3–20–08 Thursday Vol. 73 No. 55 Mar. 20, 2008

Pages 14917–15050

VerDate Aug 31 2005 19:26 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\20MRWS.LOC 20MRWS rwilkins on PROD1PC63 with NOTICES II Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. FEDERAL REGISTER WORKSHOP The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. FOR: Any person who uses the Federal Register and Code of Federal Regulations. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases WHO: Sponsored by the Office of the Federal Register. on GPO Access, a service of the U.S. Government Printing Office. WHAT: Free public briefings (approximately 3 hours) to present: The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority 1. The regulatory process, with a focus on the Federal of the Administrative Committee of the Federal Register as the Register system and the public’s role in the development official legal equivalent of the paper and microfiche editions (44 of regulations. U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and 2. The relationship between the Federal Register and graphics from Volume 59, Number 1 (January 2, 1994) forward. Code of Federal Regulations. For more information about GPO Access, contact the GPO Access 3. The important elements of typical Federal Register doc- User Support Team, call toll free 1-888-293-6498; DC area 202- uments. 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. 4. An introduction to the finding aids of the FR/CFR sys- The Support Team is available between 7:00 a.m. and 9:00 p.m. tem. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper WHY: To provide the public with access to information nec- edition is $749 plus postage, or $808, plus postage, for a combined essary to research Federal agency regulations which di- Federal Register, Federal Register Index and List of CFR Sections rectly affect them. There will be no discussion of specific Affected (LSA) subscription; the microfiche edition of the Federal agency regulations. Register including the Federal Register Index and LSA is $165, llllllllllllllllll plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to WHEN: Tuesday, April 15, 2008 orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, 9:00 a.m.–Noon is based on the number of pages: $11 for an issue containing WHERE: Office of the Federal Register less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues Conference Room, Suite 700 of the microfiche edition may be purchased for $3 per copy, 800 North Capitol Street, NW. including postage. Remit check or money order, made payable Washington, DC 20002 to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or RESERVATIONS: (202) 741–6008 Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 73 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Aug 31 2005 19:26 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\20MRWS.LOC 20MRWS rwilkins on PROD1PC63 with NOTICES III

Contents Federal Register Vol. 73, No. 55

Thursday, March 20, 2008

Agricultural Marketing Service Election Assistance Commission RULES NOTICES Peanut Promotion, Research, and Information Order: Agency Information Collection Activities; Proposals, Amendment to Primary Peanut-Producing States and Submissions, and Approvals, 14974–14975 Adjustment of Membership, 14919–14922 Pistachios Grown in California; Changes in Handling Energy Department Requirements, 14917–14919 See Federal Energy Regulatory Commission Agriculture Department See Agricultural Marketing Service Environmental Protection Agency See Animal and Plant Health Inspection Service NOTICES See Forest Service Agency Information Collection Activities; Proposals, See Rural Utilities Service Submissions, and Approvals, 14983–14985

