the individual is workshops/. an agent of the business (such as articles

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of incorporation), a copy of the Workshop Dates, Times, and Locations Grandfathered Permit Holders applicable permit, and proof of 1. July 22, 2008, from 9 a.m. – 5 p.m., Participants in the industry– identification. sponsored workshops on safe handling Atlantic shark dealer proxies must Hilton Garden Inn, 1101 North Highway and release of sea turtles that were held bring documentation from the shark 231, Panama City, FL 32405. in Orlando, FL (April 8, 2005) and in dealer acknowledging that the proxy is 2. July 29, 2008, from 9 a.m. – 5 p.m., New Orleans, LA (June 27, 2005) were attending the workshop on behalf of the La Quinta Inn and Suites, Islip issued a NOAA workshop certificate in Atlantic shark dealer, a copy of the MacArthur Airport, 10 Aero Road, December 2006 that is valid for three appropriate permit, and proof of Bohemia, NY 11716. years. Grandfathered permit holders identification. 3. August 27, 2008, from 9 a.m. – 5 must include a copy of this certificate Workshop Objectives p.m., Holiday Inn Express, 727 South when renewing limited access shark and 11th Street, Port Aransas, TX 78373. The shark identification workshops limited access swordfish permits each are designed to reduce the number of 4. September 3, 2008, from 9 a.m. – year. Failure to provide a valid NOAA th unknown and improperly identified 5 p.m., Holiday Inn Oceanfront, 67 workshop certificate may result in a sharks reported in the dealer reporting Street Oceanside, Ocean City, MD permit denial. 21842. form and increase the accuracy of Dated: June 2, 2008. species–specific dealer–reported Registration Emily H. Menashes information. Reducing the number of To register for a scheduled Protected Acting Director, Office of Sustainable unknown and improperly identified Fisheries, National Marine Fisheries Service. Species Safe Handling, Release, and sharks will improve quota monitoring [FR Doc. E8–12711 Filed 6–5–08; 8:45 am] and the data used in stock assessments. Identification Workshop, please contact BILLING CODE 3510–22–S These workshops will train shark dealer Aquatic Release Conservation ((877) permit holders or their proxies to 411–4272), 1870 Mason Ave., Daytona properly identify Atlantic shark Beach, FL 32117. DEPARTMENT OF DEFENSE carcasses. Registration Materials Protected Species Safe Handling, Department of the Army; Corps of To ensure that workshop certificates Release, and Identification Workshop Engineers are linked to the correct permits, Effective January 1, 2007, shark participants will need to bring the Notice of Availability for the Draft limited access and swordfish limited following items with them to the Supplemental Environmental Impact access permit holders must submit a workshop: Statement/Subsequent Environmental copy of their Protected Species Safe Individual vessel owners must bring a Impact Report for the Pacific L.A. Handling, Release, and Identification copy of the appropriate permit(s), a Marine Terminal LLC Crude Oil Workshop certificate in order to renew copy of the vessel registration or Terminal Project, Los Angeles County, either permit (71 FR 58057; October 2, documentation, and proof of CA 2006). As such, vessel owners who have identification. not attended a workshop and received a AGENCY: Department of the Army—U.S. NMFS certificate must attend one of the Representatives of a business owned Army Corps of Engineers, DoD. or co–owned vessel must bring proof workshops offered in July, August, or ACTION: Notice of availability. September 2008 to fish with or renew that the individual is an agent of the either permit. Additionally, new shark business (such as articles of SUMMARY: The U.S. Army Corps of and swordfish limited access permit incorporation), a copy of the applicable Engineers, Los Angeles District applicants must attend a Protected permit(s), and proof of identification. (Regulatory Division), in coordination Species Safe Handling, Release, and Vessel operators must bring proof of with the Port of Los Angeles, has Identification Workshop and must identification. completed a Draft Supplemental submit a copy of their workshop Workshop Objectives Environmental Impact Statement/ certificate before such permits will be Subsequent Environmental Impact issued. The protected species safe handling, Report (SEIS/SEIR) for the Pacific L.A. In addition to certifying permit release, and identification workshops Marine Terminal LLC Crude Oil holders, all longline and gillnet vessel are designed to teach longline and Terminal Project. The Port of Los operators fishing on a vessel issued a gillnet fishermen the required Angeles requires authorization pursuant limited access swordfish or limited techniques for the safe handling and to Section 404 of the Clean Water Act access shark permit are required to release of entangled and/or hooked and Section 10 of the River and Harbor attend a Protected Species Safe protected species, such as sea turtles, Act for a new crude oil marine terminal Handling, Release, and Identification marine mammals, and smalltooth at Berth 408 on Pier 400 including: Workshop. Vessels that have been sawfish. Identification of protected Construction of a new marine terminal issued a limited access swordfish or species will also be taught at these to receive crude oil from marine vessels limited access shark permit may not fish workshops in an effort to improve and transfer the oil to tank farm unless both the vessel owner and reporting. Additionally, individuals facilities via a new 42-inch-diameter, operator have valid workshop attending these workshops will gain a high-volume pipeline; construction of certificates. Vessel operators must better understanding of the two tank farms, Tank Farm Site 1 possess on board the vessel valid requirements for participating in these located on Pier 400 and Tank Farm Site workshop certificates for both the vessel fisheries. The overall goal for these 2 located on Pier 300 at Seaside owner and the operator at all times. workshops is to provide participants the Avenue/ Terminal Way; construction of Seven free Protected Species Safe skills needed to reduce the mortality of new pipelines to connect the new tank Handling, Release, and Identification protected species, which may prevent farm facilities to existing pipeline Workshops were held in 2006, and 34 additional regulations on these fisheries facilities, with the new tank farm were held in 2007. in the future. facilities connected to the existing

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ExxonMobil Southwest Terminal on Budget (OMB) provide interested collection will take place in the 9th year Terminal Island, the existing Ultramar/ Federal agencies and the public an early of the project and will consist of parent Valero Refinery on Anaheim Street near opportunity to comment on information and youth interviews conducted by the Terminal Island Freeway, and to collection requests. OMB may amend or phone or mail.This will be the last Plains All American pipeline systems waive the requirement for public round of data collection for NLTS2 and near Henry Ford Avenue and Alameda consultation to the extent that public will focus primarily on early adulthood, Street via new and existing 36-inch, 24- participation in the approval process including postsecondary education, inch, and 16-inch pipelines, and with would defeat the purpose of the employment, and community all new pipelines installed information collection, violate State or adjustment. belowground, with the exception of the Federal law, or substantially interfere Requests for copies of the proposed water crossings at the Pier 400 causeway with any agency’s ability to perform its information collection request may be bridge and at the Valero utility/pipe statutory obligations. The IC Clearance accessed from http://edicsweb.ed.gov, bridge that crosses the Dominguez Official, Regulatory Information by selecting the ‘‘Browse Pending Channel west of the Ultramar/Valero Management Services, Office of Collections’’ link and by clicking on Refinery. The new tank farm facilities Management, publishes that notice link number 3698. When you access the would provide a total of 4.0 million containing proposed information information collection, click on barrels (bbl) of capacity, primarily collection requests prior to submission ‘‘Download Attachments’’ to view. receiving crude oil, partially refined of these requests to OMB. Each Written requests for information should crude oil, and occasional deliveries of proposed information collection, be addressed to U.S. Department of Marine Gas Oil (MGO). grouped by office, contains the Education, 400 Maryland Avenue, SW., FOR FURTHER INFORMATION CONTACT: following: (1) Type of review requested, LBJ, Washington, DC 20202–4537. Questions or comments concerning the e.g. new, revision, extension, existing or Requests may also be electronically Draft SEIS/SEIR should be directed to reinstatement; (2) Title; (3) Summary of mailed to [email protected] or faxed Dr. Spencer D. MacNeil, Senior Project the collection; (4) Description of the to 202–401–0920. Please specify the Manager, North Coast Branch, need for, and proposed use of, the complete title of the information Regulatory Division, U.S. Army Corps of information; (5) Respondents and collection when making your request. Engineers, P.O. Box 532711, Los frequency of collection; and (6) Comments regarding burden and/or Angeles, CA, 90053–2325, (805) 585– Reporting and/or Recordkeeping the collection activity requirements 2152. burden. OMB invites public comment. should be electronically mailed to The Department of Education is [email protected]. Individuals who SUPPLEMENTARY INFORMATION: The Port especially interested in public comment use a telecommunications device for the of Los Angeles and U.S. Army Corps of addressing the following issues: (1) Is deaf (TDD) may call the Federal Engineers will jointly hold a public this collection necessary to the proper Information Relay Service (FIRS) at 1– meeting on June 26, 2008 in the Board functions of the Department; (2) will 800–877–8339. of Harbor Commissioner Hearing Room this information be processed and used [FR Doc. E8–12683 Filed 6–5–08; 8:45 am] in San Pedro, California, to receive in a timely manner; (3) is the estimate BILLING CODE 4000–01–P public comments and to assess public of burden accurate; (4) how might the concerns regarding this Draft SEIS/SEIR Department enhance the quality, utility, and proposed project. Written and clarity of the information to be DEPARTMENT OF EDUCATION comments will be accepted until the collected; and (5) how might the close of the public review period on July Department minimize the burden of this Notice of Proposed Information 29, 2008. collection on the respondents, including Collection Requests Aaron O. Allen, through the use of information AGENCY: Department of Education. Acting Chief, Regulatory Division, Los technology. SUMMARY: The IC Clearance Official, Angeles District. Dated: June 2, 2008. Regulatory Information Management [FR Doc. E8–12614 Filed 6–5–08; 8:45 am] Angela C. Arrington, Services, Office of Management, invites BILLING CODE 3710–KF–P IC Clearance Official, Regulatory Information comments on the proposed information Management Services, Office of Management. collection requests as required by the Institute of Education Sciences Paperwork Reduction Act of 1995. DEPARTMENT OF EDUCATION Type of Review: Revision. DATES: Interested persons are invited to Notice of Proposed Information Title: National Longitudinal submit comments on or before August 5, Collection Requests Transition Study-2 (NLTS2) Wave 5 2008. Interviews and Questionnaires. SUPPLEMENTARY INFORMATION: Section AGENCY: Department of Education. Frequency: Biennial. 3506 of the Paperwork Reduction Act of SUMMARY: The IC Clearance Official, Affected Public: Individuals or 1995 (44 U.S.C. Chapter 35) requires Regulatory Information Management household. that the Office of Management and Services, Office of Management, invites Reporting and Recordkeeping Hour Budget (OMB) provide interested comments on the proposed information Burden: Federal agencies and the public an early collection requests as required by the Responses: 3,912. opportunity to comment on information Paperwork Reduction Act of 1995. Burden Hours: 1,423. collection requests. OMB may amend or DATES: Interested persons are invited to Abstract: This ICR is for Wave 5 data waive the requirement for public submit comments on or before August 5, collection for the National Longitudinal consultation to the extent that public 2008. Transition Study-2 (NLTS2). This study participation in the approval process SUPPLEMENTARY INFORMATION: Section was begun in 2000 with a sample of would defeat the purpose of the 3506 of the Paperwork Reduction Act of approximately 12,000 youth who were information collection, violate State or 1995 (44 U.S.C. Chapter 35) requires aged 13 through 16 and receiving Federal law, or substantially interfere that the Office of Management and educational services. Wave 5 data with any agency’s ability to perform its

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statutory obligations. The IC Clearance The Department uses the information awards grants to other eligible LEAs Official, Regulatory Information received from the financial aid under the program. Management Services, Office of administrators to prepare an analysis Application Deadline: June 30, 2008, Management, publishes that notice and summary for presentation to the 4:30 p.m. Washington, DC time. containing proposed information Secretary. The Secretary continues to SUPPLEMENTARY INFORMATION: collection requests prior to submission use the information to make her Which LEAs Are Eligible for an Award of these requests to OMB. Each decisions related to ensuring the Under the SRSA Program? proposed information collection, continued availability of educational grouped by office, contains the loans for students and their families. An LEA is eligible for an award under following: (1) Type of review requested, Requests for copies of the proposed the SRSA program if— e.g. new, revision, extension, existing or information collection request may be (a) The total number of students in reinstatement; (2) Title; (3) Summary of accessed from http://edicsweb.ed.gov, average daily attendance at all of the the collection; (4) Description of the by selecting the ‘‘Browse Pending schools served by the LEA is fewer than need for, and proposed use of, the Collections’’ link and by clicking on 600, or each county in which a school information; (5) Respondents and link number 3657. When you access the served by the LEA is located has a total frequency of collection; and (6) information collection, click on population density of fewer than 10 Reporting and/or Recordkeeping ‘‘Download Attachments’’ to view. persons per square mile; and burden. OMB invites public comment. Written requests for information should (b) All of the schools served by the The Department of Education is be addressed to U.S. Department of LEA are designated with a school locale especially interested in public comment Education, 400 Maryland Avenue, SW., code of 7 or 8 by the Department’s addressing the following issues: (1) Is LBJ, Washington, DC 20202–4537. National Center for Education Statistics this collection necessary to the proper Requests may also be electronically (using the NCES school locale functions of the Department; (2) will mailed to [email protected] or faxed methodology in place at the time of this information be processed and used to 202–401–0920. Please specify the NCLB’s enactment), or the Secretary has in a timely manner; (3) is the estimate complete title of the information determined, based on a demonstration of burden accurate; (4) how might the collection when making your request. by the LEA and concurrence of the SEA, Department enhance the quality, utility, Comments regarding burden and/or that the LEA is located in an area and clarity of the information to be the collection activity requirements defined as rural by a governmental collected; and (5) how might the should be electronically mailed to agency of the State. Department minimize the burden of this [email protected]. Individuals who Which Eligible LEAs Must Submit an collection on the respondents, including use a telecommunications device for the Application To Receive a FY 2008 through the use of information deaf (TDD) may call the Federal SRSA Grant Award? technology. Information Relay Service (FIRS) at 1– An eligible LEA must submit an Dated: June 2, 2008. 800–877–8339. application to receive a FY 2008 SRSA Angela C. Arrington, [FR Doc. E8–12686 Filed 6–5–08; 8:45 am] grant award if it falls under any of the IC Clearance Official, Regulatory Information BILLING CODE 4000–01–P following categories: Management Services, Office of Management. 1. The LEA never submitted an application for SRSA funds in any prior Federal Student Aid DEPARTMENT OF EDUCATION year; Type of Review: Extension. 2. The LEA received an SRSA grant Title: Federal Family Education Loan Small, Rural School Achievement award for FY 2005 and, as of February (FFEL) School Letter. Program 15, 2008, had not drawn down from the Frequency: One time. Department’s Grant Administration and AGENCY: Office of Elementary and Affected Public: Not-for-profit Payment System any of its FY 2005 Secondary Education, Department of institutions; State, Local, or Tribal SRSA funds; or Gov’t, SEAs or LEAs. Education. 3. The LEA received an SRSA grant Reporting and Recordkeeping Hour ACTION: Notice announcing application award for FY 2006 and, as of March 31, Burden: deadline. 2008, had not drawn down from the Responses: 500. Department’s Grant Administration and Burden Hours: 125. Catalog of Federal Domestic Payment System any of its FY 2006 Abstract: On March 4, 2008, a letter Assistance (CFDA) Number 84.358A. SRSA funds. was sent via e-mail to 4,155 financial SUMMARY: Under the Small, Rural Under the regulations in 34 CFR aid administrators at institutions that School Achievement (SRSA) Program, 75.104(a), the Secretary makes grants participate in the Federal Family the U.S. Department of Education only to an eligible party that submits an Educational Loan Program. The purpose (Department) awards grants on a application. Given the limited purpose of the letter is to inform the financial aid formula basis to eligible local served by the application under the administrators that the Department of educational agencies (LEAs) to address SRSA program, the Secretary considers Education is monitoring the current the unique needs of rural school the application requirement to be met if uncertainty in the credit markets and districts. In this notice, we establish the the LEA submitted an SRSA application the impact of that uncertainty on deadline for submission of fiscal year for any prior year and does not fall student loan programs. The letter invites (FY) 2008 SRSA grant applications. under any of the categories listed above the financial aid administrator to An eligible LEA that is required to requiring the submission of a new provide the Department with any submit an application must do so application. In this circumstance, unless information he or she has related to any electronically by the deadline in this the LEA advises the Secretary by the lender that plans to reduce, suspend, or notice. If it submits its application after application deadline that it is discontinue making student loans. The this deadline, the LEA will receive a withdrawing its application, the letter requests this information for both grant award only to the extent that Secretary deems the application that the federal and non-federal student loans. funds are available after the Department LEA previously submitted to remain in

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effect for FY 2008 funding, and the LEA Document Format (PDF), on the Internet time allowed by this notice, please does not have to submit an additional at the following site: http://www.ed.gov/ advise the OMB Desk Officer of your application. news/fedregister. intention to make a submission as soon We intend to provide, by May 23, To use PDF you must have Adobe as possible. The Desk Officer may be 2008, a list of LEAs eligible for FY 2008 Acrobat Reader, which is available free telephoned at 202–395–4650. funds on the Department’s Web site at at this site. If you have questions about ADDRESSES: Written comments should http://www.ed.gov/programs/reapsrsa/ using PDF, call the U.S. Government be sent to the index.html under the ‘‘Eligibility’’ Printing Office (GPO), toll-free, at 1– DOE Desk Officer, hyperlink. The Web site will also 888–293–6498; or in the Washington Office of Information and Regulatory indicate which of these eligible LEAs DC, area at (202) 512–1530. Affairs, must submit a new application to the Note: The official version of this document Office of Management and Budget, Department to receive their FY 2008 is the document published in the Federal New Executive Office Building, SRSA grant award, and which eligible Register. Free Internet access to the official Room 10102, 735 17th Street, NW., LEAs are considered already to have version of the Federal Register and the Code Washington, DC 20503; met the application requirement. of Federal Regulations is available on GPO Eligible LEAs that must submit a new Access at: http://www.gpoaccess.gov/nara/ and application in order to receive FY 2008 index.html. Elnora Long, EE–2K, SRSA funds must do so electronically U.S. Department of Energy, by the deadline established in this Program Authority: 20 U.S.C. 7345–7345b. 1000 Independence Ave., SW., notice. Dated: June 3, 2008. Washington, DC 20585–1290, Kerri L. Briggs, Fax #: (202) 586–1233, Electronic Submission of Applications Assistant Secretary for Elementary and [email protected]. An eligible LEA that is required to Secondary Education. FOR FURTHER INFORMATION CONTACT: submit an application to receive FY [FR Doc. E8–12744 Filed 6–5–08; 8:45 am] Elnora Long, EE–2K, U.S. Department of 2008 SRSA funds must submit an BILLING CODE 4000–01–P Energy, 1000 Independence Ave., SW., electronic application by June 30, 2008, Washington, DC 20585–1290, Fax #: 4:30 p.m., Washington, DC time. (202) 586–1233, [email protected]. Submission of an electronic application DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: involves the use of the Department’s This Electronic Grant Application System (e- information collection request contains: Agency Information Collection (1) OMB No. 1910–5127; (2) Information Application) available through the Extension Department’s e-GRANTS system. Collection Request Title: Weatherization You can access the electronic AGENCY: Department of Energy. Assistance Program; (3) Purpose: The application for the SRSA Program at: ACTION: Submission for Office of Weatherization Assistance Program http://e-grants.ed.gov. Management and Budget (OMB) review; provides grants to States, the District of Once you access this site, you will comment request. Columbia and Native American Tribes receive specific instructions regarding annually; (4) Estimated Number of the information to include in your SUMMARY: The Department of Energy Respondents: 52 (Fifty Two) States and application. (DOE) has submitted an information Territories; (5) Estimated Total Burden The regular hours of operation of the collection request to the OMB for Hours: 3 hours per respondent; (6) e-Grants Web site are 6 a.m. Monday extension under the provisions of the Number of Collections: The information until 7 p.m. Wednesday; and 6 a.m. Paperwork Reduction Act of 1995. The collection request contains 3 Thursday until midnight, Saturday information collection requests a three- information and/or recordkeeping (Washington, DC time). Please note that year extension of its Weatherization requirements. the system is unavailable on Sundays, Assistance Program (WAP), OMB Statutory Authority: 10 CFR part 440 Control Number 1910–5127. The Federal holidays, and after 7 p.m. on Issued in Washington, DC, on June 2, 2008. Wednesdays for maintenance Department of Energy (DOE) Alexander A. Karsner, (Washington, DC time). Weatherization Assistance Program Assistant Secretary, Energy Efficiency and FOR FURTHER INFORMATION CONTACT: (WAP) is a formula grant program. DOE Mr. Renewable Energy. Eric Schulz, U.S. Department of has developed four forms designed to [FR Doc. E8–12678 Filed 6–5–08; 8:45 am] Education, 400 Maryland Avenue, SW., reduce the length of time to input room 3E108, Washington, DC 20202. information and provide a consistent BILLING CODE 6450–01–P Telephone: (202) 401–0039 or via format for all States to submit as part of their State Application and Plan Internet: [email protected]. DEPARTMENT OF ENERGY If you use a telecommunications process. This activity will benefit the program and State because all forms are device for the deaf (TDD), you may call Agency Information Collection in electronic format that will populate a the FRS at 1–800–877–8339. Extension Individuals with disabilities may database for program information. The obtain this notice in an alternative program information captured will be AGENCY: Department of Energy. format (e.g., Braille, large print, used to provide the most current ACTION: Submission for Office of audiotape, or computer diskette) on program information for budget, Management and Budget (OMB) review; request to the contact person listed congressional and public inquiries to comment request. under FOR FURTHER INFORMATION the program. The forms will be used as CONTACT. part of the Grants.gov process. SUMMARY: The Department of Energy Electronic Access to This Document: DATES: Comments regarding this (DOE) has submitted an information You can view this document, as well as collection must be received on or before collection request to the OMB for other Department of Education July 7, 2008. If you anticipate that you extension under the provisions of the documents published in the Federal will be submitting comments, but find Paperwork Reduction Act of 1995. The Register, in text or Adobe Portable it difficult to do so within the period of information collection requests a three-

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year extension of its State Energy information and/or recordkeeping published less than 15 days before the Program (SEP), OMB Control Number requirement. date of the meeting due to programmatic 1910–5126. This information collection Statutory Authority: 10 CFR 420. State issues that had to be resolved prior to request pertains to Department’s State Energy Program. publication. Energy Program, which provides grants Issued in Washington, DC, on June 2, 2008. Notes: The notes of the teleconference will to States that are intended to promote be available for public review and copying Alexander A. Karsner, energy conservation and renewable within 60 days on the STEAB Web site, energy in 55 areas specified in the Assistant Secretary, Energy Efficiency and http://www.steab.org. collection instrument (e.g., agriculture, Renewable Energy. geothermal, biomass, traffic signals, [FR Doc. E8–12747 Filed 6–5–08; 8:45 am] Issued at Washington, DC, on June 3, 2008. home energy ratings, building codes). BILLING CODE 6450–01–P Rachel Samuel, Requested information includes matters Deputy Committee Management Officer. such as which one of the following six [FR Doc. E8–12676 Filed 6–5–08; 8:45 am] DEPARTMENT OF ENERGY broad categories that the grant request BILLING CODE 6450–01–P pertains to (buildings, electric power State Energy Advisory Board and renewable energy, energy education, industry, policy planning AGENCY: Office of Energy Efficiency and DEPARTMENT OF ENERGY and energy security, and transportation); Renewable Energy, Department of the State; the program year; the area or Energy. Federal Energy Regulatory Commission areas of the 55 referred to above; ACTION: Notice of Open Teleconference. estimated annual energy savings; a [Project No. 12598–011] description of the requested grant’s SUMMARY: This notice announces a goals and objectives program year teleconference of the State Energy Birch Power Company; Turnbull milestones; and program year funds by Advisory Board (STEAB). The Federal Hydro, L.L.C.; Notice cf Application for source. Advisory Committee Act (Pub. L. 92– Transfer of License and Soliciting DATES: Comments regarding this 463; 86 Stat. 770) requires that public Comments, Motions To Intervene and collection must be received on or before notice of these teleconferences be Protests July 7, 2008. If you anticipate that you announced in the Federal Register. May 30, 2008. will be submitting comments, but find DATES: June 19, 2008 from 2 p.m. to 3 Take notice that the following it difficult to do so within the period of p.m. EDT. hydroelectric application has been filed time allowed by this notice, please FOR FURTHER INFORMATION CONTACT: Gary with the Commission and is available advise the OMB Desk Officer of your Burch, STEAB Designated Federal for public inspection: Officer, Acting Assistant Manager, intention to make a submission as soon a. Type of Application: Transfer of Office of Commercialization and Project as possible. The Desk Officer may be License. telephoned at 202–395–4650. Management, Golden Field Office, U.S. b. Project No.: 12598–011. ADDRESSES: Written comments should Department of Energy, 1617 Cole c. Date filed: April 28, 2008. be sent to the following officials: Boulevard, Golden, CO 80401, d. Applicants: Birch Power Company DOE Desk Officer, Office of Information Telephone 303/275–4801. (transferor). Turnbull Hydro, L.L.C. and Regulatory Affairs, Office of SUPPLEMENTARY INFORMATION: Purpose of (transferee). Management and Budget, New the Board: To make recommendations to e. Name and Location of Project: Executive Office Building, Room the Assistant Secretary for the Office of Upper Turnbull Drop Project is located 10102, 735 17th Street, NW., Energy Efficiency and Renewable on the Spring Valley Canal in Teton Washington, DC 20503 Energy regarding goals and objectives, County Montana. and programmatic and administrative f. Filed Pursuant to: Federal Power Elnora Long, U.S. Department of Energy, policies, and to otherwise carry out the Act, 16 U.S.C. 791(a)–825(r). 1000 Independence Ave SW., Board’s responsibilities as designated in g. Applicant Contact: For both Washington, DC 20585–1290, Fax #: the State Energy Efficiency Programs transferor and transferee: Ted S. (202) 586–1233, Improvement Act of 1990 (Pub. L. No. Sorenson, 5203 South 11th East, Idaho [email protected]. 101–440). Falls, ID 83404. Tentative Agenda: Update members h. FERC Contact: Steven Sachs, (202) FOR FURTHER INFORMATION CONTACT: on routine business matters. 502–8666. Elnora Long, U.S. Department of Energy, Public Participation: The i. Deadline for filing comments, 1000 Independence Ave SW. , teleconference is open to the public. protests and motions to intervene: July Washington, DC 20585–1290, Fax #: Written statements may be filed with 14, 2008. (202) 586–1233, [email protected]. the Board either before or after the All documents (original and eight SUPPLEMENTARY INFORMATION: This meeting. Members of the public who copies) should be filed with: Secretary, information collection request contains: wish to make oral statements pertaining Federal Energy Regulatory Commission, (1) OMB No. 1910–5126; (2) Information to agenda items should contact Gary 888 First Street, NE., Washington, DC Collection Request Title: State Energy; Burch at the address or telephone 20426. Comments, protests, and Program (3) Purpose: Promote the number listed above. Requests to make interventions may be filed electronically conservation of energy, reduce the rate oral comments must be received five via the Internet in lieu of paper; see 18 of growth of energy demand, and reduce days prior to the conference call; CFR 385.2001(a)(1)(iii) and the dependence on imported oil; (4) reasonable provision will be made to instructions on the Commission’s Web Estimated Number of Respondents: 56 include requested topic(s) on the site under the ‘‘e-Filing’’ link. The (Fifty Six) States and Territories; (5) agenda. The Chair of the Board is Commission strongly encourages Estimated Total Burden Hours: 162; (6) empowered to conduct the call in a electronic filings. Please include the Number of Collections: The information fashion that will facilitate the orderly project number (P–12598–011) on any collection request contains one (1) conduct of business. This notice is being comments or motions filed.

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The Commission’s Rules of Practice Applicants specified in the particular ‘‘e-Filing’’ link. The Commission and Procedure require all intervenors application. strongly encourages electronic filings. filing documents with the Commission o. Agency Comments—Federal, State, Please include the project number (P– to serve a copy of that document on and local agencies are invited to file 12597–011) on any comments or each person in the official service list comments on the described application. motions filed. for the project. Further, if an intervenor A copy of the application may be The Commission’s Rules of Practice files comments or documents with the obtained by agencies directly from the and Procedure require all intervenors Commission relating to the merits of an Applicants. If an agency does not file filing documents with the Commission issue that may affect the responsibilities comments within the time specified for to serve a copy of that document on of a particular resource agency, they filing comments, it will be presumed to each person in the official service list must also serve a copy of the document have no comments. One copy of an for the project. Further, if an intervenor on that resource agency. agency’s comments must also be sent to files comments or documents with the j. Description of Application: the Applicants’ representatives. Commission relating to the merits of an Applicants seek Commission approval issue that may affect the responsibilities Kimberly D. Bose, to transfer the license for the Upper of a particular resource agency, they Turnbull Drop Project from Birch Power Secretary. must also serve a copy of the document Company to Turnbull Hydro, L.L.C. [FR Doc. E8–12663 Filed 6–5–08; 8:45 am] on that resource agency. k. This filing is available for review at BILLING CODE 6717–01–P j. Description of Application: the Commission in the Public Reference Applicants seek Commission approval Room or may be viewed on the to transfer the license for the Lower DEPARTMENT OF ENERGY Commission’s Web site at http:// Turnbull Drop Project from Birch Power www.ferc.gov using the ‘‘eLibrary’’ link. Company to Turnbull Hydro, L.L.C. Federal Energy Regulatory k. This filing is available for review at Enter the docket number excluding the Commission the Commission in the Public Reference last three digits in the docket number Room or may be viewed on the field to access the document. For [Project No. 12597–011] Commission’s Web site at http:// assistance, call toll-free 1–866–208– Birch Power Company; Turnbull www.ferc.gov using the ‘‘eLibrary’’ link. 3676 or e-mail Hydro, L.L.C.; Notice of Application for Enter the docket number excluding the [email protected]. Transfer of License and Soliciting last three digits in the docket number For TTY, call (202) 502–8659. A copy is Comments, Motions To Intervene and field to access the document. For also available for inspection and Protests assistance, call toll-free 1–866–208– reproduction at the address in item g 3676 or e-mail above. May 30, 2008. [email protected]. l. Individuals desiring to be included Take notice that the following For TTY, call (202) 502–8659. A copy is on the Commission’s mailing list should hydroelectric application has been filed also available for inspection and so indicate by writing to the Secretary with the Commission and is available reproduction at the address in item g of the Commission. for public inspection: above. m. Comments, Protests, or Motions to a. Type of Application: Transfer of l. Individuals desiring to be included Intervene—Anyone may submit License. on the Commission’s mailing list should comments, a protest, or a motion to b. Project No.: 12597–011. so indicate by writing to the Secretary intervene in accordance with the c. Date filed: April 28, 2008. of the Commission. requirements of Rules of Practice and d. Applicants: Birch Power Company m. Comments, Protests, or Motions to Procedure, 18 CFR 385.210, .211, .214. (transferor); Turnbull Hydro, L.L.C. Intervene—Anyone may submit In determining the appropriate action to (transferee). comments, a protest, or a motion to take, the Commission will consider all e. Name and Location of Project: intervene in accordance with the protests or other comments filed, but Lower Turnbull Drop Project is located requirements of Rules of Practice and only those who file a motion to on the Spring Valley Canal in Teton Procedure, 18 CFR 385.210, .211, .214. intervene in accordance with the County Montana. In determining the appropriate action to Commission’s Rules may become a f. Filed Pursuant to: Federal Power take, the Commission will consider all party to the proceeding. Any comments, Act, 16 USC. 791(a)–825(r). protests or other comments filed, but protests, or motions to intervene must g. Applicant Contact: For both only those who file a motion to be received on or before the specified transferor and transferee: Ted S. intervene in accordance with the comment date for the particular Sorenson, 5203 South 11th East, Idaho Commission’s Rules may become a application. Falls, ID 83404. party to the proceeding. Any comments, n. Filing and Service of Responsive h. FERC Contact: Steven Sachs, (202) protests, or motions to intervene must Documents—Any filings must bear in 502–8666. be received on or before the specified all capital letters the title i. Deadline for filing comments, comment date for the particular ‘‘COMMENTS’’, ‘‘PROTEST’’, OR protests and motions to intervene: July application. ‘‘MOTION TO INTERVENE’’, as 14, 2008. n. Filing and Service of Responsive applicable, and the Project Number of All documents (original and eight Documents—Any filings must bear in the particular application to which the copies) should be filed with: Kimberly all capital letters the title filing refers. Any of the above-named D. Bose, Secretary, Federal Energy ‘‘COMMENTS’’, ‘‘PROTEST’’, OR documents must be filed by providing Regulatory Commission, 888 First ‘‘MOTION TO INTERVENE’’, as the original and eight copies to: The Street, NE., Washington, DC 20426. applicable, and the Project Number of Secretary, Federal Energy Regulatory Comments, protests, and interventions the particular application to which the Commission, 888 First Street, NE., may be filed electronically via the filing refers. Any of the above-named Washington, DC 20426. A copy of any Internet in lieu of paper; see 18 CFR documents must be filed by providing motion to intervene must also be served 385.2001(a)(1)(iii) and the instructions the original and eight copies to: The upon each representative of the on the Commission’s Web site under the Secretary, Federal Energy Regulatory

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Commission, 888 First Street, NE., Commission in the Public Reference Secretary of the Commission, as soon as Washington, DC 20426. A copy of any Room or may be viewed on the possible, an original and two copies of motion to intervene must also be served Commission’s Web site at http:// comments in support of or in opposition upon each representative of the www.ferc.gov using the ‘‘eLibrary’’ link. to this project. The Commission will Applicants specified in the particular Enter the docket number excluding the consider these comments in application. last three digits in the docket number determining the appropriate action to be o. Agency Comments—Federal, State, field to access the document. For taken, but the filing of a comment alone and local agencies are invited to file assistance, contact FERC at will not serve to make the filer a party comments on the described application. [email protected] or call to the proceeding. The Commission’s A copy of the application may be toll-free, (886) 208–3676 or TTY, (202) rules require that persons filing obtained by agencies directly from the 502–8659. comments in opposition to the project Applicants. If an agency does not file Any questions concerning this provide copies of their protests only to comments within the time specified for application may be directed to David the party or parties directly involved in filing comments, it will be presumed to Williams, MarkWest Hydrocarbon, Inc., the protest. 1515 Arapahoe Street, Tower 2, Suite have no comments. One copy of an Persons who wish to comment only 700, Denver, Colorado 80202–2126, at agency’s comments must also be sent to on the environmental review of this the Applicants’ representatives. (303) 925–9232, or [email protected], or Robert project should submit an original and Kimberly D. Bose, Powell, MarkWest Hydrocarbon, Inc., two copies of their comments to the Secretary. 2500 Citywest Blvd., Houston, Texas Secretary of the Commission. [FR Doc. E8–12662 Filed 6–5–08; 8:45 am] 77042, at (713) 666–6747, or Environmental commentors will be placed on the Commission’s BILLING CODE 6717–01–P [email protected], or Joseph S. Koury, Wright & Talisman, PC, 1200 G environmental mailing list, will receive Street, NW., Suite 600, Washington, DC copies of the environmental documents, DEPARTMENT OF ENERGY 20005, at (202) 393–1200, or and will be notified of meetings [email protected]. associated with the Commission’s Federal Energy Regulatory On October 18, 2007, the Commission environmental review process. Commission staff granted MarkWest’s request to Environmental commentors will not be [Docket No. CP08–404–000; PF08–2–000] utilize the Pre-Filing Process and required to serve copies of filed assigned Docket No. PF08–2–000 to staff documents on all other parties. MarkWest Pioneer, LLC; Notice of activities involving the Arkoma However, the non-party commentors Application Connector Pipeline Project. Now as of will not receive copies of all documents the filing of the May 20, 2008 filed by other parties or issued by the May 30, 2008. application, the Pre-Filing Process for Commission (except for the mailing of Take notice that on May 20, 2008, this project has ended. From this time environmental documents issued by the MarkWest Pioneer, LLC (MarkWest), forward, this proceeding will be Commission) and will not have the right 1515 Arapahoe Street, Tower 2, Suite conducted in Docket No. CP08–404– to seek court review of the 700, Denver, Colorado 80202–2126, 000, as noted in the caption of this Commission’s final order. filed in the above referenced docket an Notice. The Commission strongly encourages application pursuant to section 7(c) of There are two ways to become electronic filings of comments, protests the Natural Gas Act (NGA), for an order involved in the Commission’s review of and interventions in lieu of paper using granting a certificate of public this project. First, any person wishing to the ‘‘eFiling’’ link at http:// convenience to construct, own, and obtain legal status by becoming a party www.ferc.gov. Persons unable to file operate approximately 50 miles of new to the proceedings for this project electronically should submit an original natural gas pipeline with a capacity of should, on or before the comment date and 14 copies of the protest or 638,000 dekatherms per day (Dth/d), stated below, file with the Federal intervention to the Federal Energy approximately 19,500 horsepower (HP) Energy Regulatory Commission, 888 Regulatory Commission, 888 First of total compression at two compressor First Street, NE., Washington, DC 20426, Street, NE., Washington, DC 20426. stations, and related appurtenances in a motion to intervene in accordance Coal, Atoka, and Bryan Counties in with the requirements of the This filing is accessible on-line at southeastern Oklahoma (Arkoma Commission’s Rules of Practice and http://www.ferc.gov, using the Connector Pipeline Project). MarkWest Procedure (18 CFR 385.214 or 385.211) ‘‘eLibrary’’ link and is available for also proposes a pro forma FERC Gas and the Regulations under the NGA (18 review in the Commission’s Public Tariff, including proposed initial CFR 157.10). A person obtaining party Reference Room in Washington, DC. recourse rates for the Arkoma Connector status will be placed on the service list There is an ‘‘eSubscription’’ link on the Pipeline Project. Additionally, maintained by the Secretary of the Web site that enables subscribers to MarkWest requests blanket certificates Commission and will receive copies of receive e-mail notification when a authorizing the construction, all documents filed by the applicant and document is added to a subscribed rearrangement, and abandonment of by all other parties. A party must submit docket(s). For assistance with any FERC facilities and other activities permitting 14 copies of filings made in the Online service, please e-mail under Part 157, Subpart F, of the proceeding with the Commission and [email protected], or call Commission’s regulation and for self- must mail a copy to the applicant and (866) 208–3676 (toll free). For TTY, call implementing interstate transportation to every other party. Only parties to the (202) 502–8659. of natural gas under Part 284, Subpart proceeding can ask for court review of Comment Date: June 20, 2008. G, of the Commission’s regulations, all Commission orders in the proceeding. as more fully set forth in the application However, a person does not have to Kimberly D. Bose, which is on file with the Commission intervene in order to have comments Secretary. and open to public inspection. The considered. The second way to [FR Doc. E8–12665 Filed 6–5–08; 8:45 am] filing is available for review at the participate is by filing with the BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY inspection and reproduction at the agency’s comments must also be sent to Commission’s Public Reference Room, the Applicant’s representatives. Federal Energy Regulatory located at 888 First Street, NE., Room q. Comments, protests, and Commission 2A, Washington, DC 20426, or by calling interventions may be filed [Project No. 6066–031] (202) 502–8371. This filing may also be electronically, via the Internet in lieu of viewed on the Commission’s Web site at paper. See, 18 CFR 385.2001(a)(1)(iii) McCallum Enterprises I Limited http://www.ferc.gov using the and the instructions on the Partnership; Notice of Application for ‘‘eLibrary’’ link. Enter the docket Commission’s Web site at http:// Amendment of License and Soliciting number excluding the last three digits in www.ferc.gov under the ‘‘e-Filing’’ link. the docket number field to access the Comments, Motions To Intervene, and Kimberly D. Bose, Protests document. You may also register online at http://www.ferc.gov/docs-filing/ Secretary. May 30, 2008. esubscription.asp to be notified via e- [FR Doc. E8–12664 Filed 6–5–08; 8:45 am] Take notice that the following mail of new filings and issuances BILLING CODE 6717–01–P application has been filed with the related to this or other pending projects. Commission and is available for public For assistance, call 1–866–208–3676 or inspection. e-mail [email protected], DEPARTMENT OF ENERGY a. Application Type: Amendment to for TTY, call (202) 502–8659. A copy is Recreation Plan. Federal Energy Regulatory also available for inspection and Commission b. Project No.: 6066–031. reproduction at the address in item (h) c. Dated Filed: March 27, 2008. above. [Docket No. CP08–410–000; Docket No. d. Applicant: McCallum Enterprises I m. Individuals desiring to be included CP02–74–000] Limited Partnership. on the Commission’s e-mailing list e. Name of Project: Derby Dam West Texas Gas, Inc.; Reef should so indicate by writing to the Project. International, L.L.C.; Notice of Secretary of the Commission. f. Location: The project is located on Application To Transfer Natural Gas the Housatonic River in New Haven and n. Comments, Protests, or Motions To Act Section 3 Authorization and Fairfield Counties, Connecticut. Intervene—Anyone may submit Presidential Permit g. Filed Pursuant to: Federal Power comments, a protest, or a motion to Act, 16 U.S.C. 791(a)–825(r). intervene in accordance with the May 30, 2008. h. Application Contact: Joseph requirements of Rules of Practice and On May 22, 2008, West Texas Gas, Szarmach, Jr., Vice President, McCallum Procedure, 18 CFR 385.210, .211, .214. Inc. (West Texas) and Reef International, Enterprises I Limited Partnership, 2874 In determining the appropriate action to L.L.C. (Reef) filed a joint application in Main Street, Stratford, Connecticut take, the Commission will consider all Docket No. CP08–410–000 pursuant to 06614, telephone: (203) 386–1745, fax: protests or other comments filed, but section 3 of the Natural Gas Act (NGA) (203) 377–8228. only those who file a motion to and section 153 of the Commission’s i. FERC Contact: Any questions on intervene in accordance with the Regulations and Executive Order No. this notice should be addressed to Mr. Commission’s Rules may become a 10485, as amended by Executive Order John Mark at (212) 273–5940, or e-mail party to the proceeding. Any comments, No. 12038, and the Secretary of Energy’s address: [email protected]. protests, or motions to intervene must Delegation Order No. 00–004.00A, j. Deadline for filing comments and/ be received on or before the specified effective May 16, 2006, seeking or motions: June 30, 2008. comment date for the particular authorization to transfer Reef’s existing All documents (original and eight application. NGA section 3 authorization and copies) should be filed with: Kimberly o. Filing and Service of Responsive Presidential Permit 1 to West Texas, all D. Bose, Secretary, Federal Energy Documents—Any filings must bear in as more fully set forth in the application Regulatory Commission, 888 First all capital letters the title which is on file with the Commission Street, NE., Washington, DC 20426. ‘‘COMMENTS’’, ‘‘PROTEST, or and open to the public for inspection. k. Description of Request: The ‘‘MOTION TO INTERVENE’’, as This filing is available for review at the licensee filed an amendment applicable, and the Project Number (P– Commission or may be viewed on the application to relocate the fishing and 6066–031) of the particular application Commission’s Web site at http:// canoe portage access on the Shelton, to which the filing refers. All documents www.ferc.gov, using the ‘‘eLibrary’’ link. Connecticut, side of the project (on the (original and eight copies) should be Enter the docket number excluding the right bank of the Housatonic River) to an filed with: Honorable Kimberly D. Bose, last three digits in the docket number area downstream immediately adjacent Secretary, Federal Energy Regulatory field to access the document. For to the main outer gate of the project and Commission, 888 First Street, NE., assistance, please contact FERC Online a boat lock and adjacent to a public Washington, DC 20426. A copy of any Support at parking area which will be more motion to intervene must also be served [email protected] or toll- convenient to the public. The proposed upon each representative of the free at (866)208–3676, or for TTY, relocation is for the safety and Applicant specified in the particular contact (202)502–8659. convenience of the public and will be application. Any questions regarding the part of the City of Shelton’s p. Agency Comments—Federal, State, application may be directed to: Richard Redevelopment Plan for Canal Street and local agencies are invited to file D. Hatchett, 211 North Colorado, with new residential development and comments on the described application. Midland, Texas 79701, or call (432) increased levels of foot traffic. The A copy of the application may be 682–4349 or e-mail proposed change will limit access to the obtained by agencies directly from the [email protected]. Shelton canal which has proven to be a Applicant. If an agency does not file Specifically, West Texas and Reef safety hazard to the public comments within the time specified for request the Commission to issue an l. Location of the Application: A copy filing comments, it will be presumed to of the application is available for have no comments. One copy of an 1 99 FERC ¶ 61,221 (2002)

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order: (1) Transferring Reef’s NGA Comment Date: June 20, 2008. • Approximately 506.1 miles of new section 3 authorization to West Texas 30-, 36-, and 42-inch-diameter interstate Kimberly D. Bose, for the operation and maintenance of natural gas pipeline extending from facilities used to export natural gas at Secretary. Bryan County, Oklahoma to a terminus the International Border near Eagle Pass, [FR Doc. E8–12657 Filed 6–5–08; 8:45 am] in Choctaw County, Alabama; Maverick County, Texas, to Coahuila, BILLING CODE 6717–01–P • An approximately 4.2-mile-long, Mexico; and (2) authorizing the 16- and 24-inch-diameter lateral pipeline in Richland and Madison assignment of Reef’s May 30, 2002, DEPARTMENT OF ENERGY Presidential Permit for the operation Parishes, Louisiana; • A total of approximately 111,720 and maintenance of facilities at the Federal Energy Regulatory horsepower (hp) of compression at one Coahuila, Mexico/Texas export point. Commission booster and four new mainline The export facilities consist of compressor stations; approximately 400 feet of 12-inch [Docket No. CP08–6–000] • 14 new metering and regulating (M/ diameter pipeline extending from R) stations; and certain intrastate pipeline facilities in Midcontinent Express Pipeline, LLC; • Other appurtenant ancillary Texas to an interconnection with Notice of Availability of the Final facilities including, mainline valves pipeline facilities owned by Compania Environmental Impact Statement for (MLV) and pig 1 launcher and receiver National de Gas, S.A. (Conagas) in the Midcontinent Express Pipeline facilities. Coahuila, Mexico. West Texas would Project Dependent upon Commission continue to operate and maintain these May 30, 2008. approval, MEP proposes to complete border crossing facilities in its own construction and begin operating the The staff of the Federal Energy name rather than as Reef. West Texas proposed Project in February 2009. Regulatory Commission (FERC or and Reef state that no new facilities The Final EIS also evaluates Commission) has prepared this Final alternatives to the proposal, including would be constructed. Environmental Impact Statement (EIS) West Texas and Reef state that the alternative energy sources, system for the natural gas pipeline facilities alternatives, alternative sites for border facilities will remain in place proposed by Midcontinent Express compressor stations, and alternative and operation following the requested Pipeline Company, LLC (MEP) under pipeline routes. Based on the analysis transfer and assignment. West Texas the above-referenced docket. MEP’s presented in this Final EIS, the FERC and Reef also state that the border Midcontinent Express Pipeline Project staff concludes that the proposed crossing facilities would be used for (Project) would be located in various Project, with the appropriate mitigation transportation services subject to the counties and parishes in Oklahoma, measures as recommended, would have jurisdiction of the Texas Railroad Texas, Louisiana, Mississippi, and limited adverse environmental impact. Commission. Alabama. The Final EIS has been placed in the There are two ways to become The Final EIS was prepared to satisfy public files of the FERC and is available involved in the Commission’s review of the requirements of the National for public inspection at: Federal Energy this project. First, any person wishing to Environmental Policy Act. The U.S. Regulatory Commission, Public obtain legal status by becoming a party Army Corps of Engineers (COE), U.S. Reference Room, 888 First Street NE., to the proceedings for this project Fish and Wildlife Service (FWS), Room 2A, Washington, DC 20426, (202) should, on or before the comment date, National Park Service (NPS), Natural 502–8371. file with the Federal Energy Regulatory Resources Conservation Service (NRCS), A limited number of copies of the Commission, 888 First Street, NE., U.S. Environmental Protection Agency Final EIS are available from the Public (EPA), Louisiana Department of Washington, DC 20426, a motion to Reference Room identified above. In Environmental Quality (LDEQ), intervene in accordance with the addition, CD–ROM copies of the Final Louisiana Department of Wildlife and requirements of the Commission’s Rules EIS have been mailed to affected Fisheries (LDWF), Texas Parks and of Practice and Procedure (18 CFR landowners; various federal, state, and Wildlife Department (TPWD), 385.214 or 385.211) and the Regulations local government agencies; elected Mississippi Department of Wildlife, under the NGA (18 CFR 157.10). A officials; environmental and public Fisheries, and Parks (MDWFP), and person obtaining party status will be interest groups; Native American tribes; Alabama Department of Conservation placed on the service list maintained by local libraries and newspapers; and Natural Resources (ADCNR) are the Secretary of the Commission and intervenors; and other individuals that cooperating agencies for the will receive copies of all documents expressed an interest in the proposed development of this EIS. A cooperating Project. Hard copies of the Final EIS filed by the applicant and by all other agency has jurisdiction by law or special parties. A party must submit 14 copies have also been mailed to those who expertise with respect to any requested that format during the scoping of filings made with the Commission environmental impact involved with the and must mail a copy to the applicant and comment periods for the proposed proposal and is involved in the NEPA Project. and to every other party in the analysis. proceeding. Only parties to the Additional information about the The general purpose of the proposed project is available from the proceeding can ask for court review of Project is to transport up to 1,500,000 Commission orders in the proceeding. Commission’s Office of External Affairs, dekatherms per day of natural gas from at 1–866–208–FERC (3372) or on the The Commission strongly encourages production fields in Texas, Oklahoma, FERC Internet Web site (http:// electronic filings of comments, protests, and Arkansas to markets in the eastern www.ferc.gov). Using the ‘‘eLibrary and interventions via the internet in lieu region of the United States. link,’’ select ‘‘General Search’’ and enter of paper. See 18 CFR 385.2001(a)(1)(iii) The Final EIS addresses the potential the project docket number excluding the and the instructions on the environmental impacts resulting from Commission’s Web site (http:// the construction and operation of the 1 A ‘‘pig’’ is a mechanical device used to clean or www.ferc.gov) under the ‘‘e-Filing’’ link. following facilities: inspect the pipeline.

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last three digits (i.e., CP08–6) in the assumptions of liability, is June 19, Sheet 20 et al. to FERC Gas Tariff, Sixth ‘‘Docket Number’’ field. Be sure you 2008. Revised Volume 1, to become effective have selected an appropriate date range. The Commission encourages 3/27/08. For assistance, please contact FERC electronic submission of protests and Filed Date: 05/27/2008. Online Support at interventions in lieu of paper, using the Accession Number: 20080528–0048. [email protected] or toll FERC Online links at http:// Comment Date: 5 p.m. Eastern Time free at 1–866–208–3676, or TTY (202) www.ferc.gov. To facilitate electronic on Monday, June 9, 2008. 502–8659. The eLibrary link on the service, persons with Internet access Docket Numbers: RP08–389–000. FERC Internet Web site also provides who will eFile a document and/or be Applicants: Natural Gas Pipeline access to the texts of formal documents listed as a contact for an intervenor Company of America. issued by the Commission, such as must create and validate an Description: Natural Gas Pipeline orders, notices, and rule makings. eRegistration account using the Company of America LLC submits First In addition, the FERC now offers a eRegistration link. Select the eFiling Revised Sheet 33C et al. to FERC Gas free service called eSubscription that link to log on and submit the Tariff, Seventh Revised Volume 1, to allows you to keep track of all formal intervention or protests. become effective 6/26/08. issuances and submittals in specific Persons unable to file electronically Filed Date: 05/27/2008. dockets. This can reduce the amount of should submit an original and 14 copies Accession Number: 20080528–0047. time you spend researching proceedings of the intervention or protest to the Comment Date: 5 p.m. Eastern Time by automatically providing you with Federal Energy Regulatory Commission, on Monday, June 9, 2008. notification of these filings, document 888 First St., NE., Washington, DC Docket Numbers: CP08–79–001. summaries, and direct links to the 20426. Applicants: Mardi Gras Midstream, documents. To register for this service, The filings in the above-referenced L.L.C. go to http://www.ferc.gov/ proceeding are accessible in the Description: Mardi Gras Midstream, esubscribenow.htm. Commission’s eLibrary system by LLC. submit its agreement with Temple clicking on the appropriate link in the Kimberly D. Bose, Inland, showing the applicable rates and above list. They are also available for terms and conditions of service. Secretary. review in the Commission’s Public Filed Date: 05/09/2008. [FR Doc. E8–12658 Filed 6–5–08; 8:45 am] Reference Room in Washington, DC. Accession Number: 20080509–5110. BILLING CODE 6717–01–P There is an eSubscription link on the Comment Date: 5 p.m. Eastern Time Web site that enables subscribers to Thursday, June 5, 2008. receive e-mail notification when a DEPARTMENT OF ENERGY Docket Numbers: CP08–393–000. document is added to a subscribed Applicants: Public Service Company Federal Energy Regulatory dockets(s). For assistance with any of New Mexico. Commission FERC Online service, please e-mail Description: Public Service Company [email protected]. or call of New Mexico filed a joint abbreviated (866) 208–3676 (toll free). For TTY, call application for an order approving [Docket No. ER08–1012–000] (202) 502–8659. abandonment by sales and issuing PPL Renewable Energy, LLC; Kimberly D. Bose, limited jurisdiction certificates of public Supplemental Notice That Initial Secretary. convenience and necessity and for grant of related waivers of Public Service Market-Based Rate Filing Includes [FR Doc. E8–12659 Filed 6–5–08; 8:45 am] Company of New Mexico. Request for Blanket Section 204 BILLING CODE 6717–01–P Authorization Filed Date: 05/09/2008. Accession Number: 20080512–5021. May 30, 2008. DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time This is a supplemental notice in the Thursday, June 5, 2008. above-referenced proceeding of PPL Federal Energy Regulatory Docket Numbers: CP08–406–000. Renewable Energy, LLC’s application for Commission Applicants: Columbia Gulf market-based rate authority, with an Transmission Company. accompanying rate schedule, noting that Combined Notice of Filings #1 Description: Columbia Gulf such application includes a request for Transmission Company and May 29, 2008. blanket authorization, under 18 CFR Transcontinental Gas Pipe Line Part 34, of future issuances of securities Take notice that the Commission has Corporation submit a joint application and assumptions of liability. received the following Natural Gas for permission and approval to abandon Any person desiring to intervene or to Pipeline Rate and Refund Report filings: Columbia Gulf’s Rate Schedules X–53 et protest should file with the Federal Docket Numbers: RP07–310–002. al. Energy Regulatory Commission, 888 Applicants: Mojave Pipeline Filed Date: 5/20/2008. First Street, NE., Washington, DC 20426, Company. Accession Number: 20080522–0168. in accordance with Rules 211 and 214 Description: Mojave Pipeline Comment Date: 5 p.m. Eastern Time of the Commission’s Rules of Practice Company submits its Refund Report. Thursday, June 5, 2008. and Procedure (18 CFR 385.211 and Filed Date: 05/23/2008. Any person desiring to intervene or to 385.214). Anyone filing a motion to Accession Number: 20080527–0100. protest in any of the above proceedings intervene or protest must serve a copy Comment Date: 5 p.m. Eastern Time must file in accordance with Rules 211 of that document on the Applicant. on Wednesday, June 4, 2008. and 214 of the Commission’s Rules of Notice is hereby given that the Docket Numbers: RP08–388–000. Practice and Procedure (18 CFR 385.211 deadline for filing protests with regard Applicants: Gulf South Pipeline and 385.214) on or before 5 p.m. Eastern to the applicant’s request for blanket Company, LP. time on the specified comment date. It authorization, under 18 CFR Part 34, of Description: Gulf South Pipeline is not necessary to separately intervene future issuances of securities and Company LP submits Four Revised again in a subdocket related to a

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compliance filing if you have previously Description: Lowell Cogeneration Description: PJM Interconnection, intervened in the same docket. Protests Company Limited Partnership submits L.L.C and the Midwest ISO submits a will be considered by the Commission Application for Authorization for Compliance Filing with the directive in determining the appropriate action to Disposition of Jurisdictional Facilities that the RTOs indicate the NERC’s be taken, but will not serve to make and Request for Expedited Action. approved termination date of the protestants parties to the proceeding. Filed Date: 05/21/2008. twelve-month market flow threshold Anyone filing a motion to intervene or Accession Number: 20080527–0048. field test pursuant to the 5/15/08 Order. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time Filed Date: 05/22/2008. document on the Applicant. In reference on Wednesday, June 11, 2008. Accession Number: 20080523–5037. to filings initiating a new proceeding, Take notice that the Commission Comment Date: 5 p.m. Eastern Time interventions or protests submitted on received the following exempt on Thursday, June 12, 2008. or before the comment deadline need wholesale generator filings: Docket Numbers: ER08–169–003. not be served on persons other than the Docket Numbers: EG08–74–000. Applicants: Midwest Independent Applicant. Applicants: Happy Jack Windpower, Transmission System Operator, Inc. The Commission encourages LLC. Description: Midwest Independent electronic submission of protests and Description: Self Certification Notice Transmission System Operator, Inc., interventions in lieu of paper, using the as an Exempt Wholesale Generator of submits an proposed to Attachment P of FERC Online links at http:// Happy Jack Windpower, LLC. the Midwest ISO’s Open Access www.ferc.gov. To facilitate electronic Filed Date: 05/21/2008. Transmission and Energy Markets service, persons with Internet access Accession Number: 20080521–5075. Tariff, FERC Electric Tariff, Third who will eFile a document and/or be Comment Date: 5 p.m. Eastern Time Revised Volume 1 etc. listed as a contact for an intervenor on Wednesday, June 11, 2008. Filed Date: 05/22/2008. must create and validate an Take notice that the Commission Accession Number: 20080523–0094. eRegistration account using the received the following electric rate Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling filings: on Thursday, June 12, 2008. link to log on and submit the Docket Numbers: ER05–6–106; EL04– Docket Numbers: ER08–340–001. intervention or protests. 135–109; EL02–111–126; EL03–212– Applicants: Southwest Power Pool, Persons unable to file electronically 122. Inc. should submit an original and 14 copies Applicants: Midwest ISO. Description: Southwest Power Pool, of the intervention or protest to the Description: Jersey Central Power and Inc., submits compliance filing Federal Energy Regulatory Commission, Light Company’s CD et al. containing providing for revisions to its Open 888 First St. NE., Washington, DC Stipulation and Agreement, Explanatory Access Transmission Tariff. 20426. Statement. Filed Date: 05/21/2008. The filings in the above proceedings Filed Date: 05/21/2008. Accession Number: 20080527–0038. are accessible in the Commission’s Accession Number: 20080521–4033. Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the Comment Date: 5 p.m. Eastern Time on Wednesday, June 11, 2008. appropriate link in the above list. They on Wednesday, June 11, 2008. Docket Numbers: ER08–404–002. are also available for review in the Docket Numbers: ER05–168–004; Applicants: Midwest Independent Commission’s Public Reference Room in ER06–274–009; EL05–19–005. Transmission System. Washington, DC. There is an Applicants: Southwestern Public Description: Midwest Independent eSubscription link on the Web site that Service Company. Transmission System Operator, Inc., enables subscribers to receive e-mail Description: Golden Spread Electric submits an proposed revisions to its notification when a document is added Coop, Inc., et al. submits Substitute Open Access Transmission and Energy to a subscribed docket(s). For assistance First Revised Sheet 12 et al to FERC Markets Tariff. with any FERC Online service, please e- Rate Schedule 132. Filed Date: 05/22/2008. mail [email protected]. or Filed Date: 05/21/2008. Accession Number: 20080523–0093. call (866) 208–3676 (toll free). For TTY, Accession Number: 20080527–0069. Comment Date: 5 p.m. Eastern Time call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on Thursday, June 12, 2008. on Wednesday, June 11, 2008. Docket Numbers: ER08–413–003. Nathaniel J. Davis, Sr., Docket Numbers: ER05–1255–002; Applicants: Startrans IO, L.L.C. Deputy Secretary. ER95–1374–019. Description: Startrans IO, LLC submits [FR Doc. E8–12697 Filed 6–5–08; 8:45 am] Applicants: Horizon Power, Inc.; updated Statements AV and BK BILLING CODE 6717–01–P National Fuel Resources, Inc. reflecting their updated capital structure Description: National Fuel Resources, and transmission revenue requirement. Inc., submits an explanation of why Filed Date: 05/21/2008. DEPARTMENT OF ENERGY Horizon Power, Inc., et al. qualify as Accession Number: 20080527–0037. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Category 1 Sellers of wholesale on Wednesday, June 11, 2008. Commission electricity in the Northeast region of the United States and in all other regions Docket Numbers: ER08–720–001. Combined Notice of Filings # 1 specified. Applicants: Consolidated Edison Co. Filed Date: 05/22/2008. of New York, Inc. May 28, 2008. Accession Number: 20080523–0092. Description: Consolidated Edison Take notice that the Commission Comment Date: 5 p.m. Eastern Time Company of New York, Inc., informs received the following electric corporate on Thursday, June 12, 2008. FERC that they were contacted by the filings: Docket Numbers: ER07–940–002. Commission Staff concerning the issue Docket Numbers: EC08–92–000. Applicants: Midwest Independent of conforming the Power Purchase Applicants: Lowell Cogeneration Transmission System, PJM Agreement to the requirements of Order Company Limited Partnership. Interconnection, L.L.C. 614.

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Filed Date: 05/22/2008. Docket Numbers: ER08–1001–000. Filed Date: 05/22/2008. Accession Number: 20080523–0095. Applicants: Ameren Services Accession Number: 20080522–5036. Comment Date: 5 p.m. Eastern Time Company. Comment Date: 5 p.m. Eastern Time on Thursday, June 12, 2008. Description: Central Illinois Public on Thursday, June 12, 2008. Docket Numbers: ER08–995–000. Service Company submits an executed Docket Numbers: FC08–5–000. Applicants: Southwest Power Pool. service agreement for Wholesale Applicants: Regency Power Description: Southwest Power Pool, Distribution Service with Wabash Corporation Private Limited. Inc., proposes to revise portions of its Valley Power Association, Inc., as agent Description: Notice of Self- Open Access Transmission Tariff for MJM Electric Cooperative, Inc. Certification of Foreign Utility Company relating to its real-time energy Filed Date: 05/22/2008. Status of Regency Power Corporation imbalance service market. Accession Number: 20080523–0098. Private Limited. Comment Date: 5 p.m. Eastern Time Filed Date: 05/21/2008. Filed Date: 05/22/2008. on Thursday, June 12, 2008. Accession Number: 20080527–0068. Accession Number: 20080522–5041. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–1002–000. Comment Date: 5 p.m. Eastern Time on Wednesday, June 11, 2008. Applicants: Westar Energy, Inc. on Thursday, June 12, 2008. Description: Westar Energy, Inc., et al. Docket Numbers: ER08–996–000. submits Second Revised Sheet 1 and 11 Take notice that the Commission Applicants: CBA Endeavors, LLC. received the following open access Description: CBA Endeavors, LLC to First Revised Rate Schedule FERC 168, the electric Power Supply transmission tariff filings: submits a petition for acceptance of Docket Numbers: OA07–100–001. FERC Electric Tariff, Original Volume 1. Agreement, dated 2/3/88 etc. Filed Date: 05/22/2008. Applicants: Black Hills Power, Inc. Filed Date: 05/21/2008. Accession Number: 20080523–0097. Description: Black Hills Power Accession Number: 20080527–0065. Comment Date: 5 p.m. Eastern Time submits compliance filing to make two Comment Date: 5 p.m. Eastern Time on Thursday, June 12, 2008. modifications to Attachment C. on Wednesday, June 11, 2008. Docket Numbers: ER08–1003–000. Filed Date: 05/22/2008. Docket Numbers: ER08–997–000. Applicants: Oklahoma Gas and Accession Number: 20080523–0091. Applicants: Westar Energy, Inc. Electric Company. Comment Date: 5 p.m. Eastern Time Description: Westar Energy, Inc., Description: Oklahoma Gas and on Thursday, June 12, 2008. submits their Seventh Revised Sheet 4 Electric Company submits Amended Docket Numbers: OA08–54–002; and 1 to the Wholesale Electric Service and Restated Network Integration OA08–55–002; OA08–56–002; OA08– Agreement, designated as First Revised Transmission Service Agreement, dated 57–002; OA08–99–001; OA08–118–000. Rate Schedule 233. 4/28/08 between OG&E and the Purcell Applicants: Deseret Generation & Filed Date: 05/21/2008. Public Works Authority. Accession Number: 20080527–0064. Transmission Co-op.; Idaho Power Filed Date: 05/22/2008. Company; NorthWestern Corporation; Comment Date: 5 p.m. Eastern Time Accession Number: 20080523–0096. on Wednesday, June 11, 2008. PacifiCorp; Black Hills Power, Inc.; Comment Date: 5 p.m. Eastern Time Portland General Electric Company. Docket Numbers: ER08–998–000. on Thursday, June 12, 2008. Description: Deseret Generation & Applicants: Westar Energy, Inc. Take notice that the Commission Transmission Co-operative, Inc et al. Description: Westar Energy, Inc., received the following electric securities submits modifications to Rate Schedule submits their Petition for Approval of filings: FERC 23 et al. to reflect the addition of Settlement Agreement. Docket Numbers: ES08–50–000. an additional party, Horizon Wind Filed Date: 05/21/2008. Applicants: Aquila, Inc. Accession Number: 20080527–0050. Energy etc. Description: Application of Aquila, Filed Date: 05/22/2008. Comment Date: 5 p.m. Eastern Time Inc. for Authorization of Issuance of on Wednesday, June 11, 2008. Accession Number: 20080527–0031. Long-Term Debt Securities Under Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–999–000. Section 204 of the Federal Power Act. on Thursday, June 12, 2008. Applicants: Northeast Utilities Filed Date: 05/22/2008. Take notice that the Commission Service Company. Accession Number: 20080523–5002. Description: Connecticut Light and Comment Date: 5 p.m. Eastern Time received the following public utility Power Company submits the executed on Thursday, June 12, 2008. holding company filings: Design, Engineering, and Procurement Take notice that the Commission Docket Numbers: PH08–27–000. Agreement for Baldwin Substation received the following foreign utility Applicants: Sendero SMGC Limited Improvements by and between CL&P company status filings: Acquisition Company. Description: FERC–65A Exemption and Waterbury Generation LLC. Docket Numbers: FC08–3–000. Filed Date: 05/22/2008. Applicants: Arasmeta Captive Power Notification of Sendero SMGC Limited Accession Number: 20080523–0100. Company Private L. Acquisition Company, LLC. Comment Date: 5 p.m. Eastern Time Description: Self Certification Notice Filed Date: 05/22/2008. on Thursday, June 12, 2008. of Arasmeta Captive Power Company Accession Number: 20080522–5000. Docket Numbers: ER08–1000–000. Private Limited. Comment Date: 5 p.m. Eastern Time Applicants: Maine Public Service Filed Date: 05/22/2008. on Thursday, June 12, 2008. Company. Accession Number: 20080522–5034. Any person desiring to intervene or to Description: Maine Public Service Comment Date: 5 p.m. Eastern Time protest in any of the above proceedings Company submits proposed revisions to on Thursday, June 12, 2008. must file in accordance with Rules 211 its FERC Open Access Transmission Docket Numbers: FC08–4–000. and 214 of the Commission’s Rules of Tariff. Applicants: Sitapuram Power Practice and Procedure (18 CFR 385.211 Filed Date: 05/22/2008. Limited. and 385.214) on or before 5 p.m. Eastern Accession Number: 20080523–0099. Description: Notification of Self- time on the specified comment date. It Comment Date: 5 p.m. Eastern Time Certification of Foreign Utility Company is not necessary to separately intervene on Thursday, June 12, 2008. Status of Sitapuram Power Limited. again in a subdocket related to a

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compliance filing if you have previously authority, with an accompanying tariff. internet in lieu of paper. See 18 CFR intervened in the same docket. Protests The proposed market-based rate tariff 385.2001(a)(1)(iii) and the instructions will be considered by the Commission provides for the sale of energy, capacity on the Commission’s Web site under the in determining the appropriate action to and ancillary services at market-based ‘‘e-Filing’’ link. The Commission be taken, but will not serve to make rates. HEEP Fund also requested strongly encourages electronic filings. protestants parties to the proceeding. waivers of various Commission Kimberly D. Bose, Anyone filing a motion to intervene or regulations. In particular, HEEP Fund protest must serve a copy of that requested that the Commission grant Secretary. document on the Applicant. In reference blanket approval under 18 CFR Part 34 [FR Doc. E8–12661 Filed 6–5–08; 8:45 am] to filings initiating a new proceeding, of all future issuances of securities and BILLING CODE 6717–01–P interventions or protests submitted on assumptions of liability by HEEP Fund. or before the comment deadline need On May 30, 2008, pursuant to not be served on persons other than the delegated authority, the Director, DEPARTMENT OF ENERGY Applicant. Division of Tariffs and Market Development-West, granted the requests Federal Energy Regulatory The Commission encourages Commission electronic submission of protests and for blanket approval under Part 34 interventions in lieu of paper, using the (Director’s Order). The Director’s Order [Docket Nos. ER08–441–000; ER08–441– FERC Online links at http:// also stated that the Commission would 001; ER08–441–002; ER08–441–003] www.ferc.gov. To facilitate electronic publish a separate notice in the Federal Velocity American Energy Master I, service, persons with Internet access Register establishing a period of time for L.P.; Notice of Issuance of Order who will eFile a document and/or be the filing of protests. Accordingly, any person desiring to be heard concerning listed as a contact for an intervenor May 30, 2008. the blanket approvals of issuances of must create and validate an Velocity American Energy Master I, eRegistration account using the securities or assumptions of liability by HEEP Fund, should file a protest with L.P. (Velocity American Energy) filed an eRegistration link. Select the eFiling application for market-based rate link to log on and submit the the Federal Energy Regulatory Commission, 888 First Street, NE., authority, with an accompanying rate intervention or protests. schedule. The proposed market-based Persons unable to file electronically Washington, DC 20426, in accordance with Rules 211 and 214 of the rate schedule provides for the sale of should submit an original and 14 copies energy and capacity at market-based of the intervention or protest to the Commission’s Rules of Practice and Procedure. 18 CFR 385.211, 385.214 rates. Velocity American Energy also Federal Energy Regulatory Commission, requested waivers of various 888 First St., NE., Washington, DC (2004). The Commission encourages the electronic submission of protests using Commission regulations. In particular, 20426. Velocity American Energy requested The filings in the above proceedings the FERC Online link at http:// www.ferc.gov. that the Commission grant blanket are accessible in the Commission’s approval under 18 CFR Part 34 of all eLibrary system by clicking on the Notice is hereby given that the deadline for filing protests is June 30, future issuances of securities and appropriate link in the above list. They assumptions of liability by Velocity are also available for review in the 2008. Absent a request to be heard in American Energy. Commission’s Public Reference Room in opposition to such blanket approvals by On May 30, 2008, pursuant to Washington, DC. There is an the deadline above, HEEP Fund is delegated authority, the Director, eSubscription link on the Web site that authorized to issue securities and Division of Tariffs and Market enables subscribers to receive e-mail assume obligations or liabilities as a Development-West, granted the requests notification when a document is added guarantor, indorser, surety, or otherwise for blanket approval under Part 34 to a subscribed dockets(s). For in respect of any security of another (Director’s Order). The Director’s Order assistance with any FERC Online person; provided that such issuance or also stated that the Commission would service, please e-mail assumption is for some lawful object publish a separate notice in the Federal [email protected] or call within the corporate purposes of HEEP Register establishing a period of time for (866) 208–3676 (toll free). For TTY, call Fund, compatible with the public the filing of protests. Accordingly, any (202) 502–8659. interest, and is reasonably necessary or person desiring to be heard concerning Nathaniel J. Davis, Sr., appropriate for such purposes. the blanket approvals of issuances of Deputy Secretary. The Commission reserves the right to securities or assumptions of liability by [FR Doc. E8–12698 Filed 6–5–08; 8:45 am] require a further showing that neither Velocity American Energy, should file a public nor private interests will be protest with the Federal Energy BILLING CODE 6717–01–P adversely affected by continued Regulatory Commission, 888 First approvals of HEEP Fund’s issuance of Street, NE., Washington, DC 20426, in DEPARTMENT OF ENERGY securities or assumptions of liability. accordance with Rules 211 and 214 of Copies of the full text of the Director’s the Commission’s Rules of Practice and Federal Energy Regulatory Order are available from the Procedure. 18 CFR 385.211, 385.214 Commission Commission’s Public Reference Room, (2004). The Commission encourages the 888 First Street, NE., Washington, DC electronic submission of protests using [Docket Nos. ER08–797–000; ER08–797– 20426. The Order may also be viewed the FERC Online link at http:// 001] on the Commission’s Web site at www.ferc.gov. HEEP Fund, Inc.; Notice of Issuance of http://www.ferc.gov, using the eLibrary Notice is hereby given that the Order link. Enter the docket number excluding deadline for filing protests is June 30, the last three digits in the docket 2008. May 30, 2008. number filed to access the document. Absent a request to be heard in HEEP Fund, Inc. (HEEP Fund) filed an Comments, protests, and interventions opposition to such blanket approvals by application for market-based rate may be filed electronically via the the deadline above, Velocity American

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Energy is authorized to issue securities FEDERAL ENERGY REGULATORY communication and responses thereto and assume obligations or liabilities as COMMISSION in the decisional record. The a guarantor, indorser, surety, or Commission will grant such a request otherwise in respect of any security of [Docket No. RM98–1–000] only when it determines that fairness so another person; provided that such requires. Any person identified below as issuance or assumption is for some Records Governing Off-the-Record Communications; Public Notice having made a prohibited off-the-record lawful object within the corporate communication shall serve the purposes of Velocity American Energy, April 18, 2008. document on all parties listed on the compatible with the public interest, and This constitutes notice, in accordance official service list for the applicable is reasonably necessary or appropriate with 18 CFR 385.2201(b), of the receipt proceeding in accordance with Rule for such purposes. of prohibited and exempt off-the-record 2010, 18 CFR 385.2010. The Commission reserves the right to communications. require a further showing that neither Exempt off-the-record Order No. 607 (64 FR 51222, public nor private interests will be communications are included in the September 22, 1999) requires adversely affected by continued decisional record of the proceeding, Commission decisional employees, who approvals of Velocity American make or receive a prohibited or exempt unless the communication was with a Energy’s issuance of securities or off-the-record communication relevant cooperating agency as described by 40 assumptions of liability. to the merits of a contested proceeding, CFR 1501.6, made under 18 CFR Copies of the full text of the Director’s 385.2201(e) (1) (v). Order are available from the to deliver to the Secretary of the Commission’s Public Reference Room, Commission, a copy of the The following is a list of off-the- 888 First Street, NE., Washington, DC communication, if written, or a record communications recently 20426. The Order may also be viewed summary of the substance of any oral received by the Secretary of the on the Commission’s Web site at communication. Commission. The communications http://www.ferc.gov, using the eLibrary Prohibited communications are listed are grouped by docket numbers in link. Enter the docket number excluding included in a public, non-decisional file ascending order. These filings are the last three digits in the docket associated with, but not a part of, the available for review at the Commission number filed to access the document. decisional record of the proceeding. in the Public Reference Room or may be Comments, protests, and interventions Unless the Commission determines that viewed on the Commission’s Web site at may be filed electronically via the the prohibited communication and any http://www.ferc.gov using the eLibrary internet in lieu of paper. See, 18 CFR responses thereto should become a part link. Enter the docket number, of the decisional record, the prohibited 385.2001(a)(1)(iii) and the instructions excluding the last three digits, in the off-the-record communication will not on the Commission’s Web site under the docket number field to access the be considered by the Commission in ‘‘e-Filing’’ link. The Commission document. For assistance, please contact strongly encourages electronic filings. reaching its decision. Parties to a proceeding may seek the opportunity to FERC, Online Support at Kimberly D. Bose, respond to any facts or contentions [email protected] or toll Secretary. made in a prohibited off-the-record free at (866)208–3676, or for TTY, [FR Doc. E8–12660 Filed 6–5–08; 8:45 am] communication, and may request that contact (202)502–8659. BILLING CODE 6717–01–P the Commission place the prohibited Exempt:

Docket No. Date received Presenter or requester

1. CP07–208–000 ...... 5–5–08 ...... Hon. Charles A. Wilson.

Kimberly D. Bose, announces that EPA is planning to (EPA/DC), Water Docket, MC: 2822T, Secretary. submit a request to renew an existing 1200 Pennsylvania Ave., NW., [FR Doc. E8–12656 Filed 6–5–08; 8:45 am] approved Information Collection Washington, DC 20460. • BILLING CODE 6717–01–P Request (ICR) to the Office of Hand Delivery: EPA Docket Center, Management and Budget (OMB). This Public Reading Room, EPA ICR is scheduled to expire on September Headquarters West Building, Room ENVIRONMENTAL PROTECTION 30, 2008. Before submitting the ICR to 3334, 1301 Constitution Ave., NW., AGENCY OMB for review and approval, EPA is Washington, DC. Such deliveries are soliciting comments on specific aspects only accepted during the Docket’s [EPA–HQ–OW–2008–0438; FRL–8576–7] of the proposed information collection normal hours of operation, and special as described below. arrangements should be made for Agency Information Collection deliveries of boxed information. Activities; Proposed Collection; DATES: Comments must be submitted on Instructions: Direct your comments to Comment Request; Microbial Rules or before August 5, 2008. Docket ID No. EPA–HQ–OW–2008– (Renewal); EPA ICR No. 1895.04, OMB ADDRESSES: Submit your comments, 0438. EPA’s policy is that all comments Control No. 2040–0205 identified by Docket ID No. EPA–HQ– OW–2008–0438, by one of the following received will be included in the public AGENCY: Environmental Protection methods: docket without change and may be Agency. • http://www.regulations.gov (our made available online at http:// ACTION: Notice. preferred method): Follow the on-line www.regulations.gov, including any instructions for submitting comments. personal information provided, unless SUMMARY: In compliance with the • E-mail: [email protected]. the comment includes information Paperwork Reduction Act (PRA) (44 • Mail: U.S. Environmental claimed to be Confidential Business U.S.C. 3501 et seq.), this document Protection Agency, EPA Docket Center Information (CBI) or other information

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whose disclosure is restricted by statute. those documents in the public docket What Information Collection Activity or Do not submit information that you that are available electronically. Once in ICR Does This Apply to? consider to be CBI or otherwise the system, select ‘‘search,’’ then key in Affected entities: New and existing protected through http:// the docket ID number identified in this public water systems (PWS), primacy www.regulations.gov or e-mail. The document. agencies, and EPA. http://www.regulations.gov Web site is What Information Is EPA Particularly Title: Microbial Rules (Renewal). an ‘‘anonymous access’’ system, which Interested In? ICR numbers: EPA ICR No. 1895.04, means EPA will not know your identity OMB Control No. 2040–0205. or contact information unless you Pursuant to section 3506(c)(2)(A) of ICR status: This ICR is currently provide it in the body of your comment. the PRA, EPA specifically solicits scheduled to expire on September 30, If you send an e-mail comment directly comments and information to enable it 2008. An Agency may not conduct or to EPA without going through http:// to: sponsor, and a person is not required to www.regulations.gov your e-mail (i) Evaluate whether the proposed respond to, a collection of information, address will be automatically captured collection of information is necessary unless it displays a currently valid OMB and included as part of the comment for the proper performance of the control number. The OMB control that is placed in the public docket and functions of the Agency, including numbers for EPA’s regulations in title 40 made available on the Internet. If you whether the information will have of the CFR, after appearing in the submit an electronic comment, EPA practical utility; Federal Register when approved, are recommends that you include your (ii) evaluate the accuracy of the listed in 40 CFR part 9, are displayed name and other contact information in Agency’s estimate of the burden of the either by publication in the Federal the body of your comment and with any proposed collection of information, Register or by other appropriate means, disk or CD–ROM you submit. If EPA including the validity of the such as on the related collection cannot read your comment due to methodology and assumptions used; instrument or form, if applicable. The technical difficulties and cannot contact (iii) enhance the quality, utility, and display of OMB control numbers in you for clarification, EPA may not be clarity of the information to be certain EPA regulations is consolidated able to consider your comment. collected; and in 40 CFR part 9. Electronic files should avoid the use of (iv) minimize the burden of the Abstract: The Microbial Rules special characters, any form of collection of information on those who Renewal ICR examines public water encryption, and be free of any defects or are to respond, including through the system, primacy agency and EPA viruses. For additional information use of appropriate automated electronic, burden and costs for recordkeeping and about EPA’s public docket visit the EPA mechanical, or other technological reporting requirements in support of the Docket Center homepage at http:// collection techniques or other forms of microbial drinking water regulations. www.epa.gov/epahome/dockets.htm. information technology, e.g., permitting These recordkeeping and reporting FOR FURTHER INFORMATION CONTACT: electronic submission of responses. In requirements are mandatory for Richard Naylor, Drinking Water particular, EPA is requesting comments compliance with 40 CFR parts 141 and Protection Division, Office of Ground from very small businesses (those that 142. The following microbial Water and Drinking Water, (MC: employ less than 25) on examples of regulations are included: Surface Water 4606M), Environmental Protection specific additional efforts that EPA Treatment Rule (SWTR), Total Coliform Agency, 1200 Pennsylvania Ave., NW., could make to reduce the paperwork Rule (TCR), Interim Enhanced Surface Washington, DC 20460; telephone burden for very small businesses Water Treatment Rule (IESWTR), Filter number: 202–564–3847; fax number: affected by this collection. Backwash Recycling Rule (FBRR), Long 202–564–3755; e-mail address: What Should I Consider When I Term 1 Enhanced Surface Water [email protected]. Prepare My Comments for EPA? Treatment Rule (LT1ESWTR), Long SUPPLEMENTARY INFORMATION: Term 2 Enhanced Surface Water You may find the following Treatment Rule (LT2ESWTR), and How Can I Access the Docket and/or suggestions helpful for preparing your Ground Water Rule. Future microbial- Submit Comments? comments: related rulemakings will be added to EPA has established a public docket 1. Explain your views as clearly as this consolidated ICR after the for this ICR under Docket ID No. EPA– possible and provide specific examples. regulations are finalized and the initial, HQ–OW–2008–0438, which is available 2. Describe any assumptions that you rule-specific, ICRs are due to expire. for online viewing at http:// used. Burden Statement: The annual public www.regulations.gov, or in person 3. Provide copies of any technical reporting and recordkeeping burden for viewing at the Water Docket in the EPA information and/or data you used that this collection of information is Docket Center (EPA/DC), EPA West, support your views. estimated to average 0.79 hours per Room 3334, 1301 Constitution Ave., 4. If you estimate potential burden or response. Burden means the total time, NW., Washington, DC. The EPA/DC costs, explain how you arrived at the effort, or financial resources expended Public Reading Room is open from 8:30 estimate that you provide. by persons to generate, maintain, retain, a.m. to 4:30 p.m., Monday through 5. Offer alternative ways to improve or disclose or provide information to or Friday, excluding legal holidays. The the collection activity. for a Federal agency. This includes the telephone number for the Reading Room 6. Make sure to submit your time needed to review instructions; is 202–566–1744, and the telephone comments by the deadline identified develop, acquire, install, and utilize number for the Water Docket is 202– under DATES. technology and systems for the purposes 566–2426. 7. To ensure proper receipt by EPA, of collecting, validating, and verifying Use http://www.regulations.gov to be sure to identify the docket ID number information, processing and obtain a copy of the draft collection of assigned to this action in the subject maintaining information, and disclosing information, submit or view public line on the first page of your response. and providing information; adjust the comments, access the index listing of You may also provide the name, date, existing ways to comply with any the contents of the docket, and to access and Federal Register citation. previously applicable instructions and

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requirements which have subsequently ENVIRONMENTAL PROTECTION www.regulations.gov or e-mail. The changed; train personnel to be able to AGENCY http://www.regulations.gov Web site is an ’’anonymous access’’ system, which respond to a collection of information; [EPA–HQ–OW–2008–0437; FRL–8576–8] search data sources; complete and means EPA will not know your identity review the collection of information; Agency Information Collection or contact information unless you and transmit or otherwise disclose the Activities; Proposed Collection; provide it in the body of your comment. information. Comment Request; Public Water If you send an e-mail comment directly System Supervision Program to EPA without going through http:// The ICR provides a detailed www.regulations.gov your e-mail explanation of the Agency’s estimate, (Renewal); EPA ICR No. 0270.43, OMB Control No. 2040–0090 address will be automatically captured which is only briefly summarized here: and included as part of the comment Estimated total number of potential AGENCY: Environmental Protection that is placed in the public docket and respondents: 161,274. Agency. made available on the Internet. If you Frequency of response: Varies by ACTION: Notice. submit an electronic comment, EPA requirement (i.e., on occasion, monthly, recommends that you include your SUMMARY: In compliance with the quarterly, semi-annually, and annually). name and other contact information in Paperwork Reduction Act (PRA) (44 the body of your comment and with any Estimated total average number of U.S.C. 3501 et seq.), this document disk or CD–ROM you submit. If EPA responses for each respondent: 72. announces that EPA is planning to cannot read your comment due to Estimated total annual burden hours: submit a request to renew an existing technical difficulties and cannot contact 9,151,424 hours. approved Information Collection you for clarification, EPA may not be Request (ICR) to the Office of Estimated total annual costs: able to consider your comment. Management and Budget (OMB). This Electronic files should avoid the use of $118,653,327. This includes an ICR is scheduled to expire on September special characters, any form of estimated burden cost of $14,698,327 30, 2008. Before submitting the ICR to encryption, and be free of any defects or and an estimated cost of $22,793,000 for OMB for review and approval, EPA is viruses. For additional information capital investment and $81,162,000 for soliciting comments on specific aspects about EPA’s public docket visit the EPA maintenance and operational costs. of the proposed information collection Docket Center homepage at http:// Are There Changes in the Estimates as described below. www.epa.gov/epahome/dockets.htm. From the Last Approval? DATES: Comments must be submitted on FOR FURTHER INFORMATION CONTACT: or before August 5, 2008. Richard Naylor, Drinking Water There is an increase of 526,559 hours ADDRESSES: Submit your comments, Protection Division, Office of Ground in the total estimated respondent identified by Docket ID No. EPA–HQ– Water and Drinking Water, (MC: burden compared with that identified in OW–2008–0437, by one of the following 4606M), Environmental Protection the ICR currently approved by OMB. methods: Agency, 1200 Pennsylvania Ave., NW., This increase is primarily due to • http://www.regulations.gov (our Washington, DC 20460; telephone restructuring adjustments (i.e., preferred method): Follow the on-line number: 202–564–3847; fax number: incorporation of the approved burden instructions for submitting comments. 202–564–3755; e-mail address: hours from the previously stand-alone • E-mail: OW–[email protected]. [email protected]. ICRs for the Long Term 2 Enhanced • Mail: U.S. Environmental Surface Water Treatment Rule, and Protection Agency, EPA Docket Center SUPPLEMENTARY INFORMATION: Ground Water Rule (EPA/DC), Water Docket, MC: 2822T, How Can I Access the Docket and/or 1200 Pennsylvania Ave., NW., Submit Comments? What Is the Next Step in the Process for Washington, DC 20460. This ICR? • Hand Delivery: EPA Docket Center, EPA has established a public docket Public Reading Room, EPA for this ICR under Docket ID No. EPA– EPA will consider the comments Headquarters West Building, Room HQ–OW–2008–0437, which is available received and amend the ICR as 3334, 1301 Constitution Ave., NW., for online viewing at http:// appropriate. The final ICR package will Washington, DC. Such deliveries are www.regulations.gov, or in person then be submitted to OMB for review only accepted during the Docket’s viewing at the Water Docket in the EPA and approval pursuant to 5 CFR normal hours of operation, and special Docket Center (EPA/DC), EPA West, 1320.12. At that time, EPA will issue arrangements should be made for Room 3334, 1301 Constitution Ave., another Federal Register notice deliveries of boxed information. NW., Washington, DC. The EPA/DC pursuant to 5 CFR 1320.5(a)(1)(iv) to Instructions: Direct your comments to Public Reading Room is open from 8:30 announce the submission of the ICR to Docket ID No. EPA–HQ–OW–2008– a.m. to 4:30 p.m., Monday through OMB and the opportunity to submit 0437. EPA’s policy is that all comments Friday, excluding legal holidays. The additional comments to OMB. If you received will be included in the public telephone number for the Reading Room have any questions about this ICR or the docket without change and may be is 202–566–1744, and the telephone approval process, please contact the made available online at http:// number for the Water Docket is 202– technical person listed under FOR www.regulations.gov, including any 566–2426. FURTHER INFORMATION CONTACT. personal information provided, unless Use http://www.regulations.gov to the comment includes information obtain a copy of the draft collection of Dated: June 2, 2008. claimed to be Confidential Business information, submit or view public Cynthia C. Dougherty, Information (CBI) or other information comments, access the index listing of Director, Office of Ground Water and Drinking whose disclosure is restricted by statute. the contents of the docket, and to access Water. Do not submit information that you those documents in the public docket [FR Doc. E8–12708 Filed 6–5–08; 8:45 am] consider to be CBI or otherwise that are available electronically. Once in BILLING CODE 6560–50–P protected through http:// the system, select ‘‘search,’’ then key in

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the docket ID number identified in this What Information Collection Activity or estimated to average 6.5 hours per document. ICR Does This Apply To? response. Burden means the total time, effort, or financial resources expended What Information Is EPA Particularly Affected entities: New and existing by persons to generate, maintain, retain, Interested in? public water systems (PWS), primacy agencies, and EPA. or disclose or provide information to or Pursuant to section 3506(c)(2)(A) of Title: Public Water System for a Federal agency. This includes the the PRA, EPA specifically solicits Supervision Program (Renewal). time needed to review instructions; comments and information to enable it ICR numbers: EPA ICR No. 0270.43, develop, acquire, install, and utilize to: OMB Control No. 2040–0090. technology and systems for the purposes (i) Evaluate whether the proposed ICR status: This ICR is currently of collecting, validating, and verifying collection of information is necessary scheduled to expire on September 30, information, processing and for the proper performance of the 2008. An Agency may not conduct or maintaining information, and disclosing functions of the Agency, including sponsor, and a person is not required to and providing information; adjust the whether the information will have respond to, a collection of information, existing ways to comply with any practical utility; unless it displays a currently valid OMB previously applicable instructions and requirements which have subsequently (ii) evaluate the accuracy of the control number. The OMB control numbers for EPA’s regulations in title 40 changed; train personnel to be able to Agency’s estimate of the burden of the respond to a collection of information; proposed collection of information, of the CFR, after appearing in the Federal Register when approved, are search data sources; complete and including the validity of the review the collection of information; methodology and assumptions used; listed in 40 CFR part 9, are displayed either by publication in the Federal and transmit or otherwise disclose the (iii) enhance the quality, utility, and Register or by other appropriate means, information. clarity of the information to be such as on the related collection The ICR provides a detailed collected; and instrument or form, if applicable. The explanation of the Agency’s estimate, (iv) minimize the burden of the display of OMB control numbers in which is only briefly summarized here: collection of information on those who certain EPA regulations is consolidated Estimated total number of potential are to respond, including through the in 40 CFR part 9. respondents: 161,682. Frequency of response: Varies by use of appropriate automated electronic, Abstract: The Public Water System requirement (i.e., on occasion, monthly, mechanical, or other technological Supervision (PWSS) Program Renewal quarterly, semi-annually, and annually). collection techniques or other forms of ICR examines public water system, Estimated total average number of information technology, e.g., permitting primacy agency, EPA and tribal operator responses for each respondent: 3.1. electronic submission of responses. In certification provider burden and costs Estimated total annual burden hours: particular, EPA is requesting comments for ‘‘cross-cutting’’ recordkeeping and 3,249,695 hours. from very small businesses (those that reporting requirements (i.e., the burden Estimated total annual costs: employ less than 25) on examples of and costs for complying with drinking $119,174,000. This includes an specific additional efforts that EPA water information requirements that are estimated burden cost of $97,636,000 could make to reduce the paperwork not associated with contaminant- and an estimated cost of $21,538,000 for burden for very small businesses specific rulemakings). These activities capital investment or maintenance and affected by this collection. which have recordkeeping and reporting operational costs. requirements that are mandatory for What Should I Consider When I compliance with 40 CFR parts 141 and Are There Changes in the Estimates Prepare My Comments for EPA? 142 include the following: Consumer From the Last Approval? You may find the following Confidence Reports (CCRs), Primacy There is an increase of about 23,668 suggestions helpful for preparing your Regulation Activities, Variance and hours in the total estimated respondent comments: Exemption Rule (V/E Rule), General burden compared with that identified in 1. Explain your views as clearly as State Primacy Activities, Public the ICR currently approved by OMB. possible and provide specific examples. Notification (PN) and Proficiency This increase is due to restructuring Testing Studies for Drinking Water adjustments (i.e., incorporation of the 2. Describe any assumptions that you Laboratories. The information collection approved burden hours from the used. activities for both the Operator previously stand-alone ICR for the 3. Provide copies of any technical Certification/Expense Reimbursement Proficiency Testing Studies for Drinking information and/or data you used that Program and the Capacity Development Water Laboratories). support your views. Program are driven by the grant withholding and reporting provisions What Is the Next Step in the Process for 4. If you estimate potential burden or This ICR? costs, explain how you arrived at the under sections 1419 and 1420, estimate that you provide. respectively, of the Safe Drinking Water EPA will consider the comments Act. Although the Tribal Operator received and amend the ICR as 5. Offer alternative ways to improve Certification Program is voluntary, the appropriate. The final ICR package will the collection activity. information collection is driven by grant then be submitted to OMB for review 6. Make sure to submit your eligibility requirements outlined in the and approval pursuant to 5 CFR comments by the deadline identified Drinking Water Infrastructure Grant 1320.12. At that time, EPA will issue under DATES. Tribal Set-Aside Program Final another Federal Register notice 7. To ensure proper receipt by EPA, Guidelines and the Tribal Drinking pursuant to 5 CFR 1320.5(a)(1)(iv) to be sure to identify the docket ID number Water Operator Certification Program announce the submission of the ICR to assigned to this action in the subject Guidelines. OMB and the opportunity to submit line on the first page of your response. Burden Statement: The annual public additional comments to OMB. If you You may also provide the name, date, reporting and recordkeeping burden for have any questions about this ICR or the and Federal Register citation. this collection of information is approval process, please contact the

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technical person listed under FOR procedures prescribed in 5 CFR 1320.12. Abstract: EPA supports the Air FURTHER INFORMATION CONTACT. On February 28, 2008 (73 FR 10765), Quality Index (AQI), a program that uses Dated: June 2, 2008. EPA sought comments on this ICR data from air quality monitors to Cynthia C. Dougherty, pursuant to 5 CFR 1320.8(d). EPA forecast pollution levels and to notify received no comments. Any additional the public of health hazards associated Director, Office of Ground Water and Drinking Water. comments on this ICR should be with air pollution, primarily ozone and submitted to EPA and OMB within 30 particulate matter pollution (PM). EPA, [FR Doc. E8–12709 Filed 6–5–08; 8:45 am] days of this notice. specifically the Office of Air Quality BILLING CODE 6560–50–P EPA has established a public docket Planning and Standards, which manages for this ICR under Docket ID No. EPA– the AQI program, is interested in ENVIRONMENTAL PROTECTION HQ\OAR–2008–0145, which is assessing the public’s awareness, AGENCY available for online viewing at knowledge and both stated and actual www.regulations.gov, or in person behavioral response to AQI warnings. [EPA–HQ–OAR–2008–0145; FRL–8576–9] viewing at the Air and Radiation Docket To address this need, OAQPS wishes to in the EPA Docket Center (EPA/DC), conduct the National-Scale Activity Agency Information Collection EPA West, Room 3334, 1301 Surveys (N–SAS) to gather information Activities; Submission to OMB for Constitution Ave., NW., Washington, on perceptions, awareness, attitudes, Review and Approval; Comment DC. The EPA/DC Public Reading Room and stated and actual behaviors in Request; National-Scale Activity is open from 8 a.m. to 4:30 p.m., response to AQI warnings. Survey (N–SAS); EPA ICR No. 2293.01, Monday through Friday, excluding legal EPA is requesting permission from OMB Control No. 2060–NEW holidays. The telephone number for the OMB to conduct a survey of 1,600 AGENCY: Environmental Protection Reading Room is 202–566–1744, and the individuals age 35 or older who meet Agency. telephone number for the Air and minimal activity requirements living in ACTION: Notice. Radiation Docket is 202–566–1742. Washington, DC; Sacramento (also other Use EPA’s electronic docket and cities in San Joaquin Valley—San SUMMARY: In compliance with the comment system at Joaquin, Stanislaus, Merced, Madera, Paperwork Reduction Act (PRA) (44 www.regulations.gov, to submit or view Fresno), Chicago, Dallas, Houston, U.S.C. 3501 et seq.), this document public comments, access the index Atlanta, Philadelphia, or St. Louis. The announces that an Information listing of the contents of the docket, and data will be collected through a web- Collection Request (ICR) has been to access those documents in the docket based survey of members from forwarded to the Office of Management that are available electronically. Once in Knowledge Network’s web panel. and Budget (OMB) for review and the system, select ‘‘docket search,’’ then The N–SAS consists of a series of nine approval. This is a request for a new key in the docket ID number identified surveys. A screening survey at the collection. The ICR, which is abstracted above. Please note that EPA’s policy is beginning and a debriefing survey at the below, describes the nature of the that public comments, whether end will provide information on the information collection and its estimated submitted electronically or in paper, research participants, their awareness burden and cost. will be made available for public and knowledge of air pollution and the DATES: Additional comments may be viewing at www.regulations.gov as EPA Air Quality Index (AQI), risk submitted on or before July 7, 2008. receives them and without change, perceptions regarding health effects, and ADDRESSES: Submit your comments, unless the comment contains reported behaviors on high ozone days. referencing Docket ID No. EPA–HQ– copyrighted material, confidential After the screening survey, research OAR–2008–0145, to (1) EPA online business information (CBI), or other participants will be administered a set using www.regulations.gov (our information whose public disclosure is of seven activity diaries administered on preferred method), by e-mail to a-and- restricted by statute. For further both high and low ozone days to collect [email protected], or by mail to: EPA information about the electronic docket, information on actual behavior. Docket Center, Environnemental go to www.regulations.gov. The information obtained from N– Protection Agency, Air and Radiation Title: National-Scale Activity Survey SAS will be used by EPA to assess Docket and Information Center, 1200 (N–SAS). hypotheses for the N–SAS research ICR numbers: EPA ICR No. 2293.01, participants regarding: Pennsylvania Ave., NW., Washington, • DC 20460, and (2) OMB by mail to: OMB Control No. 2060–NEW. Extent of awareness of and Office of Information and Regulatory ICR Status: This ICR is for a new knowledge about the AQI; • Affairs, Office of Management and information collection activity. An The effects of the AQI-based Budget, Attention: Desk Officer for EPA, Agency may not conduct or sponsor, warnings on behavior in eight cities 725 17th Street, NW., Washington, DC and a person is not required to respond with significant pollution problems; • 20503. to, a collection of information, unless it The correlation between awareness, displays a currently valid OMB control knowledge, stated behavior on high FOR FURTHER INFORMATION CONTACT: number. The OMB control numbers for pollution days and data on behavior Zachary Pekar, Health and EPA’s regulations in title 40 of the CFR, reported in the activity diariesl; Environmental Impacts Division, Office after appearing in the Federal Register • Differences in behavior, awareness of Air Quality Planning and Standards, when approved, are listed in 40 CFR and knowledge among different sub- U.S. Environmental Protection Agency, part 9, are displayed either by samples of the N–SAS research Mail Code C504–06, Research Triangle publication in the Federal Register or participants. Park, NC 27711; telephone: 919–541– by other appropriate means, such as on In addition to assessing the 3704; fax: 919–541–0237; e-mail: the related collection instrument or effectiveness of AQI-based ozone [email protected]. form, if applicable. The display of OMB warnings, the data will also be used to SUPPLEMENTARY INFORMATION: EPA has control numbers in certain EPA supplement the limited data available to submitted the following ICR to OMB for regulations is consolidated in 40 CFR develop exposure profiles for older review and approval according to the part 9. Americans.

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Participation in N–SAS and response ENVIRONMENTAL PROTECTION EIS No. 20080117, ERP No. D–AFS– to individual questions are voluntary. AGENCY L65550–00, Selway-Bitterroot The respondents will be anonymous to Wilderness Plants Management EPA and contractor staff and Knowledge [ER–FRL–6699–6] Project, To Prevent the Establishment Networks keeps identify of respondents of New Invaders and Reduce the Environmental Impact Statements and confidential. Impacts of Established Invasive Plants Regulations; Availability of EPA on Native Plant Community Stability, Burden Statement: The annual public Comments Sustainability and Diversity, Nez reporting and recordkeeping burden for Availability of EPA comments Perce, Clearwater, Lolo, and Bitterroot this collection of information is National Forests, ID and MT. estimated to average 0.25 hours per prepared pursuant to the Environmental response. Burden means the total time, Review Process (ERP), under section Summary: EPA expressed effort, or financial resources expended 309 of the Clean Air Act and Section environmental concerns about potential 102(2)(c) of the National Environmental by persons to generate, maintain, retain, herbicide treatment impacts to water Policy Act as amended. Requests for or disclose or provide information to or quality within waterbodies that copies of EPA comments can be directed for a Federal agency. This includes the presently do not meet water quality to the Office of Federal Activities at time needed to review instructions; standards. The final EIS should include 202–564–7167. information demonstrating that weed develop, acquire, install, and utilize An explanation of the ratings assigned technology and systems for the purposes treatments would be protective of water to draft environmental impact quality. Rating EC2. of collecting, validating, and verifying statements (EISs) was published in FR information, processing and dated April 11, 2008 (73 FR 19833). EIS No. 20080126, ERP No. D–AFS– maintaining information, and disclosing L65551–ID, Corralled Bear Project, and providing information; adjust the Draft EISs Management of Vegetation, Hazardous existing ways to comply with any EIS No. 20080057, ERP No. D–AFS– Fuels, and Access, Plus Watershed previously applicable instructions and J65509–MT, Young Dodge Project, Improvements, Palouse Ranger requirements which have subsequently Proposed Timber Harvest and District, Clearwater National Forest, changed; train personnel to be able to Associate Activities, Prescribed Latah County, ID. respond to a collection of information; Burning, Road and Recreation Summary: EPA supports the search data sources; complete and Management, Kootenai National management direction proposed under review the collection of information; Forest, Rexford Ranger District, Alternative 3 and requested that the and transmit or otherwise disclose the Lincoln County, MT. final EIS include additional clarification information. Summary: EPA supports activities to on the proposed OHV route Respondents/Affected Entities: reduce hazardous fuels and fire risk in designations. Rating LO. Members of the Knowledge Networks wildland and urban interface, and restore declining tree species. However, EIS No. 20080153, ERP No. DS–NOA– web panel (1) age 35 or older, (2) who EPA expressed environmental concerns E91021–00, Snapper Grouper respond yes to ‘‘During the past month, about the impacts from disturbance to Amendment 15B, Fishery did you participate in any physical soil, water, wildlife and habitat Management Plan, Updated activities or exercises such as running, connectivity, and recommended Information on the Economic calisthenics, golf, gardening, or walking modifications to the preferred Analysis for the Bag Limit Sales for exercise?’’ and (3) live in alternative, including additional road Provision, Update Management Washington, DC; Sacramento (also other segment closure to reduce these Reference Point for Golden Tilefish cities in San Joaquin Valley—San impacts. Rating EC2. (Lopholatilus chamaeleonticeps); Define Allocations for Snowy Grouper Joaquin, Stanislaus, Merced, Madera, EIS No. 20080059, ERP No. D–AFS– (Epinephelus niveatus) and Red Porgy Fresno), Chicago, Dallas, Houston, J65510–UT, Uinta National Forest Oil (Pagrus pagrus), NC, SC, FL, and GA. Atlanta, Philadelphia, or St. Louis. and Gas Leasing, Implementation, Estimated Number of Respondents: Identify National Forest Systems Land Summary: EPA does not object to the 1,600. with Federal Mineral Rights, Wasatch, proposed action. Rating LO. Utah, Juab, Tooele, and Sanpete Frequency of Response: Up to 10 Final EISs responses per respondent over 4 Counties, UT months. Summary: EPA expressed EIS No. 20080157, ERP No. F–AFS– environmental concerns about air L65522–WA, Gifford-Pinchot National Estimated Total Annual Hour Burden: quality, wetlands, and inventoried Forest and Columbia River Gorge 828 hours. roadless areas, and recommended National Scenic Area (Washington Estimated Total Annual Cost: confirmation of the anticipated air Portion) Site-Specific Invasive Plant $22,803, includes $0 annualized capital impacts and clarification of the Treatment Project, Implementation, or O&M costs. wetlands and roadless area impacts. Skamania, Cowlitz, Lewis, Clark, Dated: June 2, 2008. Rating EC2. Klickitat Counties, WA. Sara Hisel-McCoy, EIS No. 20080095, ERP No. D–NOA– Summary: No formal comment letter L39065–OR, Bull Run Water Supply was sent to the preparing agency. Director, Collection Strategies Division. Habitat Conservation Plan, [FR Doc. E8–12729 Filed 6–5–08; 8:45 am] Application for and Incidental Take Dated: June 3, 2008. BILLING CODE 6560–50–P Permit to cover the Continued Robert W. Hargrove, Operation and Maintenance, Sandy Director, NEPA Compliance Division, Office River Basin, City of Portland, OR of Federal Activities. Summary: EPA does not object to the [FR Doc. E8–12710 Filed 6–5–08; 8:45 am] proposed project. Rating LO. BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION not limited to: Those persons who are ENVIRONMENTAL PROTECTION AGENCY or may be required to conduct testing of AGENCY chemical substances under the Federal [EPA–HQ–OPP–2008–0143; FRL–8366–5] Food, Drug and Cosmetic Act (FFDCA), [EPA—New England Region I—EPA–R01– OW–2008–0213; FRL–8574–6] The Association of American Pesticide or the Federal Insecticide, Fungicide, Control Officials/State FIFRA Issues and Rodenticide Act (FIFRA). Massachusetts Marine Sanitation Research and Evaluation Group; B. How Can I Get Copies of this Device Standard—Receipt of Petition Notice of Public Meeting Document and Other Related AGENCY: Environmental Protection Information? AGENCY: Environmental Protection Agency (EPA). Agency (EPA). 1. Docket. EPA has established a ACTION: Notice—receipt of petition. ACTION: Notice. docket for this action under docket ID number EPA–HQ–OPP–2008–0143. SUMMARY: Notice is hereby given that a SUMMARY: The Association of American Publicly available docket materials are petition has been received from the Pesticide Control Officials (AAPCO)/ available either in the electronic docket Commonwealth of Massachusetts State FIFRA Issues Research and at http://www.regulations.gov, or, if only requesting a determination by the Evaluation Group (SFIREG) will hold a available in hard copy, at the Office of Regional Administrator, U.S. 2–day meeting, beginning on June 23, Pesticide Programs (OPP) Regulatory Environmental Protection Agency, that 2008 and ending June 24, 2008. This Public Docket in Rm. S–4400, One adequate facilities for the safe and notice announces the location and times Potomac Yard (South Bldg.), 2777 S. sanitary removal and treatment of for the meeting and sets forth the Crystal Dr., Arlington, VA. The hours of sewage from all vessels are reasonably tentative agenda topics. operation of this Docket Facility are available for all Boston Harbor waters of DATES: The meeting will be held on from 8:30 a.m. to 4 p.m., Monday the Inner and Outer Harbor and will Monday, June 23, 2008 from 8:30 a.m. through Friday, excluding legal extend into Massachusetts Bay to to 5 p.m. and 8:30 a.m. to 12 noon on holidays. The Docket Facility telephone encompass all of the islands in the Tuesday, June24, 2008. number is (703) 305–5805. Boston Harbor Islands National Park To request accommodation of a 2. Electronic access. You may access Area, including the Brewster Islands disability, please contact the person this Federal Register document and the Graves. It will include sections listed under FOR FURTHER INFORMATON electronically through the EPA Internet of the Chelsea, Mystic, Charles, CONTACT, preferably at least 10 days under the ‘‘Federal Register’’ listings at Neponset, Weymouth Fore, Weymouth prior to the meeting, to give EPA as http://www.epa.gov/fedrgstr. Back and Weir Rivers, all of which feed much time as possible to process your into the harbor. The waters of the request. II. Background proposed NDA fall within the jurisdictions of Boston, Braintree, ADDRESSES: The meeting will be held at 1. Web Based Labeling for Pesticides EPA, One Potomac Yard (South Bldg) 2. Report from OPP and Office of Cambridge, Chelsea, Everett, Hingham, 2777 Crystal Drive, Arlington, VA., 4th Water on Cooperation on Pesticide Hull, Milton, Newton, Quincy, Floor South Conference Room. Issues Watertown, Weymouth, and Winthrop. DATES: FOR FURTHER INFORMATION CONTACT: 3. Enforceability/Accountability of July 7, 2008. Georgia McDuffie, Field and External Label Language ADDRESSES: Submit your comments, Affairs Division, 7506P. Office of 4. PR Notice on HAVC Labeling and identified by Docket ID No. EPA–R01– Pesticide Programs, Environmental Regulated Community Concerns OW–2008–0213 by one of the following Protection Agency, 1200 Pennsylvania 5. Endangered Species methods: http://www.regulations.gov, Ave., NW., Washington, DC 20460– Implementation Follow the on-line instructions for 0001; telephone number: (703) 605– 6. Update on Container/Containment submitting comments. 0195; fax number: (703) 308–1850; e- Regulations and Revisions E-mail: [email protected]. mail address: [email protected] 7. Recycling Regulations Fax: (617) 918–0538. Mail and hand delivery: U.S. or Grier Stayton, SFIREG Executive 8. Tribal Pesticide Program Council Environmental Protection Agency—New Secretary, P.O. Box 466, Milford, DE Update England Region, One Congress Street, 19963; telephone number: (302) 422– 9. OPP and OECA Program Updates Suite 1100, COP, Boston, MA 02114– 8152; fax (302) 422–2435; e-mail 10. AAPSE Update address: grier stayton.aapco- 2023. Deliveries are only accepted 11. Regional Reports [email protected]. during the Regional Office’s normal 12. Working Committee Reports hours of operation (8 a.m.–5 p.m., SUPPLEMENTARY INFORMATION: 13. Part Measures and Goals Monday through Friday, excluding legal I. General Information 14. Drift Mitigation Statements for holidays), and special arrangements Pyrethroids and 2,4-D should be made for deliveries of boxed A. Does this Action Apply to Me? 15. Update on Region 5 Pilot Project information. You may be potentially affected by on Water Quality Benchmark Methods. Instructions: Direct your comments to this action if you are interested in Docket ID No. EPA–R01–OW–2008– SFIREG information exchange List of Subjects 0213. EPA’s policy is that all comments relationship with EPA regarding Environmental protection. received will be included in the public important issues related to human docket without change and may be health, environmental exposure to Dated: May 16, 2008 made available online at http:// pesticides, and insight into EPA’s William R. Diamond, www.regulations.gov, including any decision-making process are invited and Director, Field External Affairs Division, personal information provided, unless encouraged to attend the meetings and Office of Pesticide Programs. the comment includes information participate as appropriate. Potentially [FR Doc. E8–12616 Filed 6–5–08; 8:45 am] claimed to be Confidential Business affected entities may include, but are BILLING CODE 6560–50–S Information (CBI) or other information

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whose disclosure is restricted by statute. encryption, and be free of any defects or FOR FURTHER INFORMATION CONTACT: Ann Do not submit information that you viruses. Rodney, U.S. Environmental Protection consider to be CBI or otherwise Docket: All documents in the docket Agency—New England Region, One protected through http:// are listed in the http:// Congress Street, Suite 1100, COP, www.regulations.gov, or e-mail. The www.regulations.gov index. Although Boston, MA 02114–2023. Telephone: http://www.regulations.gov Web site is listed in the index, some information is (617) 918–1538, Fax number: (617) 918– an ‘‘anonymous access’’ system, which not publicly available, e.g., CBI or other 0538; e-mail address: means EPA will not know your identity information whose disclosure is [email protected]. or contact information unless you restricted by statute. Certain other provide it in the body of your comment. material, such as copy-righted material, SUPPLEMENTARY INFORMATION: Notice is If you send an e-mail comment directly will be publicly available only in hard hereby given that a petition has been to EPA without going through http:// copy. Publicly available docket received from the Commonwealth of www.regulations.gov your e-mail materials are available either Massachusetts requesting a address will be automatically captured electronically in http:// determination by the Regional and included as part of the comment www.regulations.gov or in hard copy at Administrator, U.S. Environmental that is placed in the public docket and the U.S. Environmental Protection Protection Agency, pursuant to section made available on the Internet. If you Agency—New England Region, One 312(f)(3) of Public Law 92–500 as submit an electronic comment, EPA Congress Street, Suite 1100, COP, amended by Public Law 95–217 and Boston, MA 02114–2023. Such recommends that you include your Public Law 100–4, that adequate deliveries are only accepted during the name and other contact information in facilities for the safe and sanitary the body of your comment and with any Regional Office’s normal hours of removal and treatment of sewage from disk or CD–ROM you submit. If EPA operation, and special arrangements all vessels are reasonably available for cannot read your comment due to should be made for deliveries of boxed technical difficulties and cannot contact information. The Regional Office is the area within the following you for clarification, EPA may not be open from 8 a.m.–5 p.m., Monday boundaries: able to consider your comment. through Friday, excluding legal The seaward boundary of the NDA is Electronic files should avoid the use of holidays. The telephone number is (617) defined by municipal boundaries and, special characters, any form of 918–1538. where possible, aids to navigation.

Waterbody/General area Latitude Longitude

Landside Town boundary between Revere and Winthrop ...... 42° 23′ 30″ N 70° 58′ 50″ W Offshore town boundary between Nahant, Revere, and Winthrop ...... 42° 24′ 28″ N 70° 57′ 33″ W Offshore town boundary between Nahant and Winthrop ...... 42° 23′ 13″ N 70° 55′ 28″ W Offshore town boundary between Nahant and Winthrop ...... 42° 23′ 04″ N 70° 54′ 04″ W Offshore town boundary between Nahant and Winthrop ...... 42° 23′ 32″ N 70° 51′ 28″ W Aid to Navigation RW ‘‘BG’’ Mo (A), 1.6nm NNE of the Graves ...... 42° 23′ 27″ N 70° 51′ 30″ W Aid to Navigation G ‘‘5’’ Fl G 4s WHISTLE, 0.8nm NE of the Graves ...... 42° 22′ 34″ N 70° 51′ 29″ W Aid to Navigation R ‘‘2’’ Fl R 4s BELL, Three & One-Half Fathom Ledge ...... 42° 21′ 04″ N 70° 50′ 31″ W Aid to Navigation G ‘‘1’’ Q G WHISTLE, Thieves Ledge ...... 42° 19′ 32″ N 70° 49′ 51″ W Offshore town boundary between Hull and Cohasset ...... 42° 18′ 34″ N 70° 47′ 25″ W Landside boundary between Hull and Cohasset ...... 42° 15′ 54″ N 70° 49′ 34″ W

The landward boundaries of the proposed NDA are:

Waterbody/General area Latitude Longitude

The Saratoga Street bridge between Winthrop and Boston ...... 42° 22′ 58″ N 70° 59′ 40″ W The railway bridge on the Chelsea River between Chelsea and Revere ...... 42° 24′ 06″ N 71° 00′ 40″ W The Amelia Earhart Dam on the Mystic River ...... 42° 23′ 42″ N 71° 04′ 30″ W The Watertown Dam on the Charles River ...... 42° 21′ 55″ N 71° 11′ 22″ W The Baker Dam on the Neponset River ...... 42° 16′ 15″ N 71° 04′ 08″ W The Shaw Street bridge on the Weymouth Fore River ...... 42° 13′ 20″ N 71° 58′ 25″ W Where Bridge Street crosses the Weymouth Back River between Weymouth and Hingham ...... 42° 14′ 50″ N 70° 55′ 52″ W Where Nantasket Avenue crosses the Weir River between Hingham and Hull ...... 42° 15′ 37″ N 70° 50′ 41″ W

The proposed NDA boundary population may have a Marine pending. The majority of facilities are includes the municipal waters of Sanitation Device (MSD) of some type. connected directly into the local Boston, Braintree, Cambridge, Chelsea, There are marinas, yacht clubs and wastewater treatment system. A list of Everett, Hingham, Hull, Milton, public landings/piers in the proposed the facilities, phone numbers, locations, Newton, Quincy, Watertown, area with a combination of mooring and hours of operation is provided at Weymouth, and Winthrop. fields and dock space for the the end of this petition. Massachusetts has provided recreational and commercial vessels. Boston Harbor is rich in natural documentation indicating that the total Massachusetts has certified that there resources and includes the Boston vessel population is estimated to be are 35 pumpout facilities within the Harbor Islands National Park Area, four 8,720 in the proposed area. It is proposed area available to the boating state-recognized Areas of Critical estimated that 4,047 of the total vessel community and four additional facilities Environmental Concern (Rumney

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Marshes, Neponset River Estuary, Weir clams, lobsters, coastal and pelagic birds Children’s Museum, New England River Estuary, and Weymouth Back (including 5 listed species), striped bass, Aquarium, Faneuil Hall Marketplace, River), and numerous local parks and smelt, alewives and herring. The area the USS Constitution, Navy Yard beaches. Boston Harbor has eelgrass supports over 300 migratory bird Historical Park, and many other beds, salt marshes, estuaries and mud species. In addition to the natural attractions that bring an estimated 16 flats that provide suitable habitat for resources, the area has regional and million visitors per year. blue mussels, razor clams, soft shell national attractions such as the

PUMPOUT FACILITIES WITHIN PROPOSED NO DISCHARGE AREA

Mean low Name Location Contact information Hours water depth (ft)

Boston Harbor Shipyard and Marina ...... Boston ...... (617) 561–1400, VHF 9 ... 7 a.m.–8 p.m., On call ...... 25 ft. N/A. The Marina at Rowes Wharf ...... Boston ...... (617) 439–3131, VHF 9 ... 8 a.m.–4 p.m., May 1–Oct. 31 ...... 10 ft. Boston Waterboat Marina ...... Boston ...... (617) 523–1027, VHF 9 ... 7 a.m.–7 p.m., Call ahead ...... 5 ft to 25 ft. N/A. Boston Yacht Haven ...... Boston ...... (617) 367–5050, VHF 9 ... 8 a.m.–7 p.m...... 10 ft. Black Falcon Pier ...... Boston ...... (617) 946–4417 ...... 9 a.m.–5 p.m...... 35 ft. Boston Harbor Cruises ** ...... Boston ...... (617) 227–4321 ...... 6:30 a.m.–8:30 p.m. (weekdays), 10 22 ft. a.m.–6:30 p.m. (weekends). Boston Towing & Transportation ...... Boston ...... (617) 567–9100 ...... 24/7 ...... N/A. City of Boston * ...... Boston ...... TBD ...... TBD ...... N/A. Berth 10 * ...... Boston ...... (617) 918–6203 ...... TBD Mass Bays Lines ** ...... Boston ...... (617) 542–8000. Charles River Yacht Club ...... Cambridge ...... (617) 354–8881, VHF 9 ... 8 a.m.–8 p.m...... N/A. Charles Riverboat Company ** ...... Cambridge ...... (617) 621–3001. Constitution Marina ...... Charlestown ... (617) 241–9818, VHF 69 .. 9 a.m.–8 p.m. (summer), 9 a.m.–5 p.m. 30 ft. (winter). N/A. Mystic Marine ...... Charlestown ... (617) 293–6247, VHF 72 7 a.m.–7 p.m. (Mon–Fri) ...... 35 ft. 35 ft. Shipyard Quarters Marina ...... Charlestown ... (617) 242–2020, VHF 7, 9, 8 a.m.–7 p.m...... 20 ft. 16. N/A. Charlestown Pier 4 ...... Charlestown ... (617) 918–6231 ...... Appointment Only ...... 30 ft. Charlestown Pier 3 * ...... Charlestown ... (617) 918–6201 ...... TBD. Constellation Tug ** ...... Charlestown ... (617) 561–0223 ...... 24/7 ...... N/A. Marine at Admirals Hill ...... Chelsea ...... (617) 889–4002, VHF 9, 8 a.m.–5 p.m...... 6 ft. 10. Dorchester Yacht Club ...... Dorchester ...... (617) 436–1002, VHF 9 ... 8 a.m.–6 p.m...... 7 ft. Port Norfolk Yacht Club ...... Dorchester ...... (617) 822–3333, VHF 9, 24/7, self-service ...... 7.5 ft. 11. Town of Hingham ...... Hingham ...... (781) 741–1450, VHF 12, 3 p.m.–7 p.m. (Tue, Thurs, Sat & Sun) N/A. 16. Town of Hull ...... Hull ...... (781) 925–0316, VHF 9, 8 a.m.–4 p.m...... N/A. 16. *TBD. Quincy Bay ...... Quincy ...... (617) 908–9757, VHF 9 ... 8 a.m.–4 p.m. (weekend), High-tide N/A. (weekday). Bay Pointe Marina ...... Quincy ...... (617) 471–1777, VHF 9 ... Call ahead ...... 8 ft. Captain’s Cove Marina ...... Quincy ...... (617) 328–3331, VHF 69 .. 24/7 ...... 6 ft. Marina Bay on Boston Harbor ...... Quincy ...... (617) 847–1800, VHF 10 7:30 a.m.–8 p.m...... N/A. Town River Yacht Club ...... Quincy ...... (617) 471–2716, VHF 71 Call ahead ...... 35 ft. Harbor Express ** ...... Quincy ...... (617) 542–8000. Watertown Yacht Club ...... Watertown ...... (617) 924–9848 ...... 8 a.m.–4 p.m. (Tue–Thur, Sat), 11 6 ft. a.m.–7 p.m. (Fri). Wessagussett Yacht Club ...... Weymouth ...... VHF 71 ...... 6 a.m.–8 p.m. (Mon–Fri), 9 a.m.–9 p.m. 8 ft. (Sat–Sun). Town of Winthrop ...... Winthrop ...... (617) 839–4000, VHF 9, 10 a.m.–8 p.m...... N/A. 16. 8 to 30 ft. * = Pending facilities. ** = Private commercial facilities.

Dated: May 23, 2008. ENVIRONMENTAL PROTECTION 564–7167 or http://www.epa.gov/ Robert W. Varney, AGENCY compliance/nepa/ Regional Administrator, New England Region. Weekly receipt of Environmental Impact [FR Doc. E8–12224 Filed 6–5–08; 8:45 am] [ER–FRL–6699–5] Statements BILLING CODE 6560–50–P Filed 05/26/2008 through 05/30/2008. Environmental Impacts Statements; Pursuant to 40 CFR 1506.9. Notice of Availability EIS No. 20080215, Draft EIS, SFW, AK, Responsible Agency: Office of Federal Kenai National Wildlife Refuge Draft Activities, General Information (202) Revised Comprehensive Conservation

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Plan, Implementation, AK, Comment Comment Period Ends: 07/21/2008, Brett Jackson 512–536–5946. Revision Period Ends: 09/01/2008, Contact: Contact: Tori White 561–472–3517. of FR Published 05/30/2008: Rob Campellone 907–786–3982. EIS No. 20080223, Final EIS, AFS, MT, Correction to Title and Contact Person EIS No. 20080216, Final EIS, BPA, MT, Beartooth Ranger District Travel Name and Telephone. Libby (FEC) to Troy Section of BPA’s Management Planning, Proposing to EIS No. 20080213, Final EIS, COE, NC, Libby to Bonner Ferry 115-kilovolt Designate Routes for Public Motorized PCS Phosphate Mine Continuation, Transmission Line Project, Rebuilding Use, and Change Management of Pack New Information on Additional Transmission Line between Libby and and Saddle Stock on Certain Trail, Alternative ‘‘L’’ and ‘‘M’’, Proposes to Troy, Lincoln County, MT , Wait Beartooth Ranger District, Custer Expand its Existing Open Pit Period Ends: 07/07/2008, Contact: National Forest, Carbon, Stillwater, Phosphate Mining Operation into a Tish Eaton 503–230–3469. Sweet Grass, and Park Counties, MT, 3,412 Acre Tract, Pamlico River and EIS No. 20080217, Draft Supplement, Wait Period Ends: 07/07/2008, South Creek, near Aurora, Beaufort COE, CA, Pacific Los Angeles Marine Contact: Doug Epperly 406–657–6205, County, NC, Wait Period Ends: 07/09/ Terminal Crude Oil Marine Terminal, Ext–225. 2008, Contact: Tom Walker 828–271– Construction and Operation of a New EIS No. 20080224, Final EIS, STB, TX, 7980 Ext. 222. Revision of FR Notice Marine Terminal from Pier 400, Berth Southwest Gulf Railroad Project, Published 05/30/2008: Extending 408 Project, U.S. Army COE Section Construction and Operation Comment Period from 6/30/2008 to 10 and 404 Permits, Port of Los Exemption, To Transport Limestone 07/09/2008. Angeles, Los Angeles County, CA, from Vulcan Construction Materials Comment Period Ends: 07/29/2008, (VCM) Quarry to Del Rio Subdivision, Dated: June 3, 2008. Contact: Dr. Spencer D. MacNeil 805– Medina County, TX, Wait Period Robert W. Hargrove, 585–2152. Ends: 07/07/2008, Contact: Diana Director, NEPA Compliance Division, Office EIS No. 20080218, Draft EIS, AFS, SD, Wood 202–245–0302. of Federal Activities. West Rim Project, Proposes to EIS No. 20080225, Draft EIS, AFS, SD, [FR Doc. E8–12714 Filed 6–5–08; 8:45 am] Implement Multiple Resource South Project Area, Proposes Multiple BILLING CODE 6560–50–P Management Actions, Northern Hills Resource Management Actions, Hell Ranger District, Black Hills National Canyon Ranger District, Black Hills Forest, Lawrence County, SD, National Forest, Custer County, SD, Comment Period Ends: 07/21/2008, Comment Period Ends: 07/21/2008, FEDERAL HOUSING FINANCE BOARD Contact: Chris Stores 605–642–4622. Contact: Betsy Koncerak 605–673– Sunshine Act Meeting Notice; EIS No. 20080219, Draft EIS, NOA, 00, 4853. PROGRAMMATIC—Coral Restoration Announcing a Partially Open Meeting EIS No. 20080226, Final EIS, FRC, 00, of the Board of Directors in the Florida Keys and Flower Midcontinent Express Pipeline Garden Banks National Marine Project, (Docket Nos. CP08–6–000), Sanctuaries, Implementation, FL, TX, TIME AND DATE: The open meeting of the Construction and Operation to Board of Directors is scheduled to begin and LA, Comment Period Ends: 07/ Facilitate the Transport of 1,500, 000 21/2008, Contact: Alice Stratton 203– at 10 a.m., on Wednesday, June 11, dekatherms per day of Natural Gas 2008. The closed portion of the meeting 882–6515. from Production Fields in eastern TX, EIS No. 20080220, Draft EIS, FHW, CA, will follow immediately the open OK, and AR to Market Hub, Located portion of the meeting. Jepson Parkway Project, Proposes to in various counties and parishes in Upgrade and Link a Series of Existing OK, TX, LA, MS and AL , Wait Period PLACE: Board Room, First Floor, Federal Two and Four-Lane Roadways, Right- Ends: 07/07/2008, Contact: Patricia Housing Finance Board, 1625 Eye Street of-Way, Endangered Species Act Schaub 1–866–208–3372. NW., Washington DC 20006. Section 7 and U.S. Army COE Section 404 Permits, Solano County, CA, Amended Notices STATUS: The first portion of the meeting Comment Period Ends: 07/21/2008, EIS No. 20060490, Draft EIS, OSM, 00, will be open to the public. The final Contact: Melanie Brent 510–286– Black Mesa Project, Revisions to the portion of the meeting will be closed to 5231. Life-of-Mine Operation and the public. EIS No. 20080221, Final EIS, AFS, ID, Reclamation for the Kayenta and MATTER TO BE CONSIDERED AT THE OPEN Bussel 484 Project Area, Manage the Black Mesa Surface-Coal Mining PORTION: Amendment to the Capital Project Area to Achieve Desired Operations, Right-of-Way Grant, Structure Plan of the Federal Home Future Conditions for Vegetation, Mohave, Navajo, Coconino and Loan Bank of Dallas. Fire, Fuels, Recreation, Access, Yavapai Counties, AZ and Clark Wildlife, Fisheries, Soil and Water, County, NV, Comment Period Ends: MATTER TO BE CONSIDERED AT THE CLOSED Idaho Panhandle National Forest, St. 07/07/2008, Contact: Dennis PORTION: Periodic Update of Joe Ranger District, Shoshone County, Winterringer 303–293–5048. Revision Examination Program Development and ID , Wait Period Ends: 07/07/2008, to FR Notice Published 12/01/2006: Supervisory Findings. Contact: Cornie Hudson 208–245– Correction to Contact Person Name CONTACT PERSON FOR MORE INFORMATION: 2531. and Telephone. Shelia Willis, Paralegal Specialist, EIS No. 20080222, Draft EIS, COE, FL, EIS No. 20080205, Revised Final EIS, Office of General Counsel, at 202–408– South Florida Water Management FHW, TX, Grand Parkway/TX–99 2876 or [email protected]. District (SFWMD) Project, Propose to Segment F–1 Highway Construction, Dated: June 2, 2008. Construct and Operate Stormwater U.S. 290 to TX–249, Funding and U.S. Treatment Areas STAs) on Army COE Section 404 Permit By the Federal Housing Finance Board. Compartment B and C of the Issuance, Harris, Montgomery, Fort Christopher T. Curtis, Everglades Agriculture Area, U.S. Bend, Liberty, Brazoria, Galveston General Counsel. Army COE Section 404 Permit, Palm and Chambers Counties, TX, Wait [FR Doc. 08–1331 Filed 6–4–08; 10:17 am] Beach and Hendry Counties, FL, Period Ends: 07/10/2008, Contact: BILLING CODE 6725–01–P

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FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve System, June 2, 2008. System, June 3, 2008. Formations of, Acquisitions by, and Jennifer J. Johnson, Robert deV. Frierson, Mergers of Bank Holding Companies Secretary of the Board. Deputy Secretary of the Board. [FR Doc.E8–12632 Filed 6–5–08; 8:45 am] [FR Doc. E8–12670 Filed 6–5–08; 8:45 am] The companies listed in this notice BILLING CODE 6210–01–S have applied to the Board for approval, BILLING CODE 6210–01–S pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) FEDERAL RESERVE SYSTEM GENERAL SERVICES (BHC Act), Regulation Y (12 CFR Part ADMINISTRATION 225), and all other applicable statutes Formations of, Acquisitions by, and [OMB Control No. 3090–0080] and regulations to become a bank Mergers of Bank Holding Companies holding company and/or to acquire the General Services Administration assets or the ownership of, control of, or The companies listed in this notice Acquisition Regulation; Information the power to vote shares of a bank or have applied to the Board for approval, Collection; Final Payment Under bank holding company and all of the pursuant to the Bank Holding Company Building Services Contract banks and nonbanking companies Act of 1956 (12 U.S.C. 1841 et seq.) AGENCY: owned by the bank holding company, (BHC Act), Regulation Y (12 CFR Part Office of the Chief Acquisition Officer, GSA. including the companies listed below. 225), and all other applicable statutes ACTION: Notice of request for comments The applications listed below, as well and regulations to become a bank holding company and/or to acquire the regarding a renewal to an existing OMB as other related filings required by the clearance. Board, are available for immediate assets or the ownership of, control of, or inspection at the Federal Reserve Bank the power to vote shares of a bank or SUMMARY: Under the provisions of the indicated. The applications also will be bank holding company and all of the Paperwork Reduction Act of 1995 (44 available for inspection at the offices of banks and nonbanking companies U.S.C. Chapter 35), the General Services the Board of Governors. Interested owned by the bank holding company, Administration will be submitting to the persons may express their views in including the companies listed below. Office of Management and Budget writing on the standards enumerated in The applications listed below, as well (OMB) a request to review and approve the BHC Act (12 U.S.C. 1842(c)). If the as other related filings required by the a renewal of a currently approved proposal also involves the acquisition of Board, are available for immediate information collection requirement regarding final payment under building a nonbanking company, the review also inspection at the Federal Reserve Bank services contract. The clearance includes whether the acquisition of the indicated. The applications also will be currently expires on September 30, nonbanking company complies with the available for inspection at the offices of 2008. standards in section 4 of the BHC Act the Board of Governors. Interested (12 U.S.C. 1843). Unless otherwise Public comments are particularly persons may express their views in invited on: Whether this collection of noted, nonbanking activities will be writing on the standards enumerated in information is necessary and whether it conducted throughout the United States. the BHC Act (12 U.S.C. 1842(c)). If the will have practical utility; whether our Additional information on all bank proposal also involves the acquisition of estimate of the public burden of this holding companies may be obtained a nonbanking company, the review also collection of information is accurate, from the National Information Center includes whether the acquisition of the and based on valid assumptions and website at www.ffiec.gov/nic/. nonbanking company complies with the methodology; and ways to enhance the Unless otherwise noted, comments standards in section 4 of the BHC Act quality, utility, and clarity of the regarding each of these applications (12 U.S.C. 1843). Unless otherwise information to be collected. must be received at the Reserve Bank noted, nonbanking activities will be DATES: Submit comments on or before: indicated or the offices of the Board of conducted throughout the United States. August 5, 2008. Governors not later than June 30, 2008. Additional information on all bank FOR FURTHER INFORMATION CONTACT: Ms. A. Federal Reserve Bank of St. Louis holding companies may be obtained Meredith Murphy, Contract Policy (Glenda Wilson, Community Affairs from the National Information Center Division, GSA, (202) 208–6925. Officer) 411 Locust Street, St. Louis, website at www.ffiec.gov/nic/. ADDRESSES: Submit comments regarding Missouri 63166–2034: Unless otherwise noted, comments this burden estimate or any other aspect 1. Lea M. McMullan Trust, regarding each of these applications of this collection of information, including suggestions for reducing this Shelbyville, Kentucky, to acquire 100 must be received at the Reserve Bank burden to the Regulatory Secretariat percent of Golden Triangle Bancshares, indicated or the offices of the Board of (VPR), General Services Administration, Inc., Campbellsburg, Kentucky, and Governors not later than July 3, 2008. Room 4035, 1800 F Street, NW., thereby indirectly acquire voting shares A. Federal Reserve Bank of Washington, DC 20405. Please cite OMB of Citizens Bank, New Liberty, Richmond (A. Linwood Gill, III, Vice No. 3090–0080, Final Payment Under Kentucky. President) 701 East Byrd Street, Building Services Contract, in all 2. Citizens Union Bancorp of Richmond, Virginia 23261–4528: correspondence. Shelbyville, Inc., Shelbyville, Kentucky, 1. Virginia BanCorp, Inc., Petersburg, SUPPLEMENTARY INFORMATION: to acquire 100 percent of the voting Virginia, to become a bank holding shares of Golden Triangle Bancshares, company by acquiring 100 percent of A. Purpose Inc., Campbellsburg, Kentucky, and the voting shares of Virginia GSAR clause 552.232–72 requires thereby indirectly acquire voting shares Commonwealth Bank, Petersburg, building services contractors to submit of Citizens Bank, New Liberty, Virginia (formerly First Federal Savings a release of claims before final payment Kentucky. Bank of Virginia). is made.

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B. Annual Reporting Burden Maryland 20857, (301) 443–4422 habits, specifically increased calcium Respondents: 2000. (telephone), (301) 443–1384 (fax). and vitamin D consumption and weight- Responses Per Respondent: 1. SUPPLEMENTARY INFORMATION: The OWH bearing physical activity, to build strong Hours Per Response: .1. was established in 1991 to improve the bones. The campaign will plan, develop, Total Burden Hours: 200. health of American women by implement, and evaluate a national Obtaining Copies of Proposals: advancing and coordinating a social marketing campaign to increase Requesters may obtain a copy of the comprehensive women’s health agenda awareness of bone-healthy habits and information collection documents from throughout HHS. This program has two affect behavior change. The campaign the General Services Administration, goals: development and implementation will target the girls, their parents, and Regulatory Secretariat (VPR), 1800 F of model programs on women’s health; healthcare providers. Street, NW., Room 4035, Washington, and leading education, collaboration, In order to implement the National DC 20405, telephone (202) 501–4755. and coordination on women’s health. Bone Health Campaign, OWH is Please cite OMB Control No. 3090–0080, The program fulfills its mission through interested in establishing partnerships Final Payment Under Building Services competitive contracts and grants to an with private and public bone health- Contract, in all correspondence. array of community, academic, and and girls’ health-related organizations. other organizations at the national and As partners with HHS, these health Dated: May 30, 2008. community levels. National educational organizations can bring their ideas and Al Matera, campaigns provide information about expertise, administrative capabilities, Director, Office of Acquisition Policy. the important steps women and girls and resources that are consistent with [FR Doc. E8–12490 Filed 6–5–08; 8:45 am] can take to improve and maintain their the goals of the National Bone Health BILLING CODE 6820–61–M health. Campaign. In addition to womenshealth.gov, Given the National Bone Health OWH produces girlshealth.gov, a Web Campaign’s objectives, entities that have DEPARTMENT OF HEALTH AND site dedicated to providing relevant, similar goals and consistent interests, HUMAN SERVICES trustworthy, and commercial-free health appropriate expertise and resources, and information for girls ages 10–16. The would like to pursue bone health Call for Collaborating Partners for the Web site gives girls reliable information awareness activities in collaboration National Bone Health Campaign on the health issues they will face as with OWH are encouraged to reply to they become young women. Under the this notice. Working together, these AGENCY: Department of Health and purview of OWH, the Web site for the partnerships will provide innovative Human Services, Office of the Secretary, National Bone Health Campaign, opportunities to promote an increased Office of Public Health and Science, girlshealth.gov/bones, will be accessible national awareness of positive bone- Office on Women’s Health. through the girlshealth.gov site to reach healthy behaviors, with the end goal of ACTION: Notice. girls ages 9 to 14 with the goal of increased calcium and vitamin D increasing calcium and vitamin D consumption and weight-bearing SUMMARY: The U.S. Department of physical activity. Health and Human Services (HHS), consumption and weight-bearing Office on Women’s Health (OWH) physical activity. Dated: May 28, 2008. announces its new leadership of the In 2004, the Surgeon General exhorted Wanda K. Jones, National Bone Health Campaign and public, private, nonprofit, academic, Deputy Assistant Secretary for Health invites public and private sector bone and scientific stakeholders to increase (Women’s Health). health- and girls’ health-related awareness about bone health. The [FR Doc. E8–12756 Filed 6–5–08; 8:45 am] Surgeon General stated that, by 2020, organizations to participate as BILLING CODE 4150–33–P collaborating partners to provide advice half of all Americans older than age 50 on the development and dissemination will be at risk for fractures from of the campaign materials and messages. osteoporosis. His report emphasized DEPARTMENT OF HEALTH AND prevention of osteoporosis in HUMAN SERVICES DATES: Representatives of bone health adolescence through increased calcium and girls’ health organizations should and vitamin D consumption and weight- Centers for Disease Control and submit expressions of interest by June bearing physical activity. Prevention 28, 2008. Osteoporosis has been called a ADDRESSES: Expressions of interest, ‘‘pediatric disease with geriatric [60 Day–08–0740] comments, and questions may be consequences.’’ Though the disease Proposed Data Collections Submitted submitted by electronic mail to most often strikes later in life, the stage [email protected] ; or by regular one-half of the adult skeleton is formed. mail to Calvin Teel, M.S., Public Health In addition some groups, such as those In compliance with the requirement Advisor, Office on Women’s Health, with anorexia nervosa, can develop of Section 3506(c)(2)(A) of the Department of Health and Human osteoporosis much earlier. Sadly, only Paperwork Reduction Act of 1995 for Services, 5600 Fishers Lane, Parklawn 15 percent of adolescent girls get opportunity for public comment on Building, Room 16A–55, Rockville, enough calcium, according to the proposed data collection projects, the Maryland 20857, or via fax to (301) 443– National Osteoporosis Foundation. The Centers for Disease Control and 1384. Surgeon General’s Report also cited one Prevention (CDC) will publish periodic FOR FURTHER INFORMATION CONTACT: study that found only half of the summaries of proposed projects. To Calvin Teel, M.S., Public Health participants ages 12–21 exercise request more information on the Advisor, Office on Women’s Health, vigorously on a regular basis and 25 proposed projects or to obtain a copy of Department of Health and Human percent report no exercise at all. the data collection plans and Services, 5600 Fishers Lane, Parklawn The National Bone Health Campaign instruments, call 404–639–5960 or send Building, Room 16A–55, Rockville, is intended to help girls adopt healthy comments to Maryam Daneshvar, CDC

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Reports Clearance Officer, 1600 Clifton HIV-infected persons receiving care in sources of training and continuing Road, MS–D74, Atlanta, GA 30333 or the U.S. to: (a) Describe the clinical education about HIV care, and send an e-mail to [email protected]. status of recruited patients; (b) describe awareness of HIV treatment guidelines Comments are invited on: (a) Whether HIV care and support services being and resources. the proposed collection of information received and the quality of those In order to understand factors is necessary for the proper performance services; (c) describe the prevalence and associated with access to and quality of of the functions of the agency, including occurrence of co-morbidities related to care, it is necessary to understand the whether the information shall have HIV disease; (d) determine prevalence of characteristics of the HIV care providers practical utility; (b) the accuracy of the ongoing risk behaviors, as well as the randomly selected for inclusion in the agency’s estimate of the burden of the access to and use of prevention services project. This information will be proposed collection of information; (c) among persons living with HIV; and (e) obtained by conducting a provider ways to enhance the quality, utility, and identify met and unmet needs for HIV survey. All HIV care providers who are clarity of the information to be care and prevention services in order to sampled into MMP—about 1440 in all— collected; and (d) ways to minimize the inform community and care planning will be asked to participate in the burden of the collection of information groups, health care providers, and other survey, whether or not the provider’s on respondents, including through the stakeholders. In order to meet these patients participate in MMP. use of automated collection techniques objectives, patients will be recruited to Participation is voluntary. Those who or other forms of information the project from randomly selected HIV consent will be asked to complete a self- technology. Written comments should care providers (e.g., physicians and administered survey which will include be received within 60 days of this other care providers) in the U.S. questions about training history, areas of notice. MMP was implemented in 2005 and specialization, ongoing sources of Proposed Project is currently being conducted in 26 training and continuing education about Medical Monitoring Project— project areas. The methods for the HIV care, and awareness of HIV Revision—National Center for HIV, project remain the same; however, data treatment guidelines and resources. Viral Hepatitis, STD and TB Prevention collection instruments have been The information collected in the MMP (NCHHSTP), Centers for Disease Control revised based on experience in previous Provider Survey will be used in and Prevention (CDC). data collection cycles. An estimated conjunction with other MMP data to 8,320 patients will participate in MMP assess who is providing HIV care, to Background and Brief Description each data collection cycle. examine the impact of provider The Medical Monitoring Project As part of this current revision to characteristics on the quality and (MMP) is a nationally representative, MMP, CDC is requesting the addition of standard of care being provided to population-based surveillance system to a survey of randomly selected HIV care patients with HIV, and to determine assess clinical outcomes, behaviors, and providers (e.g., physicians, nurse opportunities to improve resources the quality of HIV care. The primary practitioners and physician’s assistants) available to HIV care providers. There is objectives of MMP are to obtain data in the U.S. regarding their training no cost to respondents other than their from a national probability sample of history, areas of specialization, ongoing time.

ESTIMATE OF ANNUALIZED BURDEN TABLE

Number of Average burden Respondents Number of responses per per response Total burden respondents respondent (in hours) (hours)

Patients interviewed with standard interview ...... 7,988 1 45/60 5,991 Patients interviewed with short interview ...... 166 1 20/60 55 Patient Proxies interviewed with proxy interview ...... 166 1 20/60 55 Facility staff pulling medical records ...... 7,488 1 3/60 374 Facility staff providing Estimated Patient Loads ...... 936 1 2 1,872 Facility staff providing patient lists ...... 1,030 1 30/60 515 Patients approached by facility staff for enrollment ...... 3,120 1 5/60 260 Providers completing a survey ...... 1,440 1 20/60 480

Total ...... 9,602

Dated: May 30, 2008. DEPARTMENT OF HEALTH AND (Pub. L. 92–463), the Centers for Disease Maryam I. Daneshvar, HUMAN SERVICES Control and Prevention (CDC) Acting Reports Clearance Officer, Centers for announces the aforementioned meeting: Disease Control and Prevention. Centers for Disease Control and Prevention Time and Date: 8:30 a.m.–5:00 p.m., July [FR Doc. E8–12640 Filed 6–5–08; 8:45 am] 8, 2008 (Closed). BILLING CODE 4163–18–P Disease, Disability, and Injury Place: Hyatt Regency Atlanta, 265 Prevention and Control Special Peachtree Street, NE., Atlanta, GA 30303, Emphasis Panel (SEP): CDC Grants for Telephone (404) 577–1234. Public Health Research Dissertation Status: The meeting will be closed to the (Panel B), Program Announcement public in accordance with provisions set (PAR) 07–231 forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, In accordance with Section 10(a)(2) of Management Analysis and Services Office, the Federal Advisory Committee Act CDC, pursuant to Public Law 92–463.

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Matters To Be Discussed: The meeting will Improvement, and Modernization Act of identify all the OPT/OSP locations. include the review, discussion, and 2003 (MMA) requires the Secretary of Form Number: CMS–381 (OMB# 0938– evaluation of ‘‘CDC Grants for Public Health the U.S. Department of Health and 0273); Frequency: Yearly; Affected Research Dissertation (Panel B), PAR07– Human Services to establish a pay-for- Public: State, Local, or Tribal 231.’’ performance (P4P) demonstration Contact Person for More Information: Governments; Number of Respondents: Christine Morrison, Ph.D., Scientific Review program with physicians to meet the 495; Total Annual Responses: 495; Total Administrator, Office of the Chief Science needs of eligible beneficiaries through Annual Hours: 866. the adoption and use of health Officer, CDC, 1600 Clifton Road, NE., 3. Type of Information Collection Mailstop D74, Atlanta, GA 30333, Telephone information technology (HIT) and (404) 639–3098. evidence-based outcome measures. The Request: Extension of a currently The Director, Management Analysis and Medicare Care Management approved collection; Title of Services Office, has been delegated the Performance Demonstration was Information Collection: Outpatient authority to sign Federal Register notices established in response to the MMA. Physical Therapy Speech Pathology pertaining to announcements of meetings and Mathematica Policy Research, Inc. is Survey Report and Supporting other committee management activities, for conducting an evaluation of the MCMP Regulations in 42 CFR 485.701–485.729. both CDC and the Agency for Toxic Substances and Disease Registry. on behalf of CMS. The goals of the Use: The Medicare program requires three-year demonstration are to improve OPT providers to meet certain health Dated: June 2, 2008. quality of care to eligible fee-for-service and safety requirements. The request for Elaine L. Baker, Medicare beneficiaries and encourage certification form is used by State Director, Management Analysis and Services the implementation and use of HIT. The agency surveyors to determine if Office, Centers for Disease Control and specific objectives are to promote minimum Medicare eligibility Prevention. continuity of care, help stabilize requirements are met. The survey report [FR Doc. E8–12679 Filed 6–5–08; 8:45 am] medical conditions, prevent or form records the results of the on-site BILLING CODE 4163–18–P minimize acute exacerbations of chronic survey. Form Number: CMS–1856 and conditions, and reduce adverse health 1893 (OMB# 0938–0065); Frequency: outcomes. The MMA authorizes a total Yearly and occasionally; Affected DEPARTMENT OF HEALTH AND of four sites in both urban and rural HUMAN SERVICES areas. The demonstration sites are in Public: State, Local, or Tribal Arkansas, California, Massachusetts, Governments; Number of Respondents: Centers for Medicare & Medicaid and Utah. The MCMP demonstration 495; Total Annual Responses: 495; Total Services will target practices serving at least 50 Annual Hours: 866. [Document Identifier: CMS–10256, CMS–381 traditional fee-for-service Medicare To obtain copies of the supporting and CMS–1856/1893] beneficiaries with congestive heart statement and any related forms for the failure, coronary heart disease, and proposed paperwork collections Agency Information Collection diabetes for whom they provide primary referenced above, access CMS’ Web site Activities: Proposed Collection; care. address at http://www.cms.hhs.gov/ Comment Request An impact analysis using a PaperworkReductionActof1995, or E- comparison group design will be mail your request, including your Agency: Centers for Medicare & conducted as part of the evaluation. address, phone number, OMB number, Medicaid Services. Physician practices in selected non- and CMS document identifier, to In compliance with the requirement demonstration States that match most of section 3506(c)(2)(A) of the closely those in demonstration States on [email protected], or call the Paperwork Reduction Act of 1995, the key factors will make up the comparison Reports Clearance Office on (410) 786– Centers for Medicare & Medicaid group. The impact analysis will use data 1326. Services (CMS) is publishing the from four data sources: (1) A beneficiary In commenting on the proposed following summary of proposed survey, (2) a physician survey, (3) information collections please reference collections for public comment. Medicare claims and eligibility data, the document identifier or OMB control Interested persons are invited to send and (4) practice-specific data. This number. To be assured consideration, comments regarding this burden request relates to the two surveys. Form comments and recommendations must estimate or any other aspect of this Number: CMS–10256 (OMB# 0938– be submitted in one of the following collection of information, including any New); Frequency: Once; Affected Public: ways by August 5, 2008: of the following subjects: (1) The Business or other for-profits, and necessity and utility of the proposed Individual and households; Number of 1. Electronically. You may submit information collection for the proper Respondents: 6,400; Total Annual your comments electronically to http:// performance of the agency’s functions; Responses: 6,400; Total Annual Hours: www.regulations.gov. Follow the (2) the accuracy of the estimated 1,472. instructions for ‘‘Comment or burden; (3) ways to enhance the quality, 2. Type of Information Collection Submission’’ or ‘‘More Search Options’’ utility, and clarity of the information to Request: Extension of a currently to find the information collection be collected; and (4) the use of approved collection; Title of document(s) accepting comments. automated collection techniques or Information Collection: Identification of 2. By regular mail. You may mail other forms of information technology to Extension Units of Outpatient Physical written comments to the following minimize the information collection Therapy (OPT)/Outpatient Speech address: CMS, Office of Strategic burden. Pathology (OSP) Providers; Use: Operations and Regulatory Affairs, 1. Type of Information Collection Medicare provides OPT/OSP providers Division of Regulations Development, Request: New collection; Title of to be surveyed to determine compliance Information Collection: Medicare Care with Federal Regulations. All locations Attention: Document Identifier/OMB Management Performance (MCMP) where OPT/OSP providers furnish Control Number llll, Room C4–26– Demonstration; Use: Section 649 of the services must meet these requirements. 05, 7500 Security Boulevard, Baltimore, Medicare Prescription Drug, The CMS–381 is the form used to Maryland 21244–1850.