Animal and Plant Health Inspection Service Federal Aviation Administration NOTICES RULES South Korea; Permits for the Importation of Dropwort Class E Airspace, 15049 Leaves With Stems, 14956 Class E Airspace; Amendment: Black River Falls, WI, 14925 Centers for Disease Control and Prevention Indianapolis, IN, 14925 NOTICES Class E Airspace; Establishment: Meetings: Lexington, OK, 14925–14926 Disease, Disability, and Injury Prevention and Control, Walden, CO, 14924–14925 Vision Health, Request for Application (RFA) DP08- PROPOSED RULES 001., 14988 Class E Airspace; Establishment: Canon, GA, 14949–14950 NOTICES Coast Guard Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 15042–15043 Notification of the Imposition of Conditions of Entry for Certain Vessel Arriving to the United States, Iran, 14993–14994 Federal Communications Commission RULES Commerce Department Interconnected Voice Over Internet Protocol Services, See Foreign-Trade Zones Board Sections 225 and 255, 14941–14942 NOTICES See International Trade Administration Agency Information Collection Activities; Proposals, See National Oceanic and Atmospheric Administration NOTICES Submissions, and Approvals, 14985–14988 Postsecondary Internship Program; Extension of Award Period, 14957–14958 Federal Energy Regulatory Commission NOTICES Comptroller of the Currency Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 14976 Lending Limits, 14922–14924 Application: Columbia Gas Transmission Corp., 14978 Defense Department Augusta Canal Authority, 14977–14978 See Navy Department Blanket Authorization Request: NOTICES Texas Eastern Transmission, LP, 14978–14979 Federal Advisory Committees; Renewal, 14968–14969 Environmental Assessment: Revised Non-Foreign Overseas Per Diem Rates, 14969– Pacific Gas and Electric Co., 14981 14973 Environmental Assessment, Intent: Petal Gas Storage, L.L.C., 14979–14981 Education Department Meetings; Sunshine Act, 14981–14983 NOTICES Education Research and Special Education Research Grant Federal Motor Carrier Safety Administration Programs: NOTICES Applications for 2009 Fiscal Year; Correction [Editorial Agency Information Collection Activities; Proposals, Note: The page numbers for this document were Submissions, and Approvals, 15043–15044 missing from the Wednesday, March 19, 2008 Rotel North American Tours; Commercial Driver’s License Federal Register Table of Contents. The correct page Standards; Exemption Application and Request for numbers are 14878-14880] Comments, 15044–15045

VerDate Aug<31>2005 19:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN rwilkins on PROD1PC63 with NOTICES IV Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Contents

Federal Reserve System See Indian Affairs Bureau NOTICES See Land Management Bureau Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 14988 Internal Revenue Service RULES Financial Management Service Application of Normalization Accounting Rules to Balances See Fiscal Service of Excess Deferred Income Taxes, etc., 14934–14937 Fiscal Service International Trade Administration RULES NOTICES Sale and Issue of Marketable Book-Entry Treasury Bills, Forged Stainless Steel Flanges from India: Notes, and Bonds: Extension of Time Limits for Preliminary Results of Minimum and Multiple Amounts Eligible for STRIPS, Antidumping Duty New Shipper Review, 14958– Legacy Treasury Direct, and Certification 14959 Requirements, 14937–14939 Initiation of Antidumping Duty Changed Circumstances Review, 14959–14960 Fish and Wildlife Service Freshwater Crawfish Tail Meat from the People’s Republic PROPOSED RULES of China: Endangered and Threatened Wildlife and Plants: Court Decision Not in Harmony with Final Results of Coaster Brook Trout, 14950–14955 Administrative Review, 14960–14961 NOTICES Stainless Steel Bar from India: Endangered and Threatened Wildlife and Plants: Preliminary Results and Partial Rescission of 28 Southwestern Species; 5-Year Reviews, 14995–14997 Antidumping Duty Administrative Review, 15049 Meetings: Sporting Conservation Council, 14997 International Trade Commission NOTICES Food and Drug Administration Investigation: RULES DVD Players and Recorders and Products; Corrected Implantation or Injectable Dosage Form New Animal Drugs; Limited Exclusion Order, 15004–15005 Oxytetracycline Solution, 14926 NOTICES GPS Chips, Associated Software and Systems, and Standards for Standardized Numerical Identifier, Products, 15005 Validation, Track and Trace, and Prescription Drugs Unified Communications Systems, Products Used With Authentication; Request for Comments, 14988–14991 Such Systems, and Components, 15005–15007 Technologies for Prescription Drug Identification, Justice Department Validation, Track and Trace, or Authentication; NOTICES Request for Information, 14991–14992 Lodging of Settlement Agreement, 15007 Foreign-Trade Zones Board Land Management Bureau NOTICES NOTICES Perrigo Co., Allegan, MI; Review of Sourcing Change, Alaska Native Claims Selection, 15002 Foreign-Trade Subzone 43D, 14958 Meetings: Forest Service John Day/Snake Resource Advisory Council, 15002 NOTICES Primary and Alternate Representatives, Santa Rosa and San Primary and Alternate Representatives, Santa Rosa and San Jacinto Mountains National Advisory Committee; Call Jacinto Mountains National Advisory Committee; Call for Nominations and Appointment, 15002–15004 for Nominations and Appointment, 15002–15004 Proposed Reinstatement of Terminated Oil and Gas Lease; Wyoming, 15004 Health and Human Services Department See Centers for Disease Control and Prevention Morris K. Udall Scholarship and Excellence in National See Food and Drug Administration Environmental Policy Foundation See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Agency Information Collection Activities; Proposals, Administration Submissions, and Approvals, 15007–15009 Homeland Security Department National Institutes of Health See Coast Guard NOTICES Meetings: Housing and Urban Development Department National Eye Institute, 14992 NOTICES Section 3 Complaint Processing Functions, 14994–14995 National Oceanic and Atmospheric Administration RULES Indian Affairs Bureau Fisheries of the Caribbean, Gulf of Mexico, and South NOTICES Atlantic: Muscogee (Creek) Nation Liquor and Beverage Code, Snapper-Grouper Fishery off the Southern Atlantic States, 14997–15002 14942–14945 NOTICES Interior Department Draft Guidelines: See Fish and Wildlife Service Marine Debris Program Grant Program, 14961–14964

VerDate Aug<31>2005 19:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Contents V

Meetings: State Department New England Fishery Management Council, 14964 RULES New and Revised Conservation and Management Measures Visas: and Resolutions for Antarctic Marine Living Resources Documentation of Immigrants and Nonimmigrants; Visa Under CCAMLR Auspices, 14964–14968 Classification, 14926–14934 NOTICES National Science Foundation Bureau of Educational and Cultural Affairs Request for Grant Proposals: RULES Faith and Community, A Dialogue, 15034–15041 Conservation of Antarctic Animals and Plants, 14939– Youth Exchange and Study Abroad Program, 15029– 14941 15034 Determination and Waiver of 2008 Foreign Operations, and Navy Department Related Programs Appropriations Act, Section 690(a) NOTICES Relating to Assistance for Egypt, 15041 Privacy Act; Systems of Records, 14973–14974 State–42 Munitions Control Records, 15041–15042

Nuclear Regulatory Commission Substance Abuse and Mental Health Services PROPOSED RULES Administration Decommissioning Planning; Comment Period Extension, 14946 NOTICES New England Coalition on Nuclear Pollution; Denial of Agency Information Collection Activities; Proposals, Petition for Rulemaking, 14946–14949 Submissions, and Approvals, 14992–14993 NOTICES Duke Energy Caroline, LLC; Combined License Application; Intent to Prepare Environmental Impact Statement, etc., Surface Transportation Board 15009–15011 NOTICES Entergy Nuclear Vermont Yankee L.L.C. and Entergy Union Pacific Railroad Co.; Temporary Trackage Rights Nuclear Operations, Inc.; Reconstitution Notice, 15011 Exemption; BNSF Railway Co., 15046–15047 Environmental Assessment, etc.: Diablo Canyon Independent Spent Fuel Storage Thrift Supervision Office Installation, 15011–15012 NOTICES Facility License Renewal; Kansas State University TRIGA Agency Information Collection Activities; Proposals, Research Reactor, 15012–15013 Submissions, and Approvals, 15047–15048