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Dated: May 30, 2008. (OMB# 0938–NEW); Frequency: Once; address, phone number, OMB number, Michelle Shortt, Affected Public: Individuals or and CMS document identifier, to Director, Regulations Development Group, households; Number of Respondents: [email protected], or call the Office of Strategic Operations and Regulatory 800; Total Annual Responses: 800; Total Reports Clearance Office on (410) 786– Affairs. Annual Hours: 400. 1326. [FR Doc. E8–12573 Filed 6–5–08; 8:45 am] 2. Type of Information Collection To be assured consideration, BILLING CODE 4120–01–P Request: Extension of a currently comments and recommendations for the approved collection; Title of proposed information collections must Information Collection: Quarterly be received by the OMB desk officer at DEPARTMENT OF HEALTH AND Children’s Health Insurance Program the address below, no later than 5 p.m. HUMAN SERVICES Statement of Expenditures for Title XXI; on July 7, 2008. OMB Human Resources Use: States use the form CMS–21 to and Housing Branch, Attention: Carolyn Centers for Medicare & Medicaid report budget, expenditure, and related Raffaelli, New Executive Office Services statistical information required for Building, Room 10235, Washington, DC [Document Identifier: CMS–10262, CMS–21 implementation of the Children’s Health 20503, Fax Number: (202) 395–6974. and 21B, CMS–10143 and CMS–64] Insurance Program. Form Number: CMS–21 and 21B (OMB# 0938–0731); Dated: May 30, 2008. Agency Information Collection Frequency: Quarterly; Affected Public: Michelle Shortt, Activities: Submission for OMB State, Local or Tribal Government; Director, Regulations Development Group, Review; Comment Request Number of Respondents: 56; Total Office of Strategic Operations and Regulatory Annual Responses: 448; Total Annual Affairs. Agency: Centers for Medicare & Hours: 7,840. [FR Doc. E8–12574 Filed 6–5–08; 8:45 am] Medicaid Services. 3. Type of Information Collection BILLING CODE 4120–01–P In compliance with the requirement Request: Extension of a currently of section 3506(c)(2)(A) of the approved collection; Title of Paperwork Reduction Act of 1995, the Information Collection: Monthly State DEPARTMENT OF HEALTH AND Centers for Medicare & Medicaid File of Medicaid/Medicare Dual Eligible HUMAN SERVICES Services (CMS), Department of Health Enrollees; Use: The monthly file of dual and Human Services, is publishing the eligible enrollees will be used to Centers for Medicare and Medicaid following summary of proposed determine those duals with drug Services collections for public comment. benefits for the phased down State [Document Identifier: CMS–10267] Interested persons are invited to send contribution process required by the comments regarding this burden Medicare Modernization Act of 2003. Emergency Clearance: Public estimate or any other aspect of this These data are also used to support Part Information Collection Requirements collection of information, including any D subsidy determinations and auto- Submitted to the Office of Management of the following subjects: (1) The assignment of individuals to Part D and Budget (OMB) necessity and utility of the proposed plans. Form Number: CMS–10143 information collection for the proper (OMB# 0938–0958); Frequency: Agency: Centers for Medicare and performance of the Agency’s function; Monthly; Affected Public: State, Local or Medicaid Services, HHS. (2) the accuracy of the estimated Tribal Governments; Number of In compliance with the requirement burden; (3) ways to enhance the quality, Respondents: 51; Total Annual of section 3506(c)(2)(A) of the utility, and clarity of the information to Responses: 612; Total Annual Hours: Paperwork Reduction Act of 1995, the be collected; and (4) the use of 6,120. Centers for Medicare and Medicaid automated collection techniques or 4. Type of Information Collection Services (CMS), Department of Health other forms of information technology to Request: Extension of a currently and Human Services, is publishing the minimize the information collection approved collection; Title of following summary of proposed burden. Information Collection: Quarterly collections for public comment. 1. Type of Information Collection Medicaid Statement of Expenditures for Interested persons are invited to send Request: New Collection; Title of the Medical Assistance Program; Use: comments regarding this burden Information Collection: Health The State Medicaid Agencies use the estimate or any other aspect of this Insurance Flexibility and Accountability form CMS–64 to report their actual collection of information, including any (HIFA) Evaluation; Use: The HIFA program benefit costs and of the following subjects: (1) The initiative sought to increase health administrative expenses to CMS. CMS necessity and utility of the proposed coverage of uninsured populations uses this information to compute the information collection for the proper through a flexible waiver process Federal financial participation for the performance of the agency’s functions; emphasizing public subsidy of State’s Medicaid Program costs. Form (2) the accuracy of the estimated Employer-Sponsored Insurance (ESI). Number: CMS–64 (OMB# 0938–0067); burden; (3) ways to enhance the quality, Testing whether that approach reduces Frequency: Quarterly; Affected Public: utility, and clarity of the information to the rate/number of uninsured is State, Local or Tribal Government; be collected; and (4) the use of critically important to CMS. The Number of Respondents: 56; Total automated collection techniques or proposed survey of HIFA enrollees in Annual Responses: 224; Total Annual other forms of information technology to New Medico and Oregon would provide Hours: 18,144. minimize the information collection the only data available to test certain To obtain copies of the supporting burden. fundamental HIFA effects, especially statement and any related forms for the We are, however, requesting an with reference to reduction of the proposed paperwork collections emergency review of the information uninsured population, the effectiveness referenced above, access CMS Web site collection referenced below. In of premium assistance for ESI and the address at http://www.cms.hhs.gov/ compliance with the requirement of possibility of crowd-out of private PaperworkReductionActof1995, or e- section 3506(c)(2)(A) of the Paperwork coverage. Form Number: CMS–10262 mail your request, including your Reduction Act of 1995, we have

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submitted to the Office of Management regulations/pra or E-mail your request, Annual Comprehensive List of and Budget (OMB) the following including your address, phone number, Guidance Documents that published on requirements for emergency review. We OMB number, and CMS document March 28, 2006. are requesting an emergency review identifier, to [email protected], DATES: The withdrawal is effective June because the collection of this or call the Reports Clearance Office on 6, 2008. information is needed before the (410) 786–1326. FOR FURTHER INFORMATION CONTACT: In commenting on the proposed expiration of the normal time limits Robert D. Samuels, Center for Food information collections please reference under OMB’s regulations at 5 CFR Part Safety and Applied Nutrition (HFS– 1320(a)(2)(ii). This is necessary to the document identifier or OMB control 325), Food and Drug Administration, ensure compliance with an initiative of number. To be assured consideration, 5100 Paint Branch Pkwy., College Park, the Administration. We cannot comments and recommendations must MD 20740–3835, 301–436–2300. reasonably comply with the normal be submitted in one of the following clearance procedures because of an ways by August 5, 2008: SUPPLEMENTARY INFORMATION: In a notice unanticipated event, as stated in 5 CFR 1. Electronically. You may submit containing a cumulative list of 1320.13(a)(2)(ii). The agency cannot your comments electronically to http:// guidances available from the agency that reasonably comply with the normal www.regulations.gov. Follow the published in the Federal Register on clearance procedures because the instructions for ‘‘Comment or March 28, 2006 (71 FR 15422 at 15453), application and user account Submission’’ or ‘‘More Search Options’’ FDA included the Compliance Policy registration form must have OMB to find the information collection Guides Manual, which includes CPG clearance by September 2008 to meet document(s) accepting comments. Sec. 560.700. FDA is withdrawing CPG the time necessary to begin CAS 2. By regular mail. You may mail Sec. 560.700 because it is obsolete. security administrator training and user written comments to the following Dated: May 15, 2008. account registration for new address: CMS, Office of Strategic Margaret O’ K. Glavin, CROWNWeb alpha testers and Operations and Regulatory Affairs, Associate Commissioner for Regulatory CROWNWeb production users. Division of Regulations Development, Affairs. 1. Type of Information Collection Attention: Document Identifier/OMB [FR Doc. E8–12766 Filed 6–5–08; 8:45 am] Request: New collection; Title of Control Number llll, Room C4–26– BILLING CODE 4160–01–S Information Collection: CROWNWeb 05, 7500 Security Boulevard, Baltimore, Authentication Service (CAS) Account Maryland 21244–1850 Form; Form Number: CMS–10210 and, DEPARTMENT OF HEALTH AND (OMB#: 0938–NEW); Use: The OMB Human Resources and Housing HUMAN SERVICES CROWNWeb Authentication Service Branch, Attention: CMS Desk Officer, (CAS) application must be completed by New Executive Office Building, Room National Institutes of Health any person needing access to the 10235, Washington, DC 20503, Fax CROWNWeb system which include Number: (202) 395–6974. Proposed Collection; Comment includes CMS employees, ESRD Dated: June 2, 2008. Request; Prostate, Lung, Colorectal Network Organization staff and dialysis Michelle Shortt, and Ovarian Cancer Screening Trial facilities staff. The CROWNWeb system (PLCO) (NCI) Director, Regulations Development Group, is the system used as the collection Office of Strategic Operations and Regulatory SUMMARY: In compliance with the point of data necessary for entitlement Affairs. of ESRD patients to Medicare benefits requirement of section 3506(c)(2)(A) of [FR Doc. E8–12681 Filed 6–5–08; 8:45 am] and Federal Government monitoring the Paperwork Reduction Act of 1995, and assessing of quality and type of care BILLING CODE 4120–01–P for opportunity for public comment on provided to renal patients. The data proposed data collection projects, the collected in CAS will provide the National Cancer Institute (NCI), the DEPARTMENT OF HEALTH AND National Institutes of Health (NIH) will necessary security measures for creating HUMAN SERVICES and maintaining active CROWNWeb publish periodic summaries of proposed user accounts and collection of audit Food and Drug Administration projects to be submitted to the Office of trail information required by the CMS Management and Budget (OMB) for Information Security Officers (ISSO). [Docket No. FDA–2008–N–0288] review and approval. Frequency: Reporting—One-time; Proposed Collection: Title: Prostate, Compliance Policy Guide Sec. 560.700 Lung, Colorectal and Ovarian Cancer Affected Public: Business or other for- Processing of Imported Frozen profit, Not-for-profit; Number of Screening Trial (PLCO). Type of Products of Multiple Sizes (e.g., Respondents: 15,600; Total Annual Information Collection Request: Shrimp, Prawns, Etc.) (CPG 7119.10); Responses: 15,600; Total Annual Hours: REVISION (OMB #: 0925–0407, current Withdrawal of Guidance 7,800. expiry date 10/31/2008). Need and Use CMS is requesting OMB review and AGENCY: Food and Drug Administration, of Information Collection: This trial is approval of this collection by August 29, HHS. designed to determine if screening for 2008, with a 180-day approval period. ACTION: Notice; withdrawal. prostate, lung, colorectal and ovarian Written comments and cancer can reduce mortality from these recommendations will be considered SUMMARY: The Food and Drug cancers which currently cause an from the public if received by the Administration (FDA) is announcing the estimated 254,900 deaths annually in individuals designated below by August withdrawal of Compliance Policy Guide the U.S. The design is a two-armed 5, 2008. Sec. 560.700 Processing of Imported randomized trial of men and women To obtain copies of the supporting Frozen Products of Multiple Sizes (e.g., aged 55 to 74 at entry. OMB first statement and any related forms for the Shrimp, Prawns, Etc.) (CPG 7119.10) approved this study in 1993 and has proposed paperwork collections (CPG Sec. 560.700). CPG Sec. 560.700 is approved it every 3 years since then referenced above, access CMS’ Web Site included in FDA’s Compliance Policy through 2008. During the first approval address at http://www.cms.hhs.gov/ Guides Manual, which was listed in the period a pilot study was conducted to

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evaluate recruitment methods and data are to be monitored to help understand differential effectiveness of screening in collection procedures. Recruitment was and explain results. Biologic prognostic high versus low risk individuals. completed in 2001 and data collection characteristics of the cancers will be Frequency of Response: Annually. continues through 2008. When measured and correlated with mortality Affected Public: Individuals. Type of participants enrolled in the trial they to determine the mortality predictive Respondents: Adult men and women. agreed to be followed for at least 13 value of these intermediate endpoints. The estimated total annual burden years from the time of enrollment. The Basic demographic data, risk factor data hours requested is 11,401. The current number of respondents in the for the four cancer sites and screening annualized cost to respondents is study is 136, 341; this is down from the history data, as collected from all estimated at $219,919 per year, for a total initially due to deaths. The subjects at baseline, will be used to total of $659,756 over the proposed primary endpoint of the trial is cancer- assure comparability between the three year renewal. There are no Capital specific mortality for each of the four screening and control groups and make Costs to report. There are no Operating cancer sites (prostate, lung, colorectum, appropriate adjustments in analysis. and ovary). In addition, cancer Further, demographic and risk factor or Maintenance Costs to report. incidence, stage shift, and case survival information may be used to analyze the

TABLE A.12–1.—ESTIMATES OF ANNUAL BURDEN HOURS

Average time per Type of respondents Survey instru- Number of re- Frequency of re- response (min- Total annual bur- ment spondents sponse utes/hour) den hours

Male and Female Participants ...... ASU ...... 133,341 1.00 5/60 11,111.75 HSQ ...... 1,333 1.00 5/60 111.08 Male Participants ...... Prostate ...... 1,067 1.00 10/60 177.83

Total ...... 11,400.66

Request for Comments: Written received within 60 days of the date of Name of Committee: Board of Scientific comments and/or suggestions from the this publication. Counselors for Clinical Sciences and public and affected agencies are invited Epidemiology National Cancer Institute. Dated: May 29, 2008. Date: July 14–15, 2008. on one or more of the following points: Vivian Horovitch-Kelley, Time: July 14, 2008, 6 p.m. to 10 p.m. (1) Whether the proposed collection of Agenda: To review and evaluate personal NCI Project Clearance Liaison Office, information is necessary for the proper qualifications and performance, and National Institutes of Health. performance of the function of the competence of individual investigators. agency, including whether the [FR Doc. E8–12641 Filed 6–5–08; 8:45 am] Place: Double Tree Hotel, 8120 Wisconsin information will have practical utility; BILLING CODE 4140–01–P Avenue, Bethesda, MD 20814. (2) The accuracy of the agency’s Time: July 15, 2008, 9 a.m. to 3:30 p.m. Agenda: To review and evaluate personal estimate of the burden of the proposed qualifications and performance, and collection of information, including the DEPARTMENT OF HEALTH AND HUMAN SERVICES competence of individual investigators. validity of the methodology and Place: National Institutes of Health, assumptions used; (3) Ways to enhance National Cancer Institute, 9000 Rockville National Institutes of Health the quality, utility, and clarity of the Pike, Building 31, Conference Room 10, Bethesda, MD 20892. information to be collected; and (4) National Cancer Institute; Notice of Ways to minimize the burden of the Contact Person: Brian E. Wojcik, PhD, Closed Meeting Senior Review Administrator, Institute collection of information on those who Review Office, Office of the Director, are to respond, including the use of Pursuant to section 10(d) of the National Cancer Institute, 6116 Executive appropriate automated, electronic, Federal Advisory Committee Act, as Boulevard, Room 2201, Bethesda, MD 20892, mechanical, or other technological amended (5 U.S.C. Appendix 2), notice (301) 496–7628, [email protected]. collection techniques or other forms of is hereby given of a meeting of the In the interest of security, NIH has information technology. instituted stringent procedures for entrance Board of Scientific Counselors for onto the NIH campus. All visitor vehicles, FOR FURTHER INFORMATION CONTACT: To Clinical Sciences and Epidemiology including taxicabs, hotel, and airport shuttles request more information on the National Cancer Institute. will be inspected before being allowed on proposed project or to obtain a copy of The meeting will be closed to the campus. Visitors will be asked to show one the data collection plans and form of identification (for example, a public as indicated below in accordance government-issued photo ID, driver’s license, instruments, contact Dr. Christine D. with the provisions set forth in section or passport) and to state the purpose of their Berg, Chief, Early Detection Research 552b(c)(6), Title 5 U.S.C., as amended visit. Group, National Cancer Institute, NIH, for the review, discussion, and Information is also available on the EPN Building, Room 3070, 6130 evaluation of individual intramural Institute’s/Center’s home page: Executive Boulevard, Bethesda, MD programs and projects conducted by the deainfo.nci.nih.gov/advisory/bsc.htm, where 20892, or call non-toll-free number 301– National Cancer Institute, including an agenda and any additional information for the meeting will be posted when available. 496–8544 or e-mail your request, consideration of personal qualifications including your address to: and performance, and the competence (Catalogue of Federal Domestic Assistance [email protected]. Program Nos. 93.392, Cancer Construction; of individual investigators, the 93.393, Cancer Cause and Prevention Comments Due Date: Comments disclosure of which would constitute a Research; 93.394, Cancer Detection and regarding this information collection are clearly unwarranted invasion of Diagnosis Research; 93.395, Cancer best assured of having their full effect if personal privacy. Treatment Research; 93.396, Cancer Biology

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Research; 93.397, Cancer Centers Support; or passport) and to state the purpose of their Name of Committee: National Institute of 93.398, Cancer Research Manpower; 93.399, visit. Diabetes and Digestive and Kidney Diseases Cancer Control, National Institutes of Health, Information is also available on the Special Emphasis Panel, Hormonal Control. HHS) Institute’s/Center’s home page: http:// Date: July 14, 2008. Time: 1 p.m. to 5 p.m. Dated: May 30, 2008. deainfo.nci.nih.gov/advisory/bsc/bs/bs.htm, where an agenda and any additional Agenda: To review and evaluate grant Anna Snouffer, information for the meeting will be posted applications. Deputy Director, Office of Federal Advisory when available. Place: National Institutes of Health, Two Committee Policy. Democracy Plaza, 6707 Democracy (Catalogue of Federal Domestic Assistance [FR Doc. E8–12642 Filed 6–5–08; 8:45 am] Boulevard, Bethesda, MD 20892, (Telephone Program Nos. 93.392, Cancer Construction; BILLING CODE 4140–01–P Conference Call). 93.393, Cancer Cause and Prevention Contact Person: Michael W. Edwards, PhD, Research; 93.394, Cancer Detection and Scientific Review Officer, Review Branch, Diagnosis Research; 93.395, Cancer DEPARTMENT OF HEALTH AND DEA, NIDDK, National Institutes of Health, Treatment Research; 93.396, Cancer Biology Room 750, 6707 Democracy Boulevard, HUMAN SERVICES Research; 93.397, Cancer Centers Support; Bethesda, MD 20892–5452, (301) 594–8886, 93.398, Cancer Research Manpower; 93.399, [email protected]. National Institutes of Health Cancer Control, National Institutes of Health, Name of Committee: National Institute of HHS) National Cancer Institute; Notice of Diabetes and Digestive and Kidney Diseases Closed Meeting Dated: May 30, 2008. Special Emphasis Panel, Ancillary Studies to Anna Snouffer, Ongoing Clinical Research. Pursuant to section 10(d) of the Date: July 16, 2008. Deputy Director, Office of Federal Advisory Time: 1 p.m. to 5 p.m. Federal Advisory Committee Act, as Committee Policy. amended (5 U.S.C. Appendix 2), notice Agenda: To review and evaluate grant [FR Doc. E8–12645 Filed 6–5–08; 8:45 am] applications. is hereby given of a meeting of the BILLING CODE 4140–01–P Place: National Institutes of Health, Two Board of Scientific Counselors for Basic Democracy Plaza, 6707 Democracy Sciences National Cancer Institute. Boulevard, Bethesda, MD 20892, (Telephone The meeting will be closed to the DEPARTMENT OF HEALTH AND Conference Call). public as indicated below in accordance HUMAN SERVICES Contact Person: Michael W. Edwards, PhD, with the provisions set forth in section Scientific Review Officer, Review Branch, 552b(c)(6), Title 5 U.S.C., as amended National Institutes of Health DEA, NIDDK, National Institutes of Health, for the review, discussion, and Room 750, 6707 Democracy Boulevard, evaluation of individual intramural National Institute of Diabetes and Bethesda, MD 20892–5452, (301) 594–8886, programs and projects conducted by the Digestive and Kidney Diseases; Notice [email protected]. National Cancer Institute, including of Closed Meetings Name of Committee: National Institute of consideration of personnel Diabetes and Digestive and Kidney Diseases Pursuant to section 10(d) of the Special Emphasis Panel, Drug-Induced Liver qualifications and performance, and the Disease. competence of individual investigators, Federal Advisory Committee Act, as Date: July 18, 2008. the disclosure of which would amended (5 U.S.C. Appendix 2), notice Time: 8:45 a.m. to 2:45 p.m. constitute a clearly unwarranted is hereby given of the following Agenda: To review and evaluate grant invasion of personal privacy. meetings. applications. Place: Bethesda Marriott Suites, 6711 Name of Committee: Board of Scientific The meetings will be closed to the Democracy Boulevard, Bethesda, MD 20817. Counselors for Basic Sciences National public in accordance with the Contact Person: Maria E. Davila-Bloom, Cancer Institute. provisions set forth in sections PhD, Scientific Review Officer, Review Date: July 14, 2008. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Branch, DEA, NIDDK, National Institutes of Time: 9 a.m. to 2 p.m. as amended. The grant applications and Health, Room 758, 6707 Democracy Agenda: To review and evaluate personal the discussions could disclose Boulevard, Bethesda, MD 20892–5452, (301) qualifications and performance, and 594–7637, davila- competence of individual investigators. confidential trade secrets or commercial [email protected]. Place: National Institutes of Health, property such as patentable material, National Cancer Institute, 9000 Rockville and personal information concerning Name of Committee: National Institute of Pike, Building 31, Conference Room 6, individuals associated with the grant Diabetes and Digestive and Kidney Diseases Bethesda, MD 20892, applications, the disclosure of which Special Emphasis Panel, Steroid Hormone Time: 6 p.m. to 10 p.m. would constitute a clearly unwarranted Receptors. Agenda: To review and evaluate personal invasion of personal privacy. Date: July 18, 2008. qualifications and performance, and Time: 1 p.m. to 5 p.m. competence of individual investigators. Name of Committee: National Institute of Agenda: To review and evaluate grant Place: DoubleTree Hotel, 8120 Wisconsin Diabetes and Digestive and Kidney Diseases applications. Avenue, Bethesda, Md 20814. Special Emphasis Panel, Ancillary Studies. Place: National Institutes of Health, Two Contact Person: Florence E. Farber, PhD, Date: July 7, 2008. Democracy Plaza, 6707 Democracy Executive Secretary, Office of the Director, Time: 1 p.m. to 3 p.m. Boulevard, Bethesda, MD 20892, (Telephone National Cancer Institute, National Institutes Agenda: To review and evaluate grant Conference Call). of Health, 6116 Executive Boulevard, Room applications. Contact Person: Michael W. Edwards, PhD, 2205, Bethesda, MD 20892, 301–496–7628, Place: National Institutes of Health, Two Scientific Review Officer, Review Branch, [email protected]. Democracy Plaza, 6707 Democracy DEA, NIDDK, National Institutes of Health, In the interest of security, NIH has Boulevard, Bethesda, MD 20892, (Telephone Room 750, 6707 Democracy Boulevard, instituted stringent procedures for entrance Conference Call). Bethesda, MD 20892–5452, (301) 594–8886, onto the NIH campus. All visitor vehicles, Contact Person: Atul Sahai, PhD, Scientific [email protected]. including taxicabs, hotel, and airport shuttles Review Officer, Review Branch, DEA, Name of Committee: National Institute of will be inspected before being allowed on NIDDK, National Institutes of Health, Room Diabetes and Digestive and Kidney Diseases campus. Visitors will be asked to show one 759, 6707 Democracy Boulevard, Bethesda, Special Emphasis Panel, R13 Conference form of identification (for example, a MD 20892–5452, (301) 594–2242, Grant Application. government-issued photo ID, driver’s license, [email protected]. Date: July 19, 2008.

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Time: 2 p.m. to 4 p.m. Office of the Chief Procurement Officer, Total Burden Cost (operating/ Agenda: To review and evaluate grant Room 3114, Washington, DC 20528. maintaining): $0.00. applications. FOR FURTHER INFORMATION CONTACT: Place: National Institutes of Health, Two Richard Mangogna, Democracy Plaza, 6707 Democracy Patricia Corrigan, 202–447–5430 (this is Chief Information Officer. not a toll free number). Boulevard, Bethesda, MD 20892, (Telephone [FR Doc. E8–12669 Filed 6–5–08; 8:45 am] Conference Call). SUPPLEMENTARY INFORMATION: The BILLING CODE 4410–10–P Contact Person: D. G. Patel, PhD, Scientific Department of Homeland Security Review Officer, Review Branch, DEA, (DHS), Office of the Chief Procurement NIDDK, National Institutes of Health, Room Officer requests renewal of an existing 756, 6707 Democracy Boulevard, Bethesda, DEPARTMENT OF HOMELAND MD 20892–5452, (301) 594–7682, OMB Control Number for information SECURITY [email protected]. requested from contractors as part of [Docket No. DHS–2008–0054] (Catalogue of Federal Domestic Assistance post-contract award administration by Program Nos. 93.847, Diabetes, DHS acquisition officials. The information requested is specific to each Review and Revision of the National Endocrinology and Metabolic Research; Infrastructure Protection Plan 93.848, Digestive Diseases and Nutrition transaction and is required in order for Research; 93.849, Kidney Diseases, Urology DHS acquisition officials to properly AGENCY: National Protection and and Hematology Research, National Institutes assess contractor technical and Programs Directorate, DHS. of Health, HHS) management progress in meeting ACTION: Notice and request for Dated: May 30, 2008. contractual requirements and otherwise comments. Anna Snouffer, performing in the Government’s best Deputy Director, Office of Federal Advisory interest. This notice provides a request SUMMARY: This notice informs the public Committee Policy. for renewal of OMB Control Number that the Department of Homeland [FR Doc. E8–12644 Filed 6–5–08; 8:45 am] 1600–0003 previously granted in August Security (DHS) is currently reviewing 2005. BILLING CODE 4140–01–P the National Infrastructure Protection The Office of Management and Budget Plan (NIPP) and, as part of a is particularly interested in comments comprehensive national review process, regarding: DEPARTMENT OF HOMELAND solicits public comment on issues or 1. Evaluate whether the proposed SECURITY language in the NIPP that need to be collection of information is necessary updated in this triennial review cycle. Post-Contract Award Information for the proper performance of the DATES: Written comments must be functions of the agency, including submitted on or before July 7, 2008. AGENCY: Office of the Chief Procurement whether the information will have ADDRESSES: Officer, Acquisition Policy and practical utility; Comments must be Legislation Office, DHS. 2. Evaluate the accuracy of the identified by docket number DHS– 2008–0054 and may be submitted by ACTION: 60-Day Notice and request for agency’s estimate of the burden of the one of the following methods: comments: Extension without change of proposed collection of information, • a currently approved collection, 1600– including the validity of the Federal Rulemaking Portal: http:// 0003. methodology and assumptions used; www.regulations.gov. Follow the instructions for submitting comments. 3. Enhance the quality, utility, and • SUMMARY: The Department of Homeland clarity of the information to be E-mail: [email protected]. Include the Security, Office of the Chief collected; and docket number in the subject line of the Procurement Officer, Acquisition Policy 4. Minimize the burden of the message. and Legislation Office, will submit the • Facsimile: 703–235–3057. collection of information on those who • following information collection request are to respond, including through the Mail: Larry L. May, NPPD/IP/POD/ (ICR) to the Office of Management and use of appropriate automated, NIPP Program Management Office; Mail Budget (OMB) for review and clearance electronic, mechanical, or other Stop 8530, Department of Homeland in accordance with the Paperwork technological collection techniques or Security, 245 Murray Lane, SW., Reduction Act of 1995 (Pub. L. 104–13 other forms of information technology, Washington, DC 20528–8530. (as amended), 44 U.S.C. Chapter 35). e.g., permitting electronic submissions FOR FURTHER INFORMATION CONTACT: The Office of the Chief Procurement of responses. Larry L. May, Deputy Director, NIPP Officer is soliciting comments related to Analysis: Program Management Office (PMO) its request for extension of an existing Agency: Department of Homeland Partnership and Outreach Division, information collection authority for Security, Office of the Chief Office of Infrastructure Protection, information collected from contractors Procurement Officer, Acquisition Policy National Protection and Programs during the post-contract award phase of and Legislation Office. Directorate, Department of Homeland public contract administration under Title: Post-Contract Award Security, Washington, DC 20528, 703– Homeland Security Acquisition Information. 235–3648 or [email protected]. Regulation (HSAR). OMB Number: 1600–0003. SUPPLEMENTARY INFORMATION: DATES: Comments are encouraged and Frequency: Once. will be accepted until August 5, 2008. Affected Public: Individuals and I. Public Participation This process is conducted in accordance Businesses. DHS invites interested persons to with 5 CFR 1320.1 Number of Respondents: 4,061. contribute suggestions and comments ADDRESSES: Comments and questions Estimated Time per Respondent: 14 for the revision of the National about this Information Collection hours. Infrastructure Protection Plan (NIPP) by Request should be forwarded to the Total Burden Hours: 170,562 annual submitting written data, views, or Acquisition Policy and Legislation burden hours. arguments. Comments that will provide Office, Attn: Patricia Corrigan for the Total Burden Cost (capital/startup): the most assistance to DHS in revising Department of Homeland Security, $0.00. the NIPP will explain the reason for any

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recommended changes to the NIPP and level document and within the Nation’s CIKR. Throughout this include data, information, or authority framework of HSPD–7. implementation, DHS has engaged the that supports such recommended Some of the known changes that will NIPP feedback mechanisms to capture change. Linking changes to specific be addressed in this revision of the NIPP lessons learned and issues that need to sections of the NIPP would also be are: be revised and updated in future helpful. There will be an opportunity to • Establishment of Critical versions of the NIPP. This section review a revised NIPP reflecting the Manufacturing as the 18th critical presents a brief summary of some those various changes later this year. infrastructure and key resources (CIKR) issues as a guide to reviewers and Instructions: All submissions received sector commenters on the types of changes must include the agency name and • Release of the chemical security being incorporated into the NIPP. DHS docket number for this action. All regulation is soliciting public comment on these • comments received will be posted Publishing of the Sector-Specific and other issues. These issues will be without change to http:// Plans (SSPs) addressed through changes made in the • Sector name changes appropriate sections of the NIPP. www.regulations.gov, including any • personal information provided. You Designation of the Education Subsector Establishment of Critical Manufacturing may submit your comments and • as the 18th CIKR Sector material by one of the methods specified Removal of references to the in the ADDRESSES section. Please submit National Asset Database (NADB) and On March 3, 2008, DHS formally your comments and material by only replacement with information on the established the Critical Manufacturing one means to avoid the adjudication of Infrastructure Information Collection Sector as the 18th CIKR sector. duplicate submissions. If you submit System and the Infrastructure Data Warehouse Release of Chemical Security Regulation comments by mail, your submission • should be an unbound document and no Revision of the discussion of risk On April 9, 2007, the U.S. Department larger than 8.5 by 11 inches to enable assessment methodologies of Homeland Security (DHS) issued the • Update on the Protected Critical copying and electronic document Chemical Facility Anti-Terrorism Infrastructure Information (PCII) management. If you want DHS to Standards (CFATS), 6 CFR part 27. program acknowledge receipt of comments by Congress authorized this interim final • Clarification of NIPP CIKR mail, include with your comments a rule (IFR) under Section 550 of the Protection Metrics self-addressed, stamped postcard that Department of Homeland Security • Update on the State, Local, Tribal, includes the docket number for this Appropriations Act of 2007, directing and Territorial Government action. We will date your postcard and the Department to identify high-risk Coordinating Council (SLTTGCC) return it to you via regular mail. • Homeland Security Information chemical facilities, assess their security Docket: Background documents and Network (HSIN) update vulnerabilities, and require those comments received can be viewed at • Further definition of the CIKR facilities to submit site security plans http://www.regulations.gov. Information-Sharing Environment (ISE) meeting risk-based performance • standards. DHS also issued a final II. Background Critical Infrastructure Warning Information Network (CWIN) Appendix A to the CFATS IFR on The NIPP sets forth a comprehensive • Evolution from the National November 20, 2007, listing chemicals of risk management framework and clearly Response Plan to the National Response interest (COI) which, if possessed in defines critical infrastructure protection Framework specified quantities, require chemical roles and responsibilities for the DHS; • Further information on the National facilities to submit certain information Sector-Specific Agencies (SSAs); and Infrastructure Simulation and Analysis to DHS. other Federal, State, local, tribal, Center (NISAC) Publishing of the Sector-Specific Plans territorial, and private-sector security • Update on the Protective Security partners. The NIPP provides a Advisor Program Section 5.3.1 of the NIPP will be coordinated approach for establishing • Additional Homeland Security updated to reflect the SSPs official national priorities, goals, and Presidential Directives release on May 21, 2007. • requirements for infrastructure Issues regarding cross-sector cyber Sector Name Changes protection so that funding and resources security are applied in the most effective • Overarching issues: Protection and To better reflect the scope of three manner. The NIPP risk management resiliency sectors, DHS has recognized the framework responds to an evolving risk • Delineate role of Private Sector following name changes: ‘‘Commercial landscape; as such, there will always be Office Nuclear Reactors, Materials and Waste’’ changes to the NIPP—from relatively • DHS organizational changes: to ‘‘Nuclear Reactors, Materials and minor to more significant. The 2006 National Protection and Programs Waste;’’ ‘‘Drinking Water and Water NIPP established the requirement to Directorate (NPPD). Treatment Systems’’ to ‘‘Water;’’ and fully review and reissue the plan every Comments are welcome on other areas ‘‘Telecommunications’’ to three years to ensure that it is current that should be updated, expanded, ‘‘Communications.’’ and of maximum value to all security changed, added, or deleted as Designation of the Education Facilities partners. To assist the reviewer as we appropriate. Subsector proceed with this process, an internal review of the NIPP by DHS has occurred III. Initial List of Issues To Be Updated In keeping with section 2.2.2 of the and an initial list of potential changes in the NIPP NIPP, DHS has recognized the to the NIPP is included in this notice. Since the NIPP was released in June Department of Education’s Office of Safe The purpose of this notice is to invite 2006, DHS and its security partners and Drug-Free Schools (OSDFS) as the interested parties to suggest additional have been working to implement the lead for Education Facilities (EF), a changes that would make the 2009 NIPP risk management framework and the subsector of the Government Facilities more relevant and useful as a National sector partnership model to protect the Sector.

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Removal of References to the National Further Definition of the CIKR Role of Private Sector Office Asset Database Information-Sharing Environment The role of this office in coordinating Throughout the NIPP, references to As follow-up to the original with private sector security partners the NADB will be removed and replaced discussion of ISE in section 4.2.3 of the will be described in greater detail. with information on the Infrastructure NIPP, the Program Manager (PM)–ISE formally issued the CIKR ISE paper in DHS Organizational Changes: National Information Collection System and the Protection and Programs Directorate Infrastructure Data Warehouse. May 2007. The paper describes the core elements of robust information sharing There have been numerous Revision of the Discussion on Risk with the CIKR sectors. organizational changes within DHS Assessment Methodologies Critical Infrastructure Warning related to roles and responsibilities The discussion of risk assessment Information Network described throughout the NIPP. NPPD methodologies will be revised to (formerly the Preparedness Directorate) An ISE addition since the 2006 was formed in 2007 to advance the indicate that there are multiple NIPP- release of the NIPP, CWIN is a compliant risk assessment Department’s risk-reduction mission. mechanism that facilitates the flow of The components of NPPD include: methodologies. Revisions will also information, mitigates obstacles to provide information on the current state • Office of Cyber Security and voluntary information sharing by CIKR Communications (CS&C) has the of CIKR risk analysis capability and the owners and operators, and provides Tier 1/Tier 2 Program. mission to assure the security, feedback and continuous improvement resiliency, and reliability of the Nation’s Update on the Protected Critical for structures and processes. cyber and communications Infrastructure Information Program Evolution From the National Response infrastructure in collaboration with the DHS will clarify how vulnerability Plan to the National Response public and private sectors, including assessment information may be Framework international partners. • submitted for protection under the PCII The National Response Framework Office of Intergovernmental program and which DHS programs may replaces the former National Response Programs (IGP) has the mission to receive this information. Plan. promote an integrated national approach to homeland security by Clarification of NIPP CIKR Protection National Infrastructure Simulation and ensuring, coordinating, and advancing Metrics Analysis Center Federal interaction with State, local, The NIPP CIKR protection metrics The Homeland Security tribal, and territorial governments. • process includes four metrics areas: Appropriations Act of 2007 specifies the Office of Risk Management and Analysis (RMA) will lead the 1. Core metrics represent a common NISAC’s current mission to provide ‘‘modeling, simulation, and analysis of Department’s efforts to establish a set of measures that are tracked across common framework to address the all sectors. the assets and systems comprising CIKR in order to enhance preparedness, overall management and analysis of 2. Sector-specific performance metrics protection, response, recovery, and homeland security risk. are the set of measures tailored to the mitigation activities.’’ • United States Visitor and Immigrant unique characteristics of each sector. Status Indicator Technology (US-VISIT) 3. CIKR protection programmatic Protective Security Advisor Program is part of a continuum of biometrically- metrics are used to measure the The key elements of this program and enhanced security measures that begins effectiveness of specific programs, the roles the Protective Security outside U.S. borders and continues initiatives, and investments that are Advisors play in information sharing through a visitor’s arrival in and managed by Government agencies and and support to security partners will be departure from the United States. sector partners. described. • Office of Infrastructure Protection 4. Sector partnership metrics are used Additional Homeland Security (IP) leads the coordinated national effort to assess the status of activities Presidential Directives to reduce risk to our CIKR posed by acts conducted under the sector partnership. of terrorism. HSPD–19 and others will be added in For purposes of review, the NIPP can Update on the State, Local, Tribal, and the appendixes and wherever they are be found at http://www.dhs.gov/nipp. Territorial Government Coordinating appropriate in the main body of the Council NIPP. R. James Caverly, Director, Partnership and Outreach Division, The SLTTGCC now has three working Issues Regarding Cross-Sector Cyber Department of Homeland Security. groups and also provides liaisons to all Security [FR Doc. E8–12671 Filed 6–5–08; 8:45 am] the sectors: Policy and Planning The National Cyber Security Division BILLING CODE 4410–10–P Working Group, Communication and (NCSD) is working closely with the Coordination Working Group, and SSAs and other security partners to Information-Sharing Working Group. integrate cyber security into the CIKR DEPARTMENT OF HOMELAND The roles of State and Regional groups sectors’ protection and preparedness SECURITY in CIKR protection will be described. efforts. Homeland Security Information Solicitation of Proposal Information for Overarching Issues: Protection and Award of Public Contracts Network Update Resiliency DHS IP is working closely with the Questions have been raised about the AGENCY: Office of the Chief Procurement DHS Chief Information Officer (CIO) to focus of the NIPP on protection rather Officer, Acquisition Policy and determine feasible solutions to mitigate than resiliency. The revised NIPP needs Legislation Office, DHS. issues from CIKR protection security to better describe the complementary ACTION: 60-Day Notice and request for partners related to HSIN. relationship of these two concepts. comments: Extension without change of

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a currently approved collection, 1600– 2. Evaluate the accuracy of the involves implementing certain 0005. agency’s estimate of the burden of the provisions of the Aviation Security proposed collection of information, Improvement Act of 1990 and the SUMMARY: The Department of Homeland including the validity of the Aviation and Transportation Security Security, Office of the Chief methodology and assumptions used; Act that relate to the security of persons Procurement Officer, Acquisition Policy 3. Enhance the quality, utility, and and property at airports operating in and Legislation Office, will submit the clarity of the information to be commercial air transportation. following information collection request collected; and DATES: Send your comments by August (ICR) to the Office of Management and 4. Minimize the burden of the 5, 2008. Budget (OMB) for review and clearance collection of information on those who ADDRESSES: Comments may be mailed in accordance with the Paperwork are to respond, including through the or delivered to Joanna Johnson, Reduction Act of 1995 (Pub. L. 104–13 use of appropriate automated, Communications Branch, Business (as amended), 44 U.S.C. Chapter 35). electronic, mechanical, or other Management Office, Operational Process The Office of the Chief Procurement technological collection techniques or and Technology, TSA–32, Officer is soliciting comments related to other forms of information technology, Transportation Security Administration, its request for extension of an existing e.g., permitting electronic submissions 601 South 12th Street, Arlington, VA information collection authority for the of responses. 22202–4220. solicitation of proposal information for Analysis: award of public contracts under Agency: Department of Homeland FOR FURTHER INFORMATION CONTACT: Homeland Security Acquisition Security, Office of the Chief Joanna Johnson at the above address, or Regulation (HSAR). Procurement Officer, Acquisition Policy by telephone (571) 227–3651 or facsimile (571) 227–3588. DATES: Comments are encouraged and and Legislation Office. SUPPLEMENTARY INFORMATION: will be accepted until August 5, 2008. Title: Solicitation of Proposal This process is conducted in Information for Award of Public Comments Invited accordance with 5 CFR 1320.1. Contracts. OMB Number: 1600–0005. In accordance with the Paperwork ADDRESSES: Comments and questions Frequency: Once. Reduction Act of 1995 (44 U.S.C. 3501 about this Information Collection Affected Public: Businesses and et seq.), an agency may not conduct or Request should be forwarded to the individuals. sponsor, and a person is not required to Acquisition Policy and Legislation Estimated Number of Respondents: respond to, a collection of information Office, Attn: Patricia Corrigan for the 10,850. unless it displays a valid OMB control Department of Homeland Security, Estimated Time per Respondent: 14 number. The ICR documentation is Office of the Chief Procurement Officer, hours. available at www.reginfo.gov. Therefore, Room 3114, Washington, DC 20528. Total Burden Hours: 151,900 annual in preparation for OMB review and FOR FURTHER INFORMATION CONTACT: burden hours. approval of the following information Patricia Corrigan, 202–447–5430 (this is Total Burden Cost (capital/startup): collection, TSA is soliciting comments not a toll free number). $0.00. to— Total Burden Cost (operating/ (1) Evaluate whether the proposed SUPPLEMENTARY INFORMATION: The maintaining): $0.00. information requirement is necessary for Department of Homeland Security the proper performance of the functions (DHS), Office of the Chief Procurement Richard Mangogna, of the agency, including whether the Officer request renewal of an existing Chief Information Officer. information will have practical utility; OMB Control Number for information [FR Doc. E8–12693 Filed 6–5–08; 8:45 am] (2) Evaluate the accuracy of the requested from prospective contractors BILLING CODE 4410–10–P agency’s estimate of the burden; in response to agency-issued (3) Enhance the quality, utility, and solicitations. The information requested clarity of the information to be is specific to each solicitation, and is DEPARTMENT OF HOMELAND collected; and required in order for DHS to properly SECURITY (4) Minimize the burden of the evaluate offeror/bidder qualifications collection of information on those who and capabilities in order to make Transportation Security Administration are to respond, including using informed decisions in awarding Intent To Request Renewal From OMB appropriate automated, electronic, contracts. Information requested mechanical, or other technological typically includes that related to of One Current Public Collection of Information: Airport Security collection techniques or other forms of offerors’ or bidders’ management information technology. approach, technical and pricing AGENCY: Transportation Security Information Collection Requirement information, delivery and other Administration, DHS. pertinent information. This notice ACTION: Notice. 1652–0002; Airport Security, 49 CFR provides a request for renewal of OMB part 1542. The Federal Aviation Control Number 1600–0005 previously SUMMARY: The Transportation Security Administration (FAA) initially required granted in August 2005. Administration (TSA) invites public this collection under 14 CFR part 107 The Office of Management and Budget comment on one currently approved (now 49 CFR part 1542) and cleared is particularly interested in comments Information Collection Requirement under OMB control number 2120–0656. regarding: (ICR), abstracted below, that we will The responsibility for the collection was 1. Evaluate whether the proposed submit to the Office of Management and transferred to TSA from FAA on collection of information is necessary Budget (OMB) for renewal in November 19, 2001 and subsequently for the proper performance of the compliance with the Paperwork assigned OMB control number 1652– functions of the agency, including Reduction Act. The ICR describes the 0002. Part 1542, Airport Security, whether the information will have nature of the information collection and implements certain provisions of the practical utility; its expected burden. The collection Aviation Security Improvement Act of

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1990 (Pub. L. 101–604, November 16, also be used to provide context for a program for general aviation airports 1990) and the Aviation and feasibility study of the development of and implement a program to perform Transportation Security Act (Pub. L. a program, based upon a risk- such assessments on a risk-management 107–71, November 19, 2001), as management approach, to provide basis at general aviation airports. To amended, that relates to the security of grants to operators of general aviation accomplish this task successfully, the persons and property at airports airports for projects to upgrade security collection of this information is operating in commercial air at such airports. A grant program will be essential. Section 1617(k)(2) requires the transportation. TSA is seeking renewal established only if the Administrator TSA Administrator to initiate and of this information collection because determines that such a program is complete a study of the feasibility of a airport security programs are needed to feasible based upon the information risk-managed program to provide grants provide for the safety and security of collected and additional research to operator of general aviation airports persons and property on an aircraft outside of the scope of this notice. for projects to upgrade security. The operating in commercial air DATES: Send your comments by August assessment data will also provide transportation against acts of criminal 5, 2008. necessary background information and violence, aircraft piracy, and the ADDRESSES: Comments may be mailed context for the feasibility study of the introduction of an unauthorized or delivered to Joanna Johnson, grant program. weapon, explosive, or incendiary onto Communications Branch, Business Description of Data Collection an aircraft. The information being Management Office, Operational Process TSA seeks the collection of collected aids in the effectiveness of and Technology, TSA–32, information regarding threat and passenger screening procedures and Transportation Security Administration, vulnerability assessments from assists TSA in complying with 601 South 12th Street, Arlington, VA approximately 3,000 general aviation Congressional reporting requirements. 22202–4220. The affected public is an estimated 454 airports. The collection will consist of FOR FURTHER INFORMATION CONTACT: regulated airport operators. The current several elements: (1) A security self- Joanna Johnson at the above address, or estimated annual burden is 535,705 assessment that the airport operators by telephone (571) 227–3651 or hours annually. can perform on their airport using a set facsimile (703) 603–0822. of guidelines provided by TSA Issued in Arlington, Virginia, on June 3, SUPPLEMENTARY INFORMATION: 2008. (available to the public on the TSA Web site); (2) a short series of ‘‘yes’’ or ‘‘no’’ Fran Lozito, Comments Invited questions; and (3) a narrative field Director, Business Management Office, In accordance with the Paperwork wherein responders can expand on Operational Process and Technology. Reduction Act of 1995 (44 U.S.C. 3501 matters of concern to them. The [FR Doc. E8–12746 Filed 6–5–08; 8:45 am] et seq.), an agency may not conduct or information TSA seeks should be BILLING CODE 9110–05–P sponsor, and a person is not required to readily available to the airport operators respond to, a collection of information and should take no more than 20–30 unless it displays a valid OMB control minutes to collect and submit. Each DEPARTMENT OF HOMELAND number. The Information Collection SECURITY airport operator will need to sign on to Requirement (ICR) documentation is a Web site hosted by a private entity (2 available at http://www.reginfo.gov. Transportation Security Administration minutes), complete the assessment (17– Therefore, in preparation for OMB 27 minutes) and submit the results (1 Intent To Request Approval From OMB review and approval of the following minute), for a total time burden of 20– of One New Public Collection of information collection, TSA is soliciting 30 minutes. Therefore, based on the Information: Threat and Vulnerability comments to— total number of general aviation airport Assessment for General Aviation (1) Evaluate whether the proposed operators expected to participate and Airports information requirement is necessary for the approximate estimated time for each the proper performance of the functions to complete and submit the survey AGENCY: Transportation Security of the agency, including whether the questionnaire, the approximate total Administration, DHS. information will have practical utility; burden to the public should not exceed ACTION: Notice. (2) Evaluate the accuracy of the 1,500 hours (3,000 airport operators × 30 agency’s estimate of the burden; minutes). SUMMARY: The Transportation Security (3) Enhance the quality, utility, and Administration (TSA) invites public clarity of the information to be Use of Results comment on a new information collected; and TSA will use these results to assess collection requirement abstracted below (4) Minimize the burden of the vulnerabilities at any general aviation that the agency will submit to the Office collection of information on those who airport and recommend security of Management and Budget (OMB) for are to respond, including using measures to mitigate any significant approval in compliance with the appropriate automated, electronic, threat or vulnerabilities. The assessment Paperwork Reduction Act. The mechanical, or other technological data could also be used in the collection will include the submission collection techniques or other forms of implementation of a grant program, as of information pertaining to security information technology. described above, if such a program is concerns specific to each individual determined needed and feasible. airport, as perceived by the airport Purpose of Data Collection operators of approximately 3,000 Section 1617(k)(1) of the Issued in Arlington, Virginia, on May 30, general aviation airports. The Implementing Recommendations of the 2008. information collected is part of a 9/11 Commission Act of 2007 (Pub. L. Fran Lozito, program designed to perform a 110–53, 121 Stat. 266, 488, Aug. 3, Director, Business Management Office, standardized threat and vulnerability 2007) requires that the TSA Operational Process and Technology. assessment program for general aviation Administrator develop a standardized [FR Doc. E8–12748 Filed 6–5–08; 8:45 am] airports. The information collected will threat and vulnerability assessment BILLING CODE 9110–05–P

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DEPARTMENT OF HOMELAND approval of the following information Based on the numbers of respondents SECURITY collection, TSA is soliciting comments to date, TSA estimates a total of 31,000 to— respondents annually: 26,500 Transportation Security Administration (1) Evaluate whether the proposed candidates and 4,500 flight training [Docket No. TSA–2004–19147] information requirement is necessary for providers. the proper performance of the functions Respondents are required to provide of the agency, including whether the Intent To Request Renewal From OMB the subject information every time an information will have practical utility; of One Current Public Collection of alien or other designated individual Information: Flight Training for Aliens (2) Evaluate the accuracy of the applies for pilot training as described in and Other Designated Individuals; agency’s estimate of the burden; the regulation, which is estimated to be Security Awareness Training for Flight (3) Enhance the quality, utility, and twice a year per candidate, for a total of School Employees clarity of the information to be 53,000 responses per year. In response collected; and AGENCY: Transportation Security to comments to the interim final rule Administration, DHS. (4) Minimize the burden of the regarding in aircraft weighing 12,500 collection of information on those who ACTION: Notice. lbs. or less, TSA delineated the types of are to respond, including using training events that would be subject to appropriate automated, electronic, SUMMARY: The Transportation Security the requirements. TSA specified that mechanical, or other technological Administration (TSA) invites public candidates applying for flight training in collection techniques or other forms of comment on an existing information aircraft weighing 12,500 lbs. or less information technology. collection requirement abstracted below would be subject to requirements only that will be submitted to the Office of Information Collection Requirement if they are training towards an initial Management and Budget (OMB) for certificate, an instrument, or multi- renewal in compliance with the 1652–0021, Flight Training for Aliens and Other Designated Individuals; engine training. See TSA’s clarifying Paperwork Reduction Act. The interpretation document in Docket collection involves conducting Security Awareness Training for Flight (Document ID: TSA–2004–19147–0337), background checks for all aliens and School Employees, 49 CFR part 1552. dated January 5, 2005, titled ‘‘Flight other designated individuals seeking Pursuant to section 612 of the Vision Schools and Individuals Subject to 49 flight instruction (‘‘candidates’’) from 100—Century of Aviation Federal Aviation Administration (FAA)- Reauthorization Act, TSA is required to CFR part 1552; RE: Interpretation of certified flight training providers. conduct background checks for all ‘Flight Training’ for Aircraft with an Through the information collected, TSA aliens and other designated individuals MTOW of 12,500 Pounds or Less and will determine whether a candidate is a seeking flight instruction with Federal Exemption from Certain ‘Recurrent threat to aviation or national security, Aviation Administration (FAA)-certified Training’ Information Submission and thus prohibited from receiving flight training providers. In September Requirements Contained in 49 CFR part flight training. Additionally, flight 2004, TSA developed and implemented 1552.’’ This clarification reduced the training providers are required to these requirements at 49 CFR part 1552, number of candidates anticipated from conduct a security awareness program prescribing standards relating to the the original estimates made in for their employees, and to maintain security threat assessment process that November 2004. In addition, 1,500 more records associated with this training. TSA conducts to determine whether flight training providers have candidates are a threat to aviation or DATES: Send your comments by August participated in this program. national security and thus prohibited 5, 2008. from receiving flight training. The TSA estimates that it will take the ADDRESSES: Comments may be mailed collection of information required under 26,500 candidates 45 minutes per or delivered to Joanna Johnson, 49 CFR part 1552 permits TSA to gather application (twice per year) to provide Communications Branch, Business candidates’ biographic information and TSA with all of the information Management Office, Operational Process fingerprints, which are used to perform required, for a total approximate and Technology, TSA–32, the background checks. Additionally, application burden of 39,750 hours per Transportation Security Administration, flight training providers are required to year. Flight training providers must 601 South 12th Street, Arlington, VA conduct security awareness training for keep records for five years from the time 22202–4220. their employees to increase awareness they are created, and it is estimated each FOR FURTHER INFORMATION CONTACT: of suspicious circumstances and of the 4,500 flight training providers Joanna Johnson at the above address, or activities of individuals enrolling in, or will carry an annual record keeping by telephone (571) 227–3651 or attending, flight training. The flight burden of 104 hours, for a total of facsimile (571) 227–3588. training provider may use the initial 468,000 hours. Thus, TSA estimates the SUPPLEMENTARY INFORMATION: security awareness training program combined hour burden associated with offered by TSA, or an alternative initial Comments Invited this collection to be 507,750 hours training program offered by a third annually. In accordance with the Paperwork party, or training designed by the flight Reduction Act of 1995 (44 U.S.C. 3501 training provider itself. Each flight Issued in Arlington, Virginia, on May 30, et seq.), an agency may not conduct or training provider employee must receive 2008. sponsor, and a person is not required to recurrent security awareness training Fran Lozito, respond to, a collection of information each year, and flight training providers Director, Business Management Office, unless it displays a valid OMB control must maintain records of the training Operational Process and Technology. number. The Information Collection completed throughout the course of the [FR Doc. E8–12755 Filed 6–5–08; 8:45 am] Requirement (ICR) documentation is individual’s employment, and for one BILLING CODE 9110–05–P available at www.reginfo.gov. Therefore, year after the individual is no longer a in preparation for OMB review and flight training provider employee.

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DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the DEPARTMENT OF HOUSING AND SECURITY agency’s estimate of the burden of the URBAN DEVELOPMENT proposed collection of information, U.S. Citizenship and Immigration including the validity of the [Docket No. FR–5186–N–23] Services methodology and assumptions used; Federal Property Suitable as Facilities (3) Enhance the quality, utility, and To Assist the Homeless Agency Information Collection clarity of the information to be Activities: Form N–426, Revision of a collected; and AGENCY: Office of the Assistant Currently Approved Information (4) Minimize the burden of the Secretary for Community Planning and Collection; Comment Request collection of information on those who Development, HUD. are to respond, including through the ACTION: 30-Day Notice of Information ACTION: Notice. use of appropriate automated, Collection Under Review: Form N–426, electronic, mechanical, or other Request for Certification of Military or SUMMARY: This Notice identifies technological collection techniques or Naval Service; OMB Control No. 1615– unutilized, underutilized, excess, and other forms of information technology, 0053. surplus Federal property reviewed by e.g., permitting electronic submission of HUD for suitability for possible use to The Department of Homeland responses. assist the homeless. Security, U.S. Citizenship and Overview of This Information EFFECTIVE DATE: June 6, 2008. Immigration Services (USCIS) has Collection FOR FURTHER INFORMATION CONTACT: submitted the following information Kathy Ezzell, Department of Housing collection request to the Office of (1) Type of Information Collection: Revision of a currently approved and Urban Development, 451 Seventh Management and Budget (OMB) for Street, SW., Room 7262, Washington, review and clearance in accordance information collection. (2) Title of the Form/Collection: DC 20410; telephone (202) 708–1234; with the Paperwork Reduction Act of TTY number for the hearing- and 1995. The information collection was Request for Certification of Military or Naval Service. speech-impaired (202) 708–2565, (these previously published in the Federal telephone numbers are not toll-free), or Register on March 19, 2008, at 73 FR (3) Agency form number, if any, and the applicable component of the call the toll-free Title V information line 14829 allowing for a 60-day public at 800–927–7588. comment period. USCIS did not receive Department of Homeland Security SUPPLEMENTARY INFORMATION: In any comments for this information sponsoring the collection: Form N–426. accordance with the December 12, 1988 collection. U.S. Citizenship and Immigration court order in National Coalition for the The purpose of this notice is to allow Services. Homeless v. Veterans Administration, an additional 30 days for public (4) Affected public who will be asked No. 88–2503–OG (D.D.C.), HUD comments. Comments are encouraged or required to respond, as well as a brief publishes a Notice, on a weekly basis, and will be accepted until July 7, 2008. abstract: Primary: Individuals or identifying unutilized, underutilized, This process is conducted in accordance Households. This form will be used by excess and surplus Federal buildings with 5 CFR 1320.10. USCIS to request a verification of the and real property that HUD has Written comments and/or suggestions military or naval service claim by an reviewed for suitability for use to assist regarding the item(s) contained in this applicant filing for naturalization on the the homeless. Today’s Notice is for the notice, especially regarding the basis of honorable service in the U.S. purpose of announcing that no estimated public burden and associated armed forces. additional properties have been response time, should be directed to the (5) An estimate of the total number of determined suitable or unsuitable this Department of Homeland Security respondents and the amount of time week. (DHS), and to the Office of Management estimated for an average respondent to and Budget (OMB) USCIS Desk Officer. respond: 45,000 responses at 45 minutes Dated: June 2, 2008. Comments may be submitted to: USCIS, (.75) per response. Mark R. Johnston, (6) An estimate of the total public Chief, Regulatory Management Division, Deputy Assistant Secretary for Special Needs. burden (in hours) associated with the Clearance Office, 111 Massachusetts collection: 33,750 annual burden hours. [FR Doc. E8–12649 Filed 6–5–08; 8:45 am] Avenue, Suite 3008, Washington, DC If you have additional comments, BILLING CODE 4210–67–P 20529. Comments may also be suggestions, or need a copy of the submitted to DHS via facsimile to 202– proposed information collection 272–8352 or via e-mail at DEPARTMENT OF HOUSING AND instrument with instructions, or [email protected], and to the OMB USCIS URBAN DEVELOPMENT additional information, please visit the Desk Officer via facsimile at 202–395– USCIS Web site at: http:// 6974 or via e-mail at [Docket No. FR–5187–N–37] www.regulations.gov/search/index.jsp. [email protected]. If additional information is required Public Housing Financial Management When submitting comments by e-mail contact: USCIS, Regulatory Management Template please make sure to add OMB Control Division, 111 Massachusetts Avenue, Number 1615–0053. Written comments AGENCY: Suite 3008, Washington, DC 20529, Office of the Chief Information and suggestions from the public and (202) 272–8377. Officer, HUD. affected agencies should address one or ACTION: Notice. more of the following four points: Dated: June 3, 2008. (1) Evaluate whether the proposed Stephen Tarragon, SUMMARY: The proposed information collection of information is necessary Acting Chief, Regulatory Management collection requirement described below for the proper performance of the Division, U.S. Citizenship and Immigration has been submitted to the Office of functions of the agency, including Services, Department of Homeland Security. Management and Budget (OMB) for whether the information will have [FR Doc. E8–12680 Filed 6–5–08; 8:45 am] review, as required by the Paperwork practical utility; BILLING CODE 9111–97–P Reduction Act. The Department is

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soliciting public comments on the and Urban Development, 451 Seventh burden of the collection of information subject proposal. Street, SW., Washington, DC 20410; e- on those who are to respond; including The Public Housing Assessment mail Lillian Deitzer at through the use of appropriate System requires public housing agencies [email protected] or automated collection techniques or to submit financial information telephone (202) 402–8048. This is not a other forms of information technology, annually to HUD. The Uniform toll-free number. Copies of available e.g., permitting electronic submission of Financial Reporting Standards for HUD documents submitted to OMB may be responses. housing programs requires that this obtained from Ms. Deitzer. This notice also lists the following information be submitted electronically, SUPPLEMENTARY INFORMATION: This information: using generally accepted accounting notice informs the public that the Title of Proposal: Public Housing principles, in a prescribed format. HUD Department of Housing and Urban Financial Management Template. will implement a revised financial data Development has submitted to OMB a OMB Approval Number: 2535–0107. schedule (FDS) to capture property level Form Numbers: None. financial data. request for approval of the Information collection described below. This notice Description of the Need for the DATES: Comments Due Date: July 7, is soliciting comments from members of Information and Its Proposed Use: 2008. the public and affecting agencies The Public Housing Assessment ADDRESSES: Interested persons are concerning the proposed collection of System requires public housing agencies invited to submit comments regarding information to: (1) Evaluate whether the to submit financial information this proposal. Comments should refer to proposed collection of information is annually to HUD. The Uniform the proposal by name and/or OMB necessary for the proper performance of Financial Reporting Standards for HUD approval Number (2535–0107) and the functions of the agency, including housing programs requires that this should be sent to: HUD Desk Officer, whether the information will have information be submitted electronically, Office of Management and Budget, New practical utility; (2) Evaluate the using generally accepted accounting Executive Office Building, Washington, accuracy of the agency’s estimate of the principles, in a prescribed format. HUD DC 20503; fax: 202–395–6974. burden of the proposed collection of will implement a revised financial data FOR FURTHER INFORMATION CONTACT: information; (3) Enhance the quality, schedule (FDS) to capture property level Lillian Deitzer, Reports Management utility, and clarity of the information to financial data. Officer, QDAM, Department of Housing be collected; and (4) Minimize the Frequency of Submission: Annually.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 3,996 1.89 5.53 41,885

Total Estimated Burden Hours: stream sinuosity, and fisheries habitat, DATES: The DEA will be available for 41,885. in Hobble Creek, a tributary to Utah public review and comment for a Status: Revision of a currently Lake in Utah County, Utah, to assist minimum of thirty (30) calendar days approved collection. recovery of the endangered June sucker following the publication of this notice. Authority: Section 3507 of the Paperwork fish (Chasmistes liorus). This project has The deadline for submittal of written Reduction Act of 1995, 44 U.S.C. 35, as been planned in cooperation with the comments on the DEA will be stated on amended. June Sucker Recovery Implementation the cover sheet of the document and Dated: May 29, 2008. Program (JSRIP). noted in the transmittal letter to all reviewers. Lillian L. Deitzer, A Proposed Action and No Action Alternative are evaluated in the DEA. Comments on the DEA may also be Departmental Paperwork Reduction Act Under the Proposed Action, presented verbally, or in writing, at a Officer, Office of the Chief Information public meeting to be held in the vicinity Officer. approximately the last one mile of of the project. At this meeting the Lead [FR Doc. E8–12650 Filed 6–5–08; 8:45 am] Hobble Creek, where it enters Utah Lake, will be relocated onto property Agency will present the evaluation of BILLING CODE 4210–67–P owned by the State of Utah. The project environmental impacts and provide will improve the hydrology of the additional opportunity for public stream, open the upper reaches of comment on the project. The place, DEPARTMENT OF THE INTERIOR Hobble Creek to spawning June sucker, date, and time of public meeting will be noted in the transmittal letter to all Central Utah Project Completion Act which currently exist in Utah Lake. As part of the project, adjacent wetlands reviewers and announced in local AGENCY: Department of the Interior, and connecting side channels will be newspapers. Office of the Assistant Secretary—Water constructed on the property to create The public meeting will be held and Science. backwater habitat for survival and Thursday, June 26, 2008, at Bureau of Reclamation, 302 East 1860 South, ACTION: Notice of Availability, Draft rearing of larval stages of June sucker Provo, Utah 84606 starting at 6 p.m. Environmental Assessment (DEA), produced in the creek. After Hobble Creek Stream Restoration, Utah construction, the project lands would be ADDRESSES: Comments on the DEA County, UT. managed by the Utah Division of should be addressed to: Mr. Reed R. Wildlife Resources for protection of Murray, Central Utah Project SUMMARY: Pursuant to Section 102(2)(c) wetlands and conservation of the June Completion Act Office, 302 East 1860 of the National Environmental Policy sucker. The Utah Transit Authority, South, Provo, Utah 84606 or E-mail to Act of 1969, as amended, the Central State of Utah, and the U.S. Fish and [email protected]. Utah Project Completion Act Office Wildlife Service are cooperating FOR FURTHER INFORMATION CONTACT: proposes to relocate, and restore natural agencies in the NEPA process. Copies of the Draft EA can be obtained

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by contacting Mr. Ralph G. Swanson at EA, we describe the alternative we CCP Alternatives, Including Our the address above, by calling 801–379– propose to use to manage this refuge for Proposed Alternative 1254 or at [email protected]. the 15 years following approval of the We developed four alternatives for Copies of the DEA are also available Final CCP. managing the refuge and chose for inspection at: Alternative D as the proposed Springville City Library, 50 South Main, DATES: To ensure consideration, we alternative. Each alternative would Springville, Utah 84663; must receive your written comments by July 21, 2008. We will hold a public pursue the same four broad refuge goals. Department of the Interior, Central Utah These goals are: (1) Wildlife; (2) habitat; Project Completion Act Office, 302 meeting. We will announce the upcoming meeting in the local news (3) public use; and (4) refuge East 1860 South, Provo, Utah 84606. administration. In addition, the complete text of the media. document is available at the JSRIP Web Alternatives ADDRESSES: Requests for copies of the site at http:// Draft CCP/EA should be addressed to A full description of each alternative www.junesuckerrecovery.org or the Utah Eufaula National Wildlife Refuge, 367 is in the Draft CCP/EA. We summarize Transit Authority Web site at http:// each alternative below. www.rideuta.com. Highway 165, Eufaula, AL 36027–8187; Information on other matters related Telephone 334/687–4065. The Draft Alternative A—Current Management to this notice may be obtained by calling CCP/EA may also be accessed and (No Action) downloaded from the Service’s Internet or writing Mr. Ralph G. Swanson, In general, Alternative A would Web site http://southeast.fws.gov/ Program Coordinator, CUP Completion maintain current management direction, planning. Comments on the Draft CCP/ Act Office, Department of the Interior, that is, the refuge’s habitats and wildlife 302 East 1860 South, Provo, UT 84606– EA may be submitted to the above populations would continue to be 6154, (801) 379–1254, E-mail address, address or via electronic mail to _ managed as they have in recent years. [email protected]. mike [email protected]. Public use patterns would remain SUPPLEMENTARY INFORMATION: Before FOR FURTHER INFORMATION CONTACT: relatively unchanged from those that including your name, address, phone Mike Dawson, Refuge Planner, Jackson, exist at present. number, e-mail address, or other MS; 601/965–4903, extension 20. We would conserve, protect, and personal identifying information in your enhance native wildlife populations comment, you should be aware that SUPPLEMENTARY INFORMATION: representative of the middle Chattahoochee River Valley, including your entire comment—including your Introduction personal identifying information—may waterfowl, other migratory birds, and be made publicly available at any time. With this notice, we continue the CCP threatened and endangered species. While you can ask us in your comment process for Eufaula National Wildlife We would provide a complex of to withhold your personal identifying Refuge. We started the process through habitats, both moist-soil and grain information from public review, we a notice in the Federal Register on crops, to meet the foraging needs of cannot guarantee that we will be able to January 26, 2006 (71 FR 4373). 15,000 wintering ducks. This would do so. assist the North American Waterfowl Background Management Plan in meeting its goals. Reed R. Murray, We would also provide adequate open The CCP Process CUP Program Director, Department of the space (upland crop fields) for winter Interior. The National Wildlife Refuge System utilization and feeding of at least 350 [FR Doc. E8–12672 Filed 6–5–08; 8:45 am] Improvement Act of 1997 (16 U.S.C. geese and cranes. In addition, staff and/ BILLING CODE 4310–RK–P 668dd–668ee), which amended the or volunteers would maintain 100 wood National Wildlife Refuge System duck boxes on the refuge. We would continue forest DEPARTMENT OF THE INTERIOR Administration Act of 1966, requires us to develop a CCP for each national management at current levels and Fish and Wildlife Service wildlife refuge. The purpose in intensity. We would maintain 175 acres developing a CCP is to provide refuge of grassland habitat for the benefit of [FWS–R4–R–2008–N0015; 40136–1265– grassland birds. In addition, we would managers with a 15-year plan for 0000–S3] use various tools to maintain tall achieving refuge purposes and emergent vegetation sufficient to contributing toward the mission of the Eufaula National Wildlife Refuge, support a population of 10 king rails Barbour and Russell Counties, AL, and National Wildlife Refuge System, and to benefit other species of marsh Stewart and Quitman Counties, GA consistent with sound principles of fish birds. and wildlife management, conservation, AGENCY: Fish and Wildlife Service, For the benefit of wading birds, legal mandates, and our policies. In Interior. known rookeries would be protected but addition to outlining broad management there would be no active management of ACTION: Notice of availability: draft direction on conserving wildlife and comprehensive conservation plan and foraging habitat for herons and egrets. their habitats, CCPs identify wildlife- Likewise, no active management for environmental assessment; request for dependent recreational opportunities comments. shorebirds would take place. However, available to the public, including we would provide protective SUMMARY: We, the Fish and Wildlife opportunities for hunting, fishing, conservation measures for Federal or Service (Service), announce the wildlife observation, wildlife State listed species and habitats for availability of a draft comprehensive photography, and environmental future ecological existence. conservation plan and environmental education and interpretation. We will We would employ sound scientific assessment (Draft CCP/EA) for Eufaula review and update the CCP at least principles to manage healthy National Wildlife Refuge for public every 15 years in accordance with the populations of resident wildlife species. review and comment. In this Draft CCP/ Improvement Act and NEPA. We would control domestic, feral, or

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pest animals, especially feral hogs, resources. We would follow standard Chattahoochee River Valley, including removing an average of 65 hogs procedures to protect cultural resources waterfowl, other migratory birds, and annually. whenever projects involving excavation threatened and endangered species. We We would provide suitable habitats were undertaken. would work toward achieving several for native wildlife populations objectives to fulfill this habitat goal. representative of the middle Alternative B—Enhanced Wildlife and We would gradually reduce Chattahoochee River Valley, including Habitat Management cooperative farmer cropland acreage to waterfowl, other migratory birds, and We would intensify and expand 300 acres (from 500 acres at present) threatened and endangered species. wildlife and habitat management on the over the 15-year life of the CCP. We would utilize farming on 500 refuge, thereby increasing benefits for Additionally, we would cultivate crops acres to provide food, cover, and wildlife species and fulfilling the refuge on 100 acres to provide food, cover, and sanctuary areas for wildlife and other purposes and goals. Public use sanctuary areas for wildlife and other species, as well as manage opportunities would remain species. approximately 2,600 acres that are approximately the same as they are We would employ silvicultural forestland to provide benefits for forest- now. treatments to improve 2,800 acres of dependent wildlife. We would conserve, protect, and forestland to provide benefits to forest- We would use fire as a management enhance native wildlife populations dependent wildlife. We would also use tool on approximately 300 acres representative of the middle fire as a management tool on annually in suitable habitats for species Chattahoochee River Valley, including approximately 800–1,000 acres annually and habitat conservation. We would waterfowl, other migratory birds, and in suitable habitats for species and also continue management of moist-soil threatened and endangered species. habitat conservation. Management of wetlands (approximately 1,175 acres), We would provide a complex of moist-soil wetlands (approximately with emphasis on providing for habitats, both moist-soil and grain 1,200 acres) would be intensified, with waterfowl and other aquatic birds’ crops, to meet the foraging needs of emphasis on waterfowl and other foraging and life-history requirements. 25,000 wintering ducks. This would aquatic birds’ foraging and life-history We would continue to control assist the North American Waterfowl requirements. invasive plant species at current levels Management Plan in meeting its goals. We would aggressively control of approximately 25 miles of shoreline We would also provide adequate open aquatic invasive plant species on and 750 acres annually (aquatic plants), space (upland crop fields) for winter approximately 25 miles of shoreline, or and preventive and maintenance control utilization and feeding of at least 500 as needed, and 1,250 acres annually. We of upland invasive species (500 acres geese and cranes. In addition, staff and/ would also conduct preventive and annually in croplands). or volunteers would maintain 200 wood maintenance control of upland invasive We would provide the public with duck boxes. plant species. quality wildlife-dependent recreation We would provide forest habitat We would provide the public with and environmental education and conditions conducive to supporting quality wildlife-dependent recreation interpretation that lead to greater both priority pine and hardwood and environmental education and understanding and enjoyment of fish, associated bird species by 2010. By interpretation that lead to greater wildlife, and their habitats. 2008, we would provide high-quality understanding and enjoyment of fish, The refuge hunting program would grassland habitat to support grassland wildlife, and their habitats. Because continue to be carried out in accordance bird species on as many acres as Alternative B emphasizes expanded with Service policy and State and possible, while achieving priority habitat and wildlife management, as to Federal laws, including seasons for waterfowl objectives. In addition, by public use matters Alternative B is very deer, waterfowl, squirrels, rabbits, and 2010, this alternative would promote similar to Alternative A. mourning doves. Incidental tall emergent vegetation sufficient to We would continue to carry out the management and enforcement of fishing support a population of 10–40 king rails hunting program in accordance with regulations would occur. We would and to benefit other species of marsh Service policy and State and Federal maintain existing wildlife observation birds. laws, including seasons for deer, facilities for visitors, including two For the benefit of wading birds, by waterfowl, squirrels, rabbits, and observation platforms, the wildlife 2010, we would provide for both secure mourning doves. By 2010, we would drive, and the interpretive trail. We nesting sites and ample foraging habitat. document the impact of sport fishing would also continue to provide an Also by 2010, we would furnish at least and fishing tournaments on sensitive environmental education program on- two areas of up to 20 acres each for wildlife and habitat resources to serve and off-refuge, without a public use shorebirds, during both northbound and as a basis for discussions with the Army specialist, and limited interpretation at southbound movements. We would Corps of Engineers and Alabama and the headquarters and on the interpretive provide protective conservation Georgia authorities on the possibility of trail. measures for Federal or State listed establishing no-wake zones in sensitive We would continue to plan but would species and habitats for future areas. We would maintain existing not build a visitor center. Visitor contact ecological existence. wildlife observation facilities for would take place at the new refuge We would expand our capability and visitors, including two observation office/headquarters. The refuge staff effort to implement sound scientific platforms, the wildlife drive, and the presently consists of six positions: principles to better manage healthy interpretive trail. We would also refuge manager, assistant refuge populations of resident wildlife species. continue to provide the existing manager, wildlife biologist, office We would control domestic, feral, or environmental education program on- assistant, maintenance worker, and pest animals, especially feral hogs, and off-refuge, without a public use engineering equipment operator. There removing an average of 100-plus hogs specialist, and limited interpretation at would continue to be limited annually, or as needed. the headquarters and on the interpretive management of cultural resources based We would provide suitable habitats trail. on known locations of identified for native wildlife populations We would provide for sufficient cultural, historical, and archaeological representative of the middle staffing, facilities, and infrastructure to

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fulfill the refuge’s purpose and the goals supporting both priority pine and understanding and enjoyment of fish and objectives of the CCP. Under hardwood associated bird species. By and wildlife and their habitats. We Alternative B, we would enlarge the 2008, we would provide high-quality would continue to work toward current staff by adding three full-time grassland habitat to support grassland expanding overall public use positions: biological science technician, bird species on as many acres as opportunities. maintenance worker, and law possible, while achieving priority By 2012, in addition to maintaining enforcement officer. waterfowl objectives. In addition, by all existing hunts and seasons, we Within 15 years of CCP approval, we 2010, we would promote tall emergent would consider adding a youth wild would develop and begin to implement vegetation sufficient to support a turkey quota hunt and an alligator hunt a cultural resources management plan. population of 10–40 king rails and to on open water areas of the refuge. By In the meantime, there would continue benefit other species of marsh birds. 2010, boat launch facilities and bank to be limited management of cultural For the benefit of wading birds, by fishing opportunities would be resources based on known locations of 2010, we would provide for both secure expanded. All existing wildlife identified cultural, historical, and nesting sites and ample foraging habitat. observation and photography facilities archaeological resources. We would Also by 2010, we would furnish at least would be maintained, and within 10 follow standard procedures to protect two areas of up to 20 acres each for years of CCP approval, we would: (1) cultural resources whenever projects shorebirds, during both northbound and Designate a one-way loop in the involving excavation were undertaken. southbound movements. We would Houston Bottoms, and add additional We would increase cooperation with provide protective conservation pull-offs to the existing wildlife drive; the Army Corps of Engineers and the measures for Federal or State listed (2) improve existing interpretive trail States of Alabama and Georgia on species and habitats for future and add foot trails between Lakepoint invasives’ management, and with the ecological existence. State Park and the refuge; and (3) add States on overall refuge management, We would expand our capability and one photo blind in the Houston including restoration of longleaf pine effort to implement sound scientific impoundment or goose pen forests. We would work to establish a principles to better manage healthy impoundment. Friends group (support group) by 2022. populations of resident wildlife species. We would provide for sufficient We would continue to plan but would Domestic, feral, or pest animals, staffing, facilities, and infrastructure to not build a visitor center. Visitor contact especially feral hogs, would be fulfill the refuge’s purpose and the goals would take place at the new refuge controlled, removing an average of 100- and objectives of the CCP. We would office/headquarters. plus hogs annually, or as needed, by enlarge the current staff by adding four considering implementation of a feral Alternative C—Enhanced Wildlife- full-time positions: biological science hog hunting season. Dependent Public Use technician, maintenance worker, park We would provide suitable habitats ranger (non-law enforcement), and law Alternative C would emphasize for native wildlife populations enforcement officer. enhanced wildlife-dependent public use representative of the middle There would continue to be limited on the refuge. Additional efforts and Chattahoochee River Valley, including management of cultural resources based expenditures would be made to expand waterfowl, other migratory birds, and on known locations of identified the public use program, visitor facilities, threatened and endangered species. historical and archaeological resources. and the overall level of wildlife- We would gradually reduce We would follow standard procedures dependent recreational opportunities cooperative farmer cropland acreage to to protect cultural resources whenever available to the public. Special 300 acres (from 500 acres at present) projects involving excavation were emphasis would be placed on over the 15-year life of the CCP. undertaken. We would cooperate with promoting the six priority public uses of Additionally, we would cultivate crops the Army Corps of Engineers and the the Refuge System (e.g., hunting, on 100 acres to provide food, cover, and States of Alabama and Georgia on fishing, wildlife observation, wildlife sanctuary areas for wildlife and other management of invasive species, and photography, and environmental species. with both States on overall refuge education and interpretation) as We would manage approximately management. identified in the National Wildlife 2,600 acres of forestland to provide By 2022, or within 15 years of CCP Refuge System Improvement Act. benefits to forest-dependent wildlife. approval, we would construct and begin We would conserve, protect, and Fire would be used as a management to operate a visitor center east of U.S. enhance native wildlife populations tool on approximately 300 acres Highway 431, adjacent to the Kennedy representative of the middle annually in suitable habitats for species Unit. This center would serve as a focal Chattahoochee River Valley, including and habitat conservation. Management point of public use opportunities. waterfowl, other migratory birds, and of moist-soil wetlands (approximately threatened and endangered species. 1,200 acres) would be intensified, with Alternative D—Balanced Wildlife/ We would provide a complex of emphasis on waterfowl and other Habitat Management and Public Use habitats, both moist-soil and grain aquatic birds foraging and life-history Activities (Proposed Alternative) crops, to meet the foraging needs of requirements. The proposed action would expand 25,000 wintering ducks. This would We would aggressively control both wildlife and habitat management assist the North American Waterfowl aquatic invasive plant species on efforts, as well as public use Management Plan in meeting its goal. approximately 25 miles of shoreline, or opportunities, in a balanced fashion. We would also provide adequate open as needed, and 1,250 acres annually. We We would conserve, protect, and space (upland crop fields) for winter would also conduct preventive and enhance native wildlife populations utilization and feeding of at least 500 maintenance control of upland invasive representative of the middle geese and cranes. In addition, staff and/ plant species. Chattahoochee River Valley, including or volunteers would maintain 200 wood We would provide the public with waterfowl, other migratory birds, and duck boxes. quality wildlife-dependent recreation threatened and endangered species. By 2010, we would provide forest and environmental education and We would provide a complex of habitat conditions conducive to interpretation that lead to greater habitats, both moist-soil and grain

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crops, to meet the foraging needs of management tool on approximately technician, maintenance worker, two 25,000 wintering ducks. This would 800–1,000 acres annually in suitable park rangers (non-law enforcement), and assist the North American Waterfowl habitats for species and habitat law enforcement officer. Management Plan in meeting its goal. conservation. Management of moist-soil Within 15 years of CCP approval, we We would also provide adequate open wetlands (approximately 1,200 acres) would develop and begin to implement space (upland crop fields) for winter would be intensified, with emphasis on a cultural resources management plan. utilization and feeding of at least 500 waterfowl and other aquatic birds’ In the meantime, there would continue geese and cranes. In addition, staff and/ foraging and life-history requirements. to be limited management of cultural or volunteers would maintain 200 wood We would aggressively control resources based on known locations of duck boxes on the refuge. aquatic invasive plant species on historical and archaeological resources. By 2010, we would provide forest approximately 25 miles of shoreline, or We would follow standard procedures habitat conditions conducive to as needed, and 1,250 acres annually. We to protect cultural resources whenever supporting both priority pine and would also conduct preventive and projects involving excavation were hardwood associated bird species. By maintenance control of upland invasive undertaken. 2008, we would provide high-quality plant species. We would increase cooperation with grassland habitat to support grassland We would provide the public with the Army Corps of Engineers and the bird species on 220 to 300 acres, while quality wildlife-dependent recreation States of Alabama and Georgia on achieving priority waterfowl objectives. and environmental education and invasives’ management, and with both This would include planting native interpretation that lead to greater States on overall refuge management, warm season grass species on old farm understanding and enjoyment of fish including restoration of longleaf pine fields. In addition, by 2010, this would and wildlife and their habitats. We forests. We would work to establish a promote tall emergent vegetation would work to expand overall public refuge Friends group (support group) by sufficient to support a population of 10– use opportunities. 2022. 20 king rails and to benefit other species In addition to maintaining all existing By 2022, or within 15 years of CCP of marsh birds. hunts and seasons, we would consider approval, we would construct and begin For the benefit of wading birds, by adding a youth wild turkey quota hunt to operate a visitor center east of U.S. 2010, we would provide for both secure by 2015. Boat launch facilities and bank Highway 431 adjacent to the Kennedy nesting sites and ample foraging habitat. fishing opportunities would be Unit. This center would serve as a focal Also by 2010, we would furnish at least expanded by 2015. Also by 2015, we point of public use opportunities on the two areas of up to 20 acres each for would document the impact of sport refuge. shorebirds, during both northbound and fishing and fishing tournaments on southbound movements. In addition, we sensitive wildlife and habitat resources Public Availability of Comments would provide protective conservation to serve as a basis for discussions with Before including your address, phone measures for Federal or State listed the Army Corps of Engineers and number, e-mail address, or other species and habitats for future Alabama and Georgia authorities on the personal identifying information in your ecological existence. possibility of establishing no-wake comment, you should be aware that We would expand the capability and zones in sensitive areas. your entire comment, including your effort to implement sound scientific All existing wildlife observation and personal identifying information, may principles to better manage healthy photography facilities would be be made publicly available at any time. populations of resident wildlife species. maintained and within 10 years of CCP While you can ask us in your comment We would also control domestic, feral, approval we would: (1) Designate a one- to withhold your personal identifying or pest animals, especially feral hogs, way loop in the Houston Bottoms and information from public review, we removing an average of 100-plus hogs add additional pull-offs to the existing cannot guarantee that we will be able to annually, or as needed. wildlife drive; (2) improve existing do so. We would provide suitable habitats interpretive trail and add foot trails for native wildlife populations between Lakepoint State Park and the Next Step representative of the middle refuge; (3) add one photo blind in the After the comment period ends for the Chattahoochee River Valley, including Houston impoundment or goose pen Draft CCP/EA, we will analyze the waterfowl, other migratory birds, and impoundment; and (4) construct an comments and address them in the form threatened and endangered species. observation platform adjacent to the of a Final CCP and Finding of No We would gradually reduce hour glass impoundment on the wildlife Significant Impact. cooperative farmer cropland acreage to drive and assess the need for an 300 acres (from 500 acres at present) additional viewing platform in the area Authority: This notice is published under over the 15-year life of the CCP. of Houston Bottoms. the authority of the National Wildlife Refuge Additionally, we would cultivate crops In terms of environmental education System Improvement Act of 1997, Public on 100 to 300 acres to provide food, and interpretation, we would maintain Law 105–57. cover, and sanctuary areas for wildlife existing opportunities and facilities, and Dated: December 31, 2007. and other species. This would provide by 2022, we would establish a new Jon Andrew, adequate habitat for wintering visitor center. Acting Regional Director. waterfowl and provide quality dove We would provide for sufficient hunting opportunities. staffing, facilities, and infrastructure to Editorial Note: This document was We would employ silvicultural fulfill the refuge’s purpose and the goals received in the Office of the Federal Register on June 3, 2008. treatments to improve 2,800 acres of and objectives of the CCP. We would forestland to benefit forest-dependent enlarge the current staff by adding five [FR Doc. E8–12713 Filed 6–5–08; 8:45 am] wildlife. We would also use fire as a full-time positions: biological science BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR A. Background decision and the alternatives considered Keystone proposes to construct and in reaching this decision. It will also Fish and Wildlife Service operate a pipeline and related facilities identify those measures (permit to transport crude oil from Alberta, conditions) that have been, and will be, [FWS–R6–ES–2008–N0112; 60132–1261– Canada, to the midwestern United taken to minimize environmental harm 60RC–P4] States. The proposed route of the from the decision to issue a ROW permit. Keystone Oil Pipeline Project, Right-of- pipeline would cross lands where the Way Permit Application To Cross Six Service holds an easement interest. B. Document Availability Pursuant to the National Wetland Management Districts in North Copies of the ROW application and Dakota and South Dakota Environmental Policy Act (NEPA), the Department of State, with the Service as other material from the Service’s Web site can be obtained during office hours AGENCY: Fish and Wildlife Service, a cooperating agency, prepared a Final Interior. EIS assessing the impacts of at the following Service field offices: • Tewaukon Wetland Management ACTION: Notice of availability; right-of- constructing and operating the proposed District, 9756 1431⁄2 Ave, SE., Cayuga, Keystone Pipeline. The Environmental way permit application. North Dakota 58013, telephone 701– Protection Agency published a Notice of 724–3598 SUMMARY: The U.S. Fish and Wildlife Availability of the EIS in the Federal • Devils Lake Wetland Management Service (Service) is soliciting public Register on January 11, 2008 (73 FR District, 221 Second Street Northwest, comment on a right-of-way (ROW) 2027) and a notice of the agency’s Devils Lake, North Dakota 58301, permit application submitted by comments on the EIS on March 21, 2008 telephone 701–662–8611 TransCanada Keystone Pipeline, LP (73 FR 15153). Subsequently, Keystone • Valley City Wetland Management (Keystone). If issued, the ROW permit applied for a ROW easement per District, 11515 River Road, Valley City, would authorize the construction, regulations at 50 CFR 29.21 for the North Dakota 58072, telephone 701– operation, maintenance, and Keystone Pipeline to cross through 845–3466 decommissioning of the pipeline individual wetlands where the Service • Waubay Wetland Management through easements held by the Service holds an easement for waterfowl District, 44401 134 A Street, Waubay, in North Dakota and South Dakota. The management rights. The current route of South Dakota 57273, telephone 605– Service is a cooperating agency with the the pipeline will cross 62 easement Department of State on an 947–4521 wetlands on 33 tracts. • Huron Wetland Management Environmental Impact Statement (EIS) The purpose of the ROW permit, if District, 200 4th Street, SE., Room 309, on the Keystone Oil Pipeline Project and approved, and any preliminary permit is Federal Building, Huron, South Dakota has adopted the Final EIS. After to describe the location of the pipeline 57350, telephone 605–352–5894 reviewing any comments received on through individual easement wetlands • Lake Andes Wetland Management the ROW application, the Service will and the measures that will be taken by District, 38672 291st Street, Lake Andes, issue its own Record of Decision (ROD) Keystone to ensure that construction, South Dakota 57356, telephone 605– on the EIS prior to granting the ROW operation, maintenance, and 487–7603 permit. decommissioning of the pipeline will • Madison Wetland Management DATES: Preparation of the ROD will only temporarily drain or fill easement District, P.O. Box 48, Madison, South begin no sooner than July 7, 2008. We wetlands. It also will describe measures Dakota 57042, telephone 605–256–2974 will consider public comments received that Keystone will take to restore The information also will be available or postmarked by that date. easement wetlands if the Service at various public offices and locations determines that pipeline construction, ADDRESSES: throughout North Dakota and South Comment submission: operation, maintenance, and Submit comments on the ROW Dakota. To obtain these locations, call decommissioning drains or partially the nearest Service office listed above. application to Rick Coleman, Assistant drains them. If wetland hydrology Regional Director, National Wildlife cannot be adequately restored and an Dated: May 28, 2008. Refuge System, Region 6, U.S. Fish and easement wetland is drained by this James J. Slack, Wildlife Service, P.O. Box 25486, project, permit conditions will require Deputy Regional Director. Denver Federal Center, Denver, Keystone to acquire replacement [FR Doc. E8–12473 Filed 6–5–08; 8:45 am] Colorado 80225, or electronically to _ wetland habitat that will be protected by BILLING CODE 4310–55–P Rick [email protected] (e-mail). a Service easement. Document availability: Copies of the Based on the analysis described in the ROW permit application, digital maps, State Department’s Final EIS, Record of DEPARTMENT OF THE INTERIOR and legal descriptions of Service Decision (ROD), and National Interest wetland easements that the ROW would Determination, the Service has adopted Geological Survey cross, are available for viewing and the State Department’s EIS and will Agency Information Collection download at the Service’s Region 6 Web consider issuance of a ROW permit. As Activities: Comment Request site: http://www.fws.gov/mountain- required by 50 CFR 29.21–9(f), the prairie/keystonepipeline or at the field Service is seeking public comment on AGENCY: U.S. Geological Survey (USGS), office locations listed in supplementary the ROW application. After reviewing Interior. information. Copies of the Final EIS, and considering any comments Record of Decision, National Interest ACTION: Notice of a new information received, the Service will issue a ROD, collection. Determination, Presidential Permit, and Environmental Action Memorandum, other project information are available and Environmental Action Statement SUMMARY: To comply with the for viewing and download at the before issuing a ROW permit allowing Paperwork Reduction Act of 1995 Keystone project Web site: http:// the pipeline to cross the described (PRA), we are notifying the public that www.keystonepipeline.state.gov. easement wetlands. The Service ROD we will submit to OMB a new SUPPLEMENTARY INFORMATION: will describe the rationale for the information collection request (ICR) for

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approval of the paperwork requirements locality data for the United States, and concerning each proposed collection of for the Mineral Resources Program’s (4) ensure availability of long-term data information * * *’’ Agencies must (MRP) Mineral Resource External sets describing mineral production and specifically solicit comments to: (a) Research Program (MRERP). To submit consumption. Furthermore, annual Evaluate whether the proposed a proposal for the MRERP a project research priorities are provided as collection of information is necessary narrative must be completed and guidance for applicants to consider for the agency to perform its duties, submitted via Grants.gov. Furthermore, when submitting proposals. Annual including whether the information is for multi-year projects, an annual research priorities are determined by useful; (b) evaluate the accuracy of the progress report must be completed, and USGS MRP management. Since its agency’s estimate of the burden of the for all projects, a final technical report initiation in 2004, the MRERP has proposed collection of information; (c) is required at the end of the project awarded more than $1.8 million to 30 enhance the quality, usefulness, and period. This notice provides the public different research projects across the clarity of the information to be an opportunity to comment on the country. collected; and (d) minimize the burden paperwork burden of these project We will protect information from on the respondents, including the use of narrative and report requirements. The respondents considered proprietary automated collection techniques or narrative and report guidance is under the Freedom of Information Act other forms of information technology. (5 U.S.C. 552) and implementing available at http://www.usgs.gov/ To comply with the public regulations (43 CFR part 2), and under contracts/Minerals/index.html. consultation process, we publish this regulations at 30 CFR 250.197, ‘‘Data DATES: Submit written comments by Federal Register notice announcing that and information to be made available to August 5, 2008. we will submit this ICR to OMB for the public or for limited inspection.’’ ADDRESSES: You may submit comments approval. This notice provides the Responses are voluntary. No questions on this information collection to the required 60-day public comment period. of a ‘‘sensitive’’ nature are asked. We Department of the Interior, USGS, via: USGS Information Collection • E-mail [email protected]. Use intend to release the project abstracts Clearance Officer: Alfred Travnicek, Information Collection Number 1028– and primary investigators for awarded/ 703–648–7231. NEW, MRP in the subject line. funded projects only. • FAX: (970) 226–9230. Use Frequency: Annually. Dated: May 30, 2008. Information Collection Number 1028– Estimated Annual Number and Suzette M. Kimball, Description of Respondents: NEW, MRP in the subject line. Associate Director for Geology. • Mail to Phadrea Ponds, U.S. Approximately 500 research scientists from universities, State agencies, Tribal [FR Doc. E8–12721 Filed 6–5–08; 8:45 am] Geological Survey, 2150 Building C, BILLING CODE 4311–AM–P Fort Collins, CO 80525. Please reference governments or organizations, and Information Collection 1028–NEW, MRP industry or other private sector in your comments. organizations. DEPARTMENT OF THE INTERIOR Estimated Total Number of Annual FOR FURTHER INFORMATION PLEASE Responses: 48. Bureau of Indian Affairs CONTACT: Jeff L. Doebrich at 703–648– Estimated Annual Burden Hours: 6103. 2160. Notice of Intent To Prepare an SUPPLEMENTARY INFORMATION: Estimated Annual Reporting and Environmental Impact Statement for Title: Mineral Resources Program. Recordkeeping ‘‘Hour’’ Burden: We the Renewed Application for the OMB Control Number: 1028–NEW. estimate the public reporting burden Proposed Los Coyotes Band of Form Number: Project narrative and averages 45 hours per response. This Cahuilla and Cupen˜ o Indians Fee-to- report guidance posted on Grants.gov. includes the time for (1) Project Trust Transfer and Casino-Hotel Abstract: Through the MRERP, the conception and development, proposal Project, San Bernardino County, MRP of the USGS offers an annual writing and reviewing, and submitting California competitive grant and/or cooperative project narrative through Grants.gov, (2) agreement opportunity to universities, preparation of annual progress report, AGENCY: Bureau of Indian Affairs, State agencies, Tribal governments or and (3) preparation of final technical Interior. organizations, and industry or other report. private sector organizations. Applicants Estimated Reporting and ACTION: Notice. must have the ability to conduct Recordkeeping ‘‘Non-Hour Cost’’ research in topics related to non-fuel Burden: There are no ‘‘non-hour cost’’ SUMMARY: This notice advises the public mineral resources and that meet the burdens associated with this collection that the Bureau of Indian Affairs (BIA) goals of the MRP. The MRERP will of information. as lead agency, with the National Indian consider all research-based proposals Public Disclosure Statement: The PRA Gaming Commission and Los Coyotes that address one of the MRP’s long-term (44 U.S.C. 3501, et seq.) provides that an Band of Cahuilla and Cupen˜ o Indians goals. The long-term goals of the MRP, agency may not conduct or sponsor and (Tribe) as cooperating agencies, intends as described in the MRP Five-Year Plan you are not required to respond to, a to gather information necessary for for FY 2006–2010 (http:// collection of information unless it preparing an Environmental Impact minerals.usgs.gov/plan/2006-2010/ displays a currently valid OMB control Statement (EIS) for the Tribe’s renewed 2006-2010_plan.html) are (1) Ensure number. Until OMB approves a application for a proposed 45-acre fee- availability of up-to-date quantitative collection of information, you are not to-trust transfer and casino and hotel assessments of potential for obligated to respond. project to be located in San Bernardino undiscovered mineral deposits, (2) Comments: Before submitting an ICR County, California. The BIA did not ensure availability of up-to-date to OMB, PRA section 3506(c)(2)(A) (44 approve the original application as geoenvironmental assessments of U.S.C. 3501, et seq.) requires each submitted, hence published a Notice of priority Federal lands, (3) ensure agency ‘‘* * * to provide notice * * * Cancellation of work on the EIS on May availability of reliable geologic, and otherwise consult with members of 19, 2008, in the Federal Register (73 FR geochemical, geophysical, and mineral the public and affected agencies 28841).

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DATES: Written comments on the scope address shown in the ADDRESSES 1978 (Pub. L. 95–608) provides, subject and implementation of this proposal section, during regular business hours, 8 to certain specified conditions, that must arrive by July 7, 2008. a.m. to 4:30 p.m., Monday through Indian tribes may petition the Secretary ADDRESSES: You may mail or hand carry Friday, except holidays. Before of the Interior for reassumption of written comments to Dale Morris, including your address, phone number, jurisdiction over Indian child custody Regional Director, Pacific Regional e-mail address, or other personal proceedings. This notice acknowledges Office, Bureau of Indian Affairs, 2800 identifying information in your receipt of the petition of Alabama- Cottage Way, Sacramento, California comment, you should be aware that Coushatta Tribe of Texas for the tribal 95825. Please include your name, return your entire comment—including your reassumption of jurisdiction. caption, address and ‘‘DEIS Scoping personal identifying information—may Dated: May 10, 2008 Comments, Los Coyotes Band of be made publicly available at any time. Carl J. Artman, While you can ask us in your comment Cahuilla and Cupen˜ o Indians 45-Acre Assistant Secretary—Indian Affairs. Fee-to-Trust Casino/Hotel Project, San to withhold your personal identifying [FR Doc. E8–12682 Filed 6–5–08; 8:45 am] Bernardino County, California’’, on the information from public review, we first page of your written comments. cannot guarantee that we will be able to BILLING CODE 4310–4J–P FOR FURTHER INFORMATION CONTACT: John do so. Rydzik, (916) 978–6042. Authority: This notice is published in DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: The accordance with sections 1503.1 and 1506.6 proposed action would transfer of the Council on Environmental Quality Bureau of Land Management approximately 45 acres of land from fee Regulations (40 CFR Parts 1500 through 1508) implementing the procedural [AA–6689–A, AA–6689–B, AA–6689–A2; to trust status, upon which the Tribe requirements of the National Environmental AK–964–1410–KC–P] would develop a casino, hotel, parking Policy Act of 1969, as amended (42 U.S.C. and other supporting facilities. The 4321 et seq.), and the Department of the Alaska Native Claims Selection property is located within the Interior Manual (516 DM 1–6), and is in the AGENCY: Bureau of Land Management, incorporated boundaries of the City of exercise of authority delegated to the Barstow, San Bernardino County, Assistant Secretary—Indian Affairs by 209 Interior. California, just east of Interstate-15, near DM 8.1. ACTION: Notice of decision approving State Highways 58 and 247 and Dated: May 23, 2008. lands for conveyance. Interstate-40. Carl J. Artman, SUMMARY: As required by 43 CFR The BIA published a Notice of Intent Assistant Secretary—Indian Affairs. 2650.7(d), notice is hereby given that an to prepare an EIS for the original [FR Doc. E8–12638 Filed 6–5–08; 8:45 am] appealable decision approving lands for application on April 19, 2006, in the BILLING CODE 4310–W7–P conveyance pursuant to the Alaska Federal Register (71 FR 20126). The Native Claims Settlement Act will be notice included project details, which issued to Sanak Corporation. The lands remain unchanged in the renewed DEPARTMENT OF THE INTERIOR are in the vicinity of Pauloff Harbor, application. As this notice on the Alaska, and are located in: renewed application in effect resumes Bureau of Indian Affairs work on the EIS, public scoping for the Seward Meridian, Alaska issues and alternatives to be analyzed in Alabama-Coushatta Tribe of Texas T. 53 S., R. 68 W., the EIS has already been done. The BIA Petition for Tribal Reassumption of Secs. 3, 4, 5 and 8; will not, therefore, hold any additional Jurisdiction over Child Custody Secs. 9, 10, 15 and 16; public scoping meetings. This notice, Proceedings Sec. 21. however, does provide the public Containing approximately 2,120 acres. AGENCY: Bureau of Indian Affairs, another 30-day period to submit T. 52 S., R. 70 W., Interior. comments on what should be covered in Secs. 17 to 20, inclusive. ACTION: Notice. Containing 1,687.72 acres. the EIS. T. 52 S., R. 71 W., Areas of environmental concern SUMMARY: This is a notice that the Secs. 9, 10, 15, and 16; identified for analysis in the EIS include Department of the Interior has received Secs. 21 to 24, inclusive; land resources, water resources, a petition from the Alabama-Coushatta Secs. 26 to 32, inclusive. biological resources, cultural resources, Tribe of Texas for the tribal Containing 5,749.47 acres. traffic and transportation, noise, air reassumption of jurisdiction over Indian T. 53 S., R. 73 W., Secs. 33 and 34. quality, public health/environmental child custody proceedings. The petition hazards, public services and utilities, Containing approximately 952 acres. is under review by, and may be T. 66 S., R. 90 W., hazardous waste and materials, socio- inspected at, the address listed in the economics, environmental justice and Secs. 9 and 15. ADDRESSES section. Containing 3.77 acres. visual resources/aesthetics. In addition ADDRESSES: The Bureau of Indian Aggregating approximately 10,513 to the proposed action, alternatives Affairs, Office of Indian Services, acres. identified for analysis include no- Division of Human Services, 1849 C St., action, reduced-intensity development The subsurface estate in these lands NW., Room MIB–4513, Washington, DC and two alternate sites. The range of will be conveyed to The Aleut 20240. issues and alternatives are open to Corporation when the surface estate is expansion based on comments received FOR FURTHER INFORMATION CONTACT: conveyed to Sanak Corporation. Notice in response to this notice. Rochelle Apodaca (505) 563–3524. of the decision will also be published SUPPLEMENTARY INFORMATION: The four times in the Anchorage Daily News. Public Comment Availability authority for the Assistant Secretary— DATES: The time limits for filing an Comments, including names and Indian Affairs to publish this notice is appeal are: addresses of respondents, will be contained in 25 CFR 13.14(a) and 209 1. Any party claiming a property available for public review at the BIA DM 8. The Indian Child Welfare Act of interest which is adversely affected by

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the decision shall have until July 7, FOR FURTHER INFORMATION CONTACT: For FOR FURTHER INFORMATION CONTACT: 2008 to file an appeal. the Western Montana RAC, contact the James A. Worth, Office of the General 2. Parties receiving service of the Resource Advisory Council Coordinator, Counsel, U.S. International Trade decision by certified mail shall have 30 at the Butte Field Office, 106 North Commission, 500 E Street, SW., days from the date of receipt to file an Parkmont, Butte, Montana 59701, Washington, DC 20436, telephone (202) appeal. telephone 406–533–7600. 205–3065. Copies of non-confidential Parties who do not file an appeal in SUPPLEMENTARY INFORMATION: The 15- documents filed in connection with this accordance with the requirements of 43 member Council advises the Secretary investigation are or will be available for CFR Part 4, Subpart E, shall be deemed of the Interior, through the Bureau of inspection during official business to have waived their rights. Land Management, on a variety of hours (8:45 a.m. to 5:15 p.m.) in the ADDRESSES: A copy of the decision may planning and management issues Office of the Secretary, U.S. be obtained from: Bureau of Land associated with public land International Trade Commission, 500 E Management, Alaska State Office, 222 management in western Montana. Street, SW., Washington, DC 20436, West Seventh Avenue, #13, Anchorage, Topics of discussion at the September 4 telephone (202) 205–2000. General Alaska 99513–7504. meeting will be announced through the information concerning the Commission FOR FURTHER INFORMATION CONTACT: The local media. Topics for the November 20 may also be obtained by accessing its Bureau of Land Management by phone meeting will be determined at the Internet server (http://www.usitc.gov). at 907–271–5960, or by e-mail at September 4 meeting. The public record for this investigation [email protected]. Persons All meetings are open to the public. may be viewed on the Commission’s who use a telecommunication device The public may present written electronic docket (EDIS) at http:// (TTD) may call the Federal Information comments to the Council. Each formal edis.usitc.gov. Hearing-impaired Relay Service (FIRS) at 1–800–877– Council meeting will also have time persons are advised that information on 8330, 24 hours a day, seven days a allocated for hearing public comments. this matter can be obtained by week, to contact the Bureau of Land Depending on the number of persons contacting the Commission’s TDD Management. wishing to comment and time available, terminal on (202) 205–1810. the time for individual oral comments SUPPLEMENTARY INFORMATION: The Hillary Woods, may be limited. Individuals who plan to Commission instituted this investigation Land Law Examiner, Land Transfer attend and need special assistance, such on March 29, 2005, based on a Adjudication I. as sign language interpretation, or other complaint brought by Flexsys America [FR Doc. E8–12726 Filed 6–5–08; 8:45 am] reasonable accommodations, should L.P. (‘‘Flexsys’’), alleging a violation of BILLING CODE 4310–JA–P contact the BLM as provided below. section 337 in the importation, the sale Dated: May 29, 2008. for importation, or the sale after Richard M. Hotaling, importation of certain rubber DEPARTMENT OF THE INTERIOR antidegradants, components thereof, or Field Manager. products containing same by reason of Bureau of Land Management [FR Doc. E8–12730 Filed 6–5–08; 8:45 am] infringement of claims 30 or 61 of U.S. BILLING CODE 4310–$$–P Patent No. 5,117,063 (‘‘the ’063 patent’’), [MT–079–08–1010–PH] or claims 7 or 11 of U.S. Patent No. Notice of Public Meeting, Western 5,608,111 (‘‘the ’111 patent’’), or claims Montana Resource Advisory Council INTERNATIONAL TRADE 1, 32, or 40 of U.S. Patent No. 6,140,538 Meeting COMMISSION (‘‘the ’538 patent’’). 70 FR 15,855 (Mar. 29, 2005). The patents teach processes AGENCY: Bureau of Land Management, [Investigation No. 337–TA–533] for the production of 4–ADPA and Interior. In the Matter of Certain Rubber alkylated derivatives of 4–ADPA. One of ACTION: Notice of public meeting. Antidegradants, Components Thereof, these alkylated derivatives, 6–PPD, is used to prevent the degradation of SUMMARY: In accordance with the and Products Containing Same; Remand of Investigation to Presiding rubber. Federal Land Policy and Management The complaint named as respondents Act (FLPMA) and the Federal Advisory Administrative Law Judge; Rescission of Limited Exclusion Order Sinorgchem Co. (‘‘Sinorgchem’’) of Committee Act of 1972 (FACA), the U.S. Shandong, China, as well as Sovereign Department of the Interior, Bureau of AGENCY: U.S. International Trade Chemical Company (‘‘Sovereign’’), Land Management (BLM), the Western Commission. Korea Kumho Petrochemical Co., Ltd. Montana Resource Advisory Council ACTION: Notice. (‘‘KKPC’’), Vilax Corporation (‘‘Vilax’’), will meet as indicated below. and Stolt-Nielson Transportation Group DATES: The next two regular meetings of SUMMARY: Notice is hereby given that Ltd. (‘‘Stolt-Nielson’’). It was alleged the Western Montana RAC will be held the U.S. International Trade that the accused rubber antidegradant September 4, 2008 at the Dillon Field Commission has determined to remand products were made using the patented Office, 1005 Selway Drive, Dillon, the above-captioned investigation to the processes. The investigation was Montana and November 20, 2008 at the presiding administrative law judge terminated with regard to the ’538 Butte Field Office, 106 North Parkmont, (‘‘ALJ’’) for proceedings consistent with patent, and with regard to Vilax and Butte, Montana beginning at 9 a.m. The the December 21, 2007 judgment of the Stolt-Nielson. public comment period for both U.S. Court of Appeals for the Federal On February 16, 2006, the ALJ issued meetings will begin at 11:30 a.m. and Circuit in Sinorgchem Co., Shandong v. his final initial determination (‘‘final the meetings are expected to adjourn at International Trade Commission, 511 ID’’ or ‘‘ID’’). The ALJ found that approximately 3 p.m. A field trip in the F.3d 1132 (Fed. Cir. 2007). The Sinorgchem and Sovereign had violated Dillon area on September 3 may be Commission has also determined to section 337 by infringing the asserted offered in conjunction with the regular rescind the limited exclusion order claims of the ’063 and ’111 patents, but meeting on September 4. previously issued in this investigation. found that KKPC had not. All parties

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petitioned for review of various parts of Issued: June 3, 2008. Fleetwood ([email protected]), the final ID. Marilyn R. Abbott, fax no. (202) 514–0097, phone The Commission reviewed the ALJ’s Secretary to the Commission. confirmation number (202) 514–1547. In final ID in its entirety, and solicited [FR Doc. E8–12738 Filed 6–5–08; 8:45 am] requesting a copy from the Consent further briefing from the parties on the BILLING CODE 7020–02–P Decree Library, please enclose a check issues on review, as well as the on the in the amount of $27.75 (25 cents per page reproduction cost) payable to the issues of remedy, the public interest, U.S. Treasury or, if by e-mail or fax, and bonding. 71 FR 20131 (April 19, DEPARTMENT OF JUSTICE forward a check in that amount to the 2006). On review, the Commission Notice of Lodging of Consent Decree Consent Decree Library at the stated found the asserted claims to be Under the Comprehensive address. infringed by Sinorgchem and Sovereign, Environmental Response, Ronald Gluck, made a determination of violation of Compensation, and Liability Act section 337 by Sinorgchem and Assistant Chief, Environmental Enforcement Sovereign, and issued a limited Notice is hereby given that on May 23, Section, Environment and Natural Resources exclusion order. The limited exclusion 2008, a proposed Consent Decree in Division. order bars the unauthorized importation United States v. Kaman Aerospace [FR Doc. E8–12630 Filed 6–5–08; 8:45 am] into the United States by Sinorgchem Corporation, Civil Action No. 08–00794, BILLING CODE 4410–CW–P and Sovereign of 4–ADPA, made by a was lodged with the United States process covered by claim 30 of the ’063 District Court for the District of DEPARTMENT OF JUSTICE patent or claim 7 of the ’111 patent, and Connecticut. 6–PPD, made by a process covered by In this action, the United States sought recovery of past and future Bureau of Alcohol, Tobacco, Firearms claim 61 of the ’063 patent or claim 11 response costs incurred by the United and Explosives of the ’111 patent. States Navy in connection with the [OMB Number 1140–0070] Sinorgchem appealed the Naval Weapons Industrial Reserve Plant Commission’s final determination to the in Bloomfield, Connecticut (‘‘Facility’’). Agency Information Collection U.S. Court of Appeals for the Federal The Consent Decree resolves the Activities: Proposed Collection; Circuit (‘‘Federal Circuit’’). On potential liability of both the United Comments Requested December 21, 2007, the Federal Circuit States, which owned the Facility, and issued its judgment vacating and Kaman Aerospace Corporation ACTION: 60-Day Notice of Information remanding the Commission’s final (‘‘Kaman’’), a government contractor Collection Under Review: Application determination for further proceedings that operated the Facility, for all for Explosives License or Permit. consistent with the Court’s opinion. response costs incurred or to be The Department of Justice (DOJ), Sinorgchem Co., Shandong v. incurred in connection with the Facility. In return for transferring the Bureau of Alcohol, Tobacco, Firearms International Trade Commission, 511 and Explosives (ATF), will be F.3d 1132 (Fed. Cir. 2007). Intervenor Facility to Kaman, Kaman will complete the remaining environmental submitting the following information Flexsys America L.P. (‘‘Flexsys’’) collection request to the Office of petitioned the Federal Circuit for remediation of the Facility. In addition, each party releases the other from Management and Budget (OMB) for rehearing and rehearing en banc. The review and approval in accordance with Commission supported rehearing. On liability for all response costs. The Department of Justice will receive the Paperwork Reduction Act of 1995. April 7, 2008, the Federal Circuit denied for a period of thirty (30) days from the The proposed information collection is the petition for rehearing and rehearing date of this publication comments published to obtain comments from the en banc. The mandate of the Court relating to the Consent Decree. public and affected agencies. Comments issued on April 14, 2008. Comments should be addressed to the are encouraged and will be accepted for Upon consideration of this matter, the Assistant Attorney General, ‘‘sixty days’’ until August 5, 2008. This Commission has determined to rescind Environment and Natural Resources process is conducted in accordance with the limited exclusion order relating to Division, and either e-mailed to 5 CFR 1320.10. the importation of rubber antidegradants [email protected] or If you have comments especially on made by Sinorgchem and Sovereign. mailed to P.O. Box 7611, U.S. the estimated public burden or The Commission has also determined to Department of Justice, Washington, DC associated response time, suggestions, remand the investigation to the 20044–7611, and should refer to United or need a copy of the proposed presiding ALJ for proceedings consistent States v. Kaman Aerospace Corporation, information collection instrument with with Sinorgchem Co., Shandong v. D.J. Ref. No. 90–11–2–08604. instructions or additional information, International Trade Commission, 511 The Consent Decree may be examined please contact Christopher Reeves, F.3d 1132 (Fed. Cir. 2007), including at the Office of the United States Chief, Federal Explosives Licensing issuance of a final initial determination Attorney, 915 Lafayette Blvd., Center, 244 Needy Road, Martinsburg, on violation and a recommended Bridgeport, Connecticut. During the WV 25405. determination on remedy and bonding. public comment period, the Consent Written comments and suggestions Decree also may be examined on the from the public and affected agencies This action is taken under the following Department of Justice Web concerning the proposed collection of authority of section 337 of the Tariff Act site: http://www.usdoj.gov/enrd/ information are encouraged. Your of 1930, as amended (19 U.S.C. 1337), Consent_Decrees.html. A copy of the comments should address one or more the Administrative Procedure Act, and Consent Decree also may be obtained by of the following four points: Part 210 of the Commission’s Rules of mail from the Consent Decree Library, —Evaluate whether the proposed Practice and Procedure (19 CFR Part P.O. Box 7611, U.S. Department of collection of information is necessary 210). Justice, Washington, DC 20044–7611, or for the proper performance of the By order of the Commission. by faxing or e-mailing a request to Tonia functions of the agency, including

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whether the information will have Building, Suite 1600, 601 D Street, NW., whether the information will have practical utility; Washington, DC 20530. practical utility; —Evaluate the accuracy of the agencies Dated: June 3, 2008. —Evaluate the accuracy of the agencies estimate of the burden of the Lynn Bryant, estimate of the burden of the proposed collection of information, proposed collection of information, including the validity of the Department Clearance Officer, PRA, United States Department of Justice. including the validity of the methodology and assumptions used; methodology and assumptions used; —Enhance the quality, utility, and [FR Doc. E8–12715 Filed 6–5–08; 8:45 am] BILLING CODE 4410–FY–P —Enhance the quality, utility, and clarity of the information to be clarity of the information to be collected; and collected; and —Minimize the burden of the collection of information on those who are to DEPARTMENT OF JUSTICE —Minimize the burden of the collection respond, including through the use of of information on those who are to Bureau of Alcohol, Tobacco, Firearms, respond, including through the use of appropriate automated, electronic, and Explosives mechanical, or other technological appropriate automated, electronic, mechanical, or other technological collection techniques or other forms [OMB Number 1140–0016] of information technology, e.g., collection techniques or other forms permitting electronic submission of Agency Information Collection of information technology, e.g., responses. Activities: Proposed Collection; permitting electronic submission of Comments Requested responses. Overview of This Information Collection Overview of This Information ACTION: 30-Day Notice of Information Collection (1) Type of Information Collection: Collection Under Review: Application Revision of a currently approved for Registration of Firearms Acquired by (1) Type of Information Collection: collection. Certain Governmental Entities. Extension of a currently approved (2) Title of the Form/Collection: collection. Application for Explosives License or The Department of Justice (DOJ), (2) Title of the Form/Collection: Permit. Bureau of Alcohol, Tobacco, Firearms, Application for Registration of Firearms (3) Agency form number, if any, and and Explosives (ATF) will be submitting Acquired by Certain Governmental the applicable component of the the following information collection Entities. Department of Justice sponsoring the request to the Office of Management and (3) Agency form number, if any, and collection: Form Number: ATF F Budget (OMB) for review and approval the applicable component of the 5400.13/5400.16. Bureau of Alcohol, in accordance with the Paperwork Department of Justice sponsoring the Tobacco, Firearms and Explosives. Reduction Act of 1995. The proposed collection: Form Number: ATF F 10 (4) Affected public who will be asked information collection is published to (5320.10). Bureau of Alcohol, Tobacco, or required to respond, as well as a brief obtain comments from the public and Firearms and Explosives. affected agencies. This proposed abstract: Primary: Business or other for- (4) Affected public who will be asked information collection was previously profit. Other: Individual or households. or required to respond, as well as a brief published in the Federal Register The form has been revised to include abstract: Volume 73, Number 66, page 18563 on the new classes (types) of explosives for Primary: State, local or tribal manufacturers, dealers, importers and April 4, 2008, allowing for a 60-day comment period. Government. Other: None. Abstract: The users of explosives. The current type form is required to be submitted by codes are obsolete. ATF will now The purpose of this notice is to allow for an additional 30 days for public State and local government entities categorize explosives licenses and wishing to register an abandoned or permits by only six major classes. The comment until July 7, 2008. This process is conducted in accordance with seized and previously unregistered classes are: Manufacturer, Dealer, National Firearms Act weapon. The Importer, User, User-Limited and Type 5 CFR 1320.10. Written comments and/or suggestions form is required whenever application 60. The form will still capture the types for such a registration is made. of explosives materials being regarding the items contained in this manufactured, imported, acquired and notice, especially the estimated public (5) An estimate of the total number of used by explosives licensees and burden and associated response time, respondents and the amount of time permittees, however, they will no longer should be directed to The Office of estimated for an average respondent to be classified by type code. Management and Budget, Office of respond: There will be an estimated (5) An estimate of the total number of Information and Regulatory Affairs, 1,500 respondents, who will complete respondents and the amount of time Attention Department of Justice Desk the form within approximately 30 estimated for an average respondent to Officer, Washington, DC 20503. minutes. respond: It is estimated that 10,000 Additionally, comments may be (6) An estimate of the total burden (in respondents will complete a 1 hour and submitted to OMB via facsimile to hours) associated with the collection: 30 minute form. (202)–395–5806. There are an estimated 3000 total (6) An estimate of the total public Written comments and suggestions burden hours associated with this burden (in hours) associated with the from the public and affected agencies collection. collection: There are an estimated concerning the proposed collection of If additional information is required 15,000 annual total burden hours information are encouraged. Your contact: Lynn Bryant, Department associated with this collection. comments should address one or more Clearance Officer, United States If additional information is required of the following four points: Department of Justice, Policy and contact: Lynn Bryant, Department —Evaluate whether the proposed Planning Staff, Justice Management Clearance Officer, Policy and Planning collection of information is necessary Division, Suite 1600, Patrick Henry Staff, Justice Management Division, for the proper performance of the Building, 601 D Street, NW., Department of Justice, Patrick Henry functions of the agency, including Washington, DC 20530.

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Dated: June 3, 3008. —Evaluate the accuracy of the agencies’ DEPARTMENT OF JUSTICE Lynn Bryant, estimate of the burden of the Department Clearance Officer, PRA, United proposed collection of information, Drug Enforcement Administration States Department of Justice. including the validity of the [FR Doc. E8–12718 Filed 6–5–08; 8:45 am] methodology and assumptions used; [OMB Number 1117–0023] BILLING CODE 4410–FY–P —Enhance the quality, utility, and clarity of the information to be Agency Information Collection collected; and Activities: Proposed Collection; DEPARTMENT OF JUSTICE —Minimize the burden of the collection Comments Requested of information on those who are to Bureau of Alcohol, Tobacco, Firearms, respond, including through the use of ACTION: 60-Day Notice of Information and Explosives appropriate automated, electronic, Collection Under Review; Import/Export mechanical, or other technological Declaration for List I and List II [OMB Number 1140–0021] collection techniques or other forms Chemicals—DEA Form 486. of information technology, e.g., Agency Information Collection The Department of Justice (DOJ), Drug permitting electronic submission of Activities: Proposed Collection; Enforcement Administration (DEA), will responses. Comments Requested be submitting the following information Overview of This Information collection request to the Office of ACTION: 30-Day Notice of Information Collection Management and Budget (OMB) for Collection Under Review: Firearms review and approval in accordance with (1) Type of Information Collection: Transaction Record Part II—Intrastate the Paperwork Reduction Act of 1995. Extension of a currently approved Non-Over-The-Counter. The proposed information collection is collection. published to obtain comments from the The Department of Justice (DOJ), (2) Title of the Form/Collection: public and affected agencies. Comments Bureau of Alcohol, Tobacco, Firearms, Firearms Transaction Record Part II— are encouraged and will be accepted and Explosives (ATF) has submitted the Intrastate Non-Over-The-Counter. until August 5, 2008. This process is following information collection request (3) Agency form number, if any, and conducted in accordance with 5 CFR to the Office of Management and Budget the applicable component of the 1320.10. (OMB) for review and approval in Department of Justice sponsoring the If you have comments, especially on accordance with the Paperwork collection: Form Number: ATF F 4473 the estimated public burden or Reduction Act of 1995. The proposed Part II (5300.9). Bureau of Alcohol, associated response time, suggestions, information collection is published to Tobacco, Firearms and Explosives. or need a copy of the proposed obtain comments from the public and (4) Affected public who will be asked information collection instrument with affected agencies. This proposed or required to respond, as well as a brief instructions or additional information, information collection was previously abstract: Primary: Individuals or please contact Mark W. Caverly, Chief, published in the Federal Register households. Other: Business or other Liaison and Policy Section, Office of Volume 73, Number 66, page 18563 for-profit. Abstract: The form is used to Diversion Control, Drug Enforcement April 4, 2008, allowing for a 60-day determine the eligibility of a person to Administration, Washington, DC 20537. comment period. receive a firearm from a Federal firearms Written comments and suggestions The purpose of this notice is to allow licensee and to establish the identity of from the public and affected agencies for an additional 30 days for public the buyer. The form is also used in law concerning the proposed collection of comment until July 7, 2008. This enforcement investigations to trace information are encouraged. Your process is conducted in accordance with firearms or to confirm criminal activity. 5 CFR 1320.10. comments should address one or more (5) An estimate of the total number of of the following four points: Written comments and/or suggestions respondents and the amount of time —Evaluate whether the proposed regarding the items contained in this estimated for an average respondent to collection of information is necessary notice, especially the estimated public respond: There will be an estimated 500 for the proper performance of the burden and associated response time, respondents, who will complete the functions of the agency, including should be directed to The Office of form within approximately 20 minutes. Management and Budget, Office of whether the information will have (6) An estimate of the total burden (in practical utility; Information and Regulatory Affairs, hours) associated with the collection: —Evaluate the accuracy of the agency’s Attention: Department of Justice Desk There are an estimated 165 total burden estimate of the burden of the Officer, Washington, DC 20503. hours associated with this collection. proposed collection of information, Additionally, comments may be If additional information is required submitted to OMB via facsimile to (202) including the validity of the contact: Lynn Bryant, Department methodology and assumptions used; 395–5806. Clearance Officer, United States —Enhance the quality, utility, and Written comments and suggestions Department of Justice, Policy and clarity of the information to be from the public and affected agencies Planning Staff, Justice Management collected; and concerning the proposed collection of Division, Suite 1600, Patrick Henry information are encouraged. Your Building, 601 D Street NW., —Minimize the burden of the collection comments should address one or more Washington, DC 20530. of information on those who are to of the following four points: respond, including through the use of —Evaluate whether the proposed Dated: June 3, 2008. appropriate automated, electronic, collection of information is necessary Lynn Bryant, mechanical, or other technological for the proper performance of the Department Clearance Officer, PRA, United collection techniques or other forms functions of the agency, including States Department of Justice. of information technology, e.g., whether the information will have [FR Doc. E8–12719 Filed 6–5–08; 8:45 am] permitting electronic submission of practical utility; BILLING CODE 4410–FY–P responses.

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Overview of This Information Administration, U.S. Department of importations, persons must also provide Collection Justice. return declarations, confirming the date (4) Affected public who will be asked of the importation and transfer, and the (1) Type of Information Collection: or required to respond, as well as a brief amounts of the chemical transferred. Extension of a Currently Approved abstract: This information is used to prevent Collection. Primary: Business or other for-profit. shipments not intended for legitimate (2) Title of the Form/Collection: Other: None. purposes. Import/Export Declaration for List I and Abstract: Persons importing, List II Chemicals. exporting, and conducting international (5) An estimate of the total number of transactions with List I and List II respondents and the amount of time (3) Agency form number, if any, and chemicals must notify DEA of those estimated for an average respondent to the applicable component of the transactions in advance of their respond: A respondent may submit Department sponsoring the collection: occurrence, including information multiple responses. The below table Form number: DEA Form 486. regarding the person(s) to whom the presents information regarding the Component: Office of Diversion chemical will be transferred and the number of respondents, responses, and Control, Drug Enforcement quantity to be transferred. For associated burden hours.

Number of Number of respondents responses Average time per response Total

Form 486 (export) ...... 239 7,995 0.2 hour (12 minutes) ...... 1,599 hours. Form 486 (Export Return Dec- 239 7,995 0.08 hour (5 minutes) ...... 666.25 hours. laration). Form 486 (import) ...... 230 2,398 0.25 hour (15 minutes) ...... 599.5 hours. Form 486 (import return declara- 230 2,638 0.08 hour (5 minutes) ...... 219.8 hours. tion)*. Form 486 (international trans- 9 111 0.2 hour (12 minutes) ...... 22.2 hours. action). Form 486 (international trans- 9 111 0.08 hour (5 minutes) ...... 9.25 hours. action return declaration). Quarterly reports for imports of 110 440 0.5 hour (30 minutes) ...... 220 hours. acetone, 2-butanone, and tol- uene.

Total ...... 239 ...... 3,336 * DEA assumes 10% of all imports will not be transferred in the first thirty days and will necessitate submission of a subsequent return declaration.

(6) An estimate of the total public Change of Address Form: 33/BIA Board Attention Department of Justice Desk burden (in hours) associated with the of Immigration Appeals, 33/IC Officer, Washington, DC 20530. collection: 3,336 annual burden hours. Immigration Court. Additionally, comments may also be If additional information is required submitted to OMB via facsimile to (202) contact: Lynn Bryant, Department The Department of Justice (DOJ), 395–5806. Written comments and Clearance Officer, United States Executive Office for Immigration suggestions from the public and affected Department of Justice, Justice Review (EOIR) will be submitting the agencies concerning the proposed Management Division, Policy and following information collection request collection of information are Planning Staff, Patrick Henry Building, to the Office of Management and Budget encouraged. Your comments should Suite 1600, 601 D Street, NW., (OMB) for review and approval in address one or more of the following Washington, DC 20530. accordance with the Paperwork four points: Reduction Act of 1995. The proposed Dated: June 3, 2008. information collection is published to —Evaluate whether the collection of Lynn Bryant, obtain comments from the public and information is necessary for the Department Clearance Officer, PRA, U.S. affected agencies. This proposed proper performance of the functions Department of Justice. information collection was previously of the agency, including whether the [FR Doc. E8–12703 Filed 6–5–08; 8:45 am] published in the Federal Register information will have practical utility; BILLING CODE 4410–09–P Volume 73, Number 66, page 18571 on —Evaluate the accuracy of the agency’s April 4, 2008, allowing for a 60 day estimate of the burden of the comment period. proposed collection of information, DEPARTMENT OF JUSTICE The purpose of this notice is to allow including the validity of the for an additional 30 days for public methodology and assumptions used; Executive Office for Immigration comment until July 7, 2008. This —Enhance the quality, utility, and Review process is conducted in accordance with clarity of the information to be collected; and [OMB Number 1125–0004] 5 CFR 1320.10. Written comments and/or suggestions —Minimize the burden of the collection Agency Information Collection regarding the items contained in this of information on those who are to Activities: Proposed Collection; notice, especially the estimated public respond, including through the use of Comments Request burden and associated response time, appropriate automated, electronic, should be directed to the Office of mechanical, or other technological ACTION: 30-Day Notice of Information Management and Budget, Office of collection techniques or other forms Collection Under Review: Alien’s Information and Regulatory Affairs, of information technology, e.g.,

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permitting electronic submission of DEPARTMENT OF JUSTICE appropriate automated, electronic, responses. mechanical, or other technological Executive Office for Immigration collection techniques or other forms Overview of This Information Review of information technology, e.g., Collection [OMB Number 1125–0003] permitting electronic submission of (1) Type of Information Collection: responses. Revision of a Currently Approved Agency Information Collection Overview of This Information Collection. Activities: Proposed Collection; Collection Comments Request (2) Title of the Form/Collection: (1) Type of Information Collection: Alien’s Change of Address Form 33/BIA ACTION: 30-Day Notice of Information Extension of a Currently Approved Board of Immigration Appeals, 33/IC Collection Under Review: Fee Waiver Collection. Immigration Court. Request. (2) Title of the Form/Collection: Fee Waiver Request. (3) Agency form number, if any, and The Department of Justice (DOJ), (3) Agency form number, if any, and the applicable component of the Executive Office for Immigration the applicable component of the Department of Justice sponsoring the Review (EOIR) will be submitting the Department of Justice sponsoring the collection: Form Number: Form EOIR following information collection request collection: Form Number: Form EOIR 33/BIA, 33/IC. Executive Office for to the Office of Management and Budget 26A. Executive Office for Immigration Immigration Review, United States (OMB) for review and approval in Review, United States Department of Department of Justice. accordance with the Paperwork Justice. (4) Affected public who will be asked Reduction Act of 1995. The proposed (4) Affected public who will be asked or required to respond, as well as a brief information collection is published to or required to respond, as well as a brief abstract: Primary: An individual obtain comments from the public and abstract: Primary: An individual appearing before the Immigration Court affected agencies. This proposed submitting an appeal or motion to the or the Board of Immigration Appeals. information collection was previously Board of Immigration Appeals. Other: Other: None. Abstract: The information published in the Federal Register None. Abstract: The information on the Volume 73, Number 66 page 18570, on fee waiver request form is used by the on the change of address form is used April 4, 2008, allowing for a 60-day Board of Immigration Appeals to by the Immigration Courts and the comment period. determine whether the requisite fee for Board of Immigration Appeals to The purpose of this notice is to allow a motion or appeal will be waived due determine where to send notices of the for an additional 30 days for public to an individual’s financial situation. next administrative action or of any comment until July 7, 2008. This (5) An estimate of the total number of decisions in an alien’s case. process is conducted in accordance with respondents and the amount of time (5) An estimate of the total number of 5 CFR 1320.10. estimated for an average respondent to respondents and the amount of time Written comments and/or suggestions respond/reply: It is estimated that 1,500 estimated for an average respondent to regarding the items contained in this respondents will complete the form respond/reply: It is estimated that notice, especially the estimated public annually with an average of one hour 15,000 respondents will complete the burden and associated response time, per response. form annually with an average of 3 should be directed to the Office of (6) An estimate of the total public minutes per response. Management and Budget, Office of burden (in hours) associated with the Information and Regulatory Affairs, collection: There are an estimated 1,500 (6) An estimate of the total public Attention Department of Justice Desk total burden hours associated with this burden (in hours) associated with the Officer, Washington, DC 20530. collection annually. collection: There are an estimated 750 Additionally, comments may also be If additional information is required, total burden hours associated with this submitted to OMB via facsimile to (202) contact: Lynn Bryant, Department collection annually. 395–5806. Written comments and Clearance Officer, United States If additional information is required, suggestions from the public and affected Department of Justice, Justice contact: Lynn Bryant, Department agencies concerning the proposed Management Division, Policy and Clearance Officer, United States collection of information are Planning Staff, Patrick Henry Building, Department of Justice, Justice encouraged. Your comments should Suite 1600, 601 D Street, NW., Management Division, Policy and address one or more of the following Washington, DC 20530. Planning Staff, Patrick Henry Building, four points: Dated: June 3, 2008. —Evaluate whether the collection of Suite 1600, 601 D Street, NW., Lynn Bryant, information is necessary for the Washington, DC 20530. Department Clearance Officer, PRA, United proper performance of the functions States Department of Justice. Dated: June 3, 2008. of the agency, including whether the [FR Doc. E8–12706 Filed 6–5–08; 8:45 am] Lynn Bryant, information will have practical utility; BILLING CODE 4410–30–P Department Clearance Officer, PRA, United —Evaluate the accuracy of the agency’s States Department of Justice. estimate of the burden of the [FR Doc. E8–12704 Filed 6–5–08; 8:45 am] proposed collection of information, including the validity of the NATIONAL FOUNDATION FOR THE BILLING CODE 4410–30–P methodology and assumptions used; ARTS AND THE HUMANITIES —Enhance the quality, utility, and National Endowment for the Arts; clarity of the information to be National Council on the Arts 164th collected; and Meeting —Minimize the burden of the collection of information on those who are to Pursuant to section 10(a)(2) of the respond, including through the use of Federal Advisory Committee Act (Pub.

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L. 92–463), as amended, notice is hereby NUCLEAR REGULATORY Dated at Rockville, Maryland, this 30th day given that a meeting of the National COMMISSION of May 2008. For the Nuclear Regulatory Commission. Council on the Arts will be held on June [Docket No. 50–331] 26–27, 2008 in Rooms 527 and M–09 at Karl Feintuch, the Nancy Hanks Center, 1100 FPL Energy Duane Arnold, LLC; Notice Project Manager, Plant Licensing Branch III– Pennsylvania Avenue, NW., of Withdrawal of Application for 1, Division of Operating Reactor Licensing, Washington, DC 20506. Amendment to Facility Operating Office of Nuclear Reactor Regulation. [FR Doc. E8–12699 Filed 6–5–08; 8:45 am] A portion of this meeting, from License No. DPR–49 BILLING CODE 7590–01–P 2 p.m.–5 p.m. on June 26th, will be The U.S. Nuclear Regulatory closed for National Medal of Arts review Commission (NRC, the Commission) has and recommendations. The remainder granted the request of FPL Energy NUCLEAR REGULATORY of the meeting, from 9 a.m. to 11:45 a.m. Duane Arnold, LLC (the licensee) to COMMISSION on June 27th (ending time is withdraw its November 14, 2007, approximate), will be open to the public application for proposed amendment Final Regulatory Guide: Issuance, on a space available basis. After opening (Agencywide Documents Access and Availability Management System (ADAMS) remarks and announcements, including AGENCY: U.S. Nuclear Regulatory Accession No. ML073320232) to Facility a tribute to Robert Rauschenberg, there Commission. will be an update from the Government Operating License No. DPR–49 for the Duane Arnold Energy Center, located in ACTION: Issuance, Availability of Affairs office. The meeting will include Regulatory Guide 1.210. a presentation on The Big Read. After Linn County. The proposed amendment would the presentation the Council will review FOR FURTHER INFORMATION CONTACT: have revised Technical Specification and vote on applications and guidelines, (TS) 5.5.12, ‘‘Primary Containment Satish Aggarwal, U.S. Nuclear and the meeting will conclude with a Leakage Rate Testing Program,’’ to allow Regulatory Commission, Washington, general discussion. use of the requirements of American DC 20555–0001, telephone (301) 415– If, in the course of the open session Society of Mechanical Engineers 6005 or e-mail to [email protected]. discussion, it becomes necessary for the (ASME) Boiler and Pressure Vessel Code SUPPLEMENTARY INFORMATION: The U.S. Council to discuss non-public (the Code), Section XI, Subsection IWE Nuclear Regulatory Commission (NRC) commercial or financial information of for visual examination of the steel is issuing the new Regulatory Guide intrinsic value, the Council will go into containment. This license amendment 1.210, ‘‘Qualification of Safety-Related closed session pursuant to subsection request was consistent with NRC- Battery Chargers and Inverters for Nuclear Power Plants.’’ The NRC’s (c)(4) of the Government in the approved Technical Specification Task regulatory guides describe and make Sunshine Act, 5 U.S.C. 552b. Force (TSTF) Traveler number TSTF– 343, Revision 1, ‘‘Containment available to the public information such Additionally, discussion concerning as methods that are acceptable to the purely personal information about Structural Integrity.’’ The Commission had previously NRC staff for implementing specific individuals, submitted with grant issued a Notice of Consideration of parts of the agency’s regulations, applications, such as personal Issuance of Amendment published in techniques that the staff uses in biographical and salary data or medical the Federal Register on January 28, evaluating specific problems or information, may be conducted by the 2008 (73 FR 5220). However, by letter postulated accidents, and data that the Council in closed session in accordance dated April 23, 2008, ADAMS staff needs in its review of applications with subsection (c)(6) of 5 U.S.C. 552b. Accession No. ML081270233, the for permits and licenses. Any interested persons may attend, as licensee withdrew the proposed change. The regulations in Title 10, Part 50, observers, Council discussions and For further details with respect to this ‘‘Domestic Licensing of Production and reviews that are open to the public. If action, see the application for Utilization Facilities,’’ of the Code of you need special accommodations due amendment dated November 14, 2007, Federal Regulations (10 CFR Part 50) to a disability, please contact the Office and the licensee’s letter dated April 23, require that structures, systems, and of AccessAbility, National Endowment 2008, which withdrew the application components that are important to safety for license amendment. Documents may in a nuclear power plant must be for the Arts, 1100 Pennsylvania Avenue, be examined, and/or copied for a fee, at designed to accommodate the effects of NW., Washington, DC 20506, 202/682– the NRC’s Public Document Room environmental conditions (i.e., remain 5532, TTY–TDD 202/682–5429, at least (PDR), located at One White Flint North, functional under postulated design- seven (7) days prior to the meeting. Public File Area O1 F21, 11555 basis events (DBEs)). Toward that end, Further information with reference to Rockville Pike (first floor), Rockville, the general requirements appear in this meeting can be obtained from the Maryland. Publicly available records General Design Criterion (GDC) 1, Office of Communications, National will be accessible electronically from ‘‘Quality Standards and Records,’’ GDC Endowment for the Arts, Washington, the Agencywide Documents Access and 2, ‘‘Design Bases for Protection Against DC 20506, at 202/682–5570. Management Systems (ADAMS) Public Natural Phenomena,’’ GDC 4, Electronic Reading Room on the internet ‘‘Environmental and Dynamic Effects Dated: June 2, 2008. at the NRC Web site, http:// Design Bases,’’ and GDC 23, ‘‘Protection Kathy Plowitz-Worden, www.nrc.gov/reading-rm.html. Persons System Failure Modes,’’ of Appendix A, Panel Coordinator, Office of Guidelines and who do not have access to ADAMS or ‘‘General Design Criteria for Nuclear Panel Operations. who encounter problems in accessing Power Plants,’’ to 10 CFR Part 50. [FR Doc. E8–12666 Filed 6–5–08; 8:45 am] the documents located in ADAMS Augmenting those general requirements, BILLING CODE 7537–01–P should contact the NRC PDR Reference 10 CFR 50.49, ‘‘Environmental staff by telephone at 1–800–397–4209, Qualification of Electric Equipment or 301–415–4737 or by e-mail to Important to Safety for Nuclear Power [email protected]. Plants,’’ contains the specific

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requirements pertaining to qualification release for unrestricted use of the off- For the Nuclear Regulatory Commission. of certain electrical equipment shore portion of the circulating water Keith McConnell, important to safety. In addition, system from SONGS Unit 1, and to Deputy Director, Decommissioning and Criterion III, ‘‘Design Control,’’ of accept public comments on the Uranium Recovery Licensing Directorate, Appendix B, ‘‘Quality Assurance proposed action. The proposed release Division of Waste Management and Criteria for Nuclear Power Plants,’’ to 10 is requested in accordance with NRC Environmental Protection, Office of Federal and State Materials and Environmental CFR Part 50 requires that where a test regulations at 10 CFR 50.83, Release of program is used to verify the adequacy Management Programs. Part of a Power Reactor Facility or Site [FR Doc. E8–12821 Filed 6–5–08; 8:45 am] of a specific design feature, it should for Unrestricted Use. The public BILLING CODE 7590–01–P include suitable qualification testing of meeting will be held on June 11, 2008, a prototype unit under the most severe at the Dana Point Marina Inn, 24800 DBE. Dana Point Harbor Drive, Dana Point, This regulatory guide describes a NUCLEAR REGULATORY CA 92629. The meeting will convene at method that the NRC staff considers COMMISSION 6 p.m. and will continue until 8 p.m., acceptable for complying with the [Docket Nos.: 50–295 and 50–304] regulations for qualification of safety- as necessary. The meeting will include: related battery chargers and inverters for (1) An overview of the NRC review and Exelon Generation Company, LLC; nuclear power plants. inspection processes; (2) a presentation Zion Nuclear Power Station, Units 1 In July 2007, the NRC published a of the proposed action; and (3) the and 2; Notice of Public Meeting on the draft of this guide as DG–1148. The opportunity for interested government Proposed License Transfer and Draft public comment period closed on agencies, organizations, and individuals Post Shutdown Decommissioning October 2, 2007. The staff’s responses to to provide comments on the SONGS Activities Report the public comments are located in the plan. To be considered, comments must AGENCY: U.S. Nuclear Regulatory NRC’s Agencywide Documents Access be provided either at the transcribed Commission (NRC). and Management System (ADAMS) public meeting or in writing. Persons ACTION: Notice of meeting. under Accession No. ML080640181. may pre-register to attend or present Electronic copies of Regulatory Guide oral comments at the meeting by FOR FURTHER INFORMATION, CONTACT: Mr. 1.210 are available through the NRC’s contacting Mr. James Shepherd, the John B. Hickman, Mail Stop T–8F5, public Web site under ‘‘Regulatory NRC Project Manager at 1–800–368– Decommissioning and Uranium Guides’’ at http://www.nrc.gov/reading- 5642, extension 6712, or by e-mail at Recovery Licensing Directorate, rm/doc-collections/. [email protected] no later than Division of Waste Management and In addition, regulatory guides are June 9, 2008. Members of the public available for inspection at the NRC’s Environmental Protection, Office of may also register to provide oral Public Document Room (PDR), which is Federal and State Materials and comments within 15 minutes of the start located at 11555 Rockville Pike, Environmental Management Programs, Rockville, MD. The PDR mailing of the meeting. Individual, oral U.S. Nuclear Regulatory Commission, address is USNRC PDR, Washington, DC comments may be limited by the time Washington, DC 20555–0001, telephone: 20555–0001. The PDR can also be available, depending on the number of (301) 415–3017 or via e-mail: reached by telephone at (301) 415–4737 persons who register. If special [email protected]. SUMMARY: The NRC is providing notice or (800) 397–4209, by fax at (301) 415– equipment or accommodations are that the NRC staff will conduct a 3548, and by e-mail to [email protected]. needed to attend or present information Regulatory guides are not at the public meeting, the need should meeting to discuss and accept public copyrighted, and NRC approval is not be brought to Mr. Shepherd’s attention comments on the Zion Nuclear Power required to reproduce them. no later than June 9, 2008, to provide Station, Units 1 and 2 (Zion) proposed license transfer and Zion Solutions (ZS) Dated at Rockville, Maryland, this 2nd day the NRC staff adequate notice to determine whether the request can be draft Post Shutdown Decommissioning of June, 2008. Activities Report (PSDAR) on accommodated. For the Nuclear Regulatory Commission. Wednesday, June 18, 2008, at 7 p.m. in Stephen C. O’Connor, FOR FURTHER INFORMATION CONTACT: Mr. a meeting room at the Illinois Beach Acting Chief, Regulatory Guide Development James Shepherd, Reactor Resort and Conference Center, 1 Lake Branch, Division of Engineering, Office of Decommissioning Branch, Division of Front Drive, Zion, Illinois (http:// Nuclear Regulatory Research. Waste Management and Environmental www.ilresorts.com/). [FR Doc. E8–12695 Filed 6–5–08; 8:45 am] Protection, Office of Federal and State Zion began commercial operation in BILLING CODE 7590–01–P December 1973 for Unit 1, and Materials and Environmental September 1974 for Unit 2. Unit 1 Management Programs, U.S. Nuclear permanently shut down on February 21, NUCLEAR REGULATORY Regulatory Commission, Mail Stop T8 1997, and Unit 2 permanently shut COMMISSION F05, Washington, DC 20555–0001. Mr. down on September 19, 1996. All fuel Shepherd may be contacted at the was removed from the reactor and Notice of Public Meeting for the Partial aforementioned telephone number or e- placed in the spent fuel pool on April Site Release of the Off-Shore Piping mail address. 27, 1997, for Unit 1 and February 25, for San Onofre Generation Station, Dated at Rockville, Maryland, this 29th day 1998, for Unit 2. In accordance with 10 Unit 1 of May, 2008. CFR 50.82(a)(1)(i), the licensee certified AGENCY: U.S. Nuclear Regulatory in a letter dated February 13, 1998, that Commission. operations have ceased at Zion. In ACTION: Notice of meeting. accordance with 10 CFR 50.82(a)(1)(ii), the licensee certified in a letter dated SUMMARY: The NRC staff will hold a March 9, 1998, that all fuel had been public meeting to discuss the proposed removed from the Zion reactor vessels

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and committed to maintain them 397–4209, or (301) 415–4737, or by agreements are highly confidential permanently defueled. The NRC e-mail at [email protected]. among postal administrations and that acknowledged the certification of Dated at Rockville, Maryland, this 2nd day their public disclosure would permanent cessation of power operation of June 2008. compromise the Postal Service’s ability and permanent removal of fuel from the For the U.S. Nuclear Regulatory to negotiate agreements with other reactor vessels in a letter dated May 4, Commission. posts. Id. at 1. 1998. Pursuant to 10 CFR 50.82(a)(2), Andrew Persinko, Concurrently, the Postal Service filed the 10 CFR 50 facility operating licenses Branch Chief, Reactor Decommissioning notice, pursuant to 39 CFR 3015.5, of a for Zion no longer authorize operation Branch, Decommissioning and Uranium specific negotiated service agreement of the reactors or emplacement or Recovery Licensing Directorate, Division of covering Inbound EMS prices.2 This retention of fuel in the reactor vessels. Waste Management and Environmental filing, docketed as Docket No. CP2008– Also, pursuant to 10 CFR 50.51(b), Protection, Office of Federal and State 7, includes the contract and supporting ‘‘Continuation of license,’’ the facility Materials and Environmental Management materials filed under seal. In support, licenses remain in effect until the NRC Programs. the Postal Service asserts that its ability notifies the licensee that the licenses [FR Doc. E8–12696 Filed 6–5–08; 8:45 am] to negotiate bilateral or multilateral have been terminated. BILLING CODE 7590–01–P EMS agreements would be On January 25, 2008, Exelon, the Zion compromised if the underlying prices licensee, submitted a request for a are publicly disclosed. It also states that license transfer. The proposal is to POSTAL REGULATORY COMMISSION public disclosure would compromise transfer the licensed ownership, [Docket No. CP2008–7; Order No. 79] foreign posts’ ability to negotiate with management authorities, and other posts. Id. decommissioning trust fund of the The Postal Service filings in these facility to ZS a subsidiary of Energy Express Mail International Bilateral/ dockets are related. Docket No. CP2008– Solutions. ZS was formed for the Multilateral Agreements 6 establishes, in essence, a shell purpose of decommissioning the Zion AGENCY: Postal Regulatory Commission. classification, while Docket No. site. The title to the site real estate and ACTION: Notice. CP2008–7 is a specific agreement the spent nuclear fuel will remain with negotiated pursuant to the conditions of Exelon. ZS will construct and transfer SUMMARY: A new law gives the Postal the shell classification.3 Given this the spent fuel to an ISFSI as part of the Service considerable pricing flexibility interrelationship, the Commission will decommissioning. Following the for competitive products. Pursuant to consolidate these proceedings for decommissioning, currently scheduled this authority, the Postal Service has purposes of review.4 for 10 years, the license for the spent filed two notices with the Commission fuel will be transferred back to Exelon. concerning prices for inbound In Order No. 43, the Commission On March 18, 2008, ZS submitted an international Express Mail, which is in issued regulations establishing a amended PSDAR for Zion. The PSDAR the competitive category. The modern system of rate regulation, represents the ZS plan of activities to Commission has established a including identifying a list of become effective if the application for consolidated docket for consideration of competitive products. PRC Order No. license transfer is approved. The PSDAR these pricing decisions. This will allow 43, October 29, 2007, paras. 3061, 4013. describes the planned decommissioning interested persons an opportunity to Among other things, the Commission activities, provides a schedule for the comment. determined that each negotiated service planned decommissioning activities, agreement would initially be classified DATES: includes a cost estimate for the Comments due June 16, 2008. as a separate product. The Commission decommissioning, and assesses the ADDRESSES: Submit documents also acknowledged, however, the environmental impacts. electronically via the Commission’s possibility of grouping functionally Filing Online system at http:// equivalent agreements as a single Further Information www.prc.gov. product if they exhibit similar cost and The application for license transfer FOR FURTHER INFORMATION CONTACT: market characteristics. Id. paras. 2177 and the draft PSDAR are available for Stephen L. Sharfman, General Counsel, and 3001. Thus, the EMS agreement public viewing at the NRC’s Public 202–789–6820 and filed in Docket No. CP2008–7, Document Room (PDR) or electronically [email protected]. representing the first bilateral/ through the NRC Agencywide multilateral agreement presented to the SUPPLEMENTARY INFORMATION: Documents Access and Management On May Commission, will be classified as a new System (ADAMS) at accession numbers 20, 2008, the Postal Service filed notice, product. ML080310521 for the transfer request pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5, of the Governors’ decision and ML080840398 for the PSDAR. 2 Notice of United States Postal Service of Filing Documents may be examined, and/or establishing prices for competitive an Agreement for Inbound Express Mail copied for a fee, at the PDR, located at products not of general applicability for International (EMS) Prices, May 20, 2008 (Pricing One White Flint North, 11555 Rockville Inbound Express Mail International Notice). 1 3 The Postal Service notes that it previously Pike (first floor), Rockville, Maryland. (EMS). The Postal Service’s filing, docketed as Docket No. CP2008–6, suggested proposed language for inclusion in the Publicly available records will be draft Mail Classification Schedule (MCS) applicable accessible electronically from the includes supporting material, including to Inbound EMS. United States Postal Service ADAMS Public Library component on the Governors’ Decision, filed under Submission of Additional Mail Classification Schedule Information in Response to Order No. 43, the NRC Web site, http://www.nrc.gov seal. In support of this treatment, the Postal Service asserts that prices November 20, 2007 (November 20 Filing). Its filings (the Public Electronic Reading Room). entail no changes to the previously proposed Persons who do not have access to negotiated under bilateral/multilateral language. The draft MCS remains under review. The ADAMS or who encounter problems in Commission anticipates providing interested 1 Notice of United States Postal Service of persons an opportunity to comment on the draft accessing the documents located in Governors’ Decision on Inbound Prices Under MCS in the near future. ADAMS should contact the NRC PDR Express Mail International (EMS) Bilateral/ 4 All future filings in the consolidated docket Reference staff by telephone at 1–(800) Multilateral Agreements, May 20, 2008 (Notice). shall be made under Docket No. CP2008–7.