Personnel Management Office Transportation Department NOTICES See Federal Aviation Administration Privacy Act of 1974; Notice of Amended System of Records, See Federal Motor Carrier Safety Administration 15013–15017 See Pipeline and Hazardous Materials Safety Administration Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Applications for Special Permits, 15045–15046 Treasury Department See Comptroller of the Currency Public Debt Bureau See Fiscal Service See Fiscal Service See Internal Revenue Service See Thrift Supervision Office NOTICES Rural Utilities Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 15047 Basin Electric Power Cooperative; Intent to Hold Public Scoping Meeting and Prepare an Environmental Assessment, 14956–14957 Veterans Affairs Department NOTICES Meetings: Securities and Exchange Commission Advisory Committee on Former Prisoners of War, 15048 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 15018–15019 Financial Industry Regulatory Authority, Inc., 15019– Reader Aids 15028 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Small Business Administration and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Agency Information Collection Activities; Proposals, LISTSERV electronic mailing list, go to http:// Submissions, and Approvals, 15028 listserv.access.gpo.gov and select Online mailing list Disaster Declaration: archives, FEDREGTOC-L, Join or leave the list (or change Tennessee, 15028–15029 settings); then follow the instructions.

VerDate Aug<31>2005 19:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN rwilkins on PROD1PC63 with NOTICES VI Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Contents

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.

7 CFR 983...... 14917 1216...... 14919 10 CFR Proposed Rules: 20...... 14946 30...... 14946 40...... 14946 50...... 14946 51...... 14946 70...... 14946 72...... 14946 12 CFR 32...... 14922 14 CFR 71 (5 documents) ...... 14924, 14925, 15049 Proposed Rules: 71...... 14949 21 CFR 522...... 14926 22 CFR 41...... 14926 42...... 14926 26 CFR 1...... 14934 31 CFR 356...... 14937 45 CFR 670...... 14939 47 CFR 6...... 14941 64...... 14941 50 CFR 622...... 14942 Proposed Rules: 17...... 14950

VerDate Aug 31 2005 19:30 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\20MRLS.LOC 20MRLS rwilkins on PROD1PC63 with NOTICES 14917