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As noted above, the Postal Service Schedule. For agreements with foreign persons are due no later than June 16, filed both dockets pursuant to rule posts involving competitive products, 2008. 3015.5. Recognizing that the Postal the Commission proposes, at a 4. The Commission appoints Paul L. Service’s filings in this consolidated minimum, identifying each Harrington as Public Representative to proceeding (along with the international mail agreement by the represent the interests of the general concomitantly filed notices in Docket name(s) of the foreign post(s), the mail public in this proceeding. Nos. CP2008–4 and CP2008–5) product(s) involved, and the 5. The Secretary shall arrange for represent the Postal Service’s first agreement’s expiration date. publication of this notice and order in filings involving competitive rates not of The Commission assumes that the the Federal Register. general applicability under section Postal Service has or will have By the Commission. 3632(b)(3) of title 39, the Commission agreements with many if not most Steven W. Williams, will proceed as if the Inbound EMS foreign posts. Thus, with the potential Secretary. agreement also had been filed pursuant for many agreements, some compelling [FR Doc. E8–12764 Filed 6–5–08; 8:45 am] to 39 CFR part 3020, subpart B and will justification for keeping the identity of BILLING CODE 7710–FW–P review the consolidated dockets the foreign posts confidential is pursuant to rule 3020.34.5 warranted. To elaborate briefly in this The Postal Service’s filing in Docket proceeding, the Postal Service contends POSTAL REGULATORY COMMISSION No. CP2008–6 is styled as applicable to that the identities of the foreign posts Inbound EMS. So, too, is the negotiated with which it executes bilateral/ [Docket No. CP2008–5; Order No. 78] agreement filed in Docket No. CP2008– multilateral agreements should not be 7. To that extent, both are consistent Global Expedited Package Services disclosed, arguing generally that foreign Negotiated Service Agreements with language it proposed for inclusion posts’ ability to negotiate with other in the draft MCS in its November 20 posts could be compromised by public AGENCY: Postal Regulatory Commission. Filing. In Order No. 43, the Commission disclosure. Pricing Notice at 1. Absent ACTION: Notice. listed inbound and outbound more, this rationale would not appear to international expedited services as justify concealing the identity of foreign SUMMARY: A new law gives the Postal separate products. The Commission has posts in proceedings before the Service considerable pricing flexibility made no determination, however, Commission. The Postal Service should for competitive products. Pursuant to whether the outbound portion of the amplify on the rationale for its position, this authority, the Postal Service has agreement in Docket No. CP2008–7 is including addressing the putative harm filed two notices with the Commission subject to its review. associated with public disclosure. concerning prices for Global Expedited Agreements with foreign posts present The Commission has observed that Package Services (GEPS) contracts, unique issues that have not yet been typical international mail agreements which is in the competitive category. fully briefed. In its November 20 Filing, are of approximately one year duration The Commission has established a the Postal Service contended that the (with possible provisions for renewal). consolidated docket for consideration of outbound portion of agreements with these pricing decisions. This will allow foreign posts ‘‘does not properly belong Absent justification, there would appear to be no compelling need to keep interested persons an opportunity to in the MCS’’ because the outbound comment. portion reflects a payment by the Postal expiration dates confidential. Thus, in Service for processing and delivery by its comments, the Postal Service should DATES: Comments due June 16, 2008. foreign posts and not what the Postal also address the issue of including the ADDRESSES: Submit documents Service charges for its services. expiration date of each agreement in the electronically via the Commission’s November 20 Filing at 10. MCS, as well as identifying the product. Filing Online system at http:// The Postal Service’s filings also raise Comments addressing these points are www.prc.gov. due no later than June 10, 2008. issues concerning the treatment of FOR FURTHER INFORMATION CONTACT: confidential information, a broad topic Interested persons may comment on Stephen L. Sharfman, General Counsel, that may require different solutions issues in this consolidated proceeding, 202–789–6820 and tailored to the specifics of each case. For including whether the Postal Service [email protected]. instance, agreements with foreign posts filings are consistent with the policies of SUPPLEMENTARY INFORMATION: may require different treatment than sections 3632, 3633, or 3642. Comments On May agreements with private entities are due no later than June 16, 2008. 20, 2008, the Postal Service filed two (corporations, businesses, etc.). Pursuant to 39 U.S.C. 505, Paul L. notices, which have been assigned to Agreements concerning competitive Harrington is appointed to serve as Docket Nos. CP2008–4 and CP2008–5, products may require different officer of the Commission (Public announcing prices and classification treatment than agreements concerning Representative) to represent the changes for competitive products not of market dominant products. A common interests of the general public in the general applicability. The notice in issue, however, is how individual above-captioned docket. Docket No. CP2008–4 informs the agreements (contracts) are to be It is ordered: Commission that ‘‘the Governors have identified in the Mail Classification 1. The proceedings in Docket Nos. established prices and classifications for CP2008–6 and CP2008–7 are competitive products not of general 5 Filings to change or add rates not of general consolidated. All future filings in the applicability for Global Expedited 1 applicability are properly made under rule 3015.5. consolidated docket are to be made Package Services (GEPS) contracts.’’ Postal Service filings to modify the product lists are under Docket No. CP2008–7. The Postal Service attached a revision of properly made under part 3020, subpart B. Filings the draft Mail Classification Schedule involving negotiated service agreements implicate 2. As set forth in the body of this both sets of rules until such time that a group of order, the Postal Service comments on (MCS) (section 2610.2) concerning GEPS negotiated service agreements are shown to be confidentiality are due no latter than 1 classified properly as one product. The Commission June 10, 2008. Notice of United States Postal Service of anticipates that with experience and the adoption Governors’ Decision Establishing Prices and of the MCS the review process will proceed 3. Comments on issues in this Classifications for Global Expedited Package relatively quickly. consolidated proceeding from interested Services Contracts, May 20, 2008 (Notice).

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contracts to the Notice.2 Docket No. 3015.5.5 Recognizing that the Postal Comments are due no later than June 16, CP2008–4 has been filed pursuant to 39 Service’s filings in this consolidated 2008. U.S.C. 3632(b)(3) and 39 CFR 3015.5 proceeding (along with the Pursuant to 39 U.S.C. 505, Paul L. and 3020.90. In support of this docket, concomitantly filed notices in Docket Harrington is appointed to serve as the Postal Service has also filed Nos. CP2008–6 and CP2008–7) officer of the Commission (Public materials under seal, including the represent the Postal Service’s first Representative) to represent the Governors’ decision. The Postal Service filings involving competitive rates not of interests of the general public in the claims that ‘‘[c]ontract prices are highly general applicability under section above-captioned docket. confidential in the business world 3632(b)(3) of title 39, the Commission It is ordered: * * * [and that its] ability * * * to will proceed as if the GEPS negotiated 1. The proceedings under Docket Nos. negotiate individual contracts would be service agreement also had been filed CP2008–4 and CP2008–5 are severely compromised if prices for these pursuant to 39 CFR part 3020, subpart consolidated. All future filings in the types of agreements were publicly B. As a consequence, the Commission consolidated docket are to be made disclosed.’’ Id. at 1–2. will review the consolidated dockets under Docket No. CP2008–5. The notice in Docket No. CP2008–5, pursuant to rule 3020.34.6 Because the 2. As set forth in the body of this announces an individual negotiated Commission in its own discretion order, the Postal Service is provided service agreement, namely, a specific consolidated Docket Nos. CP2008–4 and with an opportunity to supplement the GEPS contract the Postal Service has CP2008–5 and will review them under materials already filed with the entered into with an individual mailer.3 rule 3020.34, the Postal Service may, if Commission. Any supplemental Docket No. CP2008–5 has been filed it wishes to do so, supplement the materials that the Postal Service wishes pursuant to 39 CFR 3015.5. In support materials already filed with the to provide are due no later than June 10, of this docket, the Postal Service has Commission.7 2008. also filed materials, including the In addition, the Commission directs 3. Comments on issues in this contract and supporting materials, the Postal Service to identify and list consolidated proceeding are due no under seal. Here the Postal Service any contracts currently in existence later than June 16, 2008. asserts that ‘‘[t]he names of customers (and their respective expiration dates) 4. The Commission appoints Paul L. who enter into respective contracts and that would no longer qualify as GEPS Harrington as Public Representative to the related contract prices are highly contracts under the proposed revised represent the interests of the general confidential business information.’’ Id. Mail Classification Schedule language public in this proceeding. at 1. for section 2610.2 attached to the Notice 5. The Secretary shall arrange for The Postal Service’s filings in these in Docket No. CP2008–4. The revised publication of this notice and order in dockets are related. Docket No. CP2008– language modifies the GEPS eligibility the Federal Register. 4 establishes, in essence, a shell criteria by, among other things, By the Commission. classification, while Docket No. requiring the mailer on an annual basis Steven W. Williams, CP2008–5 is a specific agreement to mail at least 5,000 pieces (instead of Secretary. negotiated pursuant to the conditions of 600 pieces), or pay postage of at least the shell classification. Given this [FR Doc. E8–12767 Filed 6–5–08; 8:45 am] $100,000 (instead of $12,000). The BILLING CODE 7710–FW–P interrelationship, the Commission will Commission also directs the Postal consolidate these proceedings for Service to provide a detailed purposes of review.4 justification for why it believes that POSTAL REGULATORY COMMISSION In Order No. 43, the Commission GEPS contracts’ expiration dates issued regulations establishing a (without disclosing the identity of the [Docket No. MC2008–4; Order No. 80] modern system of rate regulation, customer) should not be made publicly Premium Forwarding Service including a list of competitive products. available. Answers to the Commission’s PRC Order No. 43, October 29, 2007, questions and any supplemental AGENCY: Postal Regulatory Commission. paras. 3061, 4013. Among other things, materials that the Postal Service plans to ACTION: Notice. the Commission determined that each provide are due no later than June 10, negotiated service agreement would 2008. SUMMARY: This document announces a initially be classified as a separate formal docket to consider transferring product. The Commission also Interested persons may express views and offer comments on whether the the classification of Premium acknowledged, however, the possibility Forwarding Service from the market of grouping functionally equivalent planned changes are consistent with the policies of 39 U.S.C. 3632, 3633 or 3642. dominant products list to the agreements as a single product if they competitive products list. It solicits exhibit similar cost and market comments to assist in this task. characteristics. Id. paras. 2177 and 3001. 5 Docket No. CP2008–4 was also filed pursuant to 39 CFR 3020.90. DATES: Comments due June 16, 2008. Thus, the specific GEPS agreement filed 6 Filings to change or add rates not of general ADDRESSES: Submit documents in Docket No. CP2008–5 will be applicability are properly made under rule 3015.5. classified as a new product. Postal Service filings to modify the product lists are electronically via the Commission’s As noted above, the Postal Service properly made under part 3020, subpart B. Filings Filing Online system at http:// filed both dockets pursuant to rule involving negotiated service agreements implicate www.prc.gov. both sets of rules until such time that a group of negotiated service agreements are shown to be FOR FURTHER INFORMATION CONTACT: 2 The draft MCS remains under review. The classified properly as one product. The Commission Stephen L. Sharfman, General Counsel, Commission anticipates providing interested anticipates that with experience and the adoption 202–789–6820 and persons an opportunity to comment on the draft of the MCS, the review process will proceed MCS in the near future. relatively quickly. [email protected]. 3 Notice of United States Postal Service of Filing 7 The Commission characterizes the Governors’ SUPPLEMENTARY INFORMATION: On May a Global Expedited Package Service Contract decision and associated materials filed in Docket (Pricing Notice). No. CP2008–4 as material that supports the specific 30, 2008, the Postal Service filed a 4 All future filings in the consolidated docket negotiated service agreement filed in Docket No. request to modify the Mail Classification shall be made under Docket No. CP2008–5. CP2008–5. Schedule transferring Premium

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Forwarding Service (PFS), which is 1–2. The Postal Service further asserts (44 U.S.C. 3501 et seq.), the Securities currently classified as a market that because private alternative options and Exchange Commission dominant product and part of the to PFS are available in the form of (‘‘Commission’’) has submitted to the Special Services class, to the commercial mail forwarding services or Office of Management and Budget a competitive products list.1 The Request informal agreements with friends that request for approval of extension of the is made pursuant to 39 U.S.C. 3642 and PFS properly belongs in the competitive existing collection of information 39 CFR 3020.30 et. seq. and includes product category. Id. at 3–4. The Postal provided for in the following rule: Rule two attachments.2 Rule 3020.30 allows Service also contends with regard to 15c2–11 (17 CFR 240.15c2–11). the Postal Service to request the transfer PFS that it does not have the ‘‘ability to On September 13, 1971, effective of a product from the market dominant set prices substantially above costs, December 13, 1971 (see 36 FR 18641, products list to the competitive raise prices significantly, decrease September 18, 1971), the Commission products list. The Postal Service must quality, or decrease output, without adopted Rule 15c2–11 (‘‘Rule 15c2–11’’ provide detailed support and losing a significant level of business.’’ or ‘‘Rule’’) under the Securities justification for such a request. 39 CFR Id. at 3. The Postal Service asserts the Exchange Act of 1934 (15 U.S.C. 78a et 3020.31 and 3020.32. The Commission position that the ‘‘[t]ransfer of PFS to seq.) to regulate the initiation or reviews the Request and the comments the competitive product list will ensure resumption of quotations in a quotation of interested parties under § 3020.34. that its revenues are appropriately medium by a broker-dealer for over-the- PFS provides residential postal classified, since * * * PFS is provided counter (‘‘OTC’’) securities. The Rule customers with a forwarding service for within a competitive market.’’ Id. at 5. was designed primarily to prevent their mail when they are away from Pursuant to § 3020.33, the certain manipulative and fraudulent their primary residences. Most mail Commission provides interested persons trading schemes that had arisen in from a customer’s permanent address is an opportunity to express views and connection with the distribution and forwarded once a week via Priority Mail offer comments on whether the planned trading of unregistered securities issued to the customer’s temporary address.3 transfer is consistent with the policies of by shell companies or other companies The customer is charged a $10 39 U.S.C. 3633 and 3642. Comments are having outstanding but infrequently enrollment fee and a weekly fee of due no later than June 16, 2008. traded securities. Subject to certain $11.95.4 PFS is used by postal Pursuant to 39 U.S.C. 505, Kenneth E. exceptions, the Rule prohibits brokers- customers with multiple residences, or Richardson is appointed to serve as dealers from publishing a quotation for those on extended travel for business, or officer of the Commission (Public a security, or submitting a quotation for personal reasons, and recreational Representative) to represent the publication, in a quotation medium vehicle owners. interests of the general public in the unless they have reviewed specified The Postal Service supports its above-captioned docket. information concerning the security and Request with a Statement of Supporting It is Ordered: the issuer. Based on information provided by Justification from Maura Robinson, 1. Docket No. MC2008–4 is Financial Industry Regulatory Pricing Systems and Analysis Manager, established to consider the Postal Authority, Inc. (‘‘FINRA’’), in the 2006 at the Postal Service. The Postal Service Service Request referred to in the body calendar year, FINRA received explains that no Governors’ Decision of this order. approximately 970 applications from was required in this case since no 2. Comments are due no later than broker-dealers to initiate or resume change in classification or price is June 16, 2008. publication of covered OTC securities in proposed, but merely a transfer of a 3. The Commission appoints Kenneth the OTC Bulletin Board and/or the Pink product from one product list to E. Richardson as Public Representative to represent the interests of the general Sheets or other quotation mediums. We another. Request at 1. The Postal Service estimate that (i) 80% of the covered also asserts that PFS will ‘‘meet the public in this proceeding. 4. The Secretary shall arrange for OTC securities were issued by reporting statutory cost coverage requirements’’ publication of this order in the Federal issuers, while the other 20% were applicable to competitive products Register. issued by non-reporting issuers, and (ii) under 39 U.S.C. 3633. Attachment B at it will take a broker-dealer about 4 hours By the Commission. 1 to review, record and retain the Request of United States Postal Service, May 30, Steven W. Williams, information pertaining to a reporting 2008 (Request). Secretary. 2 Attachment A illustrates the proposed changes issuer, and about 8 hours to review, to the Mail Classification Schedule. Attachment B [FR Doc. E8–12763 Filed 6–5–08; 8:45 am] record and retain the information is a Statement of Supporting Justification by Maura BILLING CODE 7710–FW–P pertaining to a non-reporting issuer. Robinson, Manager, Pricing Systems and Analysis We therefore estimate that broker- for the Postal Service. dealers who initiate or resume 3 Mail that will be rerouted separately includes mail requiring a scan, signature, or additional SECURITIES AND EXCHANGE publication of quotations for covered postage at delivery. Express Mail articles are COMMISSION OTC securities of reporting issuers will rerouted immediately. Priority Mail articles are require 3,104 hours (970 × 80% × 4) to rerouted separately unless shipping them in the Submission for OMB Review; review, record and retain the PFS package would not delay their delivery. First- Comment Request Class Mail packages that do not fit in the weekly information required by the Rule. We estimate that broker-dealers who initiate PFS shipment will be rerouted separately. Standard Upon written request, copies available Mail pieces will only be included in the PFS or resume publication of quotations for from: U.S. Securities and Exchange package if they can be accommodated in the PFS covered OTC securities of non-reporting package after letters, flats or large envelopes, and Commission, Office of Investor issuers will require 1,552 hours (970 × magazines have been included. Otherwise, Education and Advocacy, 20% × 8) to review, record and retain Standard Mail pieces will be shipped postage due. Washington, DC 20549–0213. Parcel Post, Bound Printed Matter, Media Mail, and the information required by the Rule. Library Mail pieces will not be included in the PFS Extension: Rule 15c2–11; OMB Control No. Thus, we estimate the total annual package, but will be shipped postage due. 3235–0202; SEC File No. 270–196. 4 PFS is available for a minimum of two weeks burden hours for broker-dealers to and maximum of 52 weeks. Payment for the entire Notice is hereby given that pursuant initiate or resume publication of period of service is due with the application. to the Paperwork Reduction Act of 1995 quotations of covered OTC securities to

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be 4,656 hours (3,104 + 1,552). The (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Pricing within certain liquid Penny Commission believes that these 4,656 notice is hereby given that on May 29, Pilot Program classes.5 hours would be borne by staff working 2008, the Boston Stock Exchange, Inc. Executions on BOX resulting from at a rate of $40 per hour.1 (‘‘BSE’’ or the ‘‘Exchange’’) filed with orders sent via the Intermarket Linkage Subject to certain exceptions, the Rule the Securities and Exchange System (‘‘Linkage Orders’’) are subject prohibits brokers-dealers from Commission (the ‘‘Commission’’) the to the same billing treatment as other publishing a quotation for a security, or proposed rule change as described in broker-dealer orders. On September 6, submitting a quotation for publication, Items I and II below, which Items have 2007, the Exchange introduced the in a quotation medium unless they have been prepared substantially by the Liquidity Make or Take Pricing for all reviewed specified information Exchange. The Commission is classes contained in the Penny Pilot concerning the security and the issuer. publishing this notice to solicit Program.6 Since Linkage Orders that are The broker-dealer must also make the comments on the proposed rule change sent to and executed on BOX take information reasonably available upon from interested persons, and liquidity, such orders are assessed a request to any person expressing an simultaneously granting accelerated $0.45 per contract fee for executed interest in a proposed transaction in the approval of the proposed rule change. transactions in issues participating in security with such broker or dealer. The the Penny Pilot Program.7 collection of information that is I. Self-Regulatory Organization’s On May 28, 2008, the Exchange filed submitted to FINRA for review and Statement of the Terms of Substance of a rule proposal with the Commission approval is currently not available to the the Proposed Rule Change that reduces the fees and credits that it public from FINRA. The Exchange is proposing to amend charges and applies to transactions in An agency may not conduct or the Liquidity Make or Take Pricing the iShares Russell 2000  Index Fund sponsor, and a person is not required to Structure (‘‘Make or Take Pricing’’)— (‘‘IWM’’), Powershares  QQQ Trust respond to, a collection of information Intermarket Linkage Transaction fees Series 1 (‘‘QQQQ’’) and the Standard & unless it displays a currently valid (‘‘Linkage Fees’’) portion of the Fee Poor’s Depositary Receipts  (‘‘SPY’’) control number. Schedule 3 of the Boston Options (‘‘Tier 2 Classes’’) by fifteen cents Comments should be directed to (i) Exchange (‘‘BOX’’) to modify the ($0.15).8 In conjunction with the Desk Officer for the Securities and Linkage Fees associated with the Make reduction of these fees and credits for Exchange Commission, Office of or Take Pricing.4 The text of the Tier 2 Classes, the Exchange is now Information and Regulatory Affairs, proposed rule change is available at the proposing to make the applicable fee for Office of Management and Budget, Exchange, the Commission’s Public Linkage Orders the same as those for Room 10102, New Executive Office Reference Room, and http:// classes included in the Liquidity Make Building, Washington, DC 20503 or by www.bostonoptions.com. or Take Pricing. Specifically, the sending an e-mail to: Exchange proposes to change the fee _ _ II. Self-Regulatory Organization’s Alexander T. [email protected]; and schedule to state that: ‘‘[t]he charge for Statement of the Purpose of, and (ii) R. Corey Booth, Director/Chief inbound Linkage Orders in instruments Statutory Basis for, the Proposed Rule Information Officer, Securities and which are contained in the Liquidity Change Exchange Commission, c/o Shirley Make or Take pricing structure will be Martinson, 6432 General Green Way, In its filing with the Commission, the the applicable ‘take’ fee for classes Alexandria, VA 22312 or send an e-mail Exchange included statements _ included in the Liquidity Make or Take to: PRA [email protected]. Comments concerning the purpose of, and basis for, pricing structure.’’ Consequently, the must be submitted within 30 days of the proposed rule change and discussed Exchange is proposing to reduce the fees this notice. any comments it received on the that it charges for Linkage Orders in Tier Dated: May 28, 2008. proposed rule change. The text of these 2 Classes by fifteen cents ($0.15) to Florence E. Harmon, statements may be examined at the thirty cents ($0.30). The Linkage Fee of Acting Secretary. places specified in Item III below. The forty-five cents ($0.45) will remain the [FR Doc. E8–12628 Filed 6–5–08; 8:45 am] Exchange has prepared summaries, set same for Tier 1 classes.9 The Exchange BILLING CODE 8010–01–P forth in Sections A, B, and C below, of the most significant aspects of such 5 See Securities Exchange Act Release No. 57887 statements. (May 30, 2008) (SR–BSE–2008–31) (proposing SECURITIES AND EXCHANGE reduced fees and credits for certain liquid Penny A. Self-Regulatory Organization’s Pilot Program classes). COMMISSION Statement of the Purpose of, and 6 Securities Exchange Act Release No. 56371 [Release No. 34–57900; File No. SR–BSE– Statutory Basis for, the Proposed Rule (September 7, 2007), 72 FR 52401 (September 13, 2008–32] 2007) (SR–BSE–2007–43). The Exchange may trade Change options contracts in one-cent increments in certain 1. Purpose approved issues as part of the Penny Pilot Program Self-Regulatory Organizations; Boston through March 27, 2009. See Securities Exchange Stock Exchange, Inc.; Notice of Filing The purpose of this filing is to amend Act Release No. 56566 (September 27, 2007), 72 FR and Order Granting Accelerated Section 7(c) of the BOX Fee Schedule in 56400 (October 3, 2007) (SR–BSE–2007–40). Approval of Proposed Rule Change order to revise the Liquidity Make or 7 See Securities Exchange Act Release No. 56371 (September 7, 2007), 72 FR 52401 (September 13, Relating to the Liquidity Make or Take Take Pricing—Linkage Fees portion of 2007) (SR–BSE–2007–43). ‘‘Linkage Orders that are Pricing Structure Linkage Fees Portion the BOX Fee Schedule, so as to conform not executed upon receipt are rejected back to the of the Fee Schedule for Exchange with fee changes the Exchange recently sender and are never posted in the BOX Book. Services proposed for Liquidity Make or Take Therefore, a Linkage Order would never be eligible to receive a credit of the Transaction Fee.’’ Id. June 2, 2008. 8 See note 5, supra. Fee changes made pursuant 1 15 U.S.C. 78s(b)(1). Pursuant to Section 19(b)(1) of the to the proposal, which was effective upon filing, are 2 17 CFR 240.19b–4. reflected in the Fee Schedule attached to SR–BSE– Securities Exchange Act of 1934 3 The BOX Fee Schedule can be found on the 2008–31 as Exhibit 5. BOX Web site at http://www.bostonoptions.com. 9 Tier 1 pricing applies to all classes that 1 See Appendix C, SIFMA Office Salaries Data— 4 Capitalized terms not otherwise defined herein currently participate in the Penny Pilot, other than Sept. 2007 for General Clerk national hourly rate. shall have the meanings set forth in the BOX Rules. the Tier 2 Classes.

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is proposing to amend the BOX Fee rules/sro.shtml). Copies of the accelerated approval will allow the Schedule, effective June 2, 2008, submission, all subsequent Exchange to immediately implement a pending Commission approval. amendments, all written statements lower fee for market participants with respect to the proposed rule executing certain Linkage Orders on the 2. Statutory Basis change that are filed with the Exchange. The Exchange believes that the Commission, and all written V. Conclusion proposal is consistent with the communications relating to the requirements of Section 6(b) of the proposed rule change between the It is therefore ordered, pursuant to Act,10 in general, and Section 6(b)(4) of Commission and any person, other than Section 19(b)(2) of the Act 17 that the the Act,11 in particular, in that it is those that may be withheld from the proposed rule change (SR–BSE–2008– designed to provide for the equitable public in accordance with the 32), is hereby approved on an allocation of reasonable dues, fees, and provisions of 5 U.S.C. 552, will be accelerated basis. other charges among its members and available for inspection and copying in For the Commission, by the Division of issuers and other persons using its the Commission’s Public Reference Trading and Markets, pursuant to delegated facilities for the purpose of executing Room, 100 F Street, NE., Washington, authority.18 Linkage Orders that are routed to the DC 20549, on official business days Florence E. Harmon, Exchange from other market centers. between the hours of 10 a.m. and 3 p.m. Acting Secretary. Copies of such filing also will be B. Self-Regulatory Organization’s [FR Doc. E8–12688 Filed 6–5–08; 8:45 am] available for inspection and copying at BILLING CODE 8010–01–P Statement on Burden on Competition the principal office of the Exchange. All The Exchange does not believe that comments received will be posted the proposed rule change will impose without change; the Commission does SECURITIES AND EXCHANGE any burden on competition that is not not edit personal identifying COMMISSION necessary or appropriate in furtherance information from submissions. You of the purposes of the Act. should submit only information that [Release No. 34–57884; File No. SR–CHX– you wish to make available publicly. All 2008–07] C. Self-Regulatory Organization’s submissions should refer to File Statement on Comments on the Self-Regulatory Organizations; Number SR–BSE–2008–32 and should Proposed Rule Change Received From Chicago Stock Exchange, Inc.; Notice be submitted on or before June 27, 2008. Members, Participants, or Others of Filing and Order Granting Accelerated Approval of Proposed Written comments on the proposed IV. Commission’s Findings and Order Rule Change to Trade Shares of 12 rule change were neither solicited nor Granting Accelerated Approval of Funds of the ProShares Trust Pursuant received. Proposed Rule Change After careful consideration, the to Unlisted Trading Privileges III. Solicitation of Comments Commission finds that the proposed May 30, 2008. Interested persons are invited to rule change is consistent with the Pursuant to Section 19(b)(1) of the submit written data, views, and requirements of the Act and the rules Securities Exchange Act of 1934 arguments concerning the foregoing, and regulations thereunder applicable to (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 including whether the proposed rule a national securities exchange 12 and, in notice is hereby given that on May 15, change is consistent with the Act. particular, with the requirements of 2008, the Chicago Stock Exchange, Inc. 13 Comments may be submitted by any of Section 6(b) of the Act. In particular, (‘‘CHX’’ or ‘‘Exchange’’) filed with the the following methods. the Commission finds that the Securities and Exchange Commission Exchange’s proposal is consistent with (‘‘Commission’’) the proposed rule Electronic Comments Section 6(b)(4) of the Act,14 which • change as described in Items I, II, and Use the Commission’s Internet requires that the rules of the Exchange III below, which Items have been comment form (http://www.sec.gov/ provide for the equitable allocation of substantially prepared by the Exchange. rules/sro.shtml); or reasonable dues, fees, and other charges • This order provides notice of the Send an e-mail to rule- among its members and other persons proposed rule change and approves the [email protected]. Please include File using its facilities. The Commission proposal on an accelerated basis. Number SR–BSE–2008–32 on the notes that this proposal conforms subject line. Linkages Fees with those fees charged I. Self-Regulatory Organization’s on other broker-dealer executions. Statement of the Terms of Substance of Paper Comments The Exchange requests that the the Proposed Rule Change • Send paper comments in triplicate Commission approve the proposed rule The Exchange proposes to trade to Secretary, Securities and Exchange change on an accelerated basis pursuant shares (‘‘Shares’’) of the following 12 15 Commission, 100 F Street, NE., to Section 19(b)(2) of the Act. The funds of the ProShares Trust (f/k/a Washington, DC 20549–1090. Commission finds good cause, pursuant xtraShares Trust) (‘‘Trust’’) pursuant to 16 All submissions should refer to File to Section 19(b)(2)(B) of the Act, for unlisted trading privileges (‘‘UTP’’): (1) Number SR–BSE–2008–32. This file approving the proposed rule change Ultra S&P 500 ProShares (f/k/a Ultra 500 number should be included on the prior to the 30th day after the date of Fund); (2) Ultra QQQ ProShares (f/k/a subject line if e-mail is used. To help the publication of the notice of the filing Ultra 100 Fund); (3) Ultra Dow 30 Commission process and review your thereof in the Federal Register. An ProShares (f/k/a Ultra 30 Fund); (4) comments more efficiently, please use Ultra Mid-Cap 400 ProShares (f/k/a only one method. The Commission will 12 In approving this rule, the Commission notes that it has considered its impact on efficiency, Ultra Mid-Cap 400 Fund); (5) Short S&P post all comments on the Commission’s competition, and capital formation. 15 U.S.C. 78c(f). Internet Web site (http://www.sec.gov/ 13 15. U.S.C. 78f(b). 17 15 U.S.C. 78s(b)(2). 14 15 U.S.C. 78f(b)(4). 18 15 U.S.C. 78s(b)(2)(B). 10 15 U.S.C. 78f(b). 15 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). 11 15 U.S.C. 78f(b)(4). 16 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4.

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500 ProShares (f/k/a Short 500 Fund); Exchange LLC (‘‘Amex’’).4 In addition, the net asset value (‘‘NAV’’) of shares of (6) Short QQQ ProShares (f/k/a Short the Funds are currently trading the Fund should increase approximately 100 Fund); (7) Short Dow 30 ProShares pursuant to UTP on NYSE Arca, Inc.5 as much, on a percentage basis, as the (f/k/a Short 30 Fund); (8) Short Mid-Cap Four of the Funds—the Ultra S&P 500 respective Underlying Index decreases 400 ProShares (f/k/a Short Mid-Cap 400 ProShares, Ultra QQQ ProShares, Ultra when the prices of the securities in the Fund); (9) UltraShort S&P 500 ProShares Dow 30 ProShares, and Ultra Mid-Cap Index decline on a given day; or should (f/k/a Ultra Short 500 Fund); (10) 400 ProShares (‘‘Bullish Funds’’)—seek decrease approximately as much, on a UltraShort QQQ ProShares (f/k/a Ultra daily investment results, before fees and percentage basis, as the respective Index Short 100 Fund); (11) UltraShort Dow expenses, that correspond to twice gains when the prices of the securities 30 ProShares (f/k/a Ultra Short 30 (200%) the daily performance of the in the index rise on a given day. Fund); and (12) UltraShort Mid-Cap 400 Standard & Poor’s 500 Index (‘‘S&P The remaining four Funds—the ProShares (Ultra Short Mid-Cap 400 500’’), the Nasdaq-100 Index (‘‘Nasdaq UltraShort S&P 500 ProShares, Fund) (collectively, ‘‘Funds’’). The text 100’’), the Dow Jones Industrial UltraShort QQQ ProShares, UltraShort of this proposed rule change is available AverageSM (‘‘DJIA’’), and the S&P Dow 30 ProShares, and UltraShort Mid- on the Exchange’s Web site at http:// MidCap400TM Index (‘‘S&P MidCap’’), Cap 400 ProShares (the ‘‘Additional www.chx.com/content/ respectively. Each such index is referred Bearish Funds’’)—seek daily investment Participant_Information/ to herein individually as an results, before fees and expenses, that Rules_Filings.html, at the Exchange’s ‘‘Underlying Index’’ or ‘‘Index’’ and correspond to twice (or two times) the principal office, and at the collectively as ‘‘Underlying Indexes.’’ 6 inverse or opposite (¥200%) of the Commission’s Public Reference Room. Any such Fund, if successful in meeting daily performance of the S&P 500, its objective, should gain, on a Nasdaq 100, DJIA, and S&P MidCap, II. Self-Regulatory Organization’s percentage basis, approximately twice respectively. If one such Fund is Statement of the Purpose of, and as much as the Fund’s Underlying Index successful in meeting its objective, the Statutory Basis for, the Proposed Rule when the prices of the securities in such NAV of the Shares of the Fund should Change Index increase on a given day, and increase approximately twice as much, In its filing with the Commission, the should lose approximately twice as on a percentage basis, as the respective Exchange included statements much when such prices decline on a Underlying Index loses when the prices concerning the purpose of, and basis for, given day. of the securities in the Index decline on the proposed rule change and discussed In addition, four Funds-the Short S&P a given day; or should decrease any comments it received on the 500 ProShares, Short QQQ ProShares, approximately twice as much as the proposed rule change. The text of these Short Dow 30 ProShares, and Short respective Underlying Index gains when statements may be examined at the Mid-Cap 400 ProShares (‘‘Initial Bearish the prices of the securities in the Index places specified in Item III below. The Funds’’)—seek daily investment results, rise on a given day. The ‘‘Initial Bearish Exchange has prepared summaries, set before fees and expenses, which Funds’’ and the ‘‘Additional Bearish forth in Sections A, B, and C below, of correspond to the inverse or opposite of Funds’’ are referred to herein the most significant aspects of such the daily performance (¥100%) of the collectively as ‘‘Bearish Funds.’’ statements. S&P 500, Nasdaq 100, DJIA, and S&P Each Share represents a beneficial ownership interest in the net assets of A. Self-Regulatory Organization’s MidCap, respectively. If one such Fund is successful in meeting its objective, the corresponding Fund, less expenses. Statement of the Purpose of, and Each Bullish Fund generally will hold at Statutory Basis for, the Proposed Rule 4 See Securities Exchange Act Release No. 52553 least 80% of its assets in the component Change (October 3, 2005), 70 FR 59100 (October 11, 2005) equity securities of the relevant 1. Purpose (SR–Amex–2004–62) (‘‘Amex Order I’’) (approving Underlying Index (‘‘Equity Securities’’). the listing and trading on Amex of the following The remainder of assets will be devoted The Exchange proposes to trade eight Funds: Ultra 500 Fund, Ultra 100 Fund, Ultra to Financial Instruments (as defined pursuant to UTP the Shares of the 30 Fund, Ultra Mid-Cap 400 Fund, Short 500 Fund, Short 100 Fund, Short 30 Fund, and Short Mid-Cap below) that are intended to create the Funds, which are ‘‘investment company 400 Fund); Securities Exchange Act Release No. additional needed exposure to such units’’ under CHX Article 22, Rule 24 52197 (August 2, 2005), 70 FR 46228 (August 9, Underlying Index necessary to pursue 3 (‘‘Rule 24’’). The Shares seek to provide 2005) (SR–Amex–2004–62) (‘‘Amex Notice’’). See the Fund’s investment objective. A investment results that exceed the daily also Securities Exchange Act Release No. 54040 (June 23, 2006) (SR–Amex–2006–41) (‘‘Amex Order Bearish Fund will not invest directly in performance of a specified stock index II’’, together with Amex Order I and Amex Notice, the component securities of the relevant by a specified percentage, or that seek ‘‘Amex Releases’’) (approving the listing and Underlying Index, but instead, will to provide investment results that trading on Amex of the following four funds: Ultra create short exposure to such Index. At correspond to the inverse or opposite of Short 500 Fund, Ultra Short 100 Fund, Ultra Short 30 Fund, and Ultra Short Mid-Cap 400 Fund). least 80% of the value of the portfolio the index’s daily performance or twice 5 of each Bearish Fund will be devoted to ¥ See Securities Exchange Act Release No. 54026 the inverse or opposite ( 200%) of the (June 21, 2006), 71 FR 36850 (June 28, 2006) (SR– Financial Instruments (defined below), index’s daily performance. The PCX–2005–115) (order approving the trading debt instruments, and money market Commission previously approved the pursuant to UTP of the Ultra 500 Fund, Ultra 100 instruments, including U.S. government original listing and trading of the Shares Fund, Ultra 30 Fund, Ultra Mid-Cap 400 Fund, Short 500 Fund, Short 100 Fund, Short 30 Fund, securities and repurchase agreements of the 12 Funds on the American Stock and Short Mid-Cap 400 Fund); Securities Exchange (‘‘Money Market Instruments’’). The Act Release No. 54045 (June 26, 2006), 71 FR 37971 financial instruments to be held by any 3 CHX Rule 24(A)(1)(a) allows the listing and (July 3, 2006) (SR–PCX–2005–115) (order approving of the Bullish or Bearish Funds may trading of investment company units issued by a the trading of the Ultra Short 500 Fund, Ultra Short registered investment company that holds securities 100 Fund, Ultra Short 30 Fund, and Ultra Short include stock index futures contracts; comprising, or otherwise based on or representing Mid-Cap 400 Fund). options on futures contracts; options on an interest in, an index of portfolio or securities. 6 Exchange-traded funds based on the Underlying securities and indices; equity caps, The Exchange represents that the Shares qualify Indexes are traded on several exchanges, including collars, and floors; swap agreements; under CHX Rule 24 because they are being the CHX. The Statement of Additional Information registered under the Investment Company Act of (‘‘SAI’’) of each Fund discloses that such Fund forward contracts; repurchase 1940 (‘‘1940 Act’’) and are ‘‘otherwise based on’’ an reserves the right to substitute a different agreements and reverse repurchase index. Underlying Index under certain circumstances. agreements (‘‘Financial Instruments’’);

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and Money Market Instruments. www.amex.com) daily trading volume, value of all securities included in the ProShare Advisors LLC is the closing price, the NAV, and final Underlying Index or the precise investment adviser (‘‘Advisor’’) to each dividend amounts, if any, to be paid for composition of the current portfolio of Fund. each Fund. The closing prices of the securities held by each Fund at a (a) The Shares. A description of the Shares are readily available from particular point in time. Therefore, the Trust, the operation of the Funds, and exchanges, automated quotation IIV should not be viewed as a real-time the creation and redemption process for systems, published or other public update of the NAV of a particular Fund, the Shares is set forth in the Amex sources, or on-line information services which is calculated only once a day. Releases. To summarize, issuances of such as Bloomberg or Reuters. (c) UTP Trading Criteria. The Shares will be made only in Each Fund’s total portfolio Exchange represents that it would aggregations of at least 75,000 Shares or composition will be disclosed on the immediately halt trading the Shares multiples thereof (‘‘Creation Units’’). Web site of the trust (http:// during the listing market’s trading hours Each Fund will issue and redeem the www.profunds.com). The Trust expects if: (1) The listing market stops trading Creation Units on a continuous basis, by that Web site disclosure of portfolio the Shares because of a regulatory halt or through participants that have holdings will be made daily and will similar to a halt based on CHX Article entered into participant agreements include, as applicable, the names and 20, Rule 2 or a halt because the IIV or (each, an ‘‘Authorized Participant’’) number of shares held of each specific the value of the applicable Underlying with the distributor. Equity Security, the specific types of Index is no longer widely disseminated; The NAV per Share of each Fund is Financial Instruments and (2) the listing market delists the Shares; computed by dividing the value of the characteristics of such instruments, cash or (3) in the situations described in net assets of such Fund (i.e., the value equivalents, and amount of cash held in ‘‘Trading Rules’’ below. Additionally, of its total assets less total liabilities) by the portfolio of each Fund.7 the Exchange may cease trading the its total number of Shares outstanding. The daily closing index value and the Shares if such other event shall occur or The NAV of each Fund is calculated by percentage change in the daily closing condition exists which in the opinion of the accounting agent for the Fund and index value for each Underlying Index the Exchange makes further dealings on determined each business day at the will be publicly available on various the Exchange inadvisable. close of regular trading of the New York Web sites (e.g., http:// The Exchange also represents that it Stock Exchange (ordinarily 4 p.m. www.bloomberg.com).8 The value of would immediately halt trading the Eastern Time (‘‘ET’’)). each Underlying Index will be updated Shares of a Fund upon notification by (b) Dissemination of Information intra-day on a real time basis as its the listing market that the NAV is not About the Shares and the Underlying individual component securities change being disseminated to all market Indexes. The Trust’s or Advisor’s Web in price. These intra-day values of each participants at the same time. The site, which is and will be publicly Underlying Index will be disseminated Exchange would resume trading only accessible at no charge (and to which every 15 seconds throughout the trading when trading in the Shares resumes on the Exchange will provide a hyperlink day by the Amex or another the listing market. on its Web site), will contain the organization authorized by the relevant (d) Other Trading Rules. The following information for each Fund’s Underlying Index provider. Exchange deems the Shares to be equity Shares: (1) The prior business day’s To provide updated information securities, thus rendering trading in the closing NAV, the reported closing price, relating to each Fund, Amex will Shares subject to the Exchange’s and a calculation of the premium or disseminate through the facilities of the existing rules governing the trading of discount of such price in relation to the CTA from 9:30 a.m. ET to 4:15 p.m. ET: equity securities. Shares will trade on closing NAV; (2) data for a period (1) Continuously, the market value of a CHX during both its regular trading covering at least the four previous Share; and (2) every 15 seconds, a session (from 8:30 a.m. to 3 p.m. calendar quarters (or the life of a Fund, calculation of the IIV as calculated by a (Central Time (‘‘CT’’))) and during its if shorter) indicating how frequently third-party calculator. Comparing these late trading session (from 3 p.m. to 4 each Fund’s Shares traded at a premium two figures helps an investor to p.m. CT), even if the IIV is not or discount to NAV based on the determine whether, and to what extent, disseminated from 3:14 to 4 p.m. CT.9 reported closing price and NAV, and the the Shares may be selling at a premium The Exchange has appropriate rules to magnitude of such premiums and or a discount to NAV. The IIV is facilitate transactions in the Shares discounts; (3) its prospectus and designed to provide investors with a during all trading sessions. Product Description; and (4) other reference value that can be used in With respect to trading halts, the quantitative information such as daily connection with other related market Exchange may consider all relevant trading volume. information. The IIV may not reflect the factors in exercising its discretion to Amex represented that it will halt or suspend trading in the Shares of disseminate for each Fund on a daily 7 The same portfolio information (including a Fund. Trading may be halted because basis by means of Consolidated Tape accrued expenses and dividends) will be provided of market conditions or for reasons that, Association (‘‘CTA’’) and CQ High on the public Web site as well as in the IIV File in the view of the Exchange, make Speed Lines information with respect to and PCF File provided to Authorized Participants. trading in the Shares inadvisable. These The format of the public Web site disclosure and an Indicative Intra-Day Value (‘‘IIV’’) the IIV and PCF Files will differ because the public may include: (1) The extent to which (discussed below), recent NAV, shares Web site will list all portfolio holdings, whereas the outstanding, estimated cash amount, IIV and PCF Files provide the portfolio holdings in 9 Because NSCC does not disseminate the new and total cash amount per Creation a different format appropriate for Authorized basket amount to market participants until Participants, i.e., the exact components of a approximately 6 p.m. to 7 p.m. ET, an updated IIV Unit. Quotations for and last-sale Creation Unit. is not possible to calculate during the Exchange’s information regarding the Shares are 8 Data regarding each Underlying Index are also late trading session. Currently the official index disseminated through the facilities of available from the respective index provider to sponsors for the Funds’ indexes do not calculate the Consolidated Tape Association and subscribers. Several independent data vendors also updated index values during the Exchange’s late package and disseminate index data in various trading session; however, if the index sponsors did Consolidated Quotation System. Amex value-added formats (including vendors displaying so in the future, the Exchange would not trade this also represented that it will make both securities and index levels and vendors product unless such official index value is widely available on its Web site (http:// displaying index levels only). disseminated.

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trading is not occurring in the securities Exchange notes that investors C. Self-Regulatory Organization’s comprising an Underlying Index and/or purchasing Shares directly from the Statement on Comments Regarding the the Financial Instruments of a Fund, or Trust will receive a prospectus. Proposed Rule Changes Received From (2) whether other unusual conditions or Participants purchasing Shares from the Members, Participants or Others circumstances detrimental to the Trust for resale to investors will deliver No written comments were either maintenance of a fair and orderly a prospectus to such investors. The solicited or received. market are present. In addition, trading Information Bulletin will also discuss in Shares will be subject to trading halts any relief, if granted, by the Commission III. Solicitation of Comments caused by extraordinary market or the staff from any rules under the Interested persons are invited to volatility pursuant to the Exchange’s Act. In addition, the Information submit written data, views, and ‘‘circuit breaker’’ rule or by the halt or Bulletin will reference that the Trust is arguments concerning the foregoing, suspension of trading of the underlying subject to various fees and expenses including whether the proposed rule securities. described in the Registration Statement. change is consistent with the Act. Shares will be deemed ‘‘NMS stocks’’ The Information Bulletin will also Comments may be submitted by any of and therefore will be subject to, among the following methods: other things, Rule 611 of Regulation disclose that the NAV for the Shares NMS under the Act (‘‘Order Protection will be calculated shortly after 4 p.m. Electronic Comments ET each trading day. Rule’’). • Use the Commission’s Internet (e) Surveillance. The Exchange 2. Statutory Basis comment form (http://www.sec.gov/ intends to utilize its existing rules/sro.shtml); or surveillance procedures applicable to The CHX believes the proposal is • Send an e-mail to rule- Investment Company Units to monitor consistent with the requirements of the [email protected]. Please include File trading in the Shares. The Exchange Act and the rules and regulations Number SR–CHX–2008–07 on the represents that these procedures are thereunder that are applicable to a subject line. adequate to monitor Exchange trading of national securities exchange, and, in Paper Comments the Shares and to deter and detect particular, with the requirements of violations of Exchange rules. Section 6(b).11 The proposed rule • Send paper comments in triplicate The Exchange’s current trading change is consistent with Section 6(b)(5) to Secretary, Securities and Exchange surveillance focuses on detecting of the Act because it would promote just Commission, 100 F Street, NE., securities trading on the Exchange and equitable principles of trade; Washington, DC 20549. outside their normal patterns. When remove impediments to, and perfect the All submissions should refer to File such situations are detected, mechanism of, a free and open market Number SR–CHX–2008–07. This file surveillance analysis follows and number should be included on the investigations are opened, where and a national market system; and, in general, protect investors and the public subject line if e-mail is used. To help the appropriate, to review the behavior of Commission process and review your all relevant parties for all relevant interest by allowing CHX participants to trade these products. comments more efficiently, please use trading violations only one method. The Commission will (f) Information Bulletin. Prior to the In addition, the Exchange believes post all comments on the Commission’s commencement of trading, the Exchange that the proposal is consistent with Rule Internet Web site (http://www.sec.gov/ will inform its Participants in an 12f–5 under the Act 12 because it deems rules/sro.shtml). Copies of the Information Bulletin of the special the Shares to be equity securities, thus submission, all subsequent characteristics and risks associated with rendering the Shares subject to the amendments, all written statements trading the Shares. Specifically, the Exchange’s existing rules governing the with respect to the proposed rule Information Bulletin will discuss the trading of equity securities. change that are filed with the following: (1) The procedures for Commission, and all written B. Self-Regulatory Organization’s purchases and redemptions of Shares in communications relating to the Statement of Burden on Competition Creation Unit Aggregations (and that proposed rule change between the Shares are not individually redeemable); The Exchange does not believe that Commission and any person, other than (2) CHX Rules 11 and 16, which impose those that may be withheld from the a suitability obligation and a duty of due the proposed rule changes will impose any burden on competition. public in accordance with the diligence on Participants to learn the provisions of 5 U.S.C. 552, will be essential facts relating to every customer available for inspection and copying in prior to trading the Shares; (3) how the secondary market unaccompanied by a statutory the Commission’s Public Reference information regarding the IIV is prospectus when prospectus delivery is not Room, 100 F Street, NE., Washington, disseminated; (4) the requirement that required by the Securities Act of 1933. See DC 20549, on official business days ProShares Trust, et al., Investment Company Act Participants deliver a prospectus to between the hours of 10 a.m. and 3 p.m. investors purchasing newly issued Release Nos. 27323 (May 18, 2006) (notice) and 27394 (June 13, 2006) (order), as subsequently Copies of such filing also will be Shares prior to or concurrently with the available for inspection and copying at confirmation of a transaction; and (5) amended by ProShares Trust, et al., Investment Company Act Release Nos. 27609 (December 22, the principal office of CHX. All trading information. 2006) (notice) and 27666 (January 18, 2007) (order). comments received will be posted The Information Bulletin also will Under the orders, certain investors will receive a without change; the Commission does advise Participants, prior to the product description (‘‘Product Description’’) not edit personal identifying commencement of trading, of the describing the Trust, the Funds, and the Shares. information from submissions. You prospectus delivery requirements This Product Description will contain information should submit only information that applicable to the Funds.10 The about the Shares that is tailored to meet the needs of investors purchasing the Shares in the secondary you wish to make available publicly. All market. 10 The Commission issued an exemptive order submissions should refer to File pursuant to, among other things, Section 24(d) of 11 15 U.S.C. 78(f)(b). Number SR–CHX–2008–07 and should the 1940 Act that permits dealers to sell Shares in 12 17 CFR 240.12f–5. be submitted on or before June 27, 2008.

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IV. Commission’s Findings and Order public interest and appropriate for the is consistent with the Act.20 The Granting Accelerated Approval of the protection of investors and the Commission presently is not aware of Proposed Rule Change maintenance of fair and orderly markets any regulatory issue that should cause it After careful review, the Commission to assure the availability to brokers, to revisit those findings or would finds that the proposed rule change is dealers, and investors of information preclude the trading of the Shares on consistent with the requirements of the with respect to quotations for and the Exchange pursuant to UTP. Act and the rules and regulations transactions in securities. Quotations for Therefore, accelerating approval of this thereunder applicable to a national and last-sale information regarding the proposal should benefit investors by securities exchange.13 In particular, the Shares are disseminated through the creating, without undue delay, Commission finds that the proposed facilities of the CTA and the additional competition in the market for rule change is consistent with Section Consolidated Quotation System. the Shares. 14 Furthermore, the IIV, updated to reflect 6(b)(5) of the Act, which requires that V. Conclusion an exchange have rules designed, among changes in currency exchange rates, will other things, to promote just and be calculated by Amex and publicly It is therefore ordered, pursuant to equitable principles of trade, to remove disseminated on a 15-second delayed Section 19(b)(2) of the Act,21 that the impediments to and perfect the basis from 8:30 a.m. to 3:14 p.m. CT. As proposed rule change (SR–CHX–2008– mechanism of a free and open market mentioned above, Amex’s Web site 07) be, and it hereby is, approved on an and a national market system, and in provides various information about the accelerated basis. general to protect investors and the value of the Shares, such as the prior For the Commission, by the Division of public interest. The Commission business day’s closing NAV, the Trading and Markets, pursuant to delegated believes that this proposal should reported closing price, and the daily authority.22 benefit investors by increasing trading volume. Florence E. Harmon, competition among markets that trade The Commission also believes that the Acting Secretary. the Shares. Exchange’s trading halt procedures are [FR Doc. E8–12629 Filed 6–5–08; 8:45 am] In addition, the Commission finds reasonably designed to prevent trading BILLING CODE 8010–01–P that the proposal is consistent with in the Shares when transparency is Section 12(f) of the Act,15 which permits impaired. CHX has represented that if an exchange to trade, pursuant to UTP, the listing market halts trading when the SECURITIES AND EXCHANGE a security that is listed and registered on IIV is not being calculated or COMMISSION another exchange.16 The Commission disseminated, the Exchange would halt notes that it previously approved the trading in the Shares until trading [Release No. 34–57901; File Nos. SR–DTC– listing and trading of the Shares on resumes on the listing market. 2007–14 and SR–NSCC–2007–14] Amex.17 The Commission also finds that The Commission notes that, if the Self-Regulatory Organizations; the the proposal is consistent with Rule Shares should be delisted by the listing Depository Trust Company and 12f–5 under the Act,18 which provides exchange, the Exchange would no National Securities Clearing that an exchange shall not extend UTP longer have authority to trade the Shares Corporation; Order Approving to a security unless the exchange has in pursuant to this order. Proposed Rule Changes, as Amended, effect a rule or rules providing for In support of this proposal, the To Provide for the Settlement of transactions in the class or type of Exchange has made the following Institutional Transactions in security to which the exchange extends representations: Conjunction With Each Other Through UTP. The Exchange has represented that 1. The Exchange’s surveillance a Service Called ID Net it meets this requirement because it procedures are adequate to properly deems the Shares to be equity securities, monitor Exchange trading of the Shares June 2, 2008. thus rendering trading in the Shares in all trading sessions and to deter and subject to the Exchange’s existing rules detect violations of Exchange rules. I. Introduction governing the trading of equity 2. Prior to the commencement of October 15, 2007, The Depository securities. trading, the Exchange would inform its Trust Company (‘‘DTC’’) and the The Commission further believes that Participants in an Information Bulletin National Securities Clearing Corporation the proposal is consistent with Section of the special characteristics and risks (‘‘NSCC’’) each filed with the Securities 19 11A(a)(1)(C)(iii) of the Act, which sets associated with trading the Shares. and Exchange Commission forth Congress’ finding that it is in the 3. Prior to the commencement of (‘‘Commission’’) and on December 20, trading, the Exchange would inform its 2007, and on February 25, 2008, each 13 In approving this rule change, the Commission Participants in an Information Bulletin notes that it has considered the proposal’s impact amended their proposed rule changes on efficiency, competition, and capital formation. of the requirement that Participants pursuant to Section 19(b)(1) of the See 15 U.S.C. 78c(f). deliver a prospectus or Product Securities Exchange Act of 1934 14 15 U.S.C. 78f(b)(5). Description to investors purchasing (‘‘Act’’).1 Notice of the proposal was 15 15 U.S.C. 78l(f). newly issued Shares prior to or published in the Federal Register on 16 Section 12(a) of the Act, 15 U.S.C. 78l(a), concurrently with the confirmation of a 2 generally prohibits a broker-dealer from trading a April 2, 2008. The Commission security on a national securities exchange unless transaction. received no comment letters in response the security is registered on that exchange pursuant This approval order is based on the to the proposed rule changes. For the to Section 12 of the Act. Section 12(f) of the Act Exchange’s representations. reasons discussed below, the excludes from this restriction trading in any security to which an exchange ‘‘extends UTP.’’ The Commission finds good cause for When an exchange extends UTP to a security, it approving this proposal before the 20 See supra notes 4 and 5. allows its members to trade the security as if it were thirtieth day after the publication of 21 15 U.S.C. 78s(b)(2). listed and registered on the exchange even though notice thereof in the Federal Register. 22 17 CFR 200.30–3(a)(12). it is not so listed and registered. As noted previously, the Commission 1 15 U.S.C. 78s(b)(1). 17 See supra notes 4 and 5. 2 Securities Exchange Act Release No. 57573 18 17 CFR 240.12f–5. previously found that the listing and (March 27, 2008), 73 FR 18019 (SR–DTC–2007–14 19 15 U.S.C. 78k–1(a)(1)(C)(iii). trading of the Shares on other exchanges and SR–NSCC–2007–14).

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Commission is approving the proposed Institutional client, executes a applicable DTC risk management rule changes, as amended. transaction with Firm A. The controls and Participant Fund Investment Manager, or a Custodian requirements for their activity in the ID II. Description acting on its behalf, and Firm A submit Netting Subscriber Accounts. 1. Background the transaction data to an Affirming The ID Netting Subscriber Deliver Unlike exchange trades and most Agency (for example, Omgeo) for Account will be maintained for all ID prime broker trades, most institutional confirmation/affirmation. Once Net Firms receiving ID Net Eligible delivery (‘‘ID’’) transactions do not affirmed, the Affirming Agency’s Securities from an ID Net Bank. The ID currently flow through NSCC’s automated systems transmit settlement Netting Member Receive Account will Continuous Net Settlement system instructions for the matched transaction be maintained for all ID Net Firms (‘‘CNS’’).3 Rather, these institutional to DTC’s Inventory Management System receiving ID Net Eligible Securities from transactions are processed and settled at (‘‘IMS’’) to be processed. These ID CNS that are bound for delivery by that DTC. The ID Net Service will allow transactions are not netted, rather they ID Net Firm to an ID Net Bank.5 subscribers to the service to net all are settled on a trade-for-trade basis at With the establishment of these two eligible affirmed institutional DTC. new ID Netting accounts, ID Net Service transactions will be processed as transactions at DTC against their CNS 3. Proposed Service transactions at NSCC. follows. Upon affirmation, the Affirming The ID Net Service will accept In order to extend netting benefits and Agency will check that the transaction affirmed institutional transactions that efficiencies to institutional transactions, is eligible for ID Net Service processing. are eligible for the ID Net Service from NSCC will extend its clearance and If the transaction qualifies, the clearing agencies registered pursuant to settlement functionalities to net the Affirming Agency prior to submitting Section 17A of the Act, other entities broker-dealer’s side of institutional that affirmed transaction to IMS will (such as Omgeo Matching Services—US transactions with the broker-dealer’s flag the transaction by populating the LLC) which have obtained an exemption broker-to-broker activity that is eligible delivery instructions third party field from clearing agency registration from for processing through NSCC’s CNS with the account number of the ID the Commission, and Qualified service. Netting Subscriber. Most equity securities that are Vendors, as defined in the rules of the IMS will facilitate the delivery of the currently eligible for CNS processing New York Stock Exchange, the National securities, subject to DTC’s risk Association of Securities Dealers, or will be eligible for ID Net Service management controls, to the ID Netting other self-regulatory organizations processing. However, ID Net Services Subscriber Deliver Account. On the (entities with exemptions from clearing will initially exclude the following: (1) night of trade date plus two (‘‘T+2’’), the agency registration or Qualified Vendor Corporate and municipal bonds and ID Net Firm’s CNS position, if any, will are collectively referred to as ‘‘Affirming unit investment trust issues; (2) new be updated for the quantity and value of Agencies’’), and net the broker-dealer issue securities in their first day of IPO the ID Net Service transaction and an side of such transaction with the broker- trading; (3) securities that are IPO open obligation in the ID Netting dealer’s CNS obligations. tracked since the use of omnibus Subscriber Deliver Account will be Eligibility for the ID Net Service will accounts will bypass the tracking created. require that a broker-dealer be an NSCC system; (4) trades in issues that are For transactions in which the ID Net Member eligible for CNS processing and currently undergoing a mandatory or Firm is delivering securities to an ID Net a DTC Participant (‘‘ID Net Firm’’) and voluntary reorganization; (5) trades in Bank, on the night of T+2, the ID Net that a bank be a DTC Participant (‘‘ID securities with a CNS buy-in; and (6) Firm’s CNS position, if any, will be Net Bank’’) (collectively ‘‘ID Net trades in securities appearing on the updated for the quantity and value of 4 Subscribers’’). In addition, eligibility for Commission’s Regulation SHO list. the ID Net Service transaction and an ID Net Service processing will be based To facilitate the processing of ID Net open obligation in the ID Netting on the underlying security being Service transactions, two new securities Subscriber Receive Account will be processed, the type of transaction accounts will be established by NSCC at created. Once the securities are credited submitted for processing, and the timing DTC on behalf of all ID Net Firms that to the ID Netting Subscriber Receive of affirmation. Participation in the ID have elected to use the ID Net Service— Account, the securities will be Net Service will be voluntary and will the ‘‘ID Netting Subscriber Deliver delivered, subject to DTC’s Risk be governed by the rules and procedures Account’’ and the ‘‘ID Netting Management controls, to the ID Net applicable to the ID Net Service as Subscriber Receive Account’’ Bank’s account. described below. All ID Net Subscribers (collectively referred to as the ‘‘ID ID Net Service transactions not will be required to enter into separate ID Netting Subscriber Accounts’’). NSCC completed for any reason, including due Net Subscriber agreements with NSCC will be the owner of both accounts and to a party’s failure to deliver or pass and/or DTC, as applicable, governing will act as agent for the ID Net Firms. DTC’s risk management controls, by their use of the ID Net Service. NSCC will process ID Net Service 11:30 a.m. on settlement date will be transactions through these accounts on ‘‘dropped’’ from ID Net Service and 2. Current Processing behalf of participating ID Net Firms. instead will be settled trade-for-trade A typical ID transaction is currently While NSCC will direct transactions between the original counterparties at processed as follows. An Investment through these accounts on behalf of the DTC as if the transaction had not been Manager, acting on behalf of its ID Net Firms, the ID Net Firms, not included in the ID Net Service. NSCC, will be responsible for satisfying 3 NSCC’s CNS is an automated accounting and 5 ID Net Firms will not have the ability to direct securities settlement system that centralizes and 4 NSCC has determined that certain security types transactions to either ID Netting Subscriber nets the settlement of compared and recorded may have a relatively high rate of delivery failure Account. All ID Net Firm positions in either the ID securities transactions and maintains an orderly or may disrupt normal processing of transactions in Netting Subscriber Deliver Account or the ID flow of security and money balances. CNS provides the ID Net Service. Such securities will initially be Netting Subscriber Receive Account will be clearance for equities, corporate bonds, unit excluded from the service; however, as experience recorded separately by NSCC and in no event will investment trusts, and municipal bonds that are with the service grows, the status of such securities securities positions of one ID Net Firm be attributed eligible for book-entry transfer at DTC. may be reevaluated. to another ID Net Firm.

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4. Eligibility Requirements trade settlement versus the original ID Net Firm’s excess collateral in its Eligibility is based on the clearing participant and will not settle account. Similar to collateral, the system will participants, the underlying security, as part of ID Net Service. Accordingly, create a new ID Net Service settlement the type of trade, and the timing of the if the bank subsequently authorizes the balance for each ID Net Firm. When this affirmation as follows: (1) The broker- delivery, it will be sent to the original clearing broker instead of to the ID balance is a net credit from deliveries on dealer must be both an NSCC Member Netting Subscriber Deliver Account. the ID Net Firm’s behalf through the ID and a DTC Participant; (2) The ID Net Firms will still be able to Netting Subscriber Receive Account, it custodian bank must be a DTC exempt or cancel an ID delivery in IMS will only be used to offset incoming ID Participant; (3) The broker-dealer and as they do today, but they will be Net Services receives to the ID Netting the custodian bank must both elect to limited to instructions transmitted Subscriber Deliver Account. If there is participate in the ID Net Service; and (4) through DTC’s Participant Terminal an insufficient ID Net Service credit to The security must be an equity security Service and Participant Browser Service absorb the debit of the ID Net Service eligible for CNS. The following (PTS/PBS) and only on a trade-by-trade delivery to the ID Netting Subscriber securities will not be eligible for the ID basis. Deliveries from the ID Netting Deliver Account for the ID Net Firm, the Net Service: (1) Corporate and Subscriber Receive Account will be system will create an ID Net Service municipal bonds; (2) unit investment attempted in random order until debit that will effectively treat the ID trust issues; (3) new issue securities in approximately 10 a.m. on settlement Net Service debit as a reduction of the their first day of trading; (4) securities date. After that time, the system will ID Net Firm’s net debit cap. The ID Net that are IPO tracked since the use of attempt to complete any of the Service debit will only be used for net omnibus accounts will bypass the deliveries up until 11:30 a.m. in debit cap calculation purposes and will tracking system; (5) securities that are settlement value order with highest not represent a participant’s actual undergoing a mandatory or voluntary value first. ID Net Service transactions settlement balance.7 If the broker has reorganization; (6) securities with a not completed for any reason by 11:30 insufficient collateral or net debit cap, pending CNS buy-in; and (7) Regulation a.m. due to a party’s failure to deliver the transaction will pend until 11:30 SHO securities.6 The trade must be or pass DTC risk controls on settlement a.m. on settlement date.8 affirmed before 9 p.m. on trade date date will be exited from the ID Net plus one (‘‘T+1’’), and the trade must be Service and instead will settle trade-for- 7 Currently, brokers receive market value credit ‘‘regular-way’’ (i.e., scheduled for T+3 trade versus the original clearing broker. for deliveries to CNS if the security is received settlement). versus payment (RVP) or collateral value (collateral Deliveries that do not complete will be value is market value less the DTC haircut) if the After a transaction has been affirmed available for immediate reintroduction delivery to CNS was from securities in their start and deemed eligible for the ID Net from the original clearing broker’s of day position or received for free. With respect to Service, DTC will monitor the ID Net account through a new IMS function at the ID Net Service, the system will no longer Service transaction’s eligibility up until identify if a delivery came from a broker’s RVP 11:30 a.m. Brokers can then create a securities or not, and as such, the system will approximately 8 p.m. on the night of profile to have these deliveries await assume the delivery came from a broker’s start of T+2. If the transaction becomes authorization or to be processed day position. ineligible for any reason, the transaction immediately. Likewise, to the extent that ID Net Firms have a will be exited from the ID Net Service If an ID Net Bank reclaims a net credit for their ID deliveries today, an ID Net Firm’s settlement balance is reduced. Since these processing and will be settled on a transaction from the ID Netting credits will no longer be generated from the ID Net trade-for-trade basis between the ID Net Subscriber Receive Account, the reclaim Firm’s account, it may require the need to fund DTC Firm and the ID Net Bank outside of the will be processed against the applicable intraday to prevent net debit cap blockage. ID Net Service at DTC. ID Net Firm and not against the ID 8 As an example of how DTC risk controls will be Netting Subscriber Receive Account. applied to ID Net Subscribers, assume that 5. Settlement Investment Manager A sells 10 shares of Common 6. DTC Risk Management Control Stock X using ID Net Firm B (a broker). If B sells Upon receipt of the affirmation of an the shares on an exchange for $20, and the trade eligible trade from the Affirming Updates is affirmed and the shares are delivered by A’s Agency, DTC’s IMS System will In order to protect DTC from having Custodian Bank C, then C will receive a credit in DTC for $20 and the ID Netting Subscriber Deliver automate the following: (1) For bank a failure exported from NSCC, updates Account (owned by NSCC as agent for B) will have deliveries, IMS will move the ‘‘original to DTC’s participants’ net debit caps and a DTC debit of $20. In this case, B’s net debit cap clearing broker’’ from the ‘‘receiver’s collateral monitors will be necessary. A will be reduced by $20 and its collateral monitor field’’ to the ‘‘third party field’’ of the ID new ID Net Service collateral monitor is reduced by the net of the $20 debit and the collateral value of the securities (e.g., with a 10 delivery instruction and will replace it and net debit cap balance will be percent haircut the collateral value will be $18), or with a with the ID Netting Subscriber recorded for each ID Net Firm. The ID $2. When the ID Netting Subscriber Deliver Delivery Account and (2) For bank Net Service collateral monitor will Account delivers the shares to CNS, it receives a record the net balance of collateral credit for $20. This credit is offset with the DTC receives, IMS will move the ‘‘original debit of $20 at end-of-day. Additionally, assume A clearing broker’’ from the ‘‘deliverer’s generated for all transactions processed then buys 10 shares of Commons Stock Y through field’’ to the ‘‘third party field’’ of the ID through the ID Net Service. If the B at $30. On the night of T+2, CNS will deliver the delivery instruction and will replace it balance of collateral generated by all ID shares to the ID Netting Subscriber Receive Account Net Service receives and delivers is and that account will be debited in CNS for $30. with the ID Netting Subscriber Receive C will then receive 10 shares of Y from the ID Account. positive, the ID Net Firm’s collateral Netting Subscriber Receive Account. C receives a Custodian banks will still be able to monitor will not be increased by that debit in DTC for $30 and the ID Netting Subscriber exempt or authorize ID deliveries in amount. However, if an ID Net Service Receive Account is credited at DTC for $30. B’s account has its DTC net debit cap increased by $20 IMS before the night cycle as they do transaction requires collateral, the to offset the previous decrease of $20 (for the sale today; and trades that are eligible for ID system will use the ID Net Service of Common Stock X) (and not $30 since the net of Net Service but which are still in a collateral surplus for that ID Net Firm the ID Net receive relating to the sale of Common pending state by 11:30 a.m. on before attempting to use other collateral Stock X above of $20 and the delivery of Common Stock Y for $30 is a $10 credit and B’s net debit settlement date will revert to trade-for- from that ID Net Firm. If there is cap is decremented only when the net balance is insufficient ID Net Service collateral for a debit. C will not receive a net credit, but will 6 Supra note 4. that broker, the system will look to the Continued

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7. NSCC Clearing Fund Offset and modifying this Procedure to clarify that Service will also be recorded on that Mark-to-Market deliveries of the component securities report. for index receipts shall have the same ID Net Service transactions will be (c) Procedure XV (Clearing Fund priority as deliveries to the ID Netting used to offset the balance of any other Formula and Other Matters) CNS transactions and the ‘‘net’’ of those Subscriber Receive Account. transactions will be used for purposes of Any ID Net transactions that cannot Procedure XV will be revised to determining NSCC Clearing Fund be completed will be exited from the ID indicate the exclusion of ID Net Service obligations pursuant to NSCC’s current Net Service and instead will settle trade- transactions from the ID offset process procedures with a revised mark-to- for-trade between the ID Net Firm and for the purposes of calculating the market calculation applicable to ID Net the ID Net Bank (the original volatility component of a subscriber’s Firms. The revised mark-to-market counterparties) at DTC. Clearing Fund requirement. In addition calculation for ID Net Firms will be 9. DTC Fees language will be revised and added with respect to the calculation of mark-to- based on (x) the current CNS mark-to- ID Net Banks and ID Net Firms will market component (which will exclude be charged a reduced DTC ID Net market to reflect the changes to the ID Net transactions) and (y) a mark-to- Service fee of $0.025 for each completed formula as described above. market component calculated with delivery and receive processed versus III. Discussion respect to ID Net Service-related the ID delivery or receive fee of $0.05. positions. However, any positive value For deliveries that are exited from the ID Section 19(b) of the Act directs the derived from either (x) or (y) will be set Net Service, there will not be a ‘‘drop’’ Commission to approve a proposed rule 9 to zero. fee charged. For ID Net Service change of a self-regulatory organization 8. Prioritization deliveries cancelled by ID Net Firms if it finds that such proposed rule from the ID Netting Subscriber Receive change is consistent with the In order to reduce the potential Account, the $0.45 ‘‘pend cancel’’ fee requirements of the Act and the rules number and value of fails in the ID Net will be charged. For ID Net Service and regulations thereunder applicable to Service, deliveries from CNS to the ID deliveries to and from CNS on behalf of such organization. Section 17A(b)(3)(F) Netting Subscriber Receive Account will the ID Net Firms, no fee will be charged. of the Act requires that the rules of a be given a higher delivery priority clearing agency be designed to promote pursuant to the allocation algorithm set 10. NSCC Rulebook Changes the prompt and accurate clearance and forth in NSCC’s Procedure VII (CNS Under the proposed rule change, a settlement of securities transactions.11 Accounting Operation) than other CNS new Rule 65 and Procedure XVI (both DTC and NSCC’s proposed rule changes deliveries with the exception of buy-in titled ‘‘ID Net Service’’) will be added to should promote the prompt and deliveries, corporate action deliveries, NSCC’s Rules, and additional accurate clearance and settlement of and deliveries of component securities conforming changes will be made securities transactions by leveraging the 10 of index receipts. NSCC is also elsewhere throughout NSCC’s Rules to capabilities of the DTC and NSCC provide consistency with the new Rule systems to provide for more streamlined receive an offset of previous ID Net debits with ID 65. These additional changes include Net credits) and the same for its collateral monitor securities deliveries and extend netting which is increased only up to the amount it was the following: benefits and efficiencies to ID debited for ID Net transactions (absent its transactions. participation in the ID Net service, B will have (a) Rule 3 (Lists To Be Maintained) received a $3 credit to the collateral monitor which A subsection will be added to Rule 3 IV. Conclusion equals the net of the $30 credit and the collateral to provide that NSCC will maintain a value of the securities $27 ($30 market value less On the basis of the foregoing, the list of Eligible ID Net Securities and may a 10% haircut)). In this case, B will only receive a Commission finds that the proposed collateral credit of $2, but the ID Net credit balance from time to time add or delete rule changes are consistent with the of $1 will be registered to absorb future ID Net applicable CNS Securities from the list. receives that have a collateral deficiency. If C was requirements of the Act and in at its net debit cap or collateral monitor limit due (b) Procedure VII (CNS Accounting particular Section 17A of the Act and to other receives, the ID Net transaction will recycle Operation) the rules and regulations thereunder. In or pend in the system until the deficiency can be satisfied or until 11:30 a.m., when it will drop out Procedure VII will be revised to approving the proposed rule changes, of ID Net. incorporate the processing of the Commission considered the 9 Similar to the existing CNS mark-to-market transactions in Eligible ID Net Securities proposals’ impact on efficiency, component, the new ID Net Service mark-to-market competition, and capital formation.12 component applicable to ID Net Service into the CNS Accounting Operation. transactions will equal the net of each day’s The revisions will also reflect: (i) That It is therefore ordered, pursuant to difference between the contract price of the Member’s will not be able to exempt Section 19(b)(2) of the Act, that the Member’s net positions relating to ID Net Service deliveries from an ID Netting Subscriber proposed rule changes (File Nos. SR– activity and the current market price for such positions. Account, (ii) the prioritization of ID Net DTC–2007–14 and SR–NSCC–2007–14), For example, if an ID Net Firm has a ‘‘regular’’ Service deliveries and deliveries of the as amended, be and hereby are mark-to-market debit of $500,000 and an ID Net component securities of index receipts approved. Service mark-to-market debit of $100,000, then in the CNS allocation algorithm behind For the Commission by the Division of these debits will be added together and the ID Net deliveries associated with Firm’s total mark-to-market obligation will equal a Trading and Markets, pursuant to delegated 13 debit of $600,000. However, if that same ID Net reorganizations and buy-ins, and (iii) authority. Firm’s ID Net mark-to-market calculation results in that ID Net Service transactions will be Florence E. Harmon, a credit of $100,000, then the value of that credit recorded on the Miscellaneous Activity Acting Secretary. will be set to zero, and therefore the total mark-to- Report on the night of T+2 and removals market will equal a debit $500,000 (i.e., the amount [FR Doc. E8–12667 Filed 6–5–08; 8:45 am] of such transactions from the ID Net of the broker’s regular mark-to-market debit). BILLING CODE 8010–01–P 10 Currently, institutional deliveries processed through the DTC system from ID Net Firms to banks used for such deliveries. Including these 11 may be prioritized by ID Net Firms through IMS transactions in the proposed service allows for the 15 U.S.C. 78q–1(b)(3)(F). and/or through exempting their deliveries to CNS ‘‘automation’’ of such prioritization through the 12 15 U.S.C. 78c(f). in order to ensure that available inventory will be CNS Accounting Operation. 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE regulatory functions of NASD and NYSE places specified in Item IV below. The COMMISSION Regulation, Inc. Release No. 34–56145, Exchange has prepared summaries, set as amended herein, remains in effect as forth in Sections A, B, and C below, of [Release No. 34–56145A; File No. SR– NASD–2007–023 of July 26, 2007, the date it was issued the most significant aspects of such by the Commission. statements. Self-Regulatory Organizations; By the Commission. A. Self-Regulatory Organization’s National Association of Securities Florence E. Harmon, Statement of the Purpose of, and Dealers, Inc. (n/k/a Financial Industry Acting Secretary. Statutory Basis for, the Proposed Rule Regulatory Authority, Inc.); Order [FR Doc. E8–12631 Filed 6–5–08; 8:45 am] Change Approving Proposed Rule Change To BILLING CODE 8010–01–P Amend the By-Laws of NASD To 1. Purpose Implement Governance and Related The Exchange proposes to list and Changes To Accommodate the SECURITIES AND EXCHANGE trade the Shares under NYSE Arca Consolidation of the Member Firm COMMISSION Equities Rule 5.2(j)(3), the Exchange’s Regulatory Functions of NASD and listing standards for Investment NYSE Regulation, Inc. [Release No. 34–57906; File No. SR– Company Units (‘‘ICUs’’).3 NYSEArca–2008–40] The Fund seeks to provide investment May 30, 2008. Self-Regulatory Organizations; NYSE results that correspond generally to the Amended Arca, Inc.; Notice of Filing of Proposed price and yield performance, before fees and expenses, of publicly-traded In Part V of Securities Exchange Act Rule Change Relating to the Listing and Trading of Shares of the NETS securities in the aggregate in the Release No. 56145 (‘‘Release No. 34– Japanese market, as represented by the 56145’’), issued July 26, 2007,1 the Tokyo Stock Exchange REIT Index Fund Tokyo Stock Exchange REIT Index Securities and Exchange Commission (‘‘Underlying Index’’ or ‘‘Index’’). The (‘‘Commission’’) is adding, immediately June 2, 2008. Underlying Index is a market after the following sentence: Pursuant to Section 19(b)(1) of the capitalization weighted index consisting Accordingly, after reviewing the record in Securities Exchange Act of 1934 of stocks of all of the real estate this matter, the Commission believes that (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 investment trusts traded primarily on NASD has provided sufficient basis on which notice is hereby given that on May 22, the Tokyo Stock Exchange. the Commission can find that, under the 2008, NYSE Arca, Inc. (‘‘NYSE Arca’’ or The Exchange is submitting this Exchange Act, NASD complied with its proposed rule change because the Certificate of Incorporation and By-Laws ‘‘Exchange’’), through its wholly owned with respect to the proxy approval process subsidiary, NYSE Arca Equities, Inc. Underlying Index does not meet all of and that the proposed amendments to its By- (‘‘NYSE Arca Equities’’), filed with the the ‘‘generic’’ listing requirements of Laws were properly approved by NASD Securities and Exchange Commission Commentary .01(a)(B) to NYSE Arca members. (‘‘Commission’’) the proposed rule Equities Rule 5.2(j)(3) applicable to the following paragraph: change as described in Items I, II, and listing of ICUs based on international or III below, which Items have been global indexes. The Underlying Index This finding as to NASD compliance and substantially prepared by the Exchange. meets all such requirements except for members’’ approval is not a definitive The Commission is publishing this those set forth in Commentary adjudication under state law, such as a trial 4 court would make after an evidentiary notice to solicit comments on the .01(a)(B)(2). The Exchange represents hearing, regarding the claim that the proxy proposed rule change from interested that: (1) Except for Commentary statement was misleading. Except to the persons. .01(a)(B)(2) to NYSE Arca Equities Rule extent that state law informs the 5.2(j)(3), the Shares currently satisfy all Commission’s finding that, as a federal I. Self-Regulatory Organization’s of the generic listing standards under matter under the Exchange Act, NASD Statement of the Terms of Substance of NYSE Arca Equities Rule 5.2(j)(3); (2) complied with its Certificate of Incorporation the Proposed Rule Change the continued listing standards under and By-Laws with respect to the proxy The Exchange proposes to list and NYSE Arca Equities Rules 5.2(j)(3) and approval process and that the proposed trade shares (‘‘Shares’’) of the NETSTM 5.5(g)(2) applicable to ICUs shall apply amendments to its By-Laws were properly Tokyo Stock Exchange REIT Index Fund to the Shares; and (3) the Trust is approved by NASD members, the 5 Commission is not purporting to decide a (‘‘Fund’’) issued by the NETS Trust required to comply with Rule 10A–3 question of state law. The Commission does (‘‘Trust’’). The text of the proposed rule under the Act for the initial and not intend that its determination regarding change is available at the Exchange, the continued listing of the Shares. In the NASD’s uncontradicted prima facie Commission’s Public Reference Room, addition, the Exchange represents that showing before the Commission that the and http://www.nyse.com. proxy statement was not misleading be 3 An Investment Company Unit is a security that binding on a court in a claim based on state II. Self-Regulatory Organization’s represents an interest in a registered investment law. Statement of the Purpose of, and company that holds securities comprising, or Statutory Basis for, the Proposed Rule otherwise based on or representing an interest in, In adding this clarifying language, the Change an index or portfolio of securities (or holds Commission is not vacating, nullifying securities in another registered investment or rendering void Release No. 34–56145, In its filing with the Commission, the company that holds securities comprising, or Exchange included statements otherwise based on or representing an interest in, which approved NASD’s proposed rule an index or portfolio of securities). See NYSE Arca change to amend the By-Laws of NASD concerning the purpose of, and basis for, Equities Rule 5.2(j)(3)(A). to implement governance and related the proposed rule change and discussed 4 Commentary .01(a)(B)(2) to NYSE Arca Equities changes to accommodate the any comments it received on the Rule 5.2(j)(3) provides that component stocks that proposed rule change. The text of these in the aggregate account for at least 90% of the consolidation of the member firm weight of the index or portfolio each shall have a statements may be examined at the minimum worldwide monthly trading volume 1 See Securities Exchange Act Release No. 56145 during each of the last six months of at least (July 26, 2007), 72 FR 42169 (August 1, 2007) (FR 1 15 U.S.C. 78s(b)(1). 250,000 shares. Doc. E7–14855). 2 17 CFR 240.19b–4. 5 17 CFR 240.10A–3.

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the Shares will comply with all other the volume discrepancies that generally III. Date of Effectiveness of the requirements applicable to ICUs occur between low priced and high Proposed Rule Change and Timing for including, but not limited to, priced stocks 8 and averaging the Commission Action requirements relating to the volume and notional volume over a Within 35 days of the date of dissemination of key information such specific time period (e.g., six months) publication of this notice in the Federal as the Index value and Intraday eliminates seasonal volume fluctuations Register or within such longer period (i) Indicative Value, rules governing the that may occur in the trading volume of as the Commission may designate up to trading of equity securities, trading a particular underlying security 90 days of such date if it finds such hours, trading halts, surveillance, and represented in an index. longer period to be appropriate and Information Bulletin to ETP Holders, as Detailed descriptions of the Fund, the publishes its reason for so finding or (ii) set forth in prior Commission orders Underlying Index, procedures for as to which the Exchange consents, the approving the generic listing rules creating and redeeming Shares, Commission will: applicable to the listing and trading of A. by order approve such proposed ICUs.6 transaction fees and expenses, As of April 11, 2008, there were 41 dividends, distributions, taxes, and rule change, or stocks in the Index. For the period of reports to be distributed to beneficial B. institute proceedings to determine October 2007 up to and including owners of the Shares can be found in whether the proposed rule change March 2008, component stocks that in the Registration Statement 9 or on the should be disapproved. the aggregate accounted for at least 90% Web site for the Fund (http:// IV. Solicitation of Comments of the weight of the Index had a www.netsetfs.com), as applicable. Interested persons are invited to minimum worldwide monthly trading 2. Statutory Basis submit written data, views, and volume of 2,918 shares.7 arguments concerning the foregoing, In view of the high average price of The Exchange believes that the the Index component stocks, as noted including whether the proposed rule proposal is consistent with Section 6(b) change is consistent with the Act. above, the Exchange believes it is 10 of the Act, in general, and Section Comments may be submitted by any of appropriate to use global notional 11 6(b)(5) of the Act, in particular, in that the following methods: volume traded (number of shares traded it is designed to prevent fraudulent and multiplied by price of security) as a manipulative acts and practices, to Electronic Comments measure of the trading activity of such promote just and equitable principles of • Use the Commission’s Internet stocks. For the period of October 2007 trade, to foster cooperation and up to and including March 2008, comment form (http://www.sec.gov/ coordination with persons engaged in rules/sro.shtml); or component stocks that in the aggregate facilitating transactions in securities, • accounted for 93.42% of the weight of Send an e-mail to rule- and to remove impediments to and [email protected]. Please include File the Index each had global notional perfect the mechanism of a free and volume traded per month of at least Number SR–NYSEArca–2008–40 on the open market and a national market subject line. $25,000,000, averaged over the last six system. The Exchange believes that the months. The Exchange believes that proposed rule change will facilitate the Paper Comments averaged notional volume traded is an listing and trading of an additional type • Send paper comments in triplicate appropriate measure of the liquidity of of exchange-traded product that will to Secretary, Securities and Exchange component stocks of the Index. enhance competition among market Commission, 100 F Street, NE., Specifically, notional volume nullifies participants, to the benefit of investors Washington, DC 20549–1090. and the marketplace. 6 See, e.g., Securities Exchange Act Release Nos. All submissions should refer to File 55621 (April 12, 2007), 72 FR 19571 (April 18, B. Self-Regulatory Organization’s Number SR–NYSEArca–2008–40. This 2007) (SR–NYSEArca–2006–86) (approving generic Statement on Burden on Competition file number should be included on the listing standards for ICUs based on international or subject line if e-mail is used. To help the global indexes); 44551 (July 12, 2001), 66 FR 37716 (July 19, 2001) (SR–PCX–2001–14) (approving The Exchange does not believe that Commission process and review your generic listing standards for ICUs and Portfolio the proposed rule change will result in comments more efficiently, please use Depositary Receipts); and 41983 (October 6, 1999), any burden on competition that is not only one method. The Commission will 64 FR 56008 (October 15, 1999) (SR–PCX–98–29) post all comments on the Commission’s (approving rules for the listing and trading of ICUs). necessary or appropriate in furtherance See also email from Michael Cavalier, Associate of the purposes of the Act. Internet Web site (http://www.sec.gov/ General Counsel, NYSE Euronext, to Christopher W. rules/sro.shtml). Copies of the Chow, Special Counsel, Commission, dated June 2, C. Self-Regulatory Organization’s submission, all subsequent 2008. Statement on Comments on the amendments, all written statements 7 During the same period, component stocks that Proposed Rule Change Received From with respect to the proposed rule in the aggregate accounted for at least 90% of the Members, Participants or Others weight of the Index had an average worldwide change that are filed with the monthly trading volume of 16,693 shares. The Commission, and all written Exchange notes, however, that the average price of The Exchange states that written comments on the proposed rule change communications relating to the the Index stocks was extremely high compared to proposed rule change between the prices of stocks included in index ETFs generally. were neither solicited nor received. As of March 31, 2008, the average price of the Commission and any person, other than stocks in the Index was approximately $5,350. The those that may be withheld from the 8 For example, a stock priced at $10 per share that total market capitalization of the Index stocks was public in accordance with the $42,391,307,254 and the average market trades 2,500,000 shares in a month has a notional capitalization of the Index stocks was volume of $25,000,000. Conversely, a stock priced provisions of 5 U.S.C. 552, will be $1,033,934,323. The average market capitalization at $100 per share that trades 250,000 shares in a available for inspection and copying in of the Index stocks in the top 70% of the Index month has a notional volume of $25,000,000. the Commission’s Public Reference 9 weight was $2,015,574,320. There were 15 stocks in See the Trust’s Registration Statement on Form Room, 100 F Street, NE., Washington, the bottom 10% weight of the Index. The highest N–1A, dated February 13, 2008 (File Nos. 333– weighted stock was Nippon Building Fund Inc. 147077 and 811–22140) (‘‘Registration Statement’’). DC 20549, on official business days REIT, which accounted for 16.25% of the Index 10 15 U.S.C. 78f. between the hours of 10 a.m. and 3 p.m. weight. 11 15 U.S.C. 78f(b)(5). Copies of the filing also will be available

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for inspection and copying at the ‘‘Index’’) to Phlx Rule 1101A, Terms of strike price intervals in response to principal office of the Exchange. All Options Contracts, regarding listing customer interest or specialist request. comments received will be posted options at strike price intervals of $2.50 The proposed rule change adds the SIG without change; the Commission does or greater and to Phlx Rule 1104A, SIG KCI Coal Index to the list of indexes in not edit personal identifying Indices, LLLP, regarding disclaimer of Phlx Rule 1101A upon which the information from submissions. You express or implied warranties.5 The text Exchange may list options at $2.50 should submit only information that of the proposed rule change is available strike price intervals. you wish to make available publicly. All at Phlx’s principal office, the Phlx Rule 1104A currently provides submissions should refer to File Commission’s Public Reference Room, that Susquehanna makes no warranty, Number SR–NYSEArca–2008–40 and and http://www.phlx.com. express or implied, as to results to be should be submitted on or before June II. Self-Regulatory Organization’s obtained by any person or entity from 27, 2008. the use of Susquehanna proprietary Statement of the Purpose of, and 8 For the Commission, by the Division of Statutory Basis for, the Proposed Rule indexes, and that Susquehanna makes Trading and Markets, pursuant to delegated Change no express or implied warranties of authority.12 merchantability or fitness for a Florence E. Harmon, In its filing with the Commission, particular purpose for use with respect Phlx included statements concerning Acting Secretary. to any of the named indexes or any data the purpose of, and basis for, the included therein.9 The proposed rule [FR Doc. E8–12705 Filed 6–5–08; 8:45 am] proposed rule change and discussed any BILLING CODE 8010–01–P change expands the coverage of Phlx comments it received on the proposed Rule 1104A to include the Index, as rule change. The text of those required by the License Agreement. statements may be examined at the SECURITIES AND EXCHANGE The Exchange believes that the places specified in Item IV below. The COMMISSION proposal should benefit investors by Exchange has prepared summaries, set effectively encouraging the listing and [Release No. 34–57899; File No. SR–Phlx– forth in sections A, B, and C below, of trading of options on an additional 2008–40] the most significant parts of such Susquehanna index at more precise statements. Self-Regulatory Organizations; strike price intervals, thereby expanding Philadelphia Stock Exchange, Inc.; A. Self-Regulatory Organization’s the availability of appropriate Notice of Filing and Immediate Statement of the Purpose of, and the investment choices for investors. Effectiveness of Proposed Rule Statutory Basis for, the Proposed Rule 2. Statutory Basis Change Relating to Disclaimer of Change The Exchange believes that its Warranties and the Listing of $2.50 1. Purpose proposal is consistent with section 6(b) Strikes for Options on the SIG KCI of the Act,10 in general, and furthers the Coal IndexTM The purpose of the proposed rule change is to amend Phlx Rules 1101A objectives of section 6(b)(5) of the Act,11 June 2, 2008. and 1104A to include the SIG KCI Coal in particular, in that it is designed to Pursuant to section 19(b)(1) of the Index that was recently licensed by SIG foster cooperation and coordination Securities Exchange Act of 1934 Indices, LLLP (‘‘Susquehanna’’) to the with persons engaged in regulating, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Exchange, which would enable the clearing, settling, processing notice is hereby given that on May 23, Exchange to list the index at $2.50 or information with respect to, and 2008, the Philadelphia Stock Exchange, greater strike price intervals and limit facilitating transactions in securities, to Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with Susquehanna’s liability with respect to remove impediments to and perfect the the Securities and Exchange the Index. This proposal should mechanism of a free and open market Commission (‘‘Commission’’) the encourage listing such options at and a national market system, and, in proposed rule change as described in appropriate strike price intervals to the general, to protect investors and the Items I and II below, which Items have benefit of investors and should public interest. The Exchange believes been substantially prepared by Phlx. encourage maintenance of the Index by that the proposed rule change should The Exchange filed the proposal as a Susquehanna so that options overlying ‘‘non-controversial’’ proposed rule the index may be available for trading.6 8 The indexes noted in Phlx Rule 1101A include change pursuant to section Phlx Rule 1101A currently indicates the SIG Investment Managers IndexTM, the SIG Cable, Media & Entertainment IndexTM, the SIG 3 19(b)(3)(A)(iii) of the Act and Rule that the Exchange shall determine fixed Casino Gaming IndexTM, the SIG Semiconductor 19b–4(f)(6) thereunder,4 which renders point strike price intervals for index Equipment IndexTM, the SIG Semiconductor Device it effective upon filing with the options at no less than $5.00, provided IndexTM, the SIG Specialty Retail IndexTM, the SIG Commission. The Commission is that for indexes that are listed in Phlx Steel Producers IndexTM, the SIG Footwear & Athletic IndexTM, the SIG Education IndexTM, the publishing this notice to solicit Rule 1101A the Exchange may SIG Restaurant IndexTM, the SIG Coal Producers comments on the proposed rule change determine to list strike prices at no less IndexTM, and the SIG Energy MLP IndexTM. from interested persons. than $2.50 intervals if the strike price is 9 The Exchange noted in its filing to adopt Phlx less than $200.7 The rule also provides Rule 1104A that the proposed disclaimer was I. Self-Regulatory Organization’s that such options may be traded at $2.50 appropriate given that it was similar to disclaimer Statement of the Terms of Substance of provisions of American Stock Exchange (‘‘AMEX’’) the Proposed Rule Change Rule 902C relating to indexes underlying options 5 The SIG Indexes noted herein are trademarks of listed on that exchange. See Securities Exchange Phlx proposes to add the SIG KCI Coal SIG Indices, LLLP. Act Release No. 48135 (July 7, 2003), 68 FR 42154 IndexTM (‘‘SIG KCI Coal Index’’ or 6 The Exchange has recently entered into a (July 16, 2003) (approving SR–Phlx–2003–21). The licensing agreement with Susquehanna that would, Exchange has proposed amendments similar to the among other things, allow the Exchange to list and current proposal to include a new index in Phlx 12 17 CFR 200.30–3(a)(12). trade options on the SIG KCI Coal IndexTM Rule 1104A. See Securities Exchange Act Release 1 15 U.S.C. 78s(b)(1). (‘‘License Agreement’’). No. 51664 (May 6, 2005), 70 FR 25641 (May 13, 2 17 CFR 240.19b–4. 7 See Securities Exchange Act Release No. 54973 2005) (SR–Phlx–2005–24). 3 15 U.S.C. 78s(b)(3)(A)(iii). (December 20, 2006), 71 FR 78252 (December 28, 10 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(6). 2006) (SR–Phlx–2006–82). 11 15 U.S.C. 78f(b)(5).

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encourage SIG Indices, LLLP to Commission designates the proposal to the principal office of Phlx. All continue maintaining indexes upon be effective and operative upon filing comments received will be posted which options may be traded on the with the Commission.16 without change; the Commission does Exchange, thereby providing investors At any time within 60 days of the not edit personal identifying with enhanced investment filing of such proposed rule change, the information from submissions. You opportunities. Commission may summarily abrogate should submit only information that such rule change if it appears to the you wish to make available publicly. B. Self-Regulatory Organization’s Commission that such action is Statement on Burden on Competition All submissions should refer to File necessary or appropriate in the public Number SR–Phlx–2008–40 and should The Exchange does not believe that interest, for the protection of investors, be submitted on or before June 27, 2008. the proposed rule change will impose or otherwise in the furtherance of the any burden on competition that is not For the Commission, by the Division of purposes of the Act. Trading and Markets, pursuant to delegated necessary or appropriate in furtherance authority.17 of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to Florence E. Harmon, C. Self-Regulatory Organization’s submit written data, views, and Acting Secretary. Statement on Comments on the arguments concerning the foregoing, [FR Doc. E8–12687 Filed 6–5–08; 8:45 am] Proposed Rule Change Received From including whether the proposed rule BILLING CODE 8010–01–P Members, Participants, or Others change is consistent with the Act. No written comments were either Comments may be submitted by any of solicited or received. the following methods: SMALL BUSINESS ADMINISTRATION III. Date of Effectiveness of the Electronic Comments [Disaster Declaration # 11264 and # 11265] Proposed Rule Change and Timing for • Use the Commission’s Internet Commission Action comment form (http://www.sec.gov/ Iowa Disaster Number IA–00015 Because the foregoing proposed rule rules/sro.shtml); or AGENCY: U.S. Small Business change does not: (1) Significantly affect • Send an e-mail to rule- Administration. the protection of investors or the public [email protected]. Please include File interest; (2) impose any significant Number SR–Phlx–2008–40 on the ACTION: Amendment 1. burden on competition; and (3) become subject line. SUMMARY: This is an amendment of the operative for 30 days from the date on Paper Comments Presidential declaration of a major which it was filed, or such shorter time disaster for the State of Iowa (FEMA– as the Commission may designate if • Send paper comments in triplicate 1763–DR), dated 05/27/2008. consistent with the protection of to Secretary, Securities and Exchange Incident: Severe Storms, Tornadoes, investors and the public interest, it has Commission, 100 F Street, NE., become effective pursuant to section Washington, DC 20549–1090. and Flooding. 19(b)(3)(A) of the Act 12 and Rule 19b– All submissions should refer to File Incident Period: 05/25/2008 and 4(f)(6) thereunder.13 Number SR–Phlx–2008–40. This file continuing. A proposed rule change filed under number should be included on the EFFECTIVE DATE: 05/30/2008. Rule 19b–4(f)(6) normally may not subject line if e-mail is used. To help the Physical Loan Application Deadline become operative prior to 30 days after Commission process and review your Date: 07/28/2008. the date of filing.14 However, Rule 19b– comments more efficiently, please use EIDL Loan Application Deadline Date: 4(f)(6) 15 permits the Commission to only one method. The Commission will 02/27/2009. designate a shorter time if such action post all comments on the Commission’s ADDRESSES: Submit completed loan is consistent with the protection of Internet Web site (http://www.sec.gov/ applications to: U.S. Small Business investors and the public interest. Phlx rules/sro.shtml). Copies of the Administration, Processing and has requested that the Commission submission, all subsequent Disbursement Center, 14925 Kingsport waive the 30-day operative delay. The amendments, all written statements Road, Fort Worth, TX 76155. Commission believes that granting this with respect to the proposed rule FOR FURTHER INFORMATION CONTACT: A. request is consistent with the protection change that are filed with the Escobar, Office of Disaster Assistance, of investors and the public interest Commission, and all written U.S. Small Business Administration, because it will allow the Exchange to communications relating to the 409 3rd Street, SW., Suite 6050, offer additional strike prices for options proposed rule change between the Washington, DC 20416. on the SIG KCI Coal Index to investors Commission and any person, other than without delay. For this reason, the those that may be withheld from the SUPPLEMENTARY INFORMATION: The notice public in accordance with the of the Presidential disaster declaration 12 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be for the State of IOWA, dated 05/27/2008 13 17 CFR 240.19b–4(f)(6). When filing a proposed available for inspection and copying in is hereby amended to include the rule change pursuant to Rule 19b–4(f)(6) under the the Commission’s Public Reference following areas as adversely affected by Act, an Exchange is required to give the the disaster: Commission written notice of its intent to file the Room, 100 F Street, NE., Washington, proposed rule change, along with a brief description DC 20549, on official business days Primary Counties: (Physical Damage and and text of the proposed rule change, at least five between the hours of 10 a.m. and 3 p.m. Economic Injury Loans): Black business days prior to the date of filing of the Hawk, Buchanan. proposed rule change, or such shorter time as Copies of such filing also will be designated by the Commission. The Exchange available for inspection and copying at Contiguous Counties: (Economic Injury provided notice to the Commission two business Loans Only): days prior to filing the proposed rule change, and 16 For the purposes only of waiving the operative Iowa: Benton, Clayton, Delaware, the Commission has determined to waive the five date of this proposal, the Commission has Fayette, Linn, Tama. business day requirement. considered the proposed rule’s impact on 14 17 CFR 240.19b–4(f)(6)(iii). efficiency, competition, and capital formation. See 15 Id. 15 U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12).

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All other information in the original (Catalog of Federal Domestic Assistance (Catalog of Federal Domestic Assistance declaration remains unchanged. Number 59008) Number 59008) (Catalog of Federal Domestic Assistance James E. Rivera, James E. Rivera, Numbers 59002 and 59008) Acting Associate Administrator for Disaster Acting Associate Administrator for Disaster James E. Rivera, Assistance. Assistance. Acting Associate Administrator for Disaster [FR Doc. E8–12759 Filed 6–5–08; 8:45 am] [FR Doc. E8–12743 Filed 6–5–08; 8:45 am] Assistance. BILLING CODE 8025–01–P BILLING CODE 8025–01–P [FR Doc. E8–12757 Filed 6–5–08; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION DEPARTMENT OF STATE

SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 11271] [Public Notice 6250] [Disaster Declaration # 11272] Nebraska Disaster # NE–00019 Certification Related to Guatemalan Armed Forces Under Section 672 of Iowa Disaster # IA–00016 AGENCY: U.S. Small Business the Department of State, Foreign AGENCY: U.S. Small Business Administration. Operations and Related Programs Administration. ACTION: Notice. Appropriations Act, 2008 (Div. J, Pub. ACTION: Notice. L. 110–161) SUMMARY: This is a Notice of the SUMMARY: This is a Notice of the Presidential declaration of a major Pursuant to the authority vested in me Presidential declaration of a major disaster for Public Assistance Only for as Deputy Secretary of State, including disaster for Public Assistance Only for the State of Nebraska (FEMA–1765–DR), under Section 672 of the Department of the State of Iowa (FEMA–1763–DR), dated 05/30/2008. State, Foreign Operations, and Related dated 05/27/2008. Incident: Severe Storms, Tornadoes, Programs Appropriations Act, 2008 Incident: Severe Storms, Tornadoes, and Flooding. (Div. J, Pub. L. 110–161) (‘‘the Act’’) and and Flooding Incident Period: 04/23/2008 through Delegation of Authority No. 245, I Incident Period: 05/25/2008 and 04/26/2008. hereby certify that: continuing. EFFECTIVE DATE: 05/30/2008. (A) The Guatemalan Air Force, Navy EFFECTIVE DATE: 05/27/2008. Physical Loan Application Deadline and Army Corps of Engineers are Physical Loan Application Deadline Date: 07/29/2008. respecting human rights; (B) the Guatemalan Air Force, Navy, Date: 07/28/2008. ADDRESSES: Submit completed loan and Army Corps of Engineers are ADDRESSES: Submit completed loan applications to: U.S. Small Business cooperating with civilian judicial applications to: U.S. Small Business Administration, Processing and investigations and prosecutions of Administration, Processing and Disbursement Center, 14925 Kingsport current and retired military personnel Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. Road, Fort Worth, TX 76155. who have been credibly alleged to have FOR FURTHER INFORMATION CONTACT: A. FOR FURTHER INFORMATION CONTACT: A. committed violations of human rights; Escobar, Office of Disaster Assistance, and Escobar, Office of Disaster Assistance, U.S. Small Business Administration, U.S. Small Business Administration, (C) the Guatemalan Armed Forces are 409 3rd Street, SW., Suite 6050, fully cooperating (including access for 409 3rd Street, SW., Suite 6050, Washington, DC 20416. Washington, DC 20416. investigators, the provision of SUPPLEMENTARY INFORMATION: Notice is documents and other evidence, and SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the testimony of witnesses) with the hereby given that as a result of the President’s major disaster declaration on Commission Against Impunity in President’s major disaster declaration on 05/30/2008, Private Non-Profit Guatemala. 05/27/2008, Private Non-Profit organizations that provide essential This Certification shall be published organizations that provide essential services of a governmental nature may in the Federal Register and copies shall services of a governmental nature may file disaster loan applications at the be transmitted to the appropriate file disaster loan applications at the address listed above or other locally committees of Congress. address listed above or other locally announced locations. Dated: May 22, 2008. announced locations. The following areas have been The following areas have been John D. Negroponte, determined to be adversely affected by determined to be adversely affected by the disaster: Deputy Secretary of State, Department of the disaster: State. Primary Counties: Black Hawk, Primary Counties: Gage, Johnson, [FR Doc. E8–12722 Filed 6–5–08; 8:45 am] Morrill, Nemaha, Pawnee. Buchanan, Butler, Delaware. BILLING CODE 4710–29–P The Interest Rates are: The Interest Rates are:

Percent Percent DEPARTMENT OF STATE

Other (Including Non-Profit Orga- Other (Including Non-Profit Orga- [Public Notice 6249] nizations) With Credit Available nizations) With Credit Available Elsewhere ...... 5.250 Elsewhere ...... 5.250 Advisory Committee International Businesses and Non-Profit Orga- Businesses and Non-Profit Orga- Postal and Delivery Services nizations Without Credit Avail- nizations Without Credit Avail- able Elsewhere ...... 4.000 able Elsewhere ...... 4.000 AGENCY: Department of State. ACTION: Notice; FACA Committee The number assigned to this disaster The number assigned to this disaster meeting announcement. for physical damage is 11272. for physical damage is 11271.

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SUMMARY: As required by the Federal Dated: May 29, 2008. intermediate points to any point or Advisory Committee Act, Public Law Dennis M. Delehanty, points in the United States and beyond; 92–463, the Department of State gives Foreign Affairs Officer, Department of State. (b) foreign charter air transportation of notice of the second meeting of the [FR Doc. E8–12724 Filed 6–5–08; 8:45 am] persons, property, and mail between Advisory Committee on International BILLING CODE 4710–19–P any point or points in the United States Postal and Delivery Services. This and any point or points in any Member Committee has been formed in State of the European Common Aviation fulfillment of the provisions of the 2006 DEPARTMENT OF TRANSPORTATION Area; (c) foreign charter cargo air Postal Accountability and Enhancement transportation between any point or Act (Pub. L. 109–435) and in accordance Office of the Secretary points in the United States and any with the Federal Advisory Committee other point or points; (d) other Act. Notice of Applications for Certificates passenger charters pursuant to the prior Public input: Any member of the of Public Convenience and Necessity approval requirements set forth in Part public interested in providing public and Foreign Air Carrier Permits Filed 212 of the Department’s economic input to the meeting should contact Mr. Under Subpart B (formerly Subpart Q) regulations; and (e) charter Chris Wood, whose contact information During the Week Ending January 18, transportation authorities consistent is listed under FOR FURTHER INFORMATION 2008 with any future, additional rights that may be granted to foreign air carriers of CONTACT section of this notice. Each The following Applications for the Member States of the European individual providing oral input is Certificates of Public Convenience and Community. requested to limit his or her comments Necessity and Foreign Air Carrier to five minutes. Requests to be added to Permits were filed under Subpart B Renee V. Wright, the speaker list must be received in (formerly Subpart Q) of the Department Program Manager, Docket Operations, writing (letter, e-mail or fax) prior to the of Transportation’s Procedural Federal Register Liaison. close of business on June 13, 2008; Regulations (See 14 CFR 301.201 et [FR Doc. E8–12788 Filed 6–5–08; 8:45 am] written comments from members of the seq.). The due date for Answers, BILLING CODE 4910–9X–P public for distribution at this meeting Conforming Applications, or Motions to must reach Mr. Wood by letter, e-mail Modify Scope are set forth below for or fax by this same date. each application. Following the Answer DEPARTMENT OF TRANSPORTATION Meeting agenda: The agenda of the period DOT may process the application meeting will include information about by expedited procedures. Such Office of the Secretary U.S. participation in the 24th UPU procedures may consist of the adoption Congress in Geneva, for example, the of a show-cause order, a tentative order, Aviation Proceedings, Agreements Congress calendar, U.S. proposals, or in appropriate cases a final order Filed the Week Ending January 18, major decisions expected and the views without further proceedings. 2008 of Consultative Committee members on Docket Number: DOT–OST–2008– the issues to be considered by Congress. The following Agreements were filed 0026. with the Department of Transportation DATES: June 17, 2008 from 2 p.m. to Date Filed: January 16, 2008. under the sections 412 and 414 of the Due Date for Answers, Conforming about 5 p.m. (open to the public). Federal Aviation Act, as amended (49 Applications, or Motion to Modify Location: Room 1107, Department of U.S.C. 1382 and 1384) and procedures Scope: February 11, 2008. State, 2201 C Street, NW., Washington, governing proceedings to enforce these DC 20520. Individuals attending the Description: Application of Air Italy S.p.A. requesting a foreign air carrier provisions. Answers may be filed within Committee meeting should enter the 21 days after the filing of the State Department at the C Street permit authorizing (i) the carriage of international charter air traffic of application. entrance, where photo identification Docket Number: DOT–OST–2008– will be required to be displayed to passengers and their accompanying baggage and/or cargo between any point 0020. Diplomatic Security before entering the Date Filed: January 14, 2008. building. One of the following forms of or points in the Republic of Italy and any point or points in the territory of the Parties: Members of the International valid photo identification will be Air Transport Association. required for admission to the State United States; and between any point or Subject: TC31 North & Central Pacific, Department building: U.S. driver’s points in the United States and any Japan-North America, Caribbean, (Memo license, U.S. Government identification point or points in any third country or 0430), Intended effective date: 1 April card, or any valid passport. Members of countries; and (ii) such other charter 2008. the public interested in attending this trips in foreign air transportation. meeting are invited to pre-register by Docket Number: DOT–OST–2007– Docket Number: DOT–OST–2008– sending their information including 28129 and DOT–OST–2008–0022. 0027. Name, Date of Birth, and an Date Filed: January 14, 2008. Date Filed: January 17, 2008. Identification number (U.S. driver’s Due Date for Answers, Conforming Parties: Members of the International license, U.S. Government identification Applications, or Motion to Modify Air Transport Association. card, or Passport) to Mr. Chris Wood. Scope: February 4, 2008. Subject: Finally Adopted Resolutions Description: Application of Oy Air This will expedite entrance into the For Expedited Effectiveness. Intended Finland, Ltd. requesting an amended building. effective date: March 1, 2008 unless foreign air carrier permit and an otherwise indicated. FOR FURTHER INFORMATION CONTACT: exemption to engage in: (a) Foreign Christopher Wood, Office of Technical charter air transportation of persons, Renee V. Wright, Specialized Agencies (IO/T), Bureau of property and mail from any point or Program Manager, Docket Operations, International Organization Affairs, U.S. points behind any Member State of the Federal Register Liaison. Department of State, at (202) 647–1044, European Community via any point or [FR Doc. E8–12784 Filed 6–5–08; 8:45 am] [email protected]. points in any Member State and via BILLING CODE 4910–9X–P

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DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time Federal agency actions on the highway or to the Docket Management Facility in project will be barred unless the claim Federal Aviation Administration Room W12–140 of the West Building is filed on or before December 3, 2008. Ground Floor at 1200 New Jersey If the Federal law that authorizes [Summary Notice No. PE–2008–24] Avenue, SE., Washington, DC, between judicial review of a claim provides a Petition for Exemption; Summary of 9 a.m. and 5 p.m., Monday through time period of less than 180 days for Petition Received Friday, except Federal holidays. filing such claim, then that shorter time FOR FURTHER INFORMATION CONTACT: period still applies. AGENCY: Federal Aviation Kenna Sinclair (425) 227–1556, FOR FURTHER INFORMATION CONTACT: Mr. Administration (FAA), DOT. Transport Airplane Directorate, ANM– David Scott, Federal Highway ACTION: Notice of petition for exemption 113, Federal Aviation Administration, Administration, 525 Junction Road, received. 1601 Lind Avenue SE., Renton, WA Suite 8000, Madison, Wisconsin 53717; 98055–4056; or Fran Shaver (202) 267– telephone: (608) 829–7522, e-mail: SUMMARY: This notice contains a 9681, Office of Rulemaking (ARM–200), [email protected]. The FHWA summary of a petition seeking relief Federal Aviation Administration, 800 Wisconsin Division’s normal office from specified requirements of 14 CFR. Independence Avenue, SW., hours are 7 a.m. to 4 p.m. (central time). The purpose of this notice is to improve Washington, DC 20591. This notice is For the Wisconsin Department of the public’s awareness of, and published pursuant to 14 CFR 11.85. Transportation: Mr. Roberto Gutierrez, participation in, this aspect of FAA’s Issued in Washington, DC, on June 2, 2008. Wisconsin Department of regulatory activities. Neither publication Transportation, 141 NW. Barstow Street, Eve Taylor-Adams, of this notice nor the inclusion or Waukesha, Wisconsin 53188; telephone: omission of information in the summary Acting Director, Office of Rulemaking. (414) 548–5622; e-mail: is intended to affect the legal status of Petition for Exemption [email protected]. the petition or its final disposition. Docket No.: FAA–2008–0260. SUPPLEMENTARY INFORMATION: Notice is DATES: Comments on this petition must hereby given that FHWA has taken final identify the petition docket number Petitioner: Bombardier. agency actions subject to 23 U.S.C. involved and must be received on or Section of 14 CFR Affected: §§ 26.43, 139(l)(1) by issuing licenses, permits, before June 26, 2008. 26.45, and 26.49. Description of Relief Sought: The and approvals for the following highway ADDRESSES: You may send comments petitioner is requesting an exemption project in the States of Wisconsin and identified by Docket Number FAA– from certain requirements of part 26 that Illinois: A range of alternatives to meet 2008–0260 using any of the following require a design approval holder to the transportation needs were evaluated, methods: and FHWA selected the Safety and • develop and make available to operators Government-wide rulemaking Web lists of fatigue critical structure, damage Design Improvements with Added site: Go to http://www.regulations.gov tolerance inspections for repairs and Capacity Alternative. The actions taken and follow the instructions for sending alterations, and repair evaluation by FHWA, and the laws under which your comments electronically. such actions were taken, are described • guidelines. The affected airplane model Mail: Send comments to the Docket is Short Brothers PLC SD3–60. in the Final Environmental Impact Management Facility; U.S. Department Statement (FEIS) for the project, [FR Doc. E8–12675 Filed 6–5–08; 8:45 am] of Transportation, 1200 New Jersey approved on March 25, 2008 (FHWA– Avenue, SE., West Building Ground BILLING CODE 4910–13–P WI–EIS–07–01–F), in the FHWA Record Floor, Room W12–140, Washington, DC of Decision (ROD) issued on May 30, 20590. 2008, and in other documents in the • DEPARTMENT OF TRANSPORTATION Fax: Fax comments to the Docket FHWA or WisDOT project records. The Management Facility at 202–493–2251. FEIS, ROD, and other project records are • Federal Highway Administration Hand Delivery: Bring comments to available by contacting FHWA or the Docket Management Facility in Notice of Final Federal Agency Actions WisDOT at the addresses provided Room W12–140 of the West Building on the I–94 North-South Corridor Study above. The FHWA FEIS and ROD can Ground Floor at 1200 New Jersey in Wisconsin and Illinois also be viewed at the project Web site Avenue, SE., Washington, DC, between at http://www.sefreeways.org or at 9 a.m. and 5 p.m., Monday through AGENCY: Federal Highway WisDOT’s Waukesha office. This notice Friday, except Federal holidays. Administration (FHWA), DOT. applies to all Federal agency decisions Privacy: We will post all comments ACTION: Notice of Limitation on Claims as of the issuance date of this notice and we receive, without change, to http:// for Judicial Review of Actions by all laws under which such actions were www.regulations.gov, including any FHWA. taken, including by not limited to: personal information you provide. 1. General: National Environmental Using the search function of our docket SUMMARY: This notice announces actions Policy Act (NEPA) [42 U.S.C. 4321– Web site, anyone can find and read the taken by the FHWA that are final within 4351]; Federal-Aid Highway Act comments received into any of our the meaning of 23 U.S.C. 139(l)(1). The (FAHA) [23 U.S.C. 109 and 23 U.S.C. dockets, including the name of the actions relate to the I–94 North-South 128]. individual sending the comment (or Corridor Study in Lake County, Illinois, 2. Air: Clean Air Act [42 U.S.C. 7401– signing the comment for an association, and Kenosha, Racine and Milwaukee 7671(q)]. business, labor union, etc.). You may Counties, Wisconsin. Those actions 3. Land: Section 4(f) of the review DOT’s complete Privacy Act grant licenses, permits, and approvals Department of Transportation Act of Statement in the Federal Register for the project. 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. published on April 11, 2000 (65 FR DATES: By this notice, the FHWA is 4. Wildlife: Endangered Species Act 19477–78). advising the public of final agency [16 U.S.C. 1531–1544 and section 1536]; Docket: To read background actions subject to 23 U.S.C. 139(l)(1). A Fish and Wildlife Coordination Act [16 documents or comments received, go to claim seeking judicial review of the U.S.C. 661–667(d)].

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5. Historic and Cultural Resources: Availability of a Final Environmental Notice is hereby given that the Section 106 of the National Historic Impact Statement (EIS). Department of Veterans Affairs (VA) is Preservation Act of 1966, as amended deleting a system of records entitled [16 U.S.C. 470(f) et seq.]; Archeological SUMMARY: The Section of Environmental ‘‘Integrated Data Communications Resources Protection Act of 1977 [16 Analysis (SEA) issued the Final EIS in Utility Network Management Data Base’’ U.S.C. 470(aa)–470(ll)]; Archeological the above-captioned proceeding on May (78VA331), which was first published at and Historic Preservation Act [16 U.S.C. 30, 2008, and published a notice of 55 FR 22137 dated May 31, 1990, and 469–469(c)]; Native American Grave availability of the Final EIS in the revised at 58 FR 57673 dated October Protection and Repatriation Act [25 Federal Register on the same day. It has 26, 1993. The system of records known U.S.C. 3001–3013]. come to our attention that a statement as Integrated Data Communications on page 2 of the notice of availability is 6. Social and Economic: Civil Rights Utility (IDCU) Network Management incorrect. Act of 1964 [42 U.S.C. 2000d)– Data Base is obsolete. The information Therefore, we will strike this 2000(d)(1)]; Farmland Protection Policy was initially developed as a means to Act [7 U.S.C. 4201–4209]. language: track and manage information regarding 7. Executive Orders: E.O. 12898, Parties who wish to file an individuals who were authorized access Federal Actions to Address administrative appeal of the Board’s to the IDCU or the network management Environmental Justice in Minority final decision may do so in writing Populations and Low Income within 30 days from the publication of resources of the IDCU. The requirement Population; E.O. 13007, Indian Sacred the notice of the FEIS. * * * [T]he for VA to maintain this system of Sites. deadline for filing administrative records no longer exists because the (Catalog of Federal Domestic Assistance appeals will be July 7, 2008. IDCU no longer operates within the Program Number 20.205, Highway Planning And replace it with: Department of Veterans Affairs. IDCU and Construction. The regulations Parties who wish to file an records have not been amended nor implementing Executive Order 12372 added in several years and, due to regarding intergovernmental consultation on administrative appeal of the Board’s final decision may do so in writing mandatory routine destruction, in Federal programs and activities apply to this accordance with applicable records program.) within 20 days of the service date of the disposition authority, no records exist Authority: 23 U.S.C. 139(l)(1). Board’s final decision. Please correct your copies in the system. Issued on: June 2, 2008. accordingly. A ‘‘Report of Intention To Publish a Allen Radliff, By the Board, Victoria Rutson, Chief, Federal Register Notice of Deletion of a Division Administrator, Wisconsin Division. Section of Environmental Analysis. System of Records’’ and an advance [FR Doc. E8–12674 Filed 6–5–08; 8:45 am] Decided: June 3, 2008. copy of the system notice have been BILLING CODE 4910–RY–P Anne K. Quinlan, provided to the appropriate congressional committees and to the Acting Secretary. Director, Office of Management and DEPARTMENT OF TRANSPORTATION [FR Doc. E8–12668 Filed 6–5–08; 8:45 am] Budget (OMB), as required by 5 U.S.C. BILLING CODE 4915–01–P 552a(r) and guidelines issued by OMB Surface Transportation Board (65 FR 77677), dated December 12, [STB Finance Docket No. 34284] 2000. DEPARTMENT OF VETERANS Southwest Gulf Railroad Company— This system deletion is effective June AFFAIRS Construction and Operation 6, 2008. Exemption—in Medina County, TX Privacy Act of 1974; Deletion of Approved: May 20, 2008. AGENCY: Surface Transportation Board, System of Records Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. DOT. AGENCY: Department of Veterans Affairs. ACTION: Notice of Correction to the [FR Doc. E8–12690 Filed 6–5–08; 8:45 am] ACTION: Notice. Federal Register Notice Announcing the BILLING CODE 8320–01–P

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Part II

Nuclear Regulatory Commission 10 CFR Parts 170 and 171 Revision of Fee Schedules; Fee Recovery for FY 2008; Final Rule

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NUCLEAR REGULATORY problems in accessing the documents recover generic and other regulatory COMMISSION located in ADAMS, contact the NRC costs not otherwise recovered through PDR reference staff at 1–899–397–4209, 10 CFR part 170 fees. 10 CFR Parts 170 and 171 or 301–415–4737, or by e-mail to In accordance with OBRA–90, as RIN: 3150–AI28 [email protected]. amended, $29.4 million of the budgeted FOR FURTHER INFORMATION CONTACT: resources associated with generic [NRC–2008–0080] Renu Suri, telephone 301–415–0161; homeland security activities are Revision of Fee Schedules; Fee Office of the Chief Financial Officer, excluded from the NRC’s fee base in FY Recovery for FY 2008 U.S. Nuclear Regulatory Commission, 2008. This legislative provision was Washington, DC 20555–0001. discussed in the NRC’s FY 2006 AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION: proposed and final fee rules (71 FR Commission. 7349, February 10, 2006; 71 FR 30721, I. Background ACTION: Final rule. II. Response to Comments May 30, 2006). These funds cover III. Final Action generic activities that support an entire SUMMARY: The Nuclear Regulatory IV. Voluntary Consensus Standards license fee class or classes of licensees Commission (NRC) is amending the V. Environmental Impact: Categorical such as rulemakings and guidance licensing, inspection, and annual fees Exclusion development. Under the authority of the charged to its applicants and licensees. VI. Paperwork Reduction Act Statement IOAA, the NRC will continue to bill The amendments are necessary to VII. Regulatory Analysis under part 170 for all licensee-specific VIII. Regulatory Flexibility Analysis implement the Omnibus Budget homeland security-related services Reconciliation Act of 1990 (OBRA–90), IX. Backfit Analysis X. Congressional Review Act provided, including security inspections as amended, which requires that the and security plan reviews. NRC recover approximately 90 percent I. Background The amount of the NRC’s required fee of its budget authority in fiscal year (FY) The NRC is required each year, under collections is set by law, and is therefore 2008, less the amounts appropriated OBRA–90, as amended, (42 U.S.C. 2214) outside the scope of this rulemaking. In from the Nuclear Waste Fund (NWF), to recover approximately 90 percent of FY 2008, the NRC’s total fee recovery amounts appropriated for Waste its budget authority, less the amounts amount increased by $109.8 million Incidental to Reprocessing (WIR) appropriated from the NWF, amounts from FY 2007, mostly in response to activities, and amounts appropriated for appropriated for WIR, and amounts increased workload for new reactor generic homeland security activities. appropriated for generic homeland licensing activities. The FY 2008 budget The required fee recovery amount for security activities (‘‘non-fee items’’), was allocated to the fee classes that the the FY 2008 budget is approximately through fees to NRC licensees and budgeted activities support. As such, $779.1 million. After accounting for applicants. The 10 percent exclusion the annual fees for reactor licensees carryover and billing adjustments, the from fee recovery in NRC’s annual increased. The annual fees for most total amount to be billed as fees is appropriation is to pay for the costs of other licensees decreased due to approximately $760.7 million. agency activities that do not provide a reductions in budgeted resources DATES: Effective Date: August 5, 2008. direct benefit to NRC licensees, such as allocated to the fee classes. Another ADDRESSES: The comments received on international assistance and Agreement factor affecting the amount of annual the proposed rule and the NRC’s work State activities under section 274 of the fees for each fee class is the estimated papers that support these final changes Atomic Energy Act of 1954, as amended. collection under part 170. The annual to 10 CFR parts 170 and 171 are The NRC’s required fee recovery amount fee amounts in the FY 2008 final fee available from the following locations: for the FY 2008 budget is approximately rule are lower than those in the Federal e-Rulemaking Portal: Go to $779.1 million, which is decreased by proposed rule primarily due to the http://www.regulations.gov and search approximately $18.4 million to account increase in part 170 revenue estimates for documents filed under Docket ID for billing adjustments (i.e., carryover for all fee classes. [NRC–2008–0080]. For further from prior year, expected unpaid information about this site, contact Ms. invoices, payments for prior year II. Response to Comments Carol Gallagher, 301–415–5905; e-mail invoices), resulting in a total of The NRC published the FY 2008 [email protected]. approximately $760.7 million to be proposed fee rule on February 13, 2008 NRC’s Public Document Room (PDR): billed as fees in FY 2008. (73 FR 8507) to solicit public comment The public may examine and have The NRC assesses two types of fees to on its proposed revisions to 10 CFR copied for a fee publicly available meet the requirements of OBRA–90, as parts 170 and 171. The NRC received documents at the NRC’s PDR, Public amended. First, license and inspection seven comments by the close of the File Area O–1 F21, One White Flint fees, established in 10 CFR part 170 comment period (March 14, 2008). The North, 11555 Rockville Pike, Rockville, under the authority of the Independent comments have been grouped by issue Maryland. Offices Appropriation Act of 1952 and are addressed in a collective NRC’s Agency Wide Document Access (IOAA), 31 U.S.C. 9701, recover the response. and Management System (ADAMS): NRC’s costs of providing special Publicly available documents created or benefits to identifiable applicants and A. Specific Part 170 Issue received at the NRC after November 1, licensees. Examples of the services 1. Direct Hours Per FTE 1998, are available electronically at the provided by the NRC for which these NRC’s electronic Reading Room at fees are assessed are the review of Comment. Some commenters http://www.nrc.gov/reading-rm/ applications for new licenses and the requested a better explanation for the adams.html. From this page, the public review of renewal applications, the decrease in efficiency for the time, FY can gain entry into ADAMS, which review of amendment requests, and 2005 to FY 2008. NRC used 1,371 direct provides text and image files of NRC’s inspections. Second, annual fees hours per FTE for calculation of hourly public documents. If you do not have established in 10 CFR part 171 under rates in FY 2008 compared with 1,446 access to ADAMS or if there are the authority of OBRA–90, as amended, direct hours per FTE in FY 2005.

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Response. The purpose of the FY 2008 are not within the scope of this Response. In response to the fee rulemaking, as with prior year fee rulemaking. comments on the explanation of rulemakings, is to establish fees in a fair increases in the budget for the new 2. Agreement State Activities and transparent manner to recover the reactor work from FY 2007 to FY 2008 required portion of the NRC’s budget. Comment. Some commenters and decreases in non-fee items, the NRC The estimate of the direct staff hours per requested more discussion of the fee reiterates that the purpose of this FTE used for the calculation of the impact to NRC licensees once additional rulemaking is to establish fees to recover hourly rate was revised based on data states beyond the Commonwealth of most of the NRC’s budget, as required by retrieved from NRC’s time and labor Pennsylvania become Agreement States. OBRA–90, as amended. The NRC’s system data. This revised estimate budget and the manner in which the Response. In response to concerns reflects changes that are taking place NRC carries out its activities are not regarding decreasing numbers of NRC with the NRC’s workforce. within the scope of this rulemaking. The licensees in light of more states NRC’s budget is submitted to the Office In response to the comment on the becoming Agreement States, the NRC lower estimated direct staff hours per of Management and Budget (OMB) and notes that the fee calculation Congress for review and approval. The FTE in FY 2008 as compared with FY methodology considers the percentage 2005, the estimate is a reflection of the Congressionally approved budget of licensees in Agreement States in resulting from this process contains the increase in retirements of more establishing fees for the materials users experienced NRC staff and the increase NRC resources that must be allocated fee class. As explained in the proposed and then recovered through assessment in hiring of new staff to fill these fee rule, the budgeted resources vacancies. In addition, the NRC is also of fees. providing support to Agreement States The purpose of the FY 2008 fee recruiting new staff due to the projected or their licensees are included in total rulemaking, as with prior year fee increase in its workload, particularly as surcharge costs, which are offset by non- rulemakings, is to establish fees in a fair it relates to new reactors. In the near fee recovery funding provided by and transparent manner to recover the term, as new, less experienced staff Congress. For example, if the NRC required portion of the NRC’s budget. continue to come on board, more hours develops a rule, guidance document, or As such, the purpose of this rulemaking are required for training and less staff database or other tracking system, that is to describe and then solicit and are available for direct work. For the FY is associated with or otherwise benefits evaluate comments on the allocation of 2008 fee rule, NRC reviewed this Agreement State licensees, the costs of these resources for fee calculation estimate and updated it to 1,371 hours these activities are prorated to the purposes. The rule and supporting work as compared with the lower 1,287 direct surcharge according to the percentage of papers are not intended to justify why hours per FTE used for the FY 2007 licensees in that fee class in Agreement the budgeted resources for a given hourly rate calculation. NRC plans to States (e.g., if 82 percent of materials planned activity increased by a continue to review this estimate in users licensees are in Agreement States, particular percentage. Each fiscal year, future years and to update it as 82 percent of these regulatory the NRC’s Performance Budget appropriate. infrastructure costs are included in the submitted to the Congress for review B. Specific Part 171 Issues surcharge). To address fairness and provides the objectives of the budget equity concerns associated with and how it supports the agency’s 1. Annual Fee Changes licensees paying for the cost of activities Strategic Plan goals and strategies. To Comment. Two commenters that do not directly benefit them, as assist commenters provide meaningful supported the reduction in annual fees noted previously, the FY 2001 Energy comments, the NRC made available for uranium recovery licensees. One and Water Development Appropriations NUREG–1100, Volume 23, commenter suggested assessing higher Act amended OBRA–90 to decrease the ‘‘Performance Budget: Fiscal Year 2008’’ fees to the uranium recovery licensees NRC’s fee recovery amount to 90 (February 2007), which discusses the as a deterrent to increased uranium percent beginning in FY 2005. To the NRC’s budget for FY 2008, including the mining. One commenter noted that the extent that the 10 percent of the budget activities to be performed in each annual fee for the registration of devices authority which is not fee recoverable is program. This document is available on generally licensed is too high. insufficient to cover all surcharge costs, the NRC public Web site at http:// these remaining surcharge costs are www.nrc.gov/reading-rm.html. Response. In response to comments spread to all licensees based on their The fee rule and work papers show on the changes in annual fee amounts, percentage of the budget. In FY 2008, the value of the approved budgeted NRC is rebaselining its fees in FY 2008, the NRC’s fee relief exceeds the total resources, and most importantly for fee as noted in the proposed fee rule. Under surcharge cost. This excess fee relief is calculation purposes, the fee classes and this method, the annual fee amounts are used to reduce all licensees’ annual fees, surcharge categories to which these calculated based on budgeted resources based on their percentage of the fee resources are allocated. The proposed allocated to the fee class and may recoverable budget authority. fee rule work papers included a separate fluctuate from one year to the next. document for each fee class and Changes in fee amounts in a fee class C. Other Issues surcharge category to show the budget reflect the allocation of resources for 1. Information Provided by NRC in allocations for FY 2008 and FY 2007 at regulatory activities to the fee class. As Support of Proposed Rule the planned activity level, thereby appropriate, the NRC will continue to making it easier to see the reasons for recover its cost of application and Comment. Some commenters any fee changes between FY 2008 and amendment reviews by billing the requested more explanation for the FY 2007. For example, the proposed fee identifiable applicants using the hourly operating reactors fee increases. The rule stated that the power reactor annual rate. details requested include an explanation fee increased due to an increase in The NRC fees are set after careful of increases in the budget for the new budgeted resources for new reactor evaluation and allocation of the costs of reactor work. The commenters also licensing activities. The work papers its budgeted activities. Policy issues wanted more explanation for the which listed the total budgeted FTE and related to discouraging uranium mining reduction in non-fee items. contract resources at the planned

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activity level showed that the budgeted advance what its future Congressionally Balance with Treasury, in the resources for one of the new reactor approved budgets will be (i.e., proposed Performance and Accountability Report, licensing activities, Combined Licenses, budgets must be submitted to the OMB FY 2007, NUREG–1542, Volume 13, increased by approximately 133 FTE for review before the President submits describes the components of this NRC and $36 million in FY 2008, as the budget to Congress for enactment), asset. The amount of the fund balance compared with FY 2007. the NRC believes it is not practicable to with the Treasury has no impact on the The information available in the rule, project fees based on future estimated calculation of the fee amounts. The work papers, and the Performance budgets. For example, at the time the FY OBRA–90, as amended, requires the Budget provided the public extensive 2007 proposed fee rule was published NRC to recover 90 percent of its budget information on the calculation of the last year, the NRC was operating under authority for the fiscal year through fees. proposed fees. Additionally, the contact a continuing resolution that limited the Therefore, an explanation for the listed in the proposed fee rule was FY 2007 funds to the NRC’s FY 2006 increase in the NRC’s fund balance with available during the public comment funding level which was approximately the Treasury for a prior year is outside period to answer any questions that $83 million lower than what the the scope of this rulemaking. The commenters had on the development of President eventually signed into law on NUREG–1542, Volume 13, which has the proposed fees. Therefore, the NRC February 15, 2007. Had the NRC more details on this fund balance is believes that ample information was proposed or established preliminary available on the NRC public Web site at available on which to base constructive fees based on the NRC funding in FY http://www.nrc.gov/reading-rm.html. comments on the proposed revisions to 2006, the FY 2007 estimated fees would III. Final Action parts 170 and 171. have been quite different from the fees 2. Changing NRC’s Small Entity Size ultimately assessed to licensees. The NRC is amending its licensing, Standards Even if the NRC were able to estimate inspection, and annual fees to recover a future year budget, the annual fee Comment. One commenter requested approximately 90 percent of its FY 2008 amounts are highly sensitive to other that NRC consider revising fees for budget authority less the appropriations factors, including the allocation of these small businesses not engaged in for non-fee items. The NRC’s total budgeted resources to license fee manufacturing. The commenter budget authority for FY 2008 is $926.1 classes, the numbers of licensees in a fee suggested raising the lower gross million. The non-fee items include class, and the proportion of total class receipts amount for the lower tier of the approximately $29 million appropriated costs recovered from part 170. The part small entity fee or develop a sliding from the NWF, $2 million for WIR 170 revenue from a fee class is scale of the small entity fees. activities, and $29.4 million for generic Response. To alleviate the significant particularly difficult to predict in homeland security activities. Based on impact of the annual fees on a advance, and more so for fee classes the 90 percent fee-recovery requirement, substantial number of small entities, with small numbers of licensees, whose the NRC must recover approximately NRC established the maximum small annual fees are even more sensitive to $779.1 million in FY 2008 through part entity fee in FY 1991. In FY 1992, the part 170 revenue estimates. Estimating 170 licensing and inspection fees and NRC introduced a second, lower tier to these factors in advance would likely part 171 annual fees. The amount the small entity fee. The NRC re- lead to inaccurate future fee projections, required by law to be recovered through examined its small entity fees for the FY which would be misleading to fees for FY 2008 is $109.8 million more 2007 fee rulemaking, and did not applicants and licensees. than the amount estimated for recovery believe that a change to the small entity The NRC staff is available to meet in FY 2007, an increase of fees was warranted. The NRC plans to with interested licensees to explain the approximately 16.4 percent. process of the fee rulemaking and the re-examine the small entity fees again in The FY 2008 fee recovery amount of FY 2009. fee computations. To arrange a meeting, please contact Renu Suri, telephone $779.1 million is further reduced for 3. Need for Timely Budget Estimate 301–415–0161; e-mail billing adjustments and carryover from the prior year. The FY 2008 billing Comment. Several commenters raised [email protected]; Office of the Chief adjustments of $5 million are primarily concerns about the timing of the Financial Officer, U.S. Nuclear for FY 2008 invoices that the NRC issuance of the fee rule. To address this Regulatory Commission, Washington, estimates will not be paid during the issue, these commenters suggested that DC 20555–0001. fiscal year, less payments received in FY the NRC publish an estimate of fees for 4. Increase in the Fund Balance With 2008 for FY 2007 invoices. In FY 2008, the following year, coincident with Treasury the carryover amount is approximately issuance of the proposed fee rule each $13.3 million which includes additional year. Comment. Some commenters Response. The NRC acknowledges the requested an explanation for the collections in FY 2007 that were concerns raised by these commenters, increase in the NRC’s fund balance with unanticipated when the final FY 2007 and has addressed similar comments in the Treasury account in FY 2007 as fee rule was published. This leaves previous fee rulemakings. The timing of compared with FY 2006. approximately $760.7 million to be the fee rule each year is contingent upon Response. The fund balance with the billed as fees in FY 2008 through part when the NRC receives its Treasury represents appropriated funds 170 licensing and inspection fees and Congressionally approved budget. The in a U.S. Treasury account that are part 171 annual fees. Commission makes every effort to issue available to pay NRC’s current liabilities Table 1 summarizes the budget and the proposed fee rule as soon as possible and to finance the agency’s authorized fee recovery amounts for FY 2008. after receiving its appropriation. purchase commitments. Note #2 to the (Individual values may not sum to totals Because the NRC can not estimate in annual financial statements, Fund due to rounding.)

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TABLE 1.—BUDGET AND FEE RECOVERY AMOUNTS FOR FY 2008 [Dollars in millions]

Total Budget Authority ...... $926.1 Less non-fee items ...... ¥60.4

Balance ...... $865.7 Fee Recovery Rate for FY 2008 ...... × 90.0%

Total Amount to be Recovered for FY 2008 ...... $779.1 Less Carryover from FY 2007 ...... ¥13.3 Less Part 171 Billing Adjustments Unpaid FY 2008 Invoices (estimated) ...... 2.7 Less Payments Received in FY 2008 for Prior Year Invoices (estimated) ...... ¥7.8

Subtotal ...... ¥18.4

Amount to be Recovered Through Parts 170 and 171 Fees ...... $760.7 Less Estimated Part 170 Fees ...... ¥291.8

Part 171 Fee Collections Required ...... $468.9

Approximately 76 percent of the licensees. The NRC has updated the part less payments made in the first three $13.3 million carryover amount was for 170 estimates for this final rule based on quarters of the fiscal year. unpredicted FY 2007 part 170 revenues the latest invoice data available. In total, Materials licensees with annual fees for licensing and inspection services. At the part 170 estimates increased by of less than $100,000 are billed the time the FY 2007 final fee rule was approximately $8 million from the FY annually. Those materials licensees published, NRC estimated the part 170 2008 proposed fee rule; approximately whose license anniversary date during revenues based on billings for the prior $5 million of this increase is for the FY 2008 falls before the effective date of four quarters. The rate of actual billings power reactor fee class. the FY 2008 final rule will be billed for and revenues for the remainder of FY The NRC estimates that in FY 2008 the annual fee during the anniversary 2007 was higher than expected. Some of approximately $291.8 million will be month of the license at the FY 2007 the factors contributing to the greater recovered from part 170 fees. This annual fee rate. Those materials than estimated part 170 revenue represents an increase of approximately licensees whose license anniversary collections were higher billings for 37 percent as compared to the actual date falls on or after the effective date review of design certifications and pre- part 170 collections of $213.7 million of the FY 2008 final rule will be billed application interactions related to new for FY 2007. The NRC derived the FY for the annual fee at the FY 2008 annual reactors, and materials licensing reviews 2008 estimate of part 170 fee collections fee rate during the anniversary month of billed to government agencies for the based on the previous four quarters of the license, and payment will be due on first time. In August 2007, NRC began billing data for each license fee class, the date of the invoice. billing government agencies in The NRC will not routinely mail the with adjustments to account for changes accordance with the Energy Policy Act FY 2008 final fee rule or future final fee in the NRC’s FY 2008 budget, as of 2005 (see the discussion in the NRC’s rules to applicants or licensees. The appropriate. The remaining $468.9 final fee rule for FY 2006, 71 FR 30731; NRC will send the final rule to any million will be recovered through the May 30, 2006). The remainder of the licensee or other person upon specific part 171 annual fees in FY 2008, $13.3 million carryover amount resulted request. To request a copy, contact the compared to $465.3 million for FY 2007, from higher annual fees collected in FY License Fee Team, Division of Financial an increase of less than 1 percent. 2007. Some of the factors for the higher Management, Office of the Chief Annual fees for most licensees collections were timing of the effective Financial Officer, at 301–415–7554, or decreased between the FY 2008 date of the FY 2007 fee rule, and e-mail [email protected]. In proposed and final fee rules primarily collections for prior years. The FY 2007 addition to publication in the Federal due to higher part 170 fee collections. fee rule went into effect August 6, 2007 Register, the final rule is available on with reduced fee amounts for most of The FY 2008 final fee rule is a ‘‘major the Internet at http:// the materials licensees. A majority of rule’’ as defined by the Congressional www.regulations.gov. these licensees paid their fees on their Review Act of 1996, 5 U.S.C 801–808. The NRC is amending 10 CFR parts anniversary month during FY 2007, Therefore, the NRC’s fee schedules for 170 and 171 as discussed in Sections based on the FY 2006 fee schedule FY 2008 will become effective 60 days III.A and III.B of this document. (which had higher fees). This resulted in after publication of the final rule in the higher fee collections in FY 2007. NRC Federal Register. The NRC will send an A. Amendments to 10 CFR Part 170: also collected greater than expected invoice for the amount of the annual fee Fees for Facilities, Materials, Import and annual fees due to billings for prior to reactors, part 72 licensees, major fuel Export Licenses, and Other Regulatory years which were identified in FY 2007. cycle facilities, and other licensees with Services Under the Atomic Energy Act For FY 2008, the $13.3 million annual fees of $100,000 or more, upon of 1954, as Amended carryover amount will offset the fees publication of the FY 2008 final rule. The NRC is establishing a single statutorily required to be collected and For these licensees, payment is due on hourly rate of $238 to recover the full results in a reduction in the annual fee the effective date of the FY 2008 final cost of activities under part 170, and for all fee classes. In addition, part 170 rule. Because these licensees are billed will use this rate to calculate ‘‘flat’’ revenue estimates have been adjusted to quarterly, the payment due is the application fees. The rule also makes reflect the current rate of billings to amount of the total FY 2008 annual fee, minor administrative changes for

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purposes of clarification and (3) agency management and support and annually per direct FTE. This estimate consistency. Inspector General. The only budgeted excludes all non-mission direct hours, The NRC is making the following resources excluded from the hourly rate such as training, general administration, changes: are those for mission direct contract and leave. Because the NRC’s hourly activities. The denominator, mission 1. Hourly Rate rates are calculated by dividing the net direct FTE hours, is derived by recoverable budget by the mission direct The NRC’s hourly rate is used in multiplying budgeted mission direct FTE hours (see descriptions above), the assessing full cost fees for specific FTE by the annual direct hours per FTE. higher the number of direct hours per services provided, as well as for flat fees Although the numerator (i.e., net FTE used in the calculation, the lower for certain application reviews. The recoverable budget excluding contract the hourly rates. NRC is lowering the FY 2008 hourly rate activities) increased by 11 percent as to $238 from the FY 2007 rate of $258. The NRC is updating its hourly rate compared with FY 2007, it is lower than calculation to reflect its latest estimate This rate is applicable to all activities the rate of increase in the denominator of direct hours per FTE to more for which fees are assessed under (i.e., mission direct FTE hours) which accurately reflect the NRC’s cost of §§ 170.21 and 170.31. The FY 2008 increased by 21 percent. This resulted providing part 170 services, which hourly rate is lower than the hourly rate in a lower hourly rate for FY 2008 as would allow the NRC recover the cost of $258 in the FY 2007 final fee rule compared with FY 2007. The increase in of these services through part 170 fees. primarily due to the revised higher the mission direct FTE hours in FY 2008 The NRC believes that this is consistent estimate of direct hours per FTE used in compared with FY 2007 is due to the with guidance provided in the Office of the hourly calculation. The hourly rate increase in direct FTEs (2,079 FTE vs. Management and Budget Circular A–25 calculation is described in further detail 1,835 FTE) and revised higher estimate on recovering the full cost of services in the following paragraphs. of direct hours per FTE (1,371 hours vs. The NRC’s single hourly rate is 1,287 hours). provided to identifiable recipients. The calculated by dividing the recoverable The NRC has reviewed data from its lower hourly rate caused a decrease in budgeted resources (excluding direct time and labor system to determine if both the full cost fees for licensing and contract activities) by mission direct the direct hours worked annually per inspection activities, and the materials FTE hours. The numerator, recoverable direct FTE estimate requires updating flat fees for license applications. budget resources, is the sum of (1) for the FY 2008 fee rule. Based on this Table II shows the results of the mission direct program salaries and review of the most recent data available, hourly rate calculation methodology. benefits; (2) mission indirect salaries the NRC determined that 1,371 hours is (Individual values may not sum to totals and benefits and contract activity; and the best estimate of direct hours worked due to rounding.)

TABLE II.—FY 2008 HOURLY RATE CALCULATION

Mission Direct Program Salaries & Benefits ...... $292 .6M Mission Indirect Salaries & Benefits, and Contract Activity ...... 120.7M Agency Management and Support, and IG ...... 266.2M

Subtotal ...... $679 .5M Less Offsetting Receipts ...... ¥0.0M

Net Recoverable Budget Included in Hourly Rate ...... $679.5M Mission Direct FTEs ...... 2,079 Professional Hourly Rate (Net Recoverable Budget Included in Hourly Rate divided by Mission Direct FTE times 1,371 Annual Direct Hours Per FTE) ...... $238

As shown in Table II, dividing the Financial Officers Act of 1990. This final fee rule will be subject to the $679.5 million budgeted amount review was last performed as part of the revised fees in the final rule. (rounded) included in the hourly rate by FY 2007 fee rulemaking. The lower 3. Administrative Amendments total mission direct hours (2,079 FTE hourly rate of $238 is the main reason times 1,371 hours) results in an hourly for the reduction in the application fees. The NRC is adding program codes rate of $238. The hourly rate is rounded The amounts of the materials next to the materials users fee categories to the nearest whole dollar. licensing flat fees are rounded so that in § 170.31. At the time NRC receives a 2. ‘‘Flat’’ Application Fee Changes the fees would be convenient to the user materials users license application, a and the effects of rounding would be de five-digit program code number is As noted above, the NRC is adjusting minimis. Fees under $1,000 are rounded assigned by the agency to each license the current flat application fees in to the nearest $10, fees that are greater to designate the major activity or §§ 170.21 and 170.31 to reflect the than $1,000 but less than $100,000 are principal use authorized in the license. revised hourly rate of $238. These flat rounded to the nearest $100, and fees More than one code may apply to a fees are calculated by multiplying the that are greater than $100,000 are given license. The fee amount for the average professional staff hours needed rounded to the nearest $1,000. license under 10 CFR parts 170 and 171 to process the licensing actions by the The licensing flat fees are applicable is determined by the fee category, which professional hourly rate for FY 2008. for fee categories K.1. through K.5. of is also based on the authorized usage The agency estimates the average § 170.21, and fee categories 1.C., 1.D., contained on the license. To reduce the professional staff hours needed to 2.B., 2.C., 3.A. through 3.S., 4.B. through risk of misinterpretation of material uses process licensing actions every other 9.D., 10.B., 15.A. through 15.R., 16, and authorized in the license while year as part of its biennial review of fees 17 of § 170.31. Applications filed on or establishing a fee category, the NRC is performed in compliance with the Chief after the effective date of the FY 2008 implementing a process that links a

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program code directly to a fee category. The NRC applies the 10 percent of its The excess fee relief for the FY 2008 Once a program code is assigned to the budget that is excluded from fee final rule increased by approximately license, it will assist the licensee to recovery under OBRA–90, as amended $1.4 million compared with the correctly identify the fee amount(s) by (fee relief), to offset the cost of activities proposed primarily due to a change in looking up the program code(s) in which do not directly benefit current the generic decommissioning/ § 170.31. NRC licensees. The cost of these reclamation surcharge costs. The In summary, the NRC is making the ‘‘surcharge’’ activities are totaled, and amount in this surcharge category following changes to 10 CFR part 170: then reduced by the amount of the decreased from the proposed rule due to 1. Establish revised professional NRC’s fee relief. Historically, any a smaller budget resource allocation for hourly rate to use in assessing fees for remaining surcharge cost was allocated the generic decommissioning activities specific services; to all licensees’ annual fees, based on related to uranium recovery sites and a 2. Revise the license application fees their percent of the budget (i.e., over 80 higher part 170 revenue estimate for all to reflect the FY 2008 hourly rate; and percent was allocated to power reactors generic decommissioning/reclamation 3. Make certain administrative each year). activities. In FY 2008, the NRC’s fee relief changes for purposes of clarification. As in FY 2007, the NRC is using the exceeds the total surcharge cost by $8.9 million excess fee relief to reduce B. Amendments to 10 CFR Part 171: approximately $8.9 million. In FY 2007, Annual Fees for Reactor Licenses and this fee relief exceeded the total all licensees’ annual fees, based on their Fuel Cycle Licenses and Materials surcharge cost by approximately $9.8 percent of the fee recoverable budget Licenses, Including Holders of million. Although the fee relief in FY authority. This is consistent with the Certificates of Compliance, 2008 is approximately $12.2 million existing fee methodology, in that the Registrations, and Quality Assurance higher compared with FY 2007, the benefits of the NRC’s fee relief are Program Approvals and Government amount of fee relief allocated to allocated to licensees in the same Agencies Licensed by the NRC licensees decreases primarily due to manner as cost was allocated when the The NRC is making the following higher FY 2008 surcharge cost, which NRC did not receive enough fee relief to changes to part 171: Using its fee relief includes funding of $15 million for pay for surcharge activities. In FY 2008, to reduce all licensees’ annual fees; scholarships and fellowships. The the power reactors class of licensees changing the number of NRC licensees scholarships and fellowships funding, will receive approximately 90 percent of for some fee categories; establishing to be administered by the NRC, is to the fee relief based on their share of the rebaselined annual fees based on the enable students to pursue education in NRC fee recoverable budget authority. NRC’s FY 2008 budget authority; and fields of study that constitute critical The total budgeted resources for the making some minor administrative skills areas needed to sustain NRC’s NRC’s surcharge activities in FY 2008 amendments. The final amendments are regulatory mission and benefit the are $77.7 million. The NRC’s total fee described as follows: nuclear sector. This $15 million funding relief in FY 2008 is $86.6 million, for scholarships and fellowships does leaving $8.9 million in fee relief to be 1. Application of ‘‘Fee Relief’’ not directly benefit the existing NRC used to reduce all licensees’ annual fees. The NRC is using its fee relief to licensees. Therefore, the NRC has These values are shown in Table III. reduce all licensees’ annual fees, based classified it as a surcharge activity to be (Individual values may not sum to totals on their percent of the budget. offset by the fee relief. due to rounding.)