Rules and Regulations Federal Register Vol. 73, No. 55

Thursday, March 20, 2008

This section of the FEDERAL REGISTER AMS, USDA, 1400 Independence including maximum defects and contains regulatory documents having general Avenue, SW., STOP 0237, Washington, minimum sizes permitted under the applicability and legal effect, most of which DC 20250–0237; Telephone: (202) 720– order. Under § 983.46, the Secretary are keyed to and codified in the Code of 2491, Fax: (202) 720–8938, or E-mail: may modify, suspend, or make rules and Federal Regulations, which is published under [email protected]. regulations to implement §§ 983.38 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: This rule through 983.45 based upon a The Code of Federal Regulations is sold by is issued under Marketing Order No. recommendation by seven concurring the Superintendent of Documents. Prices of 983 (7 CFR part 983), regulating the committee members or other available new books are listed in the first FEDERAL handling of pistachios grown in information. REGISTER issue of each week. The quality and size requirements California, hereinafter referred to as the were in effect for California pistachios ‘‘order.’’ The order is effective under the since the order’s inception in 2004. Agricultural Marketing Agreement Act DEPARTMENT OF AGRICULTURE Evidence provided at the promulgation of 1937, as amended (7 U.S.C. 601–674), hearing suggested that there was a direct hereinafter referred to as the ‘‘Act.’’ Agricultural Marketing Service link between lower-quality pistachios USDA is issuing this rule in and the incidence of aflatoxin conformance with Executive Order 7 CFR Part 983 contamination (see 68 FR 45990). 12866. [Docket No. AMS–FV–07–0082; FV07–983– This rule has been reviewed under Aflatoxin is one of a group of 1 FIR] Executive Order 12988, Civil Justice mycotoxins produced by the molds Aspergillus flavus and Aspergillus Reform. This rule is not intended to parasiticus. Aflatoxins are naturally- Pistachios Grown in California; have retroactive effect. This rule will occurring in the field and can be further Changes in Handling Requirements not preempt any State or local laws, spread in improperly processed and regulations, or policies, unless they AGENCY: Agricultural Marketing Service, stored nuts, dried fruits, and grains. The present an irreconcilable conflict with USDA. data presented at the hearing was based this rule. ACTION: Final rule. The Act provides that administrative on aflatoxin analyses of pistachios with different defects. Although the data also proceedings must be exhausted before SUMMARY: The Department of indicated that the levels of aflatoxin parties may file suit in court. Under Agriculture (USDA) is adopting, as a associated with each defect varied section 608c(15)(A) of the Act, any final rule, without change, an interim widely, researchers attributed this to handler subject to an order may file final rule changing the handling variability among the samples. requirements authorized under the with USDA a petition stating that the As further data was collected in 2005 California pistachio marketing order order, any provision of the order, or any and 2006, University of California (order). The order regulates the handling obligation imposed in connection with researchers concluded that variability in of pistachios grown in California and is the order is not in accordance with law aflatoxin levels seen in previous studies administered locally by the and request a modification of the order may have been due to geographic Administrative Committee for or to be exempted therefrom. A handler variability.12 Aflatoxin contamination is Pistachios (committee). This rule is afforded the opportunity for a hearing more prevalent in pistachios produced continues in effect the action that on the petition. After the hearing, USDA in the northern San Joaquin Valley, suspended the minimum quality would rule on the petition. The Act while quality defects, largely due to requirements, including maximum provides that the district court of the insect damage, are less prevalent. The defects and minimum sizes, for United States in any district in which opposite is true for the southern San California pistachios. This reduces the handler is an inhabitant, or has his Joaquin Valley. It is now believed that handler costs and provides handlers or her principal place of business, has these differences in aflatoxin more flexibility in meeting customer jurisdiction to review USDA’s ruling on contamination between the growing needs. the petition, provided an action is filed areas are due to differences in climate. not later than 20 days after the date of DATES: Effective Date: April 21, 2008. The northern San Joaquin Valley has the entry of the ruling. more aflatoxin contamination because FOR FURTHER INFORMATION CONTACT: This rule continues in effect the its cooler temperatures and greater Terry Vawter, Senior Marketing action that changed the handling moisture are more conducive to Specialist, or Kurt J. Kimmel, Regional requirements for pistachios currently Aspergillus and aflatoxin development, Manager, California Marketing Field authorized under the order. This rule but less conducive to insect population Office, Marketing Order Administration continues to suspend the minimum Branch, Fruit and Vegetable Programs, quality requirements, including 1 Doster, M.A., T.J. Michailides, L.D. Boeckler, AMS, USDA; Telephone: (559) 487– maximum defects and minimum sizes, and D.P. Morgan, 2006. Development of expert 5901, Fax: (559) 487–5906, or E-mail: for California pistachios. This reduces systems and predictive models for aflatoxin [email protected] or contamination in pistachios. In California Pistachio handler costs and provides handlers Industry Annual Report Crop Year 2005–2006, pg. [email protected]. more flexibility in meeting customer 101–102. Small businesses may request needs. This action was recommended by 2 Doster, M.A., T.J. Michailides, L.D. Boeckler, information on complying with this the committee. and D.P. Morgan, 2007. Prediction of aflatoxin regulation by contacting Jay Guerber, Prior to implementation of the interim contamination and a survey of fungi producing Ochratoxin A in California pistachios. In California Marketing Order Administration final rule, § 983.39 established Pistachio Industry Annual Report Crop Year 2006– Branch, Fruit and Vegetable Programs, minimum quality levels for pistachios, 2007, pg. 109–110.