TABLE III.—SURCHARGE COSTS [Dollars in millions]

FY 2008 Category of costs budgeted costs

1. Activities not attributable to an existing NRC licensee or class of licensee: a. International activities ...... $12.9 b. Agreement State oversight ...... 8.8 c. Scholarships and Fellowships ...... 15.0 2. Activities not assessed part 170 licensing and inspection fees or part 171 annual fees based on existing law or Commission policy: a. Fee exemption for nonprofit educational institutions ...... 10.9 b. Costs not recovered from small entities under 10 CFR 171.16(c) ...... 3.8 3. Activities supporting NRC operating licensees and others: a. Regulatory support to Agreement States ...... 9.9 b. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee classes) ...... 13.5 c. In-situ Leach Uranium Extraction rulemaking and unregistered general licensees ...... 2.9

Total surcharge costs ...... 77.7 Less 10 percent of NRC’s FY 2008 total budget (less non-fee items) ...... ¥86.6

Fee Relief to be Allocated to All Licensees’ Annual Fees ...... ¥8.9

Table IV shows how the NRC is rounding.) As explained previously, the to the NRC’s total budget. The fee relief allocating the $8.9 million in fee relief NRC is allocating this fee relief to each is used to partially offset the required to each license fee class. (Individual license fee class based on the percent of annual fee recovery from each fee class. amounts may not sum to totals due to the budget for that fee class compared Sections 171.15(d)(1) and 171.16(e)

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clarify that the surcharge allocated to licenses. Table IV also shows the million. The annual fee for the materials annual fees may be negative (i.e., an allocation of the LLW surcharge. users fee class includes a surcharge (i.e., annual fee reduction). Because LLW activities support NRC not an annual fee reduction), because Separately, the NRC has continued to licensees, the costs of these activities are the LLW surcharge allocated to the fee allocate the low level waste (LLW) not offset by the NRC’s fee relief. For FY class is greater than its allocated fee surcharge costs based on the volume of 2008, the LLW surcharge cost is $2.8 relief. LLW disposal of certain classes of

TABLE IV.—ALLOCATION OF FEE RELIEF AND LLW SURCHARGE

LLW surcharge Non-LLW surcharge (fee reduction) Total $M Percent $M Percent $M

Operating Power Reactors ...... 74 2.1 89.6 ¥8.0 ¥5.9 Spent Fuel Storage/Reactor Decommissioning ...... 2.9 ¥0.3 ¥0.3 Test and Research Reactors ...... 0.1 0.0 0.0 Fuel Facilities ...... 8 0.2 4.1 ¥0.4 ¥0.1 Materials Users ...... 18 0.5 2.5 ¥0.2 0.3 Transportation ...... 0.4 0.0 0.0 Rare Earth Facilities ...... 0.0 0.0 0.0 Uranium Recovery ...... 0.3 0.0 0.0

Total Surcharge ...... 100 2.8 100.0 ¥8.9 ¥6.0

2. Agreement State Activities for licensing and inspection activities), amount to be recovered through part By letter dated November 9, 2006, because these resources are for the 170 fees. The part 170 estimate for this Governor Edward Rendell of the purpose of supporting NRC licensees final rule increased by approximately Commonwealth of Pennsylvania only. $8 million from the proposed fee rule requested that the NRC enter into an The number of NRC materials users based on the latest invoice data Agreement with the State as authorized licensees also has been updated to available. The total amount to be by Section 274 of the Atomic Energy Act reflect the transfer of licensees to the recovered through annual fees for FY of 1954, as amended. The NRC Commonwealth of Pennsylvania 2008 decreased to $468.9 million approved the request. This resulted in effective March 31, 2008. Because of the compared with $477.2 million in the the transfer of approximately 650 effective date of March 31, 2008, which proposed fee rule primarily due to the licenses from the NRC to the is at the end of the first half of the FY, increase in the part 170 estimate. The Commonwealth of Pennsylvania the approximately 650 licensees required annual fee collection in FY effective March 31, 2008. transferred to the Commonwealth of 2007 was $465.3 million. The continuing costs of Agreement Pennsylvania are subject to one-half of The NRC uses one of two methods to State regulatory support and oversight their NRC annual fee for FY 2008. The determine the amounts of the annual for the Commonwealth of Pennsylvania, number of materials users licensees has fees, for each type of licensee, as for any other Agreement State, are been revised to reflect that NRC will established in its fee rule each year. One recovered through the surcharge (as still collect one-half of the annual fee method is ‘‘rebaselining,’’ for which the reduced by the 10 percent of its budget from these licensees. Also, the single NRC’s budget is analyzed in detail and that the NRC receives in appropriations NRC rare earth license under fee budgeted resources are allocated to fee each year for these types of activities), category 2.A.(2)(c) has been transferred classes and categories of licensees. The consistent with existing policy. The to the Commonwealth of Pennsylvania. second method is the ‘‘percent change’’ budgeted resources for the regulatory Because no other rare earth facility method, for which fees are revised infrastructure to support these types of application is expected for FY 2008, an based on the percent change in the total licensees are prorated to the surcharge annual fee was not computed for fee budget, taking into account other based on the percent of total licensees category 2.A.(2)(c). As with other adjustments such as the number of in Agreement States. The NRC has licensees transferred to the licensees and the projected revenue to updated the allocation percentage in its Commonwealth of Pennsylvania in FY be received from part 170 fees. fee calculation to make sure that 2008, this rare earth facility paid one- As explained in the FY 2006 final fee resources are allocated equitably half of the annual fee in effect on its rule (71 FR 30733; May 30, 2006), the between the NRC materials users fee anniversary date in January 2008. Commission has determined that the class and the Agreement States This is not a substantive policy agency should proceed with a surcharge category. Accordingly, as a change, but rather a calculation change presumption in favor of rebaselining in result of the Commonwealth of that will result in a more accurate calculating annual fees each year, and Pennsylvania becoming an Agreement estimate of the actual costs of that the percent change method should State, the NRC has increased the Agreement State oversight activities. be used infrequently. This is because percentage of materials users regulatory the Commission expects that most years 3. Revised Annual Fees infrastructure costs prorated to the there will be budget and other changes surcharge category from 80 percent in The NRC is revising its annual fees in that warrant the use of the rebaselining FY 2007 to 82 percent in FY 2008. §§171.15 and 171.16 for FY 2008 to method. However, some resources associated recover approximately 90 percent of the Rebaselining fees results in increased with the materials users fee class are not NRC’s FY 2008 budget authority less the annual fees compared with FY 2007 for prorated to the surcharge (e.g., resources non-fee amounts and the estimated two classes of licensees (power reactors

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and non-power reactors), and decreased The significant factors affecting the different classes of licenses (based on annual fees for five classes of licensees changes to the annual fee amounts as the specific activities NRC will perform (spent fuel storage/reactor compared with FY 2007 are the increase in FY 2008), the estimated part 170 decommissioning, fuel facilities, in budgeted resources for new reactor collections for the various classes of uranium recovery, materials users, and activities, a higher part 170 revenue licenses, and allocation of the fee relief transportation). There is no annual fee estimate, and higher prior year fee to all fee classes. The percentage of the for the rare earth fee class because this collections. The NRC’s total fee NRC’s budget not subject to fee recovery NRC fee class will no longer exist in FY recoverable budget, as mandated by law, remained unchanged at 10 percent from 2008. As discussed in Section III.B.2 of is approximately $109.8 million larger FY 2007 to FY 2008. this document, ‘‘Agreement State in FY 2008 as compared with FY 2007. Activities,’’ NRC’s only rare earth Because much of this increase is for the Table V shows the rebaselined annual facility transferred to the additional workload demand in the area fees for FY 2008 for a representative list Commonwealth of Pennsylvania, which of new reactor licensing, this increase of categories of licenses. The FY 2007 became an Agreement State, effective mainly affects the operating power fee is also shown for comparative March 31, 2008. In FY 2008, this rare reactors’ annual fees. Other factors purposes. earth facility paid one-half of the annual affecting all annual fees include the fee in effect on its anniversary date. distribution of budgeted costs to the

TABLE V.—REBASELINED ANNUAL FEES FOR FY 2008

FY 2007 FY 2008 Class/category of licenses annual fee annual fee

Operating Power Reactors (including Spent FuelStorage/Reactor Decommissioning annual fee) ...... $4,043,000 $4,167,000 Spent Fuel Storage/Reactor Decommissioning ...... 159,000 135,000 Test and Research Reactors (Non-power Reactors) ...... 76,300 76,500 High Enriched Uranium Fuel Facility ...... 4,096,000 3,007,000 Low Enriched Uranium Fuel Facility ...... 1,237,000 899,000 UF6 Conversion Facility ...... 811,000 589,000 Conventional Mills ...... 18,700 10,300 Typical Materials Users: Radiographers ...... 14,100 11,100 Well Loggers ...... 4,400 3,400 Gauge Users (Category 3P) ...... 2,700 2,100 Broad Scope Medical ...... 29,000 22,900

The budgeted costs allocated to each final fee rule. The sequence of the (which includes licensees in fee class of licenses and the calculations of information in the work papers now categories 1.A.(1)(a), 1.A.(1)(b), the rebaselined fees are described in matches the sequence in this final fee 1.A.(2)(a), 1.A.(2)(b), 1.A.(2)(c), 1.E., and paragraphs a. through h. of this section. rule. In addition, a brief overview of 2.A.(1), under § 171.16) is The work papers which support this each of the tabs in the work papers has approximately $13.9 million. This value final rule show in detail the allocation been added for the reader’s is based on the full cost of budgeted of NRC’s budgeted resources for each convenience. The work papers are resources associated with all activities class of license and how the fees are available electronically at the NRC’s that support this fee class, which is calculated. The reports included in Electronic Reading Room on the Internet reduced by estimated part 170 these work papers summarize the FY at Web site address http://www.nrc.gov/ collections and adjusted to reflect the reading-rm/adams.html. The work 2008 budgeted FTE and contract dollars net allocated fee relief (negative papers may also be examined at the allocated to each fee class and surcharge surcharge), allocated generic NRC PDR located at One White Flint category at the planned activity and North, Room O–1F22, 11555 Rockville transportation resources, and carryover. program level, and compare these Pike, Rockville, Maryland. The summary calculations used to allocations to those used to develop derive this value are presented in Table final FY 2007 fees. In FY 2008, NRC has a. Fuel Facilities VI for FY 2008, with FY 2007 values also revised the format of the work The FY 2008 budgeted cost to be shown for comparison. (Individual papers to make it easier for stakeholders recovered in the annual fees assessment values may not sum to totals due to to find the information supporting this to the fuel facility class of licenses rounding.)

TABLE VI.—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES [Dollars in millions]

FY 2007 FY 2008 Summary fee calculations final final

Total budgeted resources ...... $32.2 $31.5 Less estimated part 170 receipts ...... ¥13.6 ¥17.2

Net part 171 resources ...... 18.6 14.3 Allocated generic transportation ...... +0.5 +0.5 Allocated surcharge ...... ¥0.2 ¥0.1

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TABLE VI.—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES—Continued [Dollars in millions]

FY 2007 FY 2008 Summary fee calculations final final

Billing adjustments (including carryover) ...... +0.1 ¥0.8

Total required annual fee recovery ...... 18.9 13.9

The decrease in fuel facilities FY 2008 programmatic resources to be recovered project managers and regulatory total budgeted cost to be recovered through annual fees. When a license or analysts determine the level of effort compared with FY 2007 is due to lower certificate is modified, it may result in associated with regulating each of these fuel facility resources for licensing a change of category for a particular fuel facilities. This is done by assigning, for activities, a higher part 170 revenue facility licensee as a result of the each fuel facility, separate effort factors estimate, and adjustment for higher methodology used in the fuel facility for the safety and safeguards activities carryover. The part 170 revenue effort/fee matrix. Consequently, this associated with each type of regulatory estimate for FY 2008 final rule increased change may also have an effect on the activity. The matrix includes ten types by approximately 1 percent compared fees assessed to other fuel facility of regulatory activities, including with the proposed rule due to increased licensees and certificate holders. For enrichment and scrap/waste related billing for fuel facilities. This results in example, if a fuel facility licensee activities (see the work papers for the lower FY 2008 annual fees for fuel amends its license/certificate (e.g., facilities in this final fee rule. decommissioning or license complete list). Effort factors are assigned The total required annual fee recovery termination) that results in it not being as follows: One (low regulatory effort), amount is allocated to the individual subject to part 171 costs applicable to five (moderate regulatory effort), and ten fuel facility licensees based on the the fee class, then the budgeted costs for (high regulatory effort). These effort effort/fee determination matrix the safety and/or safeguards factors are then totaled for each fee developed for the FY 1999 final fee rule components will be spread among the category, so that each fee category has (64 FR 31447; June 10, 1999). In the remaining fuel facility licensees/ a total effort factor for safety activities matrix included in the NRC publicly certificate holders. and a total effort factor for safeguards available work papers, licensees are The methodology is applied as activities. grouped into categories according to follows. First, a fee category is assigned The effort factors for the various fuel their licensed activities (i.e., nuclear based on the nuclear material and facility fee categories are summarized in material enrichment, processing activity authorized by license or Table VII. The value of the effort factors operations, and material form). In certificate. Although a licensee/ shown, as well as the percent of the addition, the licensees are grouped certificate holder may elect not to fully total effort factor for all fuel facilities, according to the level, scope, depth of use a license/certificate, the license/ coverage, and rigor of generic regulatory certificate is still used as the source for reflects the total regulatory effort for programmatic effort applicable to each determining authorized nuclear material each fee category (not per facility). Note category from a safety and safeguards possession and use/activity. Second, the that the effort factors for the High perspective. This methodology can be category and license/certificate Enriched Uranium Fuel fee category applied to determine fees for new information are used to determine have changed from FY 2007. The safety licensees, current licensees, licensees in where the licensee/certificate holder fits and safeguards factors increased in FY unique license situations, and certificate into the matrix. The matrix depicts the 2008 to reflect NRC’s review of an holders. categorization of licensees/certificate amendment request by a licensee to This methodology is adaptable to holders by authorized material types handle liquid UF6 workload. Taking changes in the number of licensees or and use/activities. into account both of these changes, the certificate holders, licensed or certified Once the structure of the matrix is total safety and safeguards effort factor material and/or activities, and total established, the NRC’s fuel facility change is relatively small.

TABLE VII.—EFFORT FACTORS FOR FUEL FACILITIES

Effort factors Facility type Number of (percent of total) (fee category) facilities Safety Safeguards

High Enriched Uranium Fuel ...... 2 92 (35.8) 102 (53.7) Uranium Enrichment ...... 2 70 (27.2) 40 (21.1) Low Enriched Uranium Fuel ...... 3 66 (25.7) 21 (11.1) UF6 Conversion ...... 1 12 (4.7) 7 (3.7) Limited Operations ...... 1 8 (3.1) 3 (1.6) Gas Centrifuge Enrichment Demonstration ...... 1 3 (1.2) 15 (7.9) Hot Cell ...... 1 6 (2.3) 2 (1.1)

The budgeted resources for safety each fee category based on its percent of activities. For example, if the total effort activities ($8,045,570) are allocated to the total regulatory effort for safety factor for safety activities for all fuel

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facilities is 100, and the total effort its percent of the total regulatory effort safeguards activities. The annual fee per factor for safety activities for a given fee for safeguards activities. The fuel licensee is then calculated by dividing category is 10, that fee category will be facility fee class’ portion of the fee relief the total allocated budgeted resources allocated 10 percent of the total (negative surcharge of $137,150) and the for the fee category by the number of budgeted resources for safety activities. billing adjustment (a fee reduction in FY licensees in that fee category as Similarly, the budgeted resources for 2008 of $752,859) is allocated to each summarized in Table VIII. safeguards activities ($5,948,086) are fee category based on its percent of the allocated to each fee category based on total regulatory effort for both safety and

TABLE VIII.—ANNUAL FEES FOR FUEL FACILITIES

Facility type FY 2008 (fee category) annual fee

High Enriched Uranium Fuel ...... $3,007,000 Uranium Enrichment ...... 1,705,000 Low Enriched Uranium ...... 899,000 UF6 Conversion ...... 589,000 Gas Centrifuge Enrichment Demonstration ...... 558,000 Limited Operations Facility ...... 341,000 Hot Cell (and others) ...... 248,000

The NRC does not expect to authorize establishes a new fee category for the 2.A.(2)(a), 2.A.(2)(b), 2.A.(3), 2.A.(4), operation of any new uranium facility in a subsequent rulemaking. 2.A.(5) and 18.B., under § 171.16), is approximately $0.46 million. The enrichment facility in FY 2008. The b. Uranium Recovery Facilities annual fee applicable to any type of new derivation of this value is shown in uranium enrichment facility is the The total FY 2008 budgeted cost to be Table IX, with FY 2007 values shown annual fee in § 171.16, fee category 1.E., recovered through annual fees assessed for comparison purposes. (Individual Uranium Enrichment, unless the NRC to the uranium recovery class (which values may not sum to totals due to includes licensees in fee categories rounding.)

TABLE IX.—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions]

FY 2007 FY 2008 Summary fee calculations final final

Total budgeted resources ...... $1.32 $2.56 Less estimated part 170 receipts ...... ¥0.61 ¥2.02

Net part 171 resources ...... 0.71 0.54 Allocated generic transportation ...... +N/A +N/A Allocated surcharge ...... ¥0.02 ¥0.03

Billing adjustments (including carryover) ...... +0.00 ¥0.06 Total required annual fee recovery ...... 0.69 0.46

The decrease in the total required uranium recovery fee class for the final $58,000 (rounded) will be recovered annual fee recovery in FY 2008 rule. This increase in the uranium through annual fees assessed to the compared with FY 2007 is mainly due recovery budget allocations was offset other licensees in this fee class (i.e., to a higher part 170 revenue estimate by a higher part 170 revenue estimate conventional mills, in-situ leach and higher billing adjustment partially compared with the proposed rule. The solution mining facilities), 11e.(2) mill offset by an increase in uranium part 170 revenue estimate increased by tailings disposal facilities (incidental to recovery licensing and inspection $1.07 million compared with the existing tailings sites), and a uranium resources. The budgeted resources for proposed rule due to increased billing water treatment facility. the final rule increased by for review of applications for new In the FY 2002 final fee rule (67 FR approximately $0.9 million compared uranium recovery facilities. The annual 42611; June 24, 2002), the NRC with the proposed rule due to change in fee in the final rule decreased compared developed a fee recovery methodology allocations to the uranium recovery fee with the proposed rule for the DOE and for the uranium recovery fee class that class. More of FY 2008 resources are non DOE licensees in the uranium would allocate the total annual fee being used to support licensing work for recovery fee class primarily due to amount for this fee class, less the new uranium recovery facilities and less higher part 170 revenue estimate. amounts specifically budgeted for Title for generic decommissioning activities Of the required annual fee collections, I activities, equally between DOE (for its related to uranium recovery sites. $398,000 (rounded) is assessed to DOE UMTRCA Title I and Title II sites) and Therefore, resources from the surcharge for licensing its Uranium Mill Tailings the other licensees in this fee class. In category, generic decommissioning/ Radiation Control Act (UMTRCA) sites the FY 2007 final rule (72 FR 31414; reclamation, were shifted to the under fee category 18.B. The remaining June 6, 2007), the NRC changed this

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methodology to allocate 45 percent of UMTRCA sites. The remaining 60 40 percent of the remaining annual fee the total annual fee amount, less the percent of the total annual fee (less the amount (including the surcharge and amounts specifically budgeted for Title amounts specifically budgeted for Title generic/other costs) for the uranium I activities, to DOE’s UMTRCA annual I activities) is allocated to other recovery class. The remaining 60 fee and 55 percent to the other licensees licensees. The reduction in allocation percent of the budgeted resources, in this fee class. Based on updated percentage of budgeted resources for surcharge, and generic/other costs information, NRC is changing this licensing the DOE is based on the allocated to this fee class are assessed to allocation percentage in FY 2008. In FY reduced effort expended for DOE the other NRC uranium recovery 2008, 40 percent of the total annual fee UMTRCA sites. licensees. The costs to be recovered amount of $484,581, less $359,471 The annual fee assessed to DOE is the through annual fees assessed to the specifically budgeted for Title I sum of the resources specifically uranium recovery class are shown in activities, is allocated to DOE’s budgeted for NRC’s Title I activities plus Table X.

TABLE X.—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS

DOE Annual Fee Amount (UMTRCA) Title I and Title II general licenses: UMTRCA Title I budgeted costs ...... $359,471 40 percent of generic/other uranium recovery budgeted costs ...... 50,044 40 percent of uranium recovery surcharge ...... ¥11,585

Total Annual Fee Amount for DOE (rounded) ...... 398,000 Annual Fee Amount for Other Uranium Recovery Licenses: 60 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for Title I activities ..... 75,066 60 percent of uranium recovery surcharge ...... ¥17,377

Total Annual Fee Amount for Other Uranium Recovery Licenses ...... 57,688

The NRC will continue to use a matrix class was created in FY 2007 (72 FR recovery project managers and (which is included in the supporting 31413; June 6, 2007). regulatory analysts determine the level work papers) to determine the level of Second, the matrix identifies the of effort associated with regulating each effort associated with regulating the types of operating activities that support of these facilities. This is done by different (non-DOE) licensees in this fee these licensees. Note that the activities assigning, for each fee category, separate class. The weights derived in this matrix related to generic decommissioning/ effort factors for each type of regulatory are used to allocate the approximately reclamation are not included in the activity in the matrix. Effort factors are $58,000 annual fee amount to these matrix, because generic assigned as follows: One (low regulatory decommissioning/reclamation activities licensees. The use of this uranium effort), five (moderate regulatory effort), recovery annual fee matrix was are included in the surcharge, and and ten (high regulatory effort). These established in the FY 1995 final fee rule therefore need not be a factor in effort factors are first multiplied by the (60 FR 32217; June 20, 1995). The FY determining annual fees. The activities 2008 matrix is described as follows. included in the FY 2008 matrix are relative weight assigned to each activity First, the methodology identifies the ‘operations,’ ‘waste operations,’ and (described previously). Total effort categories of licenses included in this ‘groundwater remediation.’ The relative factors by fee category, and per licensee fee class (excluding DOE). In FY 2008, weight of each type of activity is then in each fee category, are then calculated. these categories are conventional determined, based on the regulatory These effort factors thus reflect the uranium mills (Class I facilities), resources associated with each activity. relative regulatory effort associated with uranium solution mining facilities The ‘operations,’ ‘waste operations,’ and each licensee and fee category. (Class II facilities), mill tailings disposal ‘groundwater remediation’ activities The effort factors per licensee and per facilities (11e.(2) disposal facilities), and have weights of 10, 5, and 10, fee category, for each of the non-DOE fee uranium water treatment facilities. The respectively, in the FY 2008 matrix. categories included in the uranium uranium water treatment facility fee Once the structure of the matrix is recovery fee class, are as follows: category in the uranium recovery fee established, the NRC’s uranium

TABLE XI.—EFFORT FACTORS FOR URANIUM RECOVERY LICENSES

Total effort factor Number of Effort factor Fee category licensees per licensee Percent Value total

Class I (conventional mills) ...... 1 75 75 18 Class II (solution mining) ...... 3 75 225 54 11e.(2) disposal incidental to existing tailings sites ...... 1 75 75 18 Uranium water treatment ...... 1 45 45 11

The annual fee per licensee is that fee category as summarized in uranium recovery licensees results in calculated by dividing the total Table XII. Applying these factors to the the following annual fees for FY 2008: allocated budgeted resources for the fee approximately $58,000 in budgeted category by the number of licensees in costs to be recovered from non-DOE

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TABLE XII.—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES (OTHER THAN DOE)

FY 2008 Facility type annual fee

Class I (conventional mills) ...... $10,300 Class II (solution mining) ...... 10,300 11e.(2) disposal ...... N/A 11e.(2) disposal incidental to existing tailings sites ...... 10,300 Uranium water treatment ...... 6,200

Because there are no longer any a license for this fee category in the FY 2008 annual fees assessed to the 11e.(2) disposal facilities under the future, then the Commission will power reactor class was calculated as NRC’s regulatory jurisdiction, the NRC establish the appropriate annual fee. shown in Table XIII. FY 2007 values are has not allocated any budgeted c. Operating Power Reactors shown for comparison. (Individual resources for these facilities, and values may not sum to totals due to therefore has not established an annual The approximately $419.3 million in rounding.) fee for this fee category. If NRC issues budgeted costs to be recovered through

TABLE XIII.—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS [Dollars in millions]

Summary fee calculations FY 2007 final FY 2008 final

Total budgeted resources ...... $588.6 $698.8 Less estimated part 170 receipts ...... ¥180.7 ¥258.1

Net part 171 resources ...... 407.9 440.7 Allocated generic transportation ...... +1.0 +1.0 Allocated surcharge ...... ¥6.0 ¥5.9 Billing adjustments (including carryover) ...... +1.1 ¥16.5

Total required annual fee recovery ...... 404.0 419.3

The budgeted costs to be recovered for work related to new applications. As d. Spent Fuel Storage/Reactor through annual fees to power reactors a result, the annual fee for each power Decommissioning are divided equally among the 104 reactor decreased by approximately 2 power reactors licensed to operate. This percent in the final rule. For FY 2008, budgeted costs of results in a FY 2008 annual fee of The annual fee for power reactors approximately $16.6 million for spent $4,032,000 per reactor. Additionally, increases in FY 2008 compared to FY fuel storage/reactor decommissioning are to be recovered through annual fees each power reactor licensed to operate 2007 due to an increase in budgeted assessed to part 50 power reactors, and is assessed the FY 2008 spent fuel resources for a number of activities, including regulatory infrastructure for to part 72 licensees who do not hold a storage/reactor decommissioning annual new reactor licensing activities related part 50 license. Those reactor licensees fee of $135,000. This results in a total to combined license applications and that have ceased operations and have no FY 2008 annual fee of $4,167,000 for design certifications. This increase is fuel onsite are not subject to these each power reactor licensed to operate. partially offset by the higher estimated annual fees. Table XIV shows the The part 170 revenue estimate for the part 170 collections, and adjustment for calculation of this annual fee amount. final rule increased by approximately higher carryover compared with FY FY 2007 values are shown for $5.3 million compared with the 2007. The annual fees for power reactors comparison. (Individual values may not proposed rule due to increased billings are presented in § 171.15. sum to totals due to rounding.)

TABLE XIV.—ANNUAL FEE SUMMARY CALCULATIONS FOR THE SPENT FUEL STORAGE/REACTOR DECOMMISSIONING FEE CLASS [Dollars in millions]

FY 2007 FY 2008 Summary fee calculations final final

Total budgeted resources ...... $23.9 $22.4 Less estimated part 170 receipts ...... ¥4.2 ¥5.3

Net part 171 resources ...... 19.7 17.1 Allocated generic transportation ...... +0.3 +0.2 Allocated surcharge ...... ¥0.4 ¥0.3 Billing adjustments (including carryover) ...... +0.0 ¥0.5

Total required annual fee recovery ...... 19.6 16.6

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The required annual fee recovery part 170 revenue estimate for the final fees assessed to the test and research amount is divided equally among 123 rule increased by approximately 13 reactor class of licenses for FY 2008. licensees, resulting in a FY 2008 annual percent due to increased billings for Table XV summarizes the annual fee fee of $135,000 per licensee. The total spent fuel storage, which resulted in a calculation for test and research reactors required annual fee for this fee class lower annual fee compared with the for FY 2008. FY 2007 values are shown decreased in FY 2008 compared to FY proposed rule. for comparison. (Individual values may 2007 due to a decrease in the budgeted e. Test and Research Reactors (Non- not sum to totals due to rounding.) resources for decommissioning, higher power Reactors) estimated part 170 collections, and Approximately $310,000 in budgeted adjustment for higher carryover. The costs is to be recovered through annual

TABLE XV.—ANNUAL FEE SUMMARY CALCULATIONS FOR TEST AND RESEARCH REACTORS [Dollars in millions]

FY 2007 FY 2008 Summary fee calculations final final

Total budgeted resources ...... $0.85 $0.99 Less estimated part 170 receipts ...... ¥0.55 ¥0.66

Net part 171 resources ...... 0.30 0.33 Allocated generic transportation ...... +0.01 +0.01 Allocated surcharge ...... ¥0.01 ¥0.01 Billing adjustments (including carryover) ...... +0.00 ¥0.02

Total required annual fee recovery ...... 0.31 0.31

This required annual fee recovery of 2005 authorizes the NRC to bill rare earth facility this fiscal year, no amount is divided equally among the 4 Federal facilities for part 170 services. budget resources were allocated to this fee class. NRC will not publish an test and research reactors subject to f. Rare Earth Facilities annual fees and results in a FY 2008 annual fee for the fee category 2.A.(2)(c) annual fee of $76,500 for each licensee. As discussed previously in Section in FY 2008. III.B.2 of this document, ‘‘Agreement The slight increase in annual fees from g. Materials Users FY 2007 to FY 2008 is due to an State Activities’’, NRC will no longer increase in budget resources partially regulate any licensees under the Rare Table XVI shows the calculation of offset by a higher part 170 revenue Earth fee class. The one licensee who the FY 2008 annual fee amount for has a specific license for receipt and materials users licensees. FY 2007 estimate for test and research reactors processing of source material transferred values are shown for comparison. class and adjustment for higher prior to the Agreement State, Commonwealth (Individual values may not sum to totals year collections. The part 170 revenue of Pennsylvania, effective March 31, due to rounding.) The following fee estimates for FY 2008 increased by 2008. In FY 2008, this rare earth facility categories under § 171.16 are included approximately 20 percent compared paid one-half of the annual fee in effect in this fee class: 1.C., 1.D., 2.B., 2.C., with FY 2007 due to increased billing on its anniversary date in January 2008. 3.A. through 3.S., 4.A. through 4.C., for test and research reactors, including Because the agency does not 5.A., 5.B., 6.A., 7.A. through 7.C., 8.A., Federal facilities. The Energy Policy Act anticipate receiving an application for a 9.A. through 9.D., 16, and 17.

TABLE XVI.—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions]

FY 2007 FY 2008 Summary fee calculations final final

Total budgeted resources ...... $25.8 $22.8 Less estimated part 170 receipts ...... ¥1.2 ¥2.0

Net part 171 resources ...... 24.6 20.8 Allocated generic transportation ...... +0.9 +0.9 Allocated surcharge ...... +0.3 +0.3 Billing adjustments (including carryover) ...... +0.0 ¥0.5

Total required annual fee recovery ...... 25.9 21.4

The annual fee for materials users charge decreased primarily due to III.B.3.h. The total required annual fees decreased in the final rule compared higher part 170 revenues for the to be recovered from materials licensees with the proposed rule due to a decrease Transportation fee class. See further decreased in FY 2008 mainly because of in allocated generic transportation discussion of the decrease in generic decreases in the budgeted resources charge. The generic transportation transportation resources in Section allocated to this fee class for licensing

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activities, and adjustment for higher regulate each category. This fee for FY 2008. The unique category costs carryover. Annual fees for all fee calculation also continues to consider are any special costs that the NRC has categories within the materials users fee the inspection frequency (priority), budgeted for a specific category of class decreased. The number of which is indicative of the safety risk and licenses. For FY 2008, approximately licensees also decreased because of the resulting regulatory costs associated $103,000 in budgeted costs for the transfer of licensees to the with the categories of licenses. implementation of revised 10 CFR part Commonwealth of Pennsylvania. The annual fee for these categories of 35, Medical Use of Byproduct Material Because the agreement with the materials users licenses is developed as (unique costs), has been allocated to Commonwealth of Pennsylvania became follows: holders of NRC human use licenses. effective March 31, 2008, the licenses Annual fee = Constant x [Application The annual fee to be assessed to each that transferred to the Commonwealth of Fee + (Average Inspection Cost licensee also includes a share of the Pennsylvania are subject to one-half of divided by Inspection Priority)] + $226,000 in fee relief allocated to the the NRC annual fees in FY 2008. Inspection Multiplier x (Average materials users fee class (see Section To equitably and fairly allocate the FY Inspection Cost divided by III.B.1., ‘‘Application of Fee Relief,’’ of 2008 $21.4 million (budgeted costs to be Inspection Priority) + Unique this document), and for certain recovered in annual fees) assessed to the Category Costs. categories of these licensees, a share of approximately 4,400 diverse materials The constant is the multiple necessary the approximately $509,000 in LLW users licensees, the NRC will continue to recover approximately $14.7 million surcharge costs allocated to the fee to base the annual fees for each fee in general costs (including allocated class. The annual fee for each fee category within this class on the part generic transportation costs) and is 0.77 category is shown in § 171.16(d). 170 application fees and estimated for FY 2008. The average inspection cost h. Transportation inspection costs for each fee category. is the average inspection hours for each Because the application fees and fee category multiplied by the hourly Table XVII shows the calculation of inspection costs are indicative of the rate of $238. The inspection priority is the FY 2008 generic transportation complexity of the license, this approach the interval between routine budgeted resources to be recovered continues to provide a proxy for inspections, expressed in years. The through annual fees. FY 2007 values are allocating the generic and other inspection multiplier is the multiple shown for comparison. (Individual regulatory costs to the diverse categories necessary to recover approximately $6.3 values may not sum to totals due to of licenses based on NRC’s cost to million in inspection costs, and is 1.39 rounding.)

TABLE XVII.—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION [Dollars in millions]

FY 2007 FY 2008 Summary fee calculations final final

Total budgeted resources ...... $5.0 $5.7 Less estimated part 170 receipts ...... ¥1.2 ¥2.3

Net part 171 resources ...... 3.8 3.4

The net FY 2008 budgeted resources annual fees for license fee classes. NRC budgeted resources for transportation. for generic transportation activities, will continue to assess a separate annual For the final fee rule, the generic including those to support DOE fee under § 171.16, fee category 18.A., transportation cost allocation to the Certificates of Compliance (CoCs), are for DOE transportation activities. The other fee classes decreased compared $3.4 million. The net part 171 resources CoCs for DOE decreased in FY 2008 with the proposed rule due to higher for these activities in the FY 2008 final compared to FY 2007 resulting in a part 170 estimate for generic rule decreased by $0.6 million lower annual fee for DOE under fee transportation activities. compared with the proposed rule. This category 18.A. decrease in the final rule is primarily These resources are distributed to The distribution of these resources to due to approximately 35 percent DOE (to be included in its annual fee the license fee classes and DOE is increase in part 170 revenue estimate as under fee category 18.A. of § 171.16) shown in Table XVIII. (Individual a result of increased billings for and each license fee class based on the values may not sum to totals due to transportation-related reviews. Generic CoCs used by DOE and each fee class, rounding.) The distribution is adjusted transportation resources associated with as a proxy for the generic resources to account for the licensees in each fee fee-exempt entities are not included in expended for each fee class. As such, class that are fee exempt. For example, this total. These costs are included in the amount of the generic resources if 3 CoCs benefit the entire test and the appropriate surcharge category (e.g., allocated is calculated by multiplying research reactor class, but only 4 of 30 the surcharge category for nonprofit the percentage of total CoCs used by test and research reactors are subject to educational institutions). each fee class (and DOE) by the total annual fees, the number of CoCs used to Consistent with the policy established generic transportation resources to be determine the proportion of generic in the NRC’s FY 2006 final fee rule (71 recovered. In FY 2008, the generic transportation resources allocated to test FR 30734; May 30, 2006), the NRC will transportation cost allocated to the other and research reactor annual fees equals recover generic transportation costs fee classes decreased slightly compared ((4/30)×3), or 0.4 CoCs. unrelated to DOE as part of existing to FY 2007 due to the decrease in net

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TABLE XVIII.—DISTRIBUTION OF GENERIC TRANSPORTATION RESOURCES, FY 2008 [Dollars in millions]

Allocated Number CoCs (Percentage of generic License fee class/DOE benefiting fee total CoCs transportation class (or DOE) percent) resources

Total ...... 128.0 100.0 $3.41 DOE ...... 31.0 24.2 0.83 Operating Power Reactors ...... 37.0 28.9 0.99 Spent Fuel Storage/Reactor Decommissioning ...... 9.0 7.0 0.24 Test and Research Reactors ...... 0.4 0.3 0.01 Fuel Facilities ...... 18.0 14.1 0.48 Materials Users ...... 32.6 25.4 0.87

The NRC will continue to assess DOE activities has been deleted. This will VI. Paperwork Reduction Act an annual fee based on the part 71 CoCs improve the clarity of the sentence. Statement it holds, and not allocate these DOE- In summary, the NRC is— This final rule does not contain related resources to other licensees’ 1. Using the NRC’s fee relief to reduce information collection requirements annual fees, because these resources and, therefore, is not subject to the specifically support DOE. Note that all licensees’ annual fees, based on their percent of the NRC budget; requirements of the Paperwork DOE’s annual fee includes a reduction Reduction Act of 1995, 44 U.S.C. 3501 for the fee relief (see Section III.B.1, 2. Revising the number of NRC et seq. ’Application of ‘‘Fee Relief’’’, of this licensees due to the Commonwealth of document), resulting in a total annual Pennsylvania becoming an Agreement VII. Regulatory Analysis fee of $719,000 for FY 2008. The fee State effective March 31, 2008; With respect to 10 CFR part 170, this decrease from last year is primarily due 3. Establishing rebaselined annual final rule was developed under Title V to a decrease in the number of DOE fees for FY 2008; and of the IOAA (31 U.S.C. 9701) and the CoCs. The annual fee for DOE in the Commission’s fee guidelines. When final rule decreased by approximately 4. Making certain administrative developing these guidelines the 18 percent compared with the proposed changes for purposes of clarification and Commission took into account guidance rule due to higher part 170 estimate. consistency. provided by the U.S. Supreme Court on IV. Voluntary Consensus Standards March 4, 1974, in National Cable 4. Administrative Amendments Television Association, Inc. v. United The NRC is adding program codes The National Technology Transfer States, 415 U.S. 36 (1974) and Federal next to the materials users fee categories and Advancement Act of 1995, 15 Power Commission v. New England in § 171.16. At the time NRC receives a U.S.C. 3701, requires that Federal Power Company, 415 U.S. 345 (1974). In materials users license application, a agencies use technical standards that are these decisions, the Court held that the five-digit program code number is developed or adopted by voluntary IOAA authorizes an agency to charge assigned by the agency to each license consensus standards bodies unless fees for special benefits rendered to to designate the major activity or using these standards is inconsistent identifiable persons measured by the principal use authorized in the license. with applicable law or is otherwise ‘‘value to the recipient’’ of the agency More than one code may apply to a impractical. In this final rule, the NRC service. The meaning of the IOAA was given license. The fee amount for the is amending the licensing, inspection, further clarified on December 16, 1976, license under the 10 CFR parts 170 and and annual fees charged to its licensees by four decisions of the U.S. Court of Appeals for the District of Columbia: 171 is determined by the fee category and applicants as necessary to recover National Cable Television Association which is also based on the authorized approximately 90 percent of its budget v. Federal Communications usage described on the license. To authority in FY 2008, as required by the Commission, 554 F.2d 1094 (D.C. Cir. reduce the risk of misinterpretation of OBRA–90, as amended. This action does 1976); National Association of material uses authorized in the license not constitute the establishment of a Broadcasters v. Federal while establishing a fee category, the standard that contains generally Communications Commission, 554 F.2d NRC is implementing a process that applicable requirements. 1118 (D.C. Cir. 1976); Electronic links a program code directly to a fee V. Environmental Impact: Categorical Industries Association v. Federal category. Once a program code is Exclusion Communications Commission, 554 F.2d assigned to the license, it will assist the 1109 (D.C. Cir. 1976); and Capital Cities licensee to correctly identify the fee The NRC has determined that this Communication, Inc. v. Federal amount(s) by looking up the program final rule is the type of action described Communications Commission, 554 F.2d code(s) in § 171.16. in categorical exclusion 10 CFR 1135 (D.C. Cir. 1976). The Commission’s The NRC is modifying the second 51.22(c)(1). Therefore, neither an fee guidelines were developed based on sentence of footnote 1 in § 171.16 to environmental assessment nor an these legal decisions. clarify that the annual fee waiver will be environmental impact statement has The Commission’s fee guidelines were granted if the licensed activities have been prepared for the final regulation. upheld on August 24, 1979, by the U.S. permanently ceased before the By its very nature, this regulatory action Court of Appeals for the Fifth Circuit in beginning of the fiscal year. The does not affect the environment and, Mississippi Power and Light Co. v. U.S. reference to the last day of the prior year therefore, no environmental justice Nuclear Regulatory Commission, 601 as the date for cessation of licensed issues are raised. F.2d 223 (5th Cir. 1979), cert. denied,

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444 U.S. 1102 (1980). This court held appropriated from the NWF to cover the apply to this final rule and that a backfit that: NRC’s high-level waste program and for analysis is not required for this final (1) The NRC had the authority to WIR, generic homeland security rule. The backfit analysis is not required recover the full cost of providing activities, and less the amount of funds because these amendments do not services to identifiable beneficiaries; collected from part 170 fees; require the modification of, or additions (2) The NRC could properly assess a (2) The annual fees shall, to the to systems, structures, components, or fee for the costs of providing routine maximum extent practicable, have a the design of a facility, or the design inspections necessary to ensure a reasonable relationship to the cost of approval or manufacturing license for a licensee’s compliance with the Atomic regulatory services provided by the facility, or the procedures or Energy Act of 1954 and with applicable Commission; and organization required to design, regulations; (3) The annual fees be assessed to construct, or operate a facility. (3) The NRC could charge for costs those licensees the Commission, in its incurred in conducting environmental discretion, determines can fairly, X. Congressional Review Act reviews required by the National equitably, and practicably contribute to In accordance with the Congressional Environmental Policy Act, 42 U.S.C. their payment. Review Act of 1996, 5 U.S.C. 801–808, 4321; 10 CFR part 171, which established the NRC has determined that this action (4) The NRC properly included the annual fees for operating power reactors is a major rule and has verified the costs of uncontested hearings and of effective October 20, 1986 (51 FR 33224; determination with the Office of administrative and technical support September 18, 1986), was challenged Information and Regulatory Affairs of services in the fee schedule; and upheld in its entirety in Florida the Office of Management and Budget. (5) The NRC could assess a fee for Power and Light Company v. United renewing a license to operate a low- States, 846 F.2d 765 (D.C. Cir. 1988), List of Subjects level radioactive waste burial site; and cert. denied, 490 U.S. 1045 (1989). 10 CFR Part 170 (6) The NRC’s fees were not arbitrary Further, the NRC’s FY 1991 annual fee or capricious. rule methodology was upheld by the Byproduct material, Import and With respect to 10 CFR part 171, on D.C. Circuit Court of Appeals in Allied export licenses, Intergovernmental November 5, 1990, the Congress passed Signal v. NRC, 988 F.2d 146 (D.C. Cir. relations, Non-payment penalties, OBRA–90, which required that, for FYs 1993). nuclear materials, nuclear power plants 1991 through 1995, approximately 100 and reactors, source material, special percent of the NRC budget authority be VIII. Regulatory Flexibility Analysis nuclear material. recovered through the assessment of The NRC is required by the OBRA–90, 10 CFR Part 171 fees. OBRA–90 was subsequently as amended, to recover approximately amended to extend the 100 percent fee 90 percent of its FY 2008 budget Annual charges, byproduct material, recovery requirement through FY 2000. authority through the assessment of user holders of certificates, registrations, The FY 2001 Energy and Water fees. This Act further requires that the approvals, intergovernmental relations, Development Appropriation Act NRC establish a schedule of charges that non-payment penalties, nuclear (EWDAA) amended OBRA–90 to fairly and equitably allocates the materials, nuclear power plants and decrease the NRC’s fee recovery amount aggregate amount of these charges reactors, source material, special by 2 percent per year beginning in FY among licensees. nuclear material. 2001, until the fee recovery amount was This final rule establishes the I For the reasons set out in the 90 percent in FY 2005. The FY 2007 schedules of fees that are necessary to preamble and under the authority of the EWDAA extended this 90 percent fee implement the Congressional mandate Atomic Energy Act of 1954, as amended; recovery requirement for FY 2007. for FY 2008. This rule would result in the Energy Reorganization Act of 1974, Section 637 of the Energy Policy Act of increases in the annual fees charged to as amended; and 5 U.S.C. 553, the NRC 2005 made the 90 percent fee recovery certain licensees and holders of is adopting the following amendments requirement permanent in FY 2007. As certificates, registrations, and approvals, to 10 CFR parts 170 and 171. a result, the NRC is required to recover and decreases in annual fees for others. approximately 90 percent of its FY 2008 Licensees affected by the annual fee PART 170—FEES FOR FACILITIES, budget authority, less the amounts decreases include those that qualify as MATERIALS, IMPORT AND EXPORT appropriated from the NWF, amounts a small entity under NRC’s size LICENSES, AND OTHER appropriated for WIR, and amounts standards in 10 CFR 2.810. The REGULATORY SERVICES UNDER THE appropriated for generic homeland Regulatory Flexibility Analysis, ATOMIC ENERGY ACT OF 1954, AS security activities through fees. To prepared in accordance with 5 U.S.C. AMENDED comply with this statutory requirement 604, is included as Appendix A to this and in accordance with 10 CFR 171.13, final rule. I 1. The authority citation for part 170 the NRC is publishing the amount of the The Congressional Review Act of continues to read as follows: FY 2008 annual fees for reactor 1996 requires all Federal agencies to Authority: Sec. 9701, Pub. L. 97–258, 96 licensees, fuel cycle licensees, materials prepare a written compliance guide for Stat. 1051 (31 U.S.C. 9701); sec. 301, Pub. L. licensees, and holders of Certificates of each rule for which the agency is 92–314, 86 Stat. 227 (42 U.S.C. 2201w); sec. Compliance, registrations of sealed required by 5 U.S.C. 604 to prepare a 201, Pub. L. 93–438, 88 Stat. 1242, as source and devices, and Government regulatory flexibility analysis. amended (42 U.S.C. 5841); sec. 205a, Pub. L. agencies. OBRA–90, consistent with the Therefore, in compliance with the law, 101–576, 104 Stat. 2842, as amended (31 U.S. C. 901, 902); sec. 1704, 112 Stat. 2750 (44 accompanying Conference Committee Attachment 1 to the Regulatory Report, and the amendments to OBRA– U.S.C. 3504 note); sec. 623, Pub. L. 109–58, Flexibility Analysis is the small entity 119 Stat. 783 (42 U.S.C. 2201(w)); sec. 651(e), 90, provides that— compliance guide for FY 2008. Pub. L. 109–58, 119 Stat. 806–810 (42 U.S.C. (1) The annual fees be based on 2014, 2021, 2021b, 2111). approximately 90 percent of the IX. Backfit Analysis Commission’s FY 2008 budget of $926.1 The NRC has determined that the I 2. Section 170.20 is revised to read as million less the funds directly backfit rule, 10 CFR 50.109, does not follows:

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§ 170.20 Average cost per professional other required reviews, approvals, and § 170.21 Schedule of fees for production staff-hour. inspections under §§ 170.21 and 170.31 and utilization facilities, review of standard Fees for permits, licenses, will be calculated using the professional referenced design approvals, special staff-hour rate of $238 per hour. projects, inspections and import and export amendments, renewals, special projects, licenses. 10 CFR part 55 re-qualification and I 3. In § 170.21, in the table, fee replacement examinations and tests, category K is revised to read as follows: * * * * *

SCHEDULE OF FACILITY FEES [See footnotes at end of table]

Facility categories and type of fees Fees 1, 2

******* K. Import and export licenses: Licenses for the import and export only of production and utilization facilities or the export only of components for produc- tion and utilization facilities issued under 10 CFR part 110: 1. Application for import or export of production and utilization facilities 4 (including reactors and other facilities) and ex- ports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request ...... $15,500 2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions under 10 CFR 110.41(a)(1)–(8). Application—new license, or amendment; or license exemption request ...... 9,100 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ...... 3,800 4. Application for export of facility components and equipment (examples provided in 10 CFR part 110, Appendix A, Items (5) through (9)) not requiring Commission or Executive Branch review, or obtaining foreign government assur- ances. Application—new license, or amendment; or license exemption request ...... 2,400 5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domes- tic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities. Minor amendment to license ...... 720 1 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under § 2.202 of this chapter or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for ap- provals issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 73.5) and any other sections in effect now or in the future, regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect at the time the service was provided. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be as- sessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which ex- ceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20. ******* 4 Imports only of major components for end-use at NRC–licensed reactors are now authorized under NRC general import license.

I 4. In § 170.31, the table is revised to § 170.31 Schedule of fees for materials read as follows: licenses and other regulatory services, including inspections, and import and export licenses. * * * * *

SCHEDULE OF MATERIALS FEES [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2, 3

1. Special nuclear material: A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities. (a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] ...... Full Cost. (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] ... Full Cost. (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities (a) Facilities with limited operations [Program Code(s): 21310, 21320] ...... Full Cost. (b) Gas centrifuge enrichment demonstration facilities ...... Full Cost. (c) Others, including hot cell facilities ...... Full Cost.

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SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2, 3

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent Full Cost. spent fuel storage installation (ISFSI) [Program Code(s): 23200]. C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers 4 Application [Program Code(s): 22140] ...... $1,100. D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in a com- bination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A 4 Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22163, 22170, 23100, 2,200. 23300, 23310]. E. Licenses or certificates for construction and operation of a uranium enrichment facility [Program Code(s): 21200] ...... Full Cost. 2. Source material: A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride Full Cost. [Program Code(s): 11400]. (2) Licenses for possession and use of source material in recovery operations such as milling, in situ leaching, heap-leach- ing, ore buying stations, ion exchange facilities and in processing of ores containing source material for extraction of met- als other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. (a) Class I facilities [Program Code(s): 11100] ...... Full Cost. (b) Class II facilities [Program Code(s): 11500] ...... Full Cost. (c) Other facilities [Program Code(s): 11700] ...... Full Cost. (3) Licenses that authorize the receipt of byproduct material, as defined in § 11e.(2) of the Atomic Energy Act, from other Full Cost. persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600]. (4) Licenses that authorize the receipt of byproduct material, as defined in § 11e.(2) of the Atomic Energy Act, from other Full Cost. persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2). (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from Full Cost. drinking water. B. Licenses which authorize the possession, use, and/or installation of source material for shielding. Application [Program Code(s): 11210] ...... 260. C. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ...... 9,400. 3. Byproduct material: A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Application [Program Code(s): 03211, 03212, 03213] ...... 11,200. B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manu- facturing of items containing byproduct material for commercial distribution. Application [Program Code(s): 03214, 03215, 22135, 22162] ...... 4,200. C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribu- tion or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manu- facturing is exempt under § 170.11(a)(4). These licenses are covered by fee Category 3.D. Application [Program Code(s): 02500, 02511, 02513] ...... 7,400. D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct material. This category includes licenses issued under §§ 32.72 and/or 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Application [Program Code(s): 02512, 02514] ...... 4,100. E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520] ...... 2,700. F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of ma- terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra- diation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03511] ...... 5,600. G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of mate- rials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradia- tion of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03521] ...... 13,300. H. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the li- censing requirements of part 30 of this chapter. Application [Program Code(s): 03255] ...... 9,700.

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SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2, 3

I. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03250, 03251, 03252, 03253, 03254, 03256] ...... 9,700. J. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not in- clude specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally li- censed under part 31 of this chapter. Application [Program Code(s): 03240, 03241, 03243] ...... 1,700. K. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been author- ized for distribution to persons generally licensed under part 31 of this chapter. Application [Program Code(s): 03242, 03244] ...... 1,000. L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for re- search and development that do not authorize commercial distribution. Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ...... 9,400. M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and devel- opment that do not authorize commercial distribution. Application [Program Code(s): 03620] ...... 3,300. N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C Application [Program Code(s): 03219, 03225, 03226] ...... 6,100. O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography op- erations. Application [Program Code(s): 03310, 03320] ...... 4,500. P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 1,300. 03810, 22130]. Q. Registration of a device(s) generally licensed under part 31 of this chapter. Registration ...... 270. R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section.6 1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4) or (5) but less than or equal to 10 times the number of items or limits specified. Application [Program Code(s): 02700] ...... 550. 2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4) or (5).C. Application [Program Code(s): 02710] ...... 1,300. S. Licenses for production of accelerator-produced radionuclides. Application [Program Code(s): 03210] ...... 7,400. 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from Full Cost. other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material [Program Code(s): 03231, 03233, 03235, 03236, 06100, 06101]. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by trans- fer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234] ...... 2,900. C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03232] ...... 4,300. 5. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110, 03111, 03112] ...... 1,600. B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s): 03113] ...... Full Cost. 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. Application [Program Code(s): 03218] ...... 19,000. 7. Medical licenses:

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SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2, 3

A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. Application [Program Code(s): 02300, 02310] ...... 10,400. B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byprod- uct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Application [Program Code(s): 02110] ...... 7,400. C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate- rial, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ...... 2,300. 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activi- ties. Application [Program Code(s): 03710] ...... 550. 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, ex- cept reactor fuel devices, for commercial distribution. Application—each device ...... 19,500. B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manu- factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. Application—each device ...... 19,500. C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except re- actor fuel, for commercial distribution. Application—each source ...... 2,700. D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufac- tured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source ...... 910. 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ...... Full Cost. 2. Other Casks ...... Full Cost. B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators. Application ...... 4,400. Inspections ...... Full Cost. 2. Users. Application ...... 4,400. Inspections ...... Full Cost. C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization Full Cost. devices). 11. Review of standardized spent fuel facilities ...... Full Cost. 12. Special projects: Including approvals, preapplication/licensing activities, and inspections ...... Full Cost. 13. A. Spent fuel storage cask Certificate of Compliance ...... Full Cost. B. Inspections related to storage of spent fuel under § 72.210 of this chapter ...... Full Cost. 14. A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamina- Full Cost. tion, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter. B. Site-specific decommissioning activities associated with unlicensed sites, regardless of whether or not the sites have been Full Cost. previously licensed. 15. Import and Export licenses: Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, trit- ium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E.). A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request ...... 15,500. B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires NRC to consult with domestic host state authorities, Low-Level Radioactive Waste Compact Commission, the U.S. Environ- mental Protection Agency, etc. Application—new license, or amendment; or license exemption request ...... 9,100. C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ...... 3,800. D. Application for export or import of nuclear material, including radioactive waste, not requiring Commission or Executive Branch review, or obtaining foreign government assurances. This category includes applications for export or import of ra- dioactive waste where the NRC has previously authorized the export or import of the same form of waste to or from the same or similar parties located in the same country, requiring only confirmation from the receiving facility and licensing au- thorities that the shipments may proceed according to previously agreed understandings and procedures.

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SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2, 3

Application—new license, or amendment; or license exemption request ...... 2,400. E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic in- formation, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and therefore, do not require in-depth analysis, re- view, or consultations with other Executive Branch, U.S. host state, or foreign government authorities. Minor amendment ...... 720. Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of radio- active material listed in Appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.) 5 Category 1 Exports: F. Application for export of Category 1 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). Application—new license, or amendment; or license exemption request ...... 15,500. G. Application for export of Category 1 materials requiring Executive Branch review, Commission review, and/or government- to-government consent. Application—new license, or amendment; or license exemption request ...... 9,100. H. Application for export of Category 1 materials requiring Commission review and government-to-government consent. Application—new license, or amendment; or license exemption request ...... 5,700. I. Application for export of Category 1 material requiring government-to-government consent Application—new license, or amendment; or license exemption request ...... 4,800. Category 2 Exports: J. Application for export of Category 2 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). Application—new license, or amendment; or license exemption request ...... 15,500. K. Applications for export of Category 2 materials requiring Executive Branch review and/or Commission review. Application—new license, or amendment; or license exemption request ...... 9,100. L. Application for the export of Category 2 materials. Application—new license, or amendment; or license exemption request ...... 4,300. Category 1 Imports: M. Application for the import of Category 1 material requiring Commission review. Application—new license, or amendment; or license exemption request ...... 4,500. N. Application for the import of Category 1 material. Application—new license, or amendment; or license exemption request ...... 3,800. Category 2 Imports: O. Application for the import of Category 2 material. Application—new license, or amendment; or license exemption request ...... 3,300. Category 1 Imports With Agent and Multiple Licensees: P. Application for the import of Category 1 material with agent and multiple licensees requiring Commission review. Application—new license, or amendment; or license exemption request ...... 5,200. Q. Application for the import of Category 1 material with agent and multiple licensees. Application—new license, or amendment; or license exemption request ...... 4,300. Minor Amendments (Category 1 and 2 Export and Imports): R. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic in- formation, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and therefore, do not require in-depth analysis, re- view, or consultations with other Executive Branch, U.S. host state, or foreign authorities. Minor amendment ...... 720. 16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20. Application ...... 1,400. 17. Master materials licenses of broad scope issued to Government agencies: Application ...... 22,000. 18. Department of Energy A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (including spent fuel, high-level waste, Full Cost. and other casks, and plutonium air packages). B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ...... Full Cost. 1 Types of fees—Separate charges, as shown in the schedule, will be assessed for pre-application consultations and reviews; applications for new licenses, approvals, or license terminations; possession only licenses; issuance of new licenses and approvals; certain amendments and re- newals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain inspections. The following guidelines apply to these charges: (a) Application and registration fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, terminated, or inactive licenses except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category. (1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category. (2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee Category 1.C. only. (b) Licensing fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing licenses, pre-application consultations and reviews of other documents submitted to NRC for review, and project manager time for fee categories subject to full cost fees, are due upon notification by the Commission in accordance with § 170.12(b). (c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category would apply.

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(d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and non-routine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c). (e) Generally licensed device registrations under 10 CFR 31.5. Submittals of registration information must be accompanied by the prescribed fee. 2 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Categories 9.A. through 9.D. 3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in § 170.20 in effect at the time the service is provided, and the appropriate contractual support services expended. For applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amend- ment, revision, or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20. 4 Licensees paying fees under Categories 1.A., 1.B., and 1.E. are not subject to fees under Categories 1.C. and 1.D. for sealed sources au- thorized in the same license except for an application that deals only with the sealed sources authorized by the license. 5 For a combined import and export license application for material listed in Appendix P to part 110 of this chapter, only the higher of the two applicable fee amounts must be paid. 6 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.)

PART 171—ANNUAL FEES FOR (surcharges). The activities comprising (d)(1)(iii) of this section for a given FY, REACTOR LICENSES AND FUEL the FY 2008 spent storage/reactor a negative surcharge (or annual fee CYCLE LICENSES AND MATERIALS decommissioning base annual fee are reduction) will be allocated to annual LICENSES, INCLUDING HOLDERS OF shown in paragraphs (c)(2)(i) and (ii) of fees. The activities comprising the FY CERTIFICATES OF COMPLIANCE, this section. The activities comprising 2008 surcharge are as follows: REGISTRATIONS, AND QUALITY the FY 2008 surcharge are shown in * * * * * ASSURANCE PROGRAM APPROVALS paragraph (d)(1) of this section. The (2) The total FY 2008 surcharge AND GOVERNMENT AGENCIES activities comprising the FY 2008 base allocated to the operating power reactor LICENSED BY THE NRC annual fee for operating power reactors class of licenses is ¥$5.9 million, not are as follows: I including the amount allocated to the 5. The authority citation for part 171 * * * * * spent fuel storage/reactor continues to read as follows: (c)(1) The FY 2008 annual fee for each decommissioning class. The FY 2008 Authority: Sec. 7601, Pub. L. 99–272, 100 power reactor holding a 10 CFR part 50 operating power reactor surcharge to be Stat. 146, as amended by sec. 5601, Pub. L. license that is in a decommissioning or assessed to each operating power reactor 100–203, 101 Stat. 1330 as amended by sec. possession only status and has spent is approximately ¥$57,000. This 3201, Pub. L. 101–239, 103 Stat. 2132, as amended by sec. 6101, Pub. L. 101–508, 104 fuel onsite, and each independent spent amount is calculated by dividing the Stat. 1388, as amended by sec. 2903a, Pub. fuel storage 10 CFR part 72 licensee who total operating power reactor surcharge L. 102–486, 106 Stat. 3125 (42 U.S.C. 2213, does not hold a 10 CFR part 50 license (¥$5.9 million) by the number of 2214), and as amended by Title IV, Pub. L. is $135,000. operating power reactors (104). 109–103, 119 Stat. 2283 (42 U.S.C. 2214); sec. (2) The FY 2008 annual fee is (3) The FY 2008 surcharge allocated 301, Pub. L. 92–314, 86 Stat. 227 (42 U.S.C. comprised of a base spent fuel storage/ to the spent fuel storage/reactor 2201w); sec. 201, Pub. L. 93–438, 88 Stat. reactor decommissioning annual fee decommissioning class of licenses is 1242, as amended (42 U.S.C. 5841); sec. 1704, (which is also included in the operating ¥ 112 Stat. 2750 (44 U.S.C. 3504 note); sec. $258,000. The FY 2008 spent fuel 651(e), Pub. L. 109–58, 119 Stat. 806–810 (42 power reactor annual fee shown in storage/reactor decommissioning U.S.C. 2014, 2021, 2021b, 2111). paragraph (b) of this section), and an surcharge to be assessed to each additional charge (surcharge). The operating power reactor, each power I 6. In § 171.15, paragraph (b)(1), the activities comprising the FY 2008 reactor in decommissioning or introductory text of paragraph (b)(2), surcharge are shown in paragraph (d)(1) possession only status that has spent paragraph (c)(1), the introductory text of of this section. The activities comprising fuel onsite, and to each independent paragraphs (c)(2) and (d)(1), and the FY 2008 spent fuel storage/reactor spent fuel storage 10 CFR part 72 paragraphs (d)(2), (d)(3), and (e), are decommissioning rebaselined annual licensee who does not hold a 10 CFR revised to read as follows: fee are: part 50 license is approximately § 171.15 Annual fees: Reactor licenses * * * * * ¥$2,097. This amount is calculated by and independent spent fuel storage (d)(1) The surcharge allocated to dividing the total surcharge costs licenses. annual fees includes the budgeted allocated to this class by the total * * * * * resources for the activities listed in number of power reactor licenses, (b)(1) The FY 2008 annual fee for each paragraph (d)(1)(i) of this section, plus except those that permanently ceased operating power reactor which must be the total budgeted resources for the operations and have no fuel onsite, and collected by September 30, 2008, is activities included in paragraphs 10 CFR part 72 licensees who do not $4,032,000. (d)(1)(ii) and (d)(1)(iii) of this section as hold a 10 CFR part 50 license. (2) The FY 2008 annual fee is reduced by the appropriations NRC (e) The FY 2008 annual fees for comprised of a base annual fee for receives for these types of activities. If licensees authorized to operate a test power reactors licensed to operate, a the NRC’s appropriations for these types and research (non-power) reactor base spent fuel storage/reactor of activities are greater than the licensed under part 50 of this chapter, decommissioning annual fee, and budgeted resources for the activities unless the reactor is exempted from fees associated additional charges included in paragraphs (d)(1)(ii) and under § 171.11(a), are as follows:

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§ 171.16 Annual fees: Materials licensees, qualifies as a small entity and provides Research reactor ...... $76,500 holders of certificates of compliance, the Commission with the proper holders of sealed source and device Test reactor ...... 76,500 certification along with its annual fee registrations, holders of quality assurance payment, the licensee may pay reduced I 7. In § 171.16, paragraphs (c), (d), and program approvals, and government agencies licensed by the NRC. annual fees as shown in the following the introductory text of paragraph (e) are table. Failure to file a small entity revised to read as follows: * * * * * certification in a timely manner could (c) A licensee who is required to pay result in the denial of any refund that an annual fee under this section may might otherwise be due. The small qualify as a small entity. If a licensee entity fees are as follows:

Maximum annual fee per licensed category

Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): $350,000 to $6.5 million ...... $2,300 Less than $350,000 ...... 500 Small Not-For-Profit Organizations (Annual Gross Receipts): $350,000 to $6.5 million ...... 2,300 Less than $350,000 ...... 500 Manufacturing entities that have an average of 500 employees or fewer: 35 to 500 employees ...... 2,300 Fewer than 35 employees ...... 500 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 2,300 Fewer than 20,000 ...... 500 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 35 to 500 employees ...... 2,300 Fewer than 35 employees ...... 500

(d) The FY 2008 annual fees are surcharge are shown for convenience in or approvals subject to fees under this comprised of a base annual fee and an paragraph (e) of this section. The FY section are shown in the following table: additional charge (surcharge). The 2008 annual fees for materials licensees activities comprising the FY 2008 and holders of certificates, registrations

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC [See footnotes at end of table]

Category of materials licenses Annual fees 1, 2, 3

1. Special nuclear material: A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities (a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] ...... $3,007,000 (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] ... 899,000 (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities. (a) Facilities with limited operations [Program Code(s): 21310, 21320] ...... 341,000 (b) Gas centrifuge enrichment demonstration facilities ...... 558,000 (c) Others, including hot cell facilities ...... 248,000 B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent N/A 11 spent fuel storage installation (ISFSI) [Program Code(s): 23200]. C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial 1,600 measuring systems, including x-ray fluorescence analyzers [Program Code(s): 22140]. D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in com- 4,500 bination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1.A.(2) [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22163, 22170, 23100, 23300, 23310]. E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] ...... 1,705,000 2. Source material: A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride 589,000 [Program Code(s): 11400]. (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, heap-leach- ing, ore buying stations, ion exchange facilities and in-processing of ores containing source material for extraction of met- als other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. (a) Class I facilities 4 [Program Code(s): 11100] ...... 10,300 (b) Class II facilities 4 [Program Code(s): 11500] ...... 10,300 (c) Other facilities 4 [Program Code(s): 11700] ...... N/A 5

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table]

Category of materials licenses Annual fees 1, 2, 3

(3) Licenses that authorize the receipt of byproduct material, as defined in § 11e.(2) of the Atomic Energy Act, from other N/A 5 persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600]. (4) Licenses that authorize the receipt of byproduct material, as defined in § 11e.(2) of the Atomic Energy Act, from other 10,300 persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2). (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from 6,200 drinking water. B. Licenses that authorize only the possession, use and/or installation of source material for shielding [Program Code(s): 590 11210]. C. All other source material licenses [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ...... 10,200 3. Byproduct material: A. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for 22,900 processing or manufacturing of items containing byproduct material for commercial distribution [Program Code(s): 03211, 03212, 03213]. B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manu- 6,500 facturing of items containing byproduct material for commercial distribution [Program Code(s): 03214, 03215, 22135, 22162]. C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter authorizing the processing or manufacturing and distribution 9,200 or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing byproduct mate- rial. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when included on the same license. This category does not apply to licenses issued to nonprofit educational insti- tutions whose processing or manufacturing is exempt under § 171.11(a)(1). These licenses are covered by fee under Cat- egory 3.D. [Program Code(s): 02500, 02511, 02513]. D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of 5,200 radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of byproduct material. This category includes licenses issued under §§ 32.72 and 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 171.11(a)(1). This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when included on the same license [Program Code(s): 02512, 02514]. E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is 3,100 not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520]. F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of ma- 6,100 terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra- diation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03511]. G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of mate- 24,400 rials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradia- tion of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03521]. H. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material that require 8,700 device review to persons exempt from the licensing requirements of part 30 of this chapter, except specific licenses au- thorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing require- ments of part 30 of this chapter [Program Code(s): 03255]. I. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of 8,100 byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to per- sons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 03251, 03252, 03253, 03254, 03256]. J. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material that require 1,900 sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03240, 03241, 03243]. K. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities 1,500 of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to per- sons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244]. L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for re- 11,600 search and development that do not authorize commercial distribution [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613]. M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and devel- 4,200 opment that do not authorize commercial distribution [Program Code(s): 03620]. N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing 6,500 services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C. [Program Code(s): 03219, 03225, 03226]. O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography op- 11,100 erations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license [Program Code(s): 03310, 03320]. P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. [Program Code(s): 02400, 2,100 02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 03810, 22130]. Q. Registration of devices generally licensed under part 31 of this chapter ...... N/A 13

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table]

Category of materials licenses Annual fees 1, 2, 3

R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section: 14 1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal 1,700 to 10 times the number of items or limits specified [Program Code(s): 02700]. 2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4), or (5) 2,100 [Program Code(s): 02710]. S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ...... 8,400 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from N/A 5 other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material [Program Code(s): 03231, 03233, 03235, 03236, 06100, 06101]. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from 9,300 other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by trans- fer to another person authorized to receive or dispose of the material [Program Code(s): 03234]. C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear 7,200 material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material [Program Code(s): 03232]. 5. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, 3,400 well surveys, and tracer studies other than field flooding tracer studies [Program Code(s): 03110, 03111, 03112]. B. Licenses for possession and use of byproduct material for field flooding tracer studies [Program Code(s): 03113] ...... N/A 5 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special 20,600 nuclear material [Program Code(s): 03218]. 7. Medical licenses: A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or 10,500 special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license [Program Code(s): 02300, 02310. B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of 22,900 this chapter authorizing research and development, including human use of byproduct material except licenses for byprod- uct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 [Program Code(s): 02110]. C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate- 3,900 rial, and/or special nuclear material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160]. 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activi- 1,700 ties [Program Code(s): 03710]. 9. Device, product, or sealed source safety evaluation: A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or 14,700 special nuclear material, except reactor fuel devices, for commercial distribution. B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or 14,700 special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special 2,000 nuclear material, except reactor fuel, for commercial distribution. D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special 700 nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. 10. Transportation of radioactive material: A. Certificates of Compliance or other package approvals issued for design of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ...... N/A 6 2. Other Casks ...... N/A 6 B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators ...... N/A 6 2. Users ...... N/A 6 C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization N/A 6 devices). 11. Standardized spent fuel facilities ...... N/A 6 12. Special Projects ...... N/A 6 13. A. Spent fuel storage cask Certificate of Compliance ...... N/A 6 B. General licenses for storage of spent fuel under 10 CFR 72.210 N/A 12 14. Decommissioning/Reclamation:

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table]

Category of materials licenses Annual fees 1, 2, 3

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamina- N/A 7 tion, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter. B. Site-specific decommissioning activities associated with unlicensed sites, whether or not the sites have been previously li- N/A 7 censed. 15. Import and Export licenses ...... N/A 8 16. Reciprocity ...... N/A 8 17. Master materials licenses of broad scope issued to Government agencies ...... 225,000 18. Department of Energy: A. Certificates of Compliance ...... 719,000 10 B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ...... 398,000 1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1, 2007, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certifi- cate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. Licensees paying annual fees under Category 1.A.(1) are not subject to the annual fees for Categories 1.C. and 1.D. for sealed sources authorized in the license. 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. 3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal Register for notice and comment. 4 A Class I license includes mill licenses issued for the extraction of uranium from uranium ore. A Class II license includes solution mining li- censes (in-situ and heap leach) issued for the extraction of uranium from uranium ores including research and development licenses. An ‘‘other’’ license includes licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider es- tablishing an annual fee for this type of license. 6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily at- tributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are li- censed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under Categories 7.B. or 7.C. 10 This includes Certificates of Compliance issued to DOE that are not under the Nuclear Waste Fund. 11 See § 171.15(c). 12 See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this cat- egory will be recovered through 10 CFR part 170 fees. 14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.)

(e) The surcharge allocated to annual For the Nuclear Regulatory Commission. Small Business Administration’s most fees includes the budgeted resources for J.E. Dyer, common receipts-based size standards and the activities listed in paragraph (e)(1) of Chief Financial Officer. include a size standard for business concerns that are manufacturing entities. The NRC this section, plus the total budgeted Note: THIS APPENDIX WILL NOT uses the size standards to reduce the impact resources for the activities included in APPEAR IN THE CODE OF FEDERAL of annual fees on small entities by paragraphs (e)(2) and (e)(3) of this REGULATIONS. establishing a licensee’s eligibility to qualify section as reduced by the appropriations for a maximum small entity fee. The small NRC receives for these types of Appendix A to This Final Rule— entity fee categories in § 171.16(c) of this activities. If the NRC’s appropriations Regulatory Flexibility Analysis for the final rule are based on the NRC’s size for these types of activities are greater Final Amendments to 10 CFR Part 170 standards. The NRC is required each year, under than the budgeted resources for the (License Fees) and 10 CFR Part 171 (Annual Fees) OBRA–90, as amended, to recover activities included in paragraphs (e)(2) approximately 90 percent of its budget and (e)(3) of this section for a given FY, I. Background authority (less amounts appropriated from a negative surcharge (or annual fee The Regulatory Flexibility Act (RFA), as the NWF and for other activities specifically reduction) will be allocated to annual amended 5 U.S.C. 601 et. seq., requires that removed from the fee base), through fees to fees. The activities comprising the FY agencies consider the impact of their NRC licensees and applicants. In total, the 2008 surcharge are as follows: rulemakings on small entities and, consistent NRC is required to bill approximately $760.7 with applicable statutes, consider million in fees for FY 2008. * * * * * alternatives to minimize these impacts on the OBRA–90 requires that the schedule of Dated at Rockville, Maryland, this 16th day businesses, organizations, and government charges established by rulemaking should of May, 2008. jurisdictions to which they apply. fairly and equitably allocate the total amount The NRC has established standards for to be recovered from the NRC’s licensees and determining which NRC licensees qualify as be assessed under the principle that licensees small entities (10 CFR 2.810). These size who require the greatest expenditure of standards were established based on the agency resources pay the greatest annual

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charges. Since FY 1991, the NRC has 2. Some firms would be forced to cancel maximum small entity annual fee in FY complied with OBRA–90 by issuing a final their licenses. A licensee with receipts of less 1991. rule that amends its fee regulations. These than $500,000 per year stated that the The NRC maximum small entity fee was final rules have established the methodology proposed rule would, in effect, force it to established as an annual fee only. In addition used by the NRC in identifying and relinquish its soil density gauge and license, to the annual fee, NRC small entity licensees determining the fees to be assessed and thereby reducing its ability to do its work were required to pay amendment, renewal collected in any given FY. effectively. Other licensees, especially well- and inspection fees. In setting the small The Commission is rebaselining its part loggers, noted that the increased fees would entity annual fee, NRC ensured that the total 171 annual fees in FY 2008. Rebaselining fees force small businesses to get rid of the amount small entities paid annually would results in increased annual fees compared to materials license altogether. Commenters not exceed the maximum paid in the six FY 2007 for the power reactors and non- stated that the proposed rule would result in benchmark Agreement States. power reactors, and decreased annual fees for about 10 percent of the well-logging licensees Of the six benchmark states, the maximum four classes of licenses (spent fuel storage/ terminating their licenses immediately and Agreement State fee of $3,800 in Washington reactor decommissioning, fuel facilities, approximately 25 percent terminating their was used as the ceiling for the total fees. transportation, and materials users). Within licenses before the next annual assessment. Thus the NRC’s small entity fee was the uranium recovery fee class, annual fees 3. Some companies would go out of developed to ensure that the total fees paid for the all the non DOE licensees decrease, business. by NRC small entities would not exceed while annual fee for the DOE increases 4. Some companies would have budget $3,800. Given the NRC’s FY 1991 fee slightly. There is no annual fee for the rare problems. Many medical licensees noted structure for inspections, amendments, and earth fee class because this NRC fee class will that, along with reduced reimbursements, the renewals, a small entity annual fee no longer exist in FY 2008. As discussed in proposed increase of the existing fees and the established at $1,800 allowed the total fee Section III.B.2., ‘‘Agreement State Activities’’, introduction of additional fees would (small entity annual fee plus yearly average of this document, the only rare earth facility significantly affect their budgets. Others for inspections, amendments and renewal license transferred to the Commonwealth of noted that, in view of the cuts by Medicare fees) for all categories to fall under the $3,800 Pennsylvania when it became an Agreement and other third party carriers, the fees would ceiling. State. produce a hardship and some facilities In FY 1992, the NRC introduced a second, The Congressional Review Act of 1996 would experience a great deal of difficulty in lower tier to the small entity fee in response provides Congress with the opportunity to meeting this additional burden. to concerns that the $1,800 fee, when added review agency rules before they go into effect. Over 3,000 licenses, approvals, and to the license and inspection fees, still Under this legislation, the NRC annual fee registration terminations have been requested imposed a significant impact on small rule is considered a ‘‘major’’ rule and must since the NRC first established annual fees entities with relatively low gross annual be reviewed by Congress and the Comptroller for materials licenses. Although some of receipts. For purposes of the annual fee, each General before the rule becomes effective. these terminations were requested because small entity size standard was divided into The Small Business Regulatory the license was no longer needed or licenses an upper and lower tier. Small entity Enforcement Fairness Act of 1996 requires or registrations could be combined, licensees in the upper tier continued to pay that an agency prepare a guide to assist small indications are that other termination an annual fee of $1,800 while those in the entities in complying with each rule for requests were due to the economic impact of lower tier paid an annual fee of $400. which a final RFA is prepared. This analysis the fees. Based on the changes that had occurred and the small entity compliance guide To alleviate the significant impact of the since FY 1991, the NRC re-analyzed its (Attachment 1) have been prepared for the annual fees on a substantial number of small maximum small entity annual fees in FY FY 2008 fee rule as required by law. entities, the NRC considered the following 2000, and determined that the small entity alternatives in accordance with the RFA in fees should be increased by 25 percent to II. Impact on Small Entities developing each of its fee rules since FY reflect the increase in the average fees paid The fee rule results in substantial fees 1991. by other materials licensees since FY 1991, being charged to those individuals, 1. Base fees on some measure of the as well as changes in the fee structure for organizations, and companies licensed by the amount of radioactivity possessed by the materials licensees. The structure of the fees NRC, including those licensed under the licensee (e.g., number of sources). that NRC charged to its materials licensees NRC materials program. The comments 2. Base fees on the frequency of use of the changed during the period between 1991 and received on previous proposed fee rules and licensed radioactive material (e.g., volume of 1999. Costs for materials license inspections, the small entity certifications received in patients). renewals, and amendments, which were response to previous final fee rules indicate 3. Base fees on the NRC size standards for previously recovered through part 170 fees that NRC licensees qualifying as small small entities. for services, are now included in the part 171 entities under the NRC’s size standards are The NRC has reexamined its previous annual fees assessed to materials licensees. primarily materials licensees. Therefore, this evaluations of these alternatives and As a result of the 25 percent increase, the analysis will focus on the economic impact continues to believe that establishment of a maximum small entity annual fee increased of the fees on materials licensees. In FY 2007, maximum fee for small entities is the most from $1,800 to $2,300 in FY 2000. Although about 32 percent of these licensees appropriate and effective option for reducing the maximum annual fee for small entities (approximately 1,400 licensees) qualified as the impact of its fees on small entities. increased from $1,800 to $2,300, the total fee small entities. for many small entities was reduced because The commenters on previous fee III. Maximum Fee they no longer paid part 170 fees for services. rulemakings consistently indicated that the The RFA and its implementing guidance The costs not recovered from small entities following results would occur if the proposed do not provide specific guidelines on what were allocated to other materials licensees annual fees were not modified: constitutes a significant economic impact on and to power reactors. 1. Large firms would gain an unfair a small entity; therefore, the NRC has no While reducing the impact on many small competitive advantage over small entities. benchmark to assist it in determining the entities, the NRC determined that the Commenters noted that small and very small amount or the percent of gross receipts that maximum annual fee of $2,300 for small companies would find it more difficult to should be charged to a small entity. In entities may continue to have a significant absorb the annual fee than a large corporation developing the maximum small entity annual impact on materials licensees with annual or a high-volume type of operation. In fee in FY 1991, the NRC examined its 10 CFR gross receipts in the thousands of dollars competitive markets, such as soil testing, part 170 licensing and inspection fees and range. Therefore, the NRC continued to annual fees would put small licensees at an Agreement State fees for those fee categories provide a lower-tier small entity annual fee extreme competitive disadvantage with their which were expected to have a substantial for small entities with relatively low gross much larger competitors because the number of small entities. Six Agreement annual receipts, and for manufacturing proposed fees would be the same for a two- States (Washington, Texas, Illinois, Nebraska, concerns and educational institutions not person licensee as for a large firm with New York, and Utah), were used as State or publicly supported, with fewer than thousands of employees. benchmarks in the establishment of the 35 employees. The NRC also increased the

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lower tier small entity fee by the same tier small entity annual fee for FY 2007, and the NRC’s ‘‘Materials Annual Fee Billing percentage increase to the maximum small is not changing these fees in FY 2008. The Handbook,’’ NUREG/BR–0238, which is entity annual fee. This 25 percent increase NRC plans to re-examine the small entity fees enclosed with each annual fee billing. resulted in the lower tier small entity fee again in FY 2009. Alternatively, the form may be obtained by increasing from $400 to $500 in FY 2000. calling the fee staff at 301–415–7554, or by The NRC stated in the RFA for the FY 2001 IV. Summary e-mailing the fee staff at [email protected]. The final fee rule that it would re-examine the The NRC has determined that the 10 CFR completed form, the appropriate small entity small entity fees every two years, in the same part 171 annual fees significantly impact a fee, and the payment copy of the invoice years in which it conducts the biennial substantial number of small entities. A should be mailed to the U.S. Nuclear review of fees as required by the Chief maximum fee for small entities strikes a Regulatory Commission, License Fee Team, Financial Officer’s Act. Accordingly, the NRC balance between the requirement to recover at the address indicated on the invoice. examined the small entity fees again in FY 90 percent of the NRC budget and the Failure to file the NRC small entity 2003 (68 FR 36714; June 18, 2003), and requirement to consider means of reducing certification Form 526 in a timely manner determined that a change was not warranted the impact of the fee on small entities. Based may result in the denial of any refund that to the small entity fees established in FY on its regulatory flexibility analysis, the NRC might otherwise be due. 2001. The NRC performed a similar review, concludes that a maximum annual fee of and reached the same conclusion, in FY $2,300 for small entities and a lower-tier NRC Definition of Small Entity 2005. small entity annual fee of $500 for small For purposes of compliance with its The NRC re-examined its small entity fees businesses and not-for-profit organizations regulations (10 CFR 2.810), the NRC has for the FY 2007 fee rulemaking, and did not with gross annual receipts of less than defined a small entity as follows: believe that a change to the small entity fees $350,000, small governmental jurisdictions (1) Small business—a for-profit concern was warranted. Unlike the annual fees with a population of fewer than 20,000, small that provides a service, or a concern that is assessed to other licensees, the small entity manufacturing entities that have fewer than not engaged in manufacturing, with average fees are not designed to recover the entire 35 employees, and educational institutions gross receipts of $6.5 million or less over its agency costs associated with particular that are not State or publicly supported and last 3 completed fiscal years; licensees. Instead, the reduced fees for small have fewer than 35 employees reduces the (2) Manufacturing industry—a entities are designed to provide some fee impact on small entities. At the same time, manufacturing concern with an average of relief for qualifying small entity licensees these reduced annual fees are consistent with 500 or fewer employees based on while at the same time recovering from them the objectives of OBRA–90. Thus, the fees for employment during each pay period for the some of the agency’s costs for activities that small entities maintain a balance between the preceding 12 calendar months; benefit them. The costs not recovered from objectives of OBRA–90, as amended, and the (3) Small organizations—a not-for-profit small entities for activities that benefit them RFA. Therefore, the analysis and conclusions organization that is independently owned are offset by the 10 percent fee relief previously established remain valid for FY and operated and has annual gross receipts provided to NRC by the Congress. Given the 2008. of $6.5 million or less; (4) Small governmental jurisdiction—a reduction in annual fees from FY 2000 to FY ATTACHMENT 1 TO APPENDIX A—U. S. 2007, on average, for those categories of government of a city, county, town, Nuclear Regulatory Commission Small township, village, school district or special materials licensees that contain a number of Entity Compliance Guide; Fiscal Year 2008 small entities, the NRC determined that the district, with a population of fewer than current small entity fees of $500 and $2,300 Contents 50,000; continued to meet the objective of providing Introduction (5) Small educational institution—an relief to many small entities while recovering NRC Definition of Small Entity educational institution supported by a from them some of the costs that benefit NRC Small Entity Fees qualifying small governmental jurisdiction, them. Instructions for Completing NRC Form 526 or one that is not State or publicly supported As part of the small entity review in FY and has 500 or fewer employees.1 2007, the NRC also considered whether it Introduction To further assist licensees in determining should establish reduced fees for small The Small Business Regulatory if they qualify as a small entity, the following entities under part 170. The NRC received Enforcement Fairness Act requires all Federal guidelines are provided, which are based on one comment requesting that such small agencies to prepare a written guide for which the Small Business Administration’s entity fees be considered for certain export the agency Prepares a final regulatory regulations (13 CFR part 121). licenses, particularly in light of the recent flexibility analysis. The NRC has prepared (1) A small business concern is an increases to part 170 fees for these licenses. such an analysis. Therefore, in compliance independently owned and operated entity Because the NRC’s part 170 fees are not with the law, this guide has been prepared which is not considered dominant in its field assessed to a licensee or applicant on a to assist NRC materials licensees in of operations. regular basis (i.e., they are only assessed complying with the FY 2008 fee rule. (2) The number of employees means the when a licensee or applicant requests a Licensees may use this guide to determine total number of employees in the parent specific service from the NRC), the NRC does whether they qualify as a small entity under company, any subsidiaries and/or affiliates, not believe that the impact of its part 170 fees NRC regulations and are eligible to pay including both foreign and domestic warrants a fee reduction for small entities reduced FY 2008 annual fees assessed under locations (i.e., not solely the number of under part 170, in addition to the part 171 10 CFR part 171. The NRC has established employees working for the licensee or small entity fee reduction. Regarding export two tiers of annual fees for those materials conducting NRC licensed activities for the licenses, in particular, the NRC notes that licensees who qualify as small entities under company). interested parties can submit a single the NRC’s size standards. (3) Gross annual receipts includes all application for a broad scope, multi-year Licensees who meet the NRC’s size revenue received or accrued from any source, license that permits exports to multiple standards for a small entity (listed in 10 CFR including receipts of the parent company, countries. Because the NRC’s fees are charged 2.810) must submit a completed NRC Form any subsidiaries and/or affiliates, and per application, this streamlining process 526 ‘‘Certification of Small Entity Status for account for both foreign and domestic minimizes the fees for export applicants. the Purposes of Annual Fees Imposed under locations. Receipts include all revenues from Because a single NRC fee can cover 10 CFR Part 171’’ to qualify for the reduced numerous exports, and because there are a annual fee. This form can be accessed on the 1 An educational institution referred to in the size limited number of entities who apply for NRC’s Web site at http://www.nrc.gov. The standards is an entity whose primary function is these licenses, the NRC does not anticipate form can then be accessed by selecting education, whose programs are accredited by a that the part 170 export fees will have a ‘‘Business with NRC,’’ then ‘‘License Fees’’ nationally recognized accrediting agency or association, who is legally authorized to provide a significant impact on a substantial number of and under ‘‘Forms’’ selecting NRC Form 526. program of organized instruction or study, who small entities. For licensees who cannot access the NRC’s provides an educational program for which it Therefore, the NRC retained the $2,300 Web site, NRC Form 526 may be obtained awards academic degrees, and whose educational small entity annual fee and the $500 lower through the local point of contact listed in programs are available to the public.

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sales of products and services, interest, rent, (4) A licensee who is a subsidiary of a large NRC Small Entity Fees fees, and commissions, from whatever entity, including a foreign entity, does not In 10 CFR 171.16(c), the NRC has sources derived (i.e., not solely receipts from qualify as a small entity. established two tiers of fees for licensees that NRC licensed activities). qualify as a small entity under the NRC’s size standards. The fees are as follows:

Maximum annual fee per licensed category

Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): $350,000 to $6.5 million ...... $2,300 Less than $350,000 ...... 500 Small Not-For-Profit Organizations (Annual Gross Receipts): $350,000 to $6.5 million ...... 2,300 Less than $350,000 ...... 500 Manufacturing entities that have an average of 500 employees or fewer: 35 to 500 employees ...... 2,300 Fewer than 35 employees ...... 500 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 2,300 Fewer than 20,000 ...... 500 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 35 to 500 employees ...... 2,300 Fewer than 35 employees ...... 500

Instructions for Completing NRC Small (iii) NRC’s size standards on small entity the invoice. Licensees granted a license Entity Form 526 are based on the Small Business during the first 6 months of the fiscal year, 1. Complete all items on NRC Form 526 as Administration’s regulations (13 CFR part and licensees who file for termination or for follows: (Note: Incomplete or improperly 121). a ‘‘possession only’’ license and permanently completed forms will be returned as (iv) The size standards apply to the cease licensed activities during the first 6 unacceptable) licensee, not to the individual authorized months of the fiscal year, pay only 50 percent (a) Enter the license number and invoice users who may be listed in the license. of the annual fee for that year. Such invoices number exactly as they appear on the annual 2. If the invoice states the ‘‘Amount Billed state that the ‘‘amount billed represents 50% fee invoice. Represents 50% Proration,’’ the amount due proration.’’ is not the prorated amount shown on the (b) Enter the North American Industry Licensees must file a new small entity form invoice but rather one-half of the maximum Classification System (NAICS). (NRC Form 526) with the NRC each fiscal (c) Enter the licensee’s name and address small entity annual fee shown on NRC Form 526 for the size standard under which the year to qualify for reduced fees in that year. exactly as they appear on the invoice. Because a licensee’s ‘‘size,’’ or the size Annotate name and/or address changes for licensee qualifies (either $1,150 or $250) for each category billed. standards, may change from year to year, the billing purposes on the payment copy of the invoice reflects the full fee and licensees invoice—include contact’s name, telephone 3. If the invoice amount is less than the must complete and return NRC Form 526 for number, e-mail address, and company Web reduced small entity annual fee shown on site address. Correcting the name and/or this form, pay the amount on the invoice; the fee to be reduced to the small entity fee address on NRC Form 526 or on the invoice there is no further reduction. In this case, do amount. LICENSEES WILL NOT RECEIVE A does not constitute a request to amend the not file NRC Form 526. However, if the NEW INVOICE FOR THE REDUCED license. invoice amount is greater than the reduced AMOUNT. The completed NRC Form 526, (d) Check the appropriate size standard small entity annual fee, file NRC Form 526 the payment of the appropriate small entity under which the licensee qualifies as a small and pay the amount applicable to the size fee, and the ‘‘Payment Copy’’ of the invoice entity. Check one box only. Note the standard you checked on the form. should be mailed to the U. S. Nuclear following: 4. The completed NRC Form 526 must be Regulatory Commission, License Fee Team at (i) A licensee who is a subsidiary of a large submitted with the required annual fee the address indicated on the invoice. entity, including foreign entities, does not payment and the ‘‘Payment Copy’’ of the If you have questions regarding the NRC’s qualify as a small entity. The calculation of invoice to the address shown on the invoice. annual fees, please contact the license fee 5. 10 CFR 171.16(c)(3) states licensees shall a firm’s size includes the employees or staff at 301–415–7554, e-mail the fee staff at receipts of all affiliates. Affiliation with submit a new certification with its annual fee payment each year. Failure to submit NRC [email protected], or write to the U.S. another concern is based on the power to Nuclear Regulatory Commission, control, whether exercised or not. Such Form 526 at the time the annual fee is paid will require the licensee to pay the full Washington, DC 20555–0001, Attention: factors as common ownership, common Office of the Chief Financial Officer. management and identity of interest (often amount of the invoice. The NRC sends invoices to its licensees for False certification of small entity status found in members of the same family), could result in civil sanctions being imposed among others, are indications of affiliation. the full annual fee, even though some by the NRC under the Program Fraud Civil The affiliated business concerns need not be licensees qualify for reduced fees as small Remedies Act, 31 U.S.C. 3801 et seq. NRC’s in the same line of business (67 CFR part 59). entities. Licensees who qualify as small (ii) Gross annual receipts, as used in the entities and file NRC Form 526, which implementing regulations are found at 10 size standards, include all revenue received certifies eligibility for small entity fees, may CFR part 13. or accrued by your company from all sources, pay the reduced fee, which is either $2,300 [FR Doc. E8–12086 Filed 6–5–08; 8:45 am] or $500 for a full year, depending on the size regardless of the form of the revenue and not BILLING CODE 7590–01–P solely receipts from licensed activities. of the entity, for each fee category shown on

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Part III

Office of Management and Budget 2 CFR Part 33 Amending Federal Financial Assistance- Related Forms To Include Universal Identifier; Notice Requirements for Federal Funding Accountability and Transparency Act Implementation; Proposed Rule

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OFFICE OF MANAGEMENT AND assistance application forms that were free phone number. To assist Federal BUDGET previously approved by OMB. The contractors and grant recipients with purpose of the proposal was to allow entities obtaining a DUNS Number, Dun Amending Federal Financial agencies to comply with the reporting and Bradstreet maintains a Web site Assistance-Related Forms To Include requirements of the Transparency Act. with general information at http:// Universal Identifier The Transparency Act requires OMB fedgov.dnb.com/webform/display to ensure the existence and operation of AGENCY: Office of Federal Financial HomePage.do;jsessionid= a Web site at which the public can Management and Office of Information 735D9C974C65C66AEE38AD access and search data on Federal and Regulatory Affairs, Office of 278154DBDA. financial assistance awards (note that Management and Budget. the Web site has been established at III. Next Steps ACTION: Final Notice. http://www.usaspending.gov). A universal identifier for the award The OMB memorandum is an interim SUMMARY: The Office of Management measure, pending issuance of more and Budget (OMB) has issued a recipient is one of the data elements for each award that the Act requires to be permanent policy for Transparency Act memorandum authorizing each Federal reporting requirements. In the document agency to add a field for the applicant’s available at the Web site. In following this one in this section of Dun and Bradstreet Data Universal implementing the Act, OMB established today’s Federal Register, we are Numbering System (DUNS) number to the DUNS number as the universal proposing guidance to Federal agencies application forms for types of Federal identifier that would be used. Therefore, that would be issued in title 2 of the financial assistance that are subject to an agency must be able to collect DUNS Code of Federal Regulations. The the Federal Funding Accountability and numbers for recipients in order to be Transparency Act of 2006 (Pub. L. 109– able to comply with the Act, and proposed guidance covers collection of 282, ‘‘the Transparency Act’’). The OMB collecting them in the application is the DUNS numbers from applicants as part memorandum broadens the effect of a most efficient way to do that. of a larger set of actions implementing policy issued in 2003, which authorized Prior to the August 2007 proposal, the Transparency Act for Federal agencies to include a DUNS number there was authority in a 2003 OMB financial assistance. When the guidance field in applications for grants and policy issuance for agencies to collect is issued in final form, we therefore cooperative agreements. It broadens the DUNS numbers in applications for anticipate that it will supersede the 2003 policy to other forms of Federal grants and cooperative agreements. memorandum to agencies described in financial assistance subject to the Therefore, the proposal in the Federal this notice, as well as the 2003 policy Transparency Act, including loans and Register notice in August was to issuance on use of DUNS numbers for subawards. The additional authority is broaden the earlier policy so that it also grants and cooperative agreements. needed in order for agencies to would apply to other forms of Federal Because the Transparency Act applies financial assistance subject to the implement the requirements of the to Federal procurement, as well as Transparency Act and not just to grants Transparency Act. Federal financial assistance, a final and cooperative agreements. FOR FURTHER INFORMATION CONTACT: point to note is that the memorandum Marguerite Pridgen, Office of Federal II. Comment and Response described in this notice applies only to Financial Management, Office of OMB received one public comment in Federal financial assistance. The Management and Budget, 725 17th response to the August 2, 2007, proposal implementation of the Transparency Act Street, NW., Washington, DC 20503; in the Federal Register. The comment as it applies to Federal procurement telephone 202–395–7844; fax 202–395– was considered in developing this final contracts, purchase orders, task orders, 3952. version of the update to the 2003 OMB and delivery orders is separately Authority: Sec. 2, Pub. L. 109–282, 102 policy. The comment and our response addressed by Federal Acquisition Stat. 1186. are summarized in the following Regulation issuances under the purview SUPPLEMENTARY INFORMATION: paragraphs. of the Civilian Agency Acquisition Comment: A business commented Council and Defense Acquisition I. Background that it was having difficulty obtaining a Regulations Council. On August 2, 2007 [72 FR 42444], DUNS Number and expressed concern Danny Werfel, OMB proposed to authorize Federal about associated fees. agencies to add a field for the DUNS Response: There is no fee associated Deputy Controller. numbers of applicants other than with obtaining a DUNS Number through [FR Doc. E8–12560 Filed 6–5–08; 8:45 am] individual persons to Federal financial Dun and Bradstreet’s Web site or toll- BILLING CODE 3110–01–P

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OFFICE OF MANAGEMENT AND number, and e-mail address in the text • The location of the entity receiving BUDGET of the message. Comments may also be the award, including four data elements submitted via facsimile to 202–395– for the city, State, Congressional district, 2 CFR Part 33 3952. and country; Comments may be mailed to • The location of the primary place of Requirements for Federal Funding Marguerite Pridgen, Office of Federal performance under the award, including Accountability and Transparency Act Financial Management, Office of four data elements for the city, State, Implementation Management and Budget, Room 6025, Congressional district, and country; • AGENCY: Office of Federal Financial New Executive Office Building, A unique identifier of the entity Washington, DC 20503. receiving the award; and Management, Office of Management and • Budget (OMB). Comments may also be sent via http:// A unique identifier of the parent www.regulations.gov—a Federal entity of the recipient, should the ACTION: Proposed guidance to agencies. E-Government Web site that allows the recipient be owned by another entity. SUMMARY: OMB proposes to issue public to find, review, and submit Although the Act does not identify guidance to agencies to establish comments on documents that agencies specific data elements for subaward requirements for federal financial have published in the Federal Register reporting, it does require that the data assistance applicants, recipients, and and that are open for comment. Simply about subawards be disclosed in the subrecipients that are necessary for the type ‘‘Transparency Act Guidance’’ (in same manner as the data for federal implementation of the Federal Funding quotes) in the Comment or Submission agencies’ awards. It also requires OMB Accountability and Transparency Act of search box, click Go, and follow the to conduct a pilot to determine how best 2006 (Pub. L. 109–282, hereafter instructions for submitting comments. to implement a reporting system under referred to as ‘‘the Transparency Act’’ or Comments received by the date which the entity issuing a subaward is ‘‘the Act’’). An agency under the specified above will be included as part responsible for fulfilling the subaward proposed guidance would require of the official record. reporting requirement. applicants other than individuals, with All responses will be summarized and II. Purposes of the Guidance some specific exceptions, to have Dun included in the request for OMB The proposed guidance following this and Bradstreet Data Universal approval. preamble has three purposes, all of Numbering System (DUNS) numbers FOR FURTHER INFORMATION CONTACT: which are related to the implementation and maintain current registrations in the Marguerite Pridgen, Office of Federal of the Transparency Act. Those Central Contractor Registration (CCR) Financial Management, Office of purposes, which are identified in database. The guidance also provides Management and Budget, telephone section 33.100 of the guidance, are to standard wording for an award term that (202) 395–7844 (direct) or (202) 395– establish: each agency would include in its 3993 (main office) and e-mail: • A requirement to use the Data financial assistance awards. The award [email protected]. Universal Numbering System (DUNS) term would require recipients and number as the unique identifier for each subrecipients that are subject to the SUPPLEMENTARY INFORMATION: entity receiving an award or subaward; policy to have DUNS numbers, maintain I. Background on the Transparency Act • Requirements for applicant, current CCR registrations, and report The Act requires the Office of recipient and subrecipient registration subaward data that the implementation Management and Budget (OMB) to in the Central Contractor Registration of the Transparency Act requires. This ensure the existence and operation of a (CCR) as a way to maintain a reliable proposed implementation of the single Web site at which the public may source of standard information about requirement for reporting of subawards access and search data on federal organizations for Transparency Act under federal financial assistance financial assistance awards. It: reporting and other purposes; and awards parallels the Federal Acquisition • Specifies that data on federal • Requirements for recipient and Regulation implementation of that agencies’ awards to non-federal entities subrecipient reporting of obligations of Transparency Act reporting requirement are to be available at the Web site by federal funds for subawards. for subcontracts under federal January 1, 2008. The following paragraphs provide procurement contracts (72 FR 51306, • Specifies that data on subawards further information about these three September 6, 2007). under those federal awards are to be requirements. DATES: Comments are due on or before available by January 1, 2009. DUNS number. The interagency task August 5, 2008. • Exempts awards to individuals and force that OMB established to help ADDRESSES: Due to potential delays in individual transactions of less than implement the Transparency Act OMB’s receipt and processing of mail $25,000. selected the DUNS number as the sent through the U.S. Postal Service, we The Act identifies sixteen specific unique identifier that the Act requires to encourage respondents to submit data elements that the Web site must be reported both for the recipient and, comments electronically to ensure include for each federal award and if applicable, its parent entity. The timely receipt. We cannot guarantee that authorizes OMB to specify additional proposed guidance following this comments mailed will be received elements for other relevant information. preamble therefore includes a before the comment closing date. The sixteen elements the Act specifies Government-wide policy under which Electronic mail comments may be are: agencies will require federal financial submitted to: Marguerite Pridgen at • The name of the entity receiving the assistance applicants and recipients, [email protected]. Please include award; with a few exceptions, to have DUNS ‘‘Transparency Act Guidance’’ in the • The amount of the award; numbers. The proposed guidance subject line and the full body of your • The transaction type; thereby would expand a current OMB comments in the text of the electronic • The funding agency; policy requiring use of DUNS numbers message and not as an attachment. • The Catalog of Federal Domestic in conjunction with grants and Please include your name, title, Assistance number; cooperative agreements, by broadening organization, postal address, telephone • The program source; the policy to loans and other types of

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federal financial assistance awards. The III. The Proposed Guidance PART 33—UNIVERSAL IDENTIFIER, current policy, the full text of which is The proposed guidance in 2 CFR part CENTRAL CONTRACTOR in the Federal Register [68 FR 38402, 33 is organized into three subparts: REGISTRATION, AND SUBAWARD June 27, 2003], was established by the REPORTING • Subpart A states the purposes of the July 15, 2003, OMB memorandum M– guidance, as described above in Section Sec. 03–16, ‘‘OMB Issues Grants II of this preamble. It also specifies the Subpart A—General Management Policies’’ (available at types of federal financial assistance http://www.whitehouse.gov/omb/ awards and types of recipient and 33.100 Purposes of this part. memoranda/m03–16.pdf). subrecipient entities to which the 33.105 Applicability. Central Contractor Registration. The proposed guidance would apply. 33.110 Deviations. proposed guidance also would establish • Subpart B contains five sections Subpart B—Policy a requirement for applicant, recipient, that provide authorities and specify 33.200 Requirements for program and subrecipient registration in the responsibilities for agencies. Section announcements, regulations, and CCR, as a way to help ensure consistent 33.200 states requirements for the application instructions. reporting of data about each entity and content of agencies’ program 33.205 Effect of noncompliance with thereby make the data more useful to announcements, regulations, or other requirements in § 33.200. issuances providing instructions for 33.210 Authority to modify agency the public. Without the requirement, application forms or formats. multiple agencies doing business with applicants. Section 33.205 authorizes 33.215 Requirements for agency the same entity may use different agencies to disqualify applicants that do information systems. variations of the entity’s name, address, not comply with requirements to 33.220 Award term. provide a DUNS er and register in the or parent organization when they each Subpart C—Definitions report on their awards to the entity. CCR. Section 33.210 permits agencies to add DUNS number fields to application 33.300 Agency. Using the DUNS number as the 33.305 Award. identifier for the entity, as described in forms or formats that OMB cleared previously and section 33.215 33.310 Central Contractor Registration the preceding paragraph, can partially (CCR). alleviate that problem—each report of establishes requirements for agencies’ 33.315 Data Universal Numbering System information systems. Finally, section an award or subaward then can be (DUNS) Number. 33.220 specifies standard wording of an linked to standard information about the 33.320 Entity. award term for federal financial award recipient in data bases of Dun 33.325 Federal financial assistance subject assistance subject to The Transparency to the Transparency Act. and Bradstreet, Inc., which assigns and Act. The award term requires recipients 33.330 For-profit organization. maintains DUNS numbers and and subrecipients to register in the CCR 33.335 Foreign public entity. associated organizational information. and report on subaward obligations that 33.340 Indian tribe (or ‘‘federally The proposed guidance requiring are subject to the Transparency Act recognized Indian tribe’’). recipient and subrecipient registration 33.345 Local government. reporting requirements. 33.350 Nonprofit organization. in the CCR would further improve data • Subpart C contains definitions of quality by allowing a report of an award 33.355 State. terms used in 2 CFR part 33. 33.360 Subaward. or subaward to also be linked to 33.365 Subrecipient. standard information that federal IV. Invitation To Comment business partners provide about Authority: Pub. L. 109–282; 31 U.S.C. We invite comments from the affected 6102. themselves to that Government public on all aspects of the proposed repository. guidance to agencies, including the Subpart A–General Subaward reporting. The proposal to require use of the DUNS Transparency Act requires reporting of number, registration in the CCR, and § 33.100 Purposes of this part. information about subawards under reporting on subawards. All comments This part provides guidance to federal financial assistance awards. The will be considered in developing the agencies to establish: proposed guidance therefore includes a final guidance. (a) The Dun and Bradstreet (D&B) Data Universal Numbering System basic policy requiring recipients and List of Subjects in 2 CFR Part 33 subrecipients to report on subawards (DUNS) number as a universal identifier they make. For two reasons, however, it Business and industry, Colleges and for federal financial assistance does not specify the data elements that universities, Cooperative agreements, applicants, recipients, and must be reported about each subaward. Farmers, Federal aid programs, Grant subrecipients. (b) The Central Contractor One reason is that data elements are best programs, Grants administration, Registration (CCR) as the repository for maintained separately from the Code of Hospitals, Indians, Insurance, standard information about federal Federal Regulations. The other reason is International organizations, Loan financial assistance applicants, that the data elements may be refined programs, Nonprofit organizations, Reporting and recordkeeping recipients, and subrecipients. due to lessons learned during the (c) Requirements for recipients’ and subaward pilot that The Transparency requirements, State and local governments, Subsidies. subrecipients’ reporting of information Act requires, so they need not be on subawards, as required by the formally established until after the pilot. Danny Werfel, Federal Funding Accountability and At a later date, separately from today’s Deputy Controller. Transparency Act of 2006 (Pub. L. 109– policy proposal, we will publish the Authority and Issuance 282, hereafter referred to as ‘‘the data elements for subaward reporting in Transparency Act’’). the Federal Register with an For the reasons set forth above, the opportunity for comment before Office of Management and Budget § 33.105 Applicability. formally establishing them as the proposes to amend 2 CFR chapter I by (a) Types of awards. This part applies required set. adding part 33 to read as follows: to an agency’s grants, cooperative

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agreements, loans, and other federal (b) The program announcement, § 33.215 Requirements for agency financial assistance subject to the regulation, or other issuance must information systems. Transparency Act, as defined in require each entity that applies and does Each agency that awards or § 33.325. not have an exception under administers grants, cooperative (b) Types of recipient and § 33.105(b)(2) to: agreements, loans, or other federal subrecipient entities. (1) General. (1) Be registered in the CCR prior to financial assistance subject to the Through an agency’s implementation of submitting an application or plan; Transparency Act must ensure that the guidance in this part, this part systems processing information related applies to all entities, other than those (2) Maintain a current CCR to the awards, and other systems as excepted in paragraph (b)(2) of this registration at all times during which it appropriate, are able to accept and use section, that— has an active federal award or an the DUNS number as the universal (i) Apply for or receive agency application or plan under consideration identifier for financial assistance awards; or by an agency; and applicants and recipients. (ii) Receive subawards under those (3) Provide its DUNS number in each awards. application or plan it submits to the § 33.220 Award term. (2) Exceptions. (i) None of the agency. (a) To accomplish the purposes requirements in this part apply to an (c) For purposes of this policy: described in § 33.100, an agency must individual who applies for or receives include the following award term in federal financial assistance as a natural (1) The applicant is the entity that each award to a non-federal entity of person (i.e., unrelated to any business or meets the agency’s or program’s federal financial assistance subject to non-profit organization he or she may eligibility criteria and has the legal the Transparency Act: authority to apply and to receive the own or operate in his or her name). I. Central Contractor Registration and (ii) The requirement in this part to award. For example, if a consortium applies for an award to be made to the subaward reporting. maintain a current registration in the a. Central Contractor Registration. consortium as the recipient, the CCR does not apply to: 1. Unless you are excepted from this consortium must have a DUNS number. (A) An agency of the Federal requirement under 2 CFR 33.105(b)(2), If a consortium is eligible to receive Government that receives an award from you as the recipient must maintain the funding under an agency program but another agency. currency of your information in the the agency’s policy is to make the award (B) A foreign entity applying for or Central Contractor Registration (CCR) to a lead entity for the consortium, the receiving an award or subaward for a until you submit the final financial DUNS number of the lead entity will be project or program performed outside report required under this award or used. the United States, if an agency deems it receive the final payment, whichever is to be impractical for the entity to (2) A ‘‘program announcement’’ is any later. register in the CCR. paper or electronic issuance that an 2. If you are authorized to make (C) An entity to which an agency agency uses to announce a funding subawards under this award and it is grants an exception based on a need to opportunity, whether it is called a possible that you will make a subaward protect information about the entity ‘‘program announcement,’’ ‘‘notice of to an entity (see definition in paragraph from disclosure, to avoid compromising funding availability,’’ ‘‘broad agency d of this award term) with a total value classified information or national announcement,’’ ‘‘research of $25,000 or more in federal funds over security or jeopardizing the personal announcement,’’ ‘‘solicitation,’’ or the life of the subaward, you: safety of the entity’s clients. something else. i. Must notify potential subrecipients that no entity may receive funds for a § 33.110 Deviations. § 33.205 Effect of noncompliance with requirements in § 33.200. subaward with a total value in that Deviations from this part require the range unless the entity is registered in prior approval of the Office of (a) An agency may not make an award the CCR, which also requires that the Management and Budget (OMB). to an entity until the entity has subrecipient have a Data Universal Subpart B—Policy complied with all applicable Numbering System (DUNS) number. requirements to provide a valid DUNS ii. May not make a subaward to an § 33.200 Requirements for program number and register in the CCR. entity with a total value in that range, announcements, regulations, and (b) If an entity does not comply with or obligate additional funds for the application instructions. an applicable requirement to provide a subaward, unless the entity is registered (a) Each agency that awards grants, DUNS number or register in the CCR, as in the CCR. cooperative agreements, loans, or other specified in the program announcement b. Reporting of first-tier subawards. Federal financial assistance subject to or other instructions, the agency: 1. Applicability. Unless you have a the Transparency Act must include the current exception from this requirement (1) May determine that the applicant requirements described in paragraph (b) under paragraph (e) of the Federal is not qualified to receive an award; and of this section in each program Funding Accountability and announcement, regulation, or other (2) May use that determination as a Transparency Act of 2006 (Pub. L. 109– issuance containing instructions for basis for making an award to an 282), you must report each action that applicants: alternative applicant. obligates $25,000 or more in federal funds under any subaward to an entity (1) Under which awards may be made § 33.210 Authority to modify agency that are subject to Transparency Act application forms or formats. (see definitions in paragraph d of this reporting requirements; and award term). (2) That either: To implement the policies in 2. Where and when to report. You (i) Is issued on or after the effective §§ 33.200 and 33.205, an agency may must report each action described in date of this part; or add a DUNS number field to application paragraph b.1 of this award term: (ii) Has application or plan due dates forms or formats previously approved i. To the http:// or anticipated award dates after October by OMB, without having to obtain WWW.USASpending.gov at 1, 2008. further approval to add the field. [email protected].

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ii. No later than 30 days after the date (currently at http:// § 33.310 Central Contractor Registration of the obligation. www.dunandbradstreet.com). (CCR). 3. What to report. You must report the 3. Entity means all of the following, Central Contractor Registration (CCR) information about each action that the as defined at 2 CFR part 33, subpart C: has the meaning given in paragraph d.1 http://WWW.USASpending.gov i. A Governmental organization, of the award term in § 33.220. specifies. which is a State, local government, or c. Requirements for lower-tier § 33.315 Data Universal Numbering Indian tribe; System (DUNS) Number. subawards and obligating actions. ii. A foreign public entity; 1. Subawards. In any subaward that Data Universal Numbering System iii. A domestic or foreign nonprofit you make to an entity under this award (DUNS) Number has the meaning given organization; and that you expect to have a total value of in paragraph d.2 of the award term in $25,000 or more in federal funds over iv. A domestic or foreign for-profit § 33.220. organization. the life of the subaward, you must § 33.320 Entity. include an award term that: 4. Subaward: i. Provides the subrecipient with the i. This term means a legal instrument Entity has the meaning given in federal award number or other unique to provide support for the performance paragraph d.3 of the award term in federal identifying number for this of any portion of the substantive project § 33.220. award. or program for which you received this § 33.325 Federal financial assistance ii. Requires the subrecipient to award and that: subject to the Transparency Act. A. You as the recipient awards to an maintain a current registration in the Federal financial assistance subject to eligible subrecipient; or CCR during the period of performance the Transparency Act means assistance under the subaward; and B. A subrecipient at one tier awards that non-federal entities described in iii. Requires the subrecipient, if it to a subrecipient at the next lower tier. § 33.105(b) receive or administer in the makes any obligating action to which ii. The term does not include your form of— paragraph b.1 of this award term procurement of property and services (a) Grants; applies, to: needed to carry out the project or (b) Cooperative agreements; A. Report the action to either: program (for further explanation, see (c) Loans; (1) The http:// § l.210 of the attachment to OMB (d) Loan guarantees; WWW.USASpending.gov within 30 days Circular A–133, ‘‘Audits of States, Local (e) Subsidies; of the date of obligation, providing the Governments, and Non-Profit (f) Insurance; information about the action that the Organizations’’). (g) Food commodities; system specifies; or iii. A subaward may be provided (h) Direct appropriations; and (2) You, if you prefer to have your through any legal agreement, including (i) Other financial assistance subrecipient report each obligating an agreement that you or a subrecipient transactions that authorize the non- action to you, in which case you must considers a contract. federal entities’ expenditure of federal report the action to the http:// 5. Subrecipient means an entity that: funds. WWW.USASpending.gov within 30 days i. Receives a subaward from you or of the subrecipient’s obligation; and § 33.330 For-profit organization. B. Ensure that the lower-tier subaward from another subrecipient under this award; and For-profit organization means a non- includes a term requiring the lower-tier Federal party organized for profit. It subrecipient to comply with the ii. Is accountable to you or the other subrecipient for the use of the federal includes, but is not limited to: requirements in paragraph c of this (a) An ‘‘S corporation’’ incorporated funds provided by the subaward. award term. under Subchapter S of the Internal 2. Obligating actions. For each action (b) An agency may— Revenue Code; that you take to obligate funding under (1) Reserve paragraphs b and c of the (b) A corporation incorporated under a subaward described in paragraph c.1 award term in paragraph (a) of this another authority; of this award term, you must provide section if there is no possibility of a (c) A partnership; the subrecipient with the amount of subaward with a total value of $25,000 (d) A limited liability corporation or federal funding that is included in the or more in federal funds over the life of partnership; and amount of funding obligated by the the subaward; and (e) A sole proprietorship. action. (2) Use different letters and numbers § 33.335 Foreign public entity. d. Definitions. For purposes of this to designate the paragraphs of the award award term: term, if necessary, to conform the Foreign public entity means: 1. Central Contractor Registration system of paragraph designations with (a) A foreign government or foreign (CCR) means the federal repository into the one used in other terms and governmental entity; which an entity must provide conditions in the agency’s awards. (b) A public international information required for the conduct of organization, which is an organization business as an award recipient or Subpart C—Definitions entitled to enjoy privileges, exemptions, subrecipient. Additional information and immunities as an international about registration procedures may be § 33.300 Agency. organization under the International found at the CCR Internet site (currently Agency means a Federal agency as Organizations Immunities Act (22 at http://www.ccr.gov). defined at 5 U.S.C. 551(1) and further U.S.C. 288–288f); 2. Data Universal Numbering System clarified by 5 U.S.C. 552(f). (c) An entity owned (in whole or in (DUNS) number means the nine-digit part) or controlled by a foreign number established and assigned by § 33.305 Award. government; and Dun and Bradstreet, Inc. (D&B) to Award means an award of Federal (d) Any other entity consisting wholly uniquely identify business entities. A financial assistance subject to the or partially of one or more foreign DUNS number may be obtained from Transparency Act, as defined in governments or foreign governmental D&B by telephone or the Internet § 33.325. entities.

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§ 33.340 Indian tribe (or ‘‘federally (j) School district; § 33.355 State. recognized Indian tribe’’). (k) Intrastate district; State means— Indian tribe (or ‘‘federally recognized (l) Council of governments, whether (a) Any State of the United States; Indian tribe’’) means any Indian tribe, or not incorporated as a nonprofit band, nation, or other organized group corporation under State law; and (b) The District of Columbia; or community, including any Alaskan (m) Any other instrumentality of a (c) Any agency or instrumentality of Native village or regional or village local government. a State other than a local government or corporation (as defined in, or State-controlled institution of higher established under, the Alaskan Native § 33.350 Nonprofit organization. education; Claims Settlement Act (43 U.S.C. 1601, Nonprofit organization— (d) The Commonwealths of Puerto et seq.)) that is recognized by the United Rico and the Northern Mariana Islands; (a) Means any corporation, trust, States as eligible for the special and programs and services provided by the association, cooperative, or other (e) The United States Virgin Islands, United States to Indians because of their organization that— Guam, American Samoa, and a territory status as Indians. (1) Is operated primarily for scientific, educational, service, charitable, or or possession of the United States. § 33.345 Local government. similar purposes in the public interest; § 33.360 Subaward. Local government means a: (2) Is not organized primarily for (a) County; profit; and Subaward has the meaning given in (b) Borough; (3) Uses net proceeds to maintain, paragraph d.4 of the award term in (c) Municipality; improve, or expand the operations of § 33.220. (d) City; (e) Town; the organization. § 33.365 Subrecipient. (b) Includes nonprofit— (f) Township; Subrecipient has the meaning given in (1) Institutions of higher education; (g) Parish; paragraph d.5 of the award term in (2) Hospitals; and (h) Local public authority, including § 33.220. any public housing agency under the (3) Tribal organizations other than United States Housing Act of 1937; those included in the definition of [FR Doc. E8–12558 Filed 6–5–08; 8:45 am] (i) Special district; ‘‘Indian tribe.’’ BILLING CODE 3110–01–P

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Part IV

Department of Labor Office of the Secretary

Delegation of Authorities and Assignment of Responsibilities to the Assistant Secretary for Employment Standards and Other Officials in the Employment Standards Administration; Notice

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DEPARTMENT OF LABOR 7. Delegation of Authority and (7) The labor standards provisions Assignment of Responsibility. contained in sections 5(i) and 7(g) of the Office of the Secretary A. The Assistant Secretary for National Foundation for the Arts and [Secretary’s Order 01–2008] Employment Standards is hereby the Humanities Act, 20 U.S.C. 954(i) delegated authority and assigned and 956(g), except those provisions Delegation of Authorities and responsibility, except as hereinafter relating to safety and health delegated to Assignment of Responsibilities to the provided, for carrying out the the Assistant Secretary for Occupational Assistant Secretary for Employment employment standards, labor standards, Safety and Health. Standards and Other Officials in the and labor-management standards (8) The Migrant and Seasonal Employment Standards Administration policies, programs, and activities of the Agricultural Worker Protection Act of Department of Labor, including those 1983, 29 U.S.C. 1801 et seq., including 1. Purpose. To delegate authorities functions to be performed by the subpoena authority under 29 U.S.C. and assign responsibilities to the Secretary of Labor under the designated 1862(b). Assistant Secretary for Employment provisions of the following statutes: (9) The Employee Polygraph Standards and other officials in the (1) The Fair Labor Standards Act of Protection Act of 1988, 29 U.S.C. 2001 Employment Standards Administration. 1938, as amended, 29 U.S.C. 201 et seq. et seq., including subpoena authority 2. Authorities. This Order is issued (FLSA), including the issuance under 29 U.S.C. 2004(b). under the authority of 5 U.S.C. 301 thereunder of child labor hazardous (10) The Federal Employees’ (Departmental Regulations); 29 U.S.C. occupation orders and other regulations Compensation Act, as amended and 551 (Establishment of Department; concerning child labor standards, and extended, 5 U.S.C. 8101 et seq., except Secretary; Seal); Reorganization Plan subpoena authority under 29 U.S.C. 209. 5 U.S.C. 8149, as it pertains to the No. 6 1950 (5 U.S.C. App. 1 Reorg. Plan Authority and responsibility for the Employees’ Compensation Appeals 6 1950); National Apprenticeship Act of Equal Pay Act, section 6(d) of the FLSA, Board. 1937 (29 U.S.C. 50); 29 CFR part 30. were transferred to the Equal (11) The Longshore and Harbor 3. References. Secretary’s Order Employment Opportunity Commission Workers’ Compensation Act, as 10–83; Secretary’s Order 14–77; and on July 1, 1979, pursuant to the amended and extended, 33 U.S.C. 901 et Secretary’s Order 9–75. President’s Reorganization Plan No. 1 of seq., except: 33 U.S.C. 919(d), with 4. Directives Affected. Secretary’s February 1978, set out in the Appendix respect to administrative law judges in Order 4–2007 is hereby canceled to Title 5, Government Organization and the Office of Administrative Law Judges; (Employment Standards). Secretary’s Employees. 33 U.S.C. 921(b), as it applies to the Order 9–75 is superseded to the extent (2) The Walsh-Healey Public Benefits Review Board; and activities that it is inconsistent with section Contracts Act of 1936, as amended, 41 pursuant to 33 U.S.C. 941, assigned to 7a.(29) of this Order. U.S.C. 35 et seq., except those the Assistant Secretary for Occupational 5. Background. This Order, which provisions relating to safety and health Safety and Health. supersedes Secretary’s Order 4–2007, delegated to the Assistant Secretary for (12) The Black Lung Benefits Act, as constitutes the generic Secretary’s Order Occupational Safety and Health or the amended, 30 U.S.C. 901 et seq. for the Employment Standards Assistant Secretary for Mine Safety and (13) The affirmative action provisions Administration (ESA). Specifically, this Health. The authority of the Assistant of the Vietnam Era Veterans’ Order delegates authorities and assigns Secretary for Employment Standards Readjustment Assistance Act of 1974, as responsibilities to the Assistant includes subpoena authority under 41 amended, 38 U.S.C. 4212, except for Secretary for Employment Standards U.S.C. 39. monitoring of the Federal contractor job and other officials in ESA. (3) The McNamara-O’Hara Service listing activities under 38 U.S.C. 4212(a) This Order clarifies the leadership Contract Act of 1965, as amended, 41 and the annual Federal contractor role of the Inspector General with U.S.C. 351 et seq., except those reporting obligations under 38 U.S.C. respect to organized crime and labor provisions relating to safety and health 4212(d), delegated to the Assistant racketeering investigations under the delegated to the Assistant Secretary for Secretary for Veterans’ Employment and Labor-Management Reporting and Occupational Safety and Health. The Training. Disclosure Act of 1959 for which both authority of the Assistant Secretary for (14) Section 503 of the Rehabilitation the Inspector General and the Assistant Employment Standards includes Act of 1973, as amended, 29 U.S.C. 793; Secretary for Employment Standards subpoena authority under 41 U.S.C. and Executive Order 11758 (‘‘Delegating have investigative authority. 353(a). Authority of the President Under the 6. Delegation to the Assistant (4) The Davis-Bacon Act, as amended, Rehabilitation Act of 1973’’) of January Secretary for Employment Standards. 40 U.S.C. 276a et seq., and any laws 15, 1974. A. Paragraph 7.a. (29) of this Order now existing or subsequently enacted, (15) Executive Order 11246 ‘‘Equal contains the delegation of authority and providing for prevailing wage findings Employment Opportunity’’ (September the assignment of responsibility for by the Secretary in accordance with or 24, 1965), as amended by Executive section 211(a) of the LMRA, 29 U.S.C. pursuant to the Davis-Bacon Act; the Order 11375 of October 13, 1967; and 181(a) (‘‘Compilation of Collective Copeland Act, 40 U.S.C. 276c; Executive Order 12086 (‘‘Consolidation Bargaining Agreements, etc., Use Data’’). Reorganization Plan No. 14 of 1950; and of Contract Compliance Functions for B. All other authorities and the Tennessee Valley Authority Act, 16 Equal Employment Opportunity’’) of responsibilities set forth in this Order U.S.C. 831. October 5, 1978. were delegated or assigned previously to (5) The Contract Work Hours and (16) The following provisions of the the Assistant Secretary for Employment Safety Standards Act, as amended, 40 Immigration and Nationality Act of Standards and other officials in the U.S.C. 327 et seq., except those 1952, as amended, 8 U.S.C. 1101 et seq. Employment Standards Administration provisions relating to safety and health (INA): Section 218(g)(2), 8 U.S.C. in Secretary’s Order 4–2001, and this delegated to the Assistant Secretary for 1188(g)(2), relating to assuring employer Order continues those delegations and Occupational Safety and Health. compliance with terms and conditions assignments in full force and effect, (6) Title III of the Consumer Credit of employment under the temporary except as expressly modified herein. Protection Act, 15 U.S.C. 1671 et seq. alien agricultural labor certification (H–

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2A) program; and section 274A(b)(3), 8 agency authorities or responsibilities, (29) Section 211(a) of the Labor U.S.C. 1324A(b)(3), relating to such as rulemaking authority. Such Management Relations Act, 1947, 29 employment eligibility verification and authorities under the statute are U.S.C. 181(a) (‘‘Compilation of related recordkeeping. retained by the Assistant Secretary for Collective Bargaining Agreements, etc.; (17) Section 212(m)(2)(E)(ii) through Occupational Safety and Health. Use of Data’’). (v) of the INA, 8 U.S.C. 1182(m)(2)(E)(ii) Moreover, nothing in this Order shall (30) Such additional Federal acts that through (v), relating to the complaint, be construed as derogating from the from time to time may assign to the investigation, and penalty provisions of right of States operating OSHA- Secretary or the Department duties and the attestation process for users of approved State plans under 29 U.S.C. responsibilities similar to those listed nonimmigrant registered nurses (i.e., H– 667 to continue to enforce field under subparagraphs (1)—(29) of this 1A Visas). sanitation and temporary labor camp paragraph, as directed by the Secretary. (18) The enforcement of the standards if they so choose. The B. The Wage and Hour Administrator attestations required by employers Assistant Secretary for Occupational of the Employment Standards under the INA pertaining to the Safety and Health retains the authority Administration is hereby delegated employment of nonimmigrant longshore to monitor the activity of such States authority and assigned responsibility to: workers, section 258 of the INA, 8 with respect to field sanitation and (1) Issue administrative subpoenas U.S.C. 1288(c)(4)(B)–(F); and foreign temporary labor camps. under section 9 of the Fair Labor students working off-campus, 8 U.S.C. (22) The Labor-Management Standards Act of 1938, as amended, 29 1184 note; and enforcement of labor Reporting and Disclosure Act of 1959, as U.S.C. 209; section 5 of the Walsh- condition applications for employment amended, 29 U.S.C. 401 et seq. If, in the Healey Public Contracts Act, 41 U.S.C. of nonimmigrant professionals, section course of investigations under the 39; section 4(a) of the McNamara-O’Hara 212(n)(2) of the INA, 8 U.S.C. Labor-Management Reporting and Service Contract Act, 41 U.S.C. 353(a); 1182(n)(2). Disclosure Act, there appear to be section 512(b) of the Migrant and (19) Title I of the Americans with indications of organized crime and labor Seasonal Agricultural Worker Protection Disabilities Act of 1990, 42 U.S.C. 12101 racketeering , the Assistant Secretary for Act of 1983, 29 U.S.C. 1862(b); section et seq., and the regulations at 41 CFR Employment Standards shall promptly 5(b) of the Employee Polygraph Part 60–742. notify the Inspector General, who also Protection Act of 1988, 29 U.S.C. (20) The Family and Medical Leave has statutory authority to investigate 2004(b); section 106 of the Family and Act of 1993, 29 U.S.C. 2601 et seq., such issues. The Inspector General shall Medical Leave Act of 1993, 29 U.S.C. including subpoena authority under 29 have the power to assume the lead in 2616; and section 8(b) of the U.S.C. 2616. further investigative activities arising Occupational Safety and Health Act of (21) The Occupational Safety and from such case with respect to issues 1970, 29 U.S.C. 657(b), with respect to Health Act of 1970, 29 U.S.C. 651 et involving organized crime and labor the authority delegated by this Order. seq., to conduct inspections and racketeering. C. The Wage and Hour Regional investigations, issue administrative (23) Section 701 (Standards of Administrators of the Employment subpoenas, issue citations, assess and Conduct for Labor Organizations) of the Standards Administration are hereby collect penalties, and enforce any other Civil Service Reform Act of 1978, 5 delegated authority and assigned remedies available under the statute, U.S.C. 7120; section 1017 of the Foreign responsibility to issue administrative and to develop and issue compliance Service Act of 1980, 22 U.S.C. 4117; subpoenas under section 9 of the Fair interpretations under the statute, with Section 220(a)(1) of the Congressional Labor Standards Act of 1938, as regard to the standards on: Accountability Act of 1995, 2 U.S.C. amended, 29 U.S.C. 209; section 5 of the (a) Field sanitation, 29 CFR 1928.110; 1351(a)(1); and the regulations Walsh-Healey Public Contracts Act, 41 and pertaining to such sections at 29 CFR U.S.C. 39; section 4(a) of the McNamara- (b) Temporary labor camps, 29 CFR Parts 457–459. O’Hara Service Contract Act, 41 U.S.C. 1910.142, with respect to any (24) Section 1209 of the Postal 353(a); section 512(b) of the Migrant and agricultural establishment where Reorganization Act of 1970, 39 U.S.C. Seasonal Agricultural Worker Protection employees are engaged in ‘‘agricultural 1209. Act of 1983, 29 U.S.C. 1862(b); section employment’’ within the meaning of the (25) The employee protection 5(b) of the Employee Polygraph Migrant and Seasonal Agricultural provisions of the Federal Transit law, as Protection Act of 1988, 29 U.S.C. Worker Protection Act, 29 U.S.C. codified at 49 U.S.C. 5333(b), and 2004(b); section 106 of the Family and 1802(3), regardless of the number of related provisions. Medical Leave Act of 1993, 29 U.S.C. employees, including employees (26) The employee protection 2616; and section 8(b) of the engaged in hand packing of produce provisions certified under section Occupational Safety and Health Act of into containers, whether done on the 405(a), (b), (c), and (e) of the Rail 1970, 29 U.S.C. 657(b), with respect to ground, on a moving machine, or in a Passenger Service Act of 1970, 45 U.S.C. the authority delegated by this Order. temporary packing shed, except that the 565(a), (b), (c), and (e). D. The Assistant Secretary for Assistant Secretary for Occupational (27) Executive Order 13201, (‘‘the Employment Standards and the Safety and Health retains enforcement Notification of Employee Rights Assistant Secretary for Occupational responsibility over temporary labor Concerning Payment of Union Dues or Safety and Health are directed to confer camps for employees engaged in egg, Fees’’) of February 17, 2001. regularly on enforcement of the poultry, or red meat production, or the (28) The Energy Employees Occupational Safety and Health Act post-harvest processing of agricultural Occupational Illness Compensation with regard to the standards on field or horticultural commodities. Program Act of 2000, Title XXXVI of the sanitation and temporary labor camps The authority of the Assistant Floyd D. Spence National Defense (see section 7.a. (21) of this Order), and Secretary for Employment Standards Authorization Act for Fiscal Year 2001 to enter into any memoranda of under the Occupational Safety and (Pub. L. 106–398), and Executive Order understanding which may be Health Act with regard to the standards 13179 (‘‘Providing Compensation to appropriate to clarify questions of on field sanitation and temporary labor America’s Nuclear Weapons Workers’’) coverage which arise in the course of camps does not include any other of December 7, 2000. such enforcement.

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E. The Assistant Secretary for the administration of the statutory Administrative Review Board by Administration and Management is provisions, regulations, and Executive Secretary’s Order 2–96 (April 17, 1996). delegated authority and assigned Orders listed above. The bringing of C. Except as expressly provided, responsibility to assure that any transfer legal proceedings under those nothing in this Order shall limit or of resources affecting this Order is fully authorities, the representation of the modify the provisions of any other consistent with the budget policies of Secretary and/or other officials of the Order, including Secretary’s Order 4– the Department and that consultation Department of Labor, and the 2006 (Office of Inspector General). and negotiation, as appropriate, with determination of whether such representatives of any employees proceedings or representations are 9. Redelegation of Authority. The affected by this exchange of appropriate in a given case, are Assistant Secretary for Employment responsibilities is conducted. The delegated exclusively to the Solicitor. Standards, the Assistant Secretary for Assistant Secretary for Administration 8. Reservation of Authority and Administration and Management, and and Management is also responsible for Responsibility. the Solicitor of Labor may re-delegate providing or assuring that appropriate A. The submission of reports and authority delegated in this Order. administrative and management support recommendations to the President and 10. Effective Date. This order is is furnished, as required, for the the Congress concerning the effective immediately. efficient and effective operation of these administration of the statutory Dated: May 30, 2008. programs. provisions and Executive Orders listed F. The Solicitor of Labor is delegated above is reserved to the Secretary. Elaine L. Chao, authority and assigned responsibility for B. Nothing in this Order shall limit or Secretary of Labor. providing legal advice and assistance to modify the delegation of authority and [FR Doc. E8–12700 Filed 6–5–08; 8:45 am] all officers of the Department relating to assignment of responsibility to the BILLING CODE 4510–23–P

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Reader Aids Federal Register Vol. 73, No. 110 Friday, June 6, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 230...... 32222 Presidential Documents 2 CFR 232...... 32222 Executive orders and proclamations 741–6000 Proposed Rules: 240...... 32222 The United States Government Manual 741–6000 33...... 32417 249...... 32222 249b...... 32222 Other Services 3 CFR 260...... 32222 741–6020 Electronic and on-line services (voice) Proclamations: 270...... 32222 Privacy Act Compilation 741–6064 8262...... 31745 274...... 32222 Public Laws Update Service (numbers, dates, etc.) 741–6043 8263...... 31747 275...... 32222 TTY for the deaf-and-hard-of-hearing 741–6086 8264...... 31921 279...... 32222 8265...... 31923 Proposed Rules: 8266...... 31925 ELECTRONIC RESEARCH 150...... 32260, 32261 8267...... 31927 World Wide Web 8268...... 32233 21 CFR Full text of the daily Federal Register, CFR and other publications 7 CFR 522...... 31357 is located at: http://www.gpoaccess.gov/nara/index.html 801...... 31358 301...... 31929 Proposed Rules: Federal Register information and research tools, including Public 955...... 31605 801...... 31390 Inspection List, indexes, and links to GPO Access are located at: http://www.archives.gov/federallregister 9 CFR 23 CFR E-mail 93...... 31930 774...... 31609 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 130...... 31771 28 CFR an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The digital form 10 CFR Proposed Rules: of the Federal Register Table of Contents includes HTML and 75...... 32262 50...... 31607 100...... 31648 PDF links to the full text of each document. 170...... 32386 To join or leave, go to http://listserv.access.gpo.gov and select 171...... 32386 30 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: Proposed Rules: (or change settings); then follow the instructions. 71...... 31946 950...... 31392 PENS (Public Law Electronic Notification Service) is an e-mail 430...... 32243 service that notifies subscribers of recently enacted laws. 33 CFR 12 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 100...... 31360 652...... 31937 and select Join or leave the list (or change settings); then follow 117 ...... 31610, 32236, 32237 the instructions. Proposed Rules: 165...... 31363, 31612 535...... 31648 Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 706...... 31648 100...... 31394 respond to specific inquiries. 151...... 32273 Reference questions. Send questions and comments about the 14 CFR 165 ...... 31397, 31652, 31782, Federal Register system to: [email protected] 27...... 31608 31785 29...... 31608 The Federal Register staff cannot interpret specific documents or 34 CFR regulations. 39 ...... 31351, 31353, 31355, 31749 Proposed Rules: 71...... 31608, 32235 222...... 31592 FEDERAL REGISTER PAGES AND DATE, JUNE Proposed Rules: 37 CFR 31351–31604...... 2 39 ...... 31780, 32245, 32246, 32248, 32250, 32252, 32253, 31605–31748...... 3 Proposed Rules: 32255, 32256, 32258 1...... 31655 31749–31928...... 4 41...... 31655 31929–32234...... 5 15 CFR 201...... 31399 32235–32426...... 6 30...... 31548 38 CFR 16 CFR 3...... 31753 Proposed Rules: 21...... 31742 317...... 32259 39 CFR 17 CFR 111...... 31943, 32238 200...... 32222 201...... 32222 40 CFR 202...... 32222 52 ...... 31366, 31368, 31614, 203...... 32222 32239, 32240 209...... 32222 60...... 31372, 31376

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141...... 31616 42 CFR 48 CFR 50 CFR 180...... 31753 418...... 32088 Proposed Rules: 300...... 31380 261...... 31756 Proposed Rules: 517...... 32274 635...... 31380 271...... 31634 5...... 31418 537...... 32276 648...... 31769, 31770 302...... 31756 51c ...... 31418 547...... 32277 679...... 31646 Proposed Rules: 552...... 32276, 32277 Proposed Rules: 52 ...... 31415, 31663, 31947, 44 CFR 17...... 31418, 31665 32274 67...... 31944 49 CFR 216...... 31666 60...... 31416 195...... 31634 229...... 32278 180...... 31788 47 CFR Proposed Rules: 622...... 31669, 32281 73...... 32241 571...... 31663 700...... 31807

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REMINDERS Airplanes; published 5-2- COMMERCE DEPARTMENT Plan and 2002 Base-Year The items in this list were 08 National Inventory for the Susq; editorially compiled as an aid Boeing Model 737-300, Telecommunications and comments due by 6-13-08; to Federal Register users. -400, and -500 Series Information Administration published 5-14-08 [FR E8- Inclusion or exclusion from Airplanes; published 5-2- Proposal to Waive the 10809] this list has no legal 08 Household Eligibility and Approval and Promulgation of significance. Boeing Model 737 100, 200, Application Process of the Air Quality Implementation 200C, 300, 400, and 500 Coupon Program Plans: Series Airplanes; For Individuals Residing in Columbia County, PA; RULES GOING INTO published 5-2-08 Nursing Homes and Section 110(a)(1)Plan and EFFECT JUNE 6, 2008 Boeing Model 737 600, 700, Households that Utilize 2002 Base-Year Inventory; 700C, 800 and 900 Post Office Boxes; comments due by 6-13- 08; published 5-14-08 [FR ENERGY DEPARTMENT Series Airplanes; comments due by 6-9-08; published 5-2-08 published 4-24-08 [FR E8- E8-10811] Federal Energy Regulatory Boeing Model 777-200, 300, 08869] Somerset County, PA; Commission Section 110(a)(1) 8-Hour and 300ER Series EDUCATION DEPARTMENT Market-Based Rates for Ozone Maintenance and Airplanes; published 5-2- Privacy Act Regulations; Wholesale Sales of Electric 08 2002 Base-Year Inventory; Energy, Capacity and comments due by 6-9-08; comments due by 6-13- Bombardier Model CL-600- Ancillary Services by Public published 5-8-08 [FR E8- 08; published 5-14-08 [FR 2C10 (Regional Jet Series Utilities; published 5-7-08 10110] E8-10813] 700, 701 & 702), CL-600- ENERGY DEPARTMENT ENVIRONMENTAL 2D15 (Regional Jet Series Approval and Promulgation of PROTECTION AGENCY 705), etc.; published 5-2- Application to Export Electric State Implementation Plans: Approval and Promulgation of 08 Energy: States of South Dakota and Wyoming; Interstate Air Quality Implementation Bombardier Model CL 600 Saracen Energy Partners, Transport of Pollution; Plans; Connecticut; 2B19 (Regional Jet Series LP; comments due by 6- comments due by 6-9-08; Interstate Transport of 100 & 440) Airplanes; 9-08; published 5-9-08 published 5-8-08 [FR E8- Pollution; published 5-7-08 published 5-2-08 [FR E8-10368] 10100] FEDERAL Bombardier Model DHC-8- ENERGY DEPARTMENT Environmental Statements; COMMUNICATIONS 102, et al.; published 5-2- Federal Energy Regulatory Notice of Intent: COMMISSION 08 Commission Coastal Nonpoint Pollution Ancillary Terrestrial Bombardier Model DHC-8- Environmental Assessment; Control Programs; States Components in the 1.6/2.4 400, DHC-8-401, and Availability: and Territories— GHz Big LEO Bands; DHC 8 402 Airplanes; Natural Gas Pipeline Florida and South published 5-7-08 published 5-2-08 Company of America; Carolina; Open for Hearing Aid-Compatible Mobile De Havilland Support Proposed Herscher- comments until further Handsets: Limited Model Beagle Galesville Expansion notice; published 2-11- Petition of American B.121 Series 1, 2, and 3 Project; comments due by 08 [FR 08-00596] 6-11-08; published 5-16- National Standards Airplanes; published 5-2- National Emission Standards 08 [FR E8-11028] Institute Accredited 08 for Hazardous Air Pollutants: Standards Committee C63 McDonnell Douglas Model Modification of Interchange Organic Liquids Distribution (EMC) ANSI ASC C63; DC 10 10, DC 10 10F, and Transmission Loading (Non-Gasoline); comments published 5-7-08 DC 10 15, and MD 10 Relief Reliability Standards due by 6-9-08; published 4- HEALTH AND HUMAN 10F Airplanes; published etc.; comments due by 6- 23-08 [FR E8-08810] SERVICES DEPARTMENT 5-2-08 12-08; published 4-28-08 National Emission Standards [FR E8-09013] Centers for Medicare & Taylorcraft, Inc. Models A, for Hazardous Air Pollutants: Medicaid Services B, and F series Airplanes; Modification of Interchange Organic Liquids Distribution published 5-2-08 and Transmission Loading Medicare Program: (Non-Gasoline); comments Relief Reliability Standards, due by 6-9-08; published Standards for E-Prescribing etc.; comments due by 6- 4-23-08 [FR E8-08811] Under Medicare Part D COMMENTS DUE NEXT 12-08; published 5-27-08 Proposed Administrative and Identification of WEEK [FR E8-11694] Backward Compatible Settlement Pursuant to the ENVIRONMENTAL Comprehensive Version of Adopted AGRICULTURE PROTECTION AGENCY Standard for E-Prescribing DEPARTMENT Environmental Response, Agency Information Collection Compensation, and Liability and the Medicare Animal and Plant Health Activities; Proposals, Act, etc.; comments due by Prescription Drug Inspection Service Program; published 4-7-08 Submissions, and Approvals; 6-11-08; published 5-12-08 Tuberculosis in Cattle and comments due by 6-13-08; [FR E8-10509] HOMELAND SECURITY Bison; State and Zone published 5-14-08 [FR E8- Proposed CERCLA DEPARTMENT Designations; Minnesota; 10827] Administrative Cashout comments due by 6-9-08; Coast Guard Approval and Promulgation of Settlement: published 4-9-08 [FR E8- Special Local Regulations for Air Quality Implementation Elite Laundry Superfund 07346] Marine Events: Plans; PA; Section Approval Site; Jaffrey, NH; Pasquotank River, Elizabeth AGRICULTURE and Promulgation of Air comments due by 6-9-08; City, NC; published 6-2-08 DEPARTMENT Quality Implementation published 5-8-08 [FR E8- Agricultural Research Plans; Pennsylvania; Sect; 10310] TRANSPORTATION Service comments due by 6-13-08; DEPARTMENT Revisions to the California Agency Information Collection published 5-14-08 [FR E8- State Implementation Plan; Federal Aviation Activities; Proposals, 10815] comments due by 6-9-08; Administration Submissions, and Approvals; Approval and Promulgation of published 5-9-08 [FR E8- Airworthiness Directives: comments due by 6-9-08; Air Quality Implementation 10405] Airbus A318, A319, A320, published 4-4-08 [FR E8- Plans; PA; Section 110(a)(1) Standards of Performance for and A321 Series 07048] 8-Hour Ozone Maintenance Coal Preparation Plants;

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comments due by 6-12-08; Monitoring; comments due Boeing Model 737 300; 400; Navigation Routes (T- published 4-28-08 [FR E8- by 6-12-08; published 5-13- and 500 Series Airplanes; Routes); Southwest Oregon; 09104] 08 [FR E8-10534] comments due by 6-9-08; comments due by 6-13-08; HEALTH AND HUMAN INTERIOR DEPARTMENT published 4-24-08 [FR E8- published 4-29-08 [FR E8- SERVICES DEPARTMENT Fish and Wildlife Service 08913] 09245] Centers for Medicare & Endangered and Threatened Boeing Model 737 Proposed Release of Land: Medicaid Services Wildlife and Plants; Airplanes; comments due Elkins Randolph County Medicare Program: Designation of Critical by 6-12-08; published 4- Airport; Elkins, WV; 28-08 [FR E8-09193] Proposed Changes to the Habitat: comments due by 6-13- Hospital Inpatient Acanthomintha ilicifolia (San Boeing Model 747 100, 747 08; published 5-14-08 [FR Prospective Payment Diego thornmint); 100B, 747 100B SUD, E8-10428] Systems and Fiscal Year comments due by 6-12- 747 200B, 747 200C, 747 TRANSPORTATION 2009 Rates; comments 08; published 5-13-08 [FR 200F, etc. Series DEPARTMENT Airplanes; comments due due by 6-13-08; published E8-10499] Federal Motor Carrier Safety by 6-12-08; published 4- 4-30-08 [FR 08-01135] JUSTICE DEPARTMENT Administration 28-08 [FR E8-09122] HOMELAND SECURITY Drug Enforcement Commercial Driver’s License Bombardier Model CL 600 DEPARTMENT Administration Testing and Commercial 2C10 (Regional Jet Series Control of Immediate Learner’s Permit Standards; Coast Guard 700, 701, & 702) Precursor Used in Illicit comments due by 6-9-08; Anchorage Regulations: Airplanes, Model CL 600 Manufacture of Fentanyl as published 4-9-08 [FR E8- Port of New York and 2D15, etc.; comments due a Schedule II Controlled 07070] Vicinity; comments due by by 6-9-08; published 5-8- Substance; comments due 6-9-08; published 5-8-08 08 [FR E8-10219] TRANSPORTATION [FR E8-10259] by 6-9-08; published 4-9-08 DEPARTMENT [FR E8-07391] Bombardier Model CL 600 HOMELAND SECURITY 2C10 (Regional Jet Series Pipeline and Hazardous DEPARTMENT LABOR DEPARTMENT 700, 701, & 702) and Materials Safety Federal Emergency Mine Safety and Health Model CL 600 2D24 Administration Management Agency Administration (Regional Jet Series 900) Agency Information Collection Agency Information Collection Proposed Flood Elevation Airplanes; comments due Activities; Proposals, Activities; Proposals, Determinations; comments by 6-12-08; published 5- Submissions, and Approvals; Submissions, and Approvals; due by 6-9-08; published 3- 13-08 [FR E8-10647] comments due by 6-9-08; comments due by 6-9-08; 10-08 [FR E8-04638] Cessna Aircraft Company published 5-9-08 [FR E8- published 4-8-08 [FR E8- Models 175 and 175A 10413] HOMELAND SECURITY 07259] DEPARTMENT Airplanes; comments due TREASURY DEPARTMENT LABOR DEPARTMENT by 6-9-08; published 4-8- Extending Period of Optional Internal Revenue Service Occupational Safety and 08 [FR E8-07258] Practical Training by 17- Guidance Regarding Health Administration Months for F-1 EADS SOCATA Model TBM Deduction and Capitalization Nonimmigrant Students, etc.; Agency Information Collection 700 Airplanes; comments of Expenditures Related to comments due by 6-9-08; Activities; Proposals, due by 6-9-08; published Tangible Property; published 4-8-08 [FR E8- Submissions, and Approvals; 5-9-08 [FR E8-10066] comments due by 6-9-08; 07427] comments due by 6-13-08; Empresa Brasileira de published 3-10-08 [FR E8- published 4-14-08 [FR E8- Period of Admission and Stay Aeronautica S.A. Model 04466] 07785] for Canadian and Mexican EMB 135 Airplanes and Guidance Regarding Citizens Engaged in POSTAL SERVICE Model EMB 145, 145ER, Deduction and Capitalization Professional Business Revised Standards for 145MR, et al.; comments of Expenditures Related to Activities; comments due by Postage and Fee Refunds; due by 6-9-08; published Tangible Property; 6-9-08; published 5-9-08 comments due by 6-9-08; 5-8-08 [FR E8-09890] Correction; comments due [FR E8-10343] published 5-9-08 [FR E8- Lycoming Engines IO, et al.; by 6-9-08; published 4-15- HOUSING AND URBAN 10358] comments due by 6-13- 08 [FR Z8-04466] 08; published 4-14-08 [FR DEVELOPMENT TRANSPORTATION VETERANS AFFAIRS E8-07574] DEPARTMENT DEPARTMENT DEPARTMENT Pacific Aerospace Limited Agency Information Collection Federal Aviation Agency Information Collection Model FU-24 Airplanes; Activities; Proposals, Administration Activities; Proposals, comments due by 6-12- Submissions, and Approvals; Airworthiness Directives: Submissions, and Approvals; 08; published 5-13-08 [FR comments due by 6-9-08; BAE Systems (Operations) comments due by 6-12-08; E8-10649] published 5-8-08 [FR E8- Limited (Jetstream) Model published 5-13-08 [FR E8- 10333] 4101 Airplanes; comments Teledyne Continental Motors 10530] (TCM) IO-520, et al.; Application and Reporting for due by 6-12-08; published Assistance to States in Hiring comments due by 6-10- Hospital Project Mortgage 5-13-08 [FR E8-10648] and Retaining Nurses at 08; published 4-11-08 [FR Insurance; comments due APEX Aircraft Model CAP State Veterans Homes; E8-07711] by 6-12-08; published 5-13- 10 B Airplanes; comments comments due by 6-10-08; 08 [FR E8-10532] due by 6-9-08; published Amendment of Class E published 4-11-08 [FR E8- Real Estate Settlement 5-9-08 [FR E8-10348] Airspace; Salyer Farms, CA; 07641] comments due by 6-9-08; Procedures Act (RESPA) Avidyne Corporation Primary Burial Benefits; comments due published 4-23-08 [FR E8- Proposed Rule to Improve Flight Displays; comments by 6-9-08; published 4-8-08 08727] the Process of Obtaining due by 6-13-08; published [FR E8-07234] Mortgages and Reduce 4-14-08 [FR E8-07802] Proposed Establishment of Consumer Settlement Costs: Boeing Model 737-600, Class E Airspace; Carson Extension of; comments due -700, -700C, -800, -900, City, NV; comments due by LIST OF PUBLIC LAWS by 6-12-08; published 5-12- and 900ER Series 6-9-08; published 4-23-08 08 [FR E8-10634] Airplanes; comments due [FR E8-08725] This is a continuing list of Self-Help Homeownership by 6-9-08; published 4-24- Proposed Establishment of public bills from the current Opportunity Program Grant 08 [FR E8-08911] Low Altitude Area session of Congress which

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have become Federal laws. It index.html. Some laws may S. 2829/P.L. 110–242 may be used in conjunction not yet be available. To make technical corrections with ‘‘PLUS’’ (Public Laws to section 1244 of the Public Laws Electronic Update Service) on 202–741– H.R. 2356/P.L. 110–239 National Defense Authorization Notification Service 6043. This list is also Act for Fiscal Year 2008, (PENS) available online at http:// To amend title 4, United which provides special www.archives.gov/federal- States Code, to encourage the immigrant status for certain register/laws.html. display of the flag of the Iraqis, and for other purposes. United States on Father’s (June 3, 2008; 122 Stat. PENS is a free electronic mail The text of laws is not Day. (June 3, 2008; 122 Stat. 1567) notification service of newly published in the Federal 1559) S.J. Res. 17/P.L. 110–243 enacted public laws. To Register but may be ordered H.R. 2517/P.L. 110–240 Directing the United States to subscribe, go to http:// in ‘‘slip law’’ (individual initiate international listserv.gsa.gov/archives/ pamphlet) form from the Protecting Our Children discussions and take publaws-l.html Superintendent of Documents, Comes First Act of 2007 necessary steps with other U.S. Government Printing (June 3, 2008; 122 Stat. Nations to negotiate an Note: This service is strictly Office, Washington, DC 20402 1560) agreement for managing for E-mail notification of new (phone, 202–512–1808). The migratory and transboundary laws. The text of laws is not H.R. 4008/P.L. 110–241 text will also be made fish stocks in the Arctic available through this service. available on the Internet from Credit and Debit Card Receipt Ocean. (June 3, 2008; 122 PENS cannot respond to GPO Access at http:// Clarification Act of 2007 (June Stat. 1569) specific inquiries sent to this www.gpoaccess.gov/plaws/ 3, 2008; 122 Stat. 1565) Last List June 2, 2008 address.

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