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14918 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

and damage. However, in the southern unique in that they are brought about marketing order programs, reports and San Joaquin Valley, there is a higher through group action of essentially forms are periodically reviewed to incidence of insect damage and a much small entities acting on their own reduce information requirements and lower incidence of aflatoxin behalf. duplication by industry and public contamination because of the drier There are approximately 740 sector agencies. environment and higher temperatures. producers in the production area, and AMS is committed to complying with Thus, recent research suggests that 50 handlers of California pistachios the E-Government Act, to promote the aflatoxin occurrence in pistachios may subject to regulation. The Small use of the Internet and other be attributable to climatic factors. Business Administration (SBA) (13 CFR information technologies to provide Additionally, growers and handlers 121.201) defines small agricultural increased opportunities for citizen are reporting unexpected problems with producers as those having annual access to Government information and the size of pistachios this season, as receipts less than $750,000, and defines services, and for other purposes. well as with staining of the nut shell small agricultural service firms as those In addition, as noted in the initial from the hull. Pistachios are smaller whose annual receipts are less than regulatory flexibility analysis, USDA than usual, and the large crop has $6,500,000. Of the 740 producers, has not identified any relevant Federal resulted in a large percentage of approximately 722 have annual receipts rules that duplicate, overlap, or conflict pistachios which may not have met the of less than $750,000. Forty-two of the with this rule. requirements of the order because the 50 handlers subject to regulation have Further, the committee meetings sizes are smaller than authorized, which annual pistachio receipts of less than where this action was discussed were was 30/64ths of an inch. Staining is a $6,500,000. Thus, the majority of widely publicized throughout the problem this season due to producers and handlers of California pistachio industry and all interested unseasonable humidity and spotty rains pistachios may be classified as small persons were encouraged to attend the on August 26th and 30th. The moisture entities. meetings and participate in the This rule continues in effect the wet the outer hull, and the hull then committee’s deliberations. Like all action that changed the handling stained the pistachio shell. Dark stains committee meetings, these were public are an external defect, which affects requirements authorized under the meetings, and entities of all sizes were overall pistachio quality. order. This rule continues to suspend encouraged to express their views on Thus, the committee recommended the minimum quality requirements, suspending the minimum quality including maximum defects and these issues. requirements, which include maximum minimum sizes, for California An interim final rule concerning this defects and minimum sizes, under the pistachios. Authority for this action is action was published in the Federal order. This reduces handler costs and provided in § 983.46. Register on December 7, 2007. Copies of provides handlers more flexibility in Regarding the impact on affected the rule were mailed by the committee’s meeting customer needs. Suspending entities, suspending the minimum staff to all committee members and these requirements also necessitated quality requirements decreases handler pistachio handlers. In addition, the rule modifications to other sections of the inspection costs. The committee was made available by USDA and the order and regulations that referenced estimates that the direct costs to obtain Office of the Federal Register. That rule minimum quality and size inspection average approximately provided for a 60-day comment period requirements. Accordingly, this rule $50.00 per lot. The average lot is which ended February 5, 2008. One continues to partially suspend or amend approximately 44,000 pounds. With comment was received that was not language in §§ 983.6, 983.7, 983.31, over 100,000,000 pounds shipped relevant to the interim final rule. 983.38, 983.40, 983.41, 983.42, 983.45, domestically, the direct costs for A small business guide on complying 983.138, 983.143, and 983.147 of the inspection for approximately 2,300 lots with fruit, vegetable, and specialty crop order; and continues to suspend could total $115,000 for the industry. marketing agreements and orders may §§ 983.19, 983.20, 983.39, and 983.141 The direct costs do not include handler be viewed at: http://www.ams.usda.gov/ in their entirety. staff time in preparing samples, and fv/moab/html. Any questions about the Additionally, the third sentence in handler storage and recordkeeping costs compliance guide should be sent to Jay § 983.11(b), and all of § 983.71 were associated with inspected pistachios. Guerber at the previously mentioned removed because the committee’s State The committee considered address in the FOR FURTHER INFORMATION counterpart, the California Pistachio alternatives to suspending the minimum CONTACT section. Commission, has been terminated and quality requirements. Some producers The order provisions and regulations there is currently no relationship were concerned that this could give that were suspended or terminated no between the two organizations. handlers too much latitude in their longer tend to effectuate the declared operations. Other producers commented policy of the Act, while the regulations Final Regulatory Flexibility Analysis that handlers’ customers would likely that were revised tend to effectuate the Pursuant to requirements set forth in dictate product quality and prevent declared policy of the Act. Accordingly, the Regulatory Flexibility Act (RFA), shipment of substandard pistachios into after consideration of all relevant Agricultural Marketing Service (AMS) the market. Ultimately, the majority of material presented, including the has considered the economic impact of committee members supported the committee’s recommendation, and other this action on small entities. changes. information, it is found that finalizing Accordingly, AMS has prepared this In accordance with the Paperwork this interim final rule, without change, final regulatory flexibility analysis. Reduction Act of 1995 (44 U.S.C. as published in the Federal Register (72 The purpose of the RFA is to fit Chapter 35), the form ACP–5, ‘‘Minimal FR 69139, December 7, 2007), will regulatory actions to the scale of Testing’’ being suspended by this rule effectuate the declared policy of the Act. business subject to such actions in order was previously approved by the Office that small businesses would not be of Management and Budget and List of Subjects in 7 CFR Part 983 unduly or disproportionately burdened. assigned OMB No. 0581–0215, Pistachios, Marketing agreements and Marketing orders issued pursuant to the Pistachios Grown in California, for 1 orders, Reporting and recordkeeping Act, and the rules issued thereunder, are burden hour. As with all Federal requirements.

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14919

PART 983—PISTACHIOS GROWN IN Department of Agriculture, Room 0632– 612], AMS has examined the economic CALIFORNIA S, Stop 0244, 1400 Independence impact of this rule on small entities that Avenue, SW., Washington, DC 20250– would be affected by this rule. The I Accordingly, the interim final rule 0244; fax: (202) 205–2800. All purpose of the RFA is to fit regulatory amending 7 CFR part 983 which was comments should reference the docket actions to the scale of business subject published at 72 FR 69139 on December number and the date and page number to such actions in order that small 7, 2007, is adopted as a final rule of this issue of the Federal Register and businesses will not be unduly or without change. will be made available for public disproportionately burdened. Dated: March 13, 2008. inspection in the above office during The Small Business Administration defines, in 13 CFR part 121, small Lloyd C. Day, regular business hours or can be viewed at http://www.regulations.gov. agricultural producers as those having Administrator, Agricultural Marketing annual receipts of no more than Service. FOR FURTHER INFORMATION CONTACT: $750,000 and small agricultural service [FR Doc. E8–5648 Filed 3–19–08; 8:45 am] Jeanette Palmer, Marketing Specialist, Research and Promotion Branch, Fruit firms as having receipts of no more than BILLING CODE 3410–02–P and Vegetable Programs, AMS, USDA, $6,500,000 million. 1400 Independence Avenue, SW., Room There are approximately 10,840 producers and 33 handlers of peanuts DEPARTMENT OF AGRICULTURE 0632, Stop 0244, Washington, DC 20250–0244; telephone: (202) 720–9915; who are subject to the program. Most Agricultural Marketing Service or fax: (202) 205–2800; or e-mail: producers would be classified as small [email protected]. businesses under the criteria established 7 CFR Part 1216 by the Small Business Administration SUPPLEMENTARY INFORMATION: This rule [13 CFR 121.201], and most of the [Docket No.: AMS–FV–08–0001; FV–08–701 is issued under the Peanut Promotion, handlers would not be classified as IFR] Research, and Information Order [7 CFR small businesses. Part 1216]. The Order is authorized The Department’s National Peanut Promotion, Research, and under the Commodity Promotion, Agricultural Statistics Service (NASS), Information Order; Amendment to Research, and Information Act of 1996 reports U.S. peanut production from the Primary Peanut-Producing States and [7 U.S.C. 7411–7425]. 10 major peanut-producing states. The Adjustment of Membership Executive Order 12866 combined production from these states totaled 3.74 billion pounds in 2007. AGENCY: Agricultural Marketing Service, The Office of Management and Budget NASS data indicates that Georgia was USDA. has waived the review process required the largest producer (44 percent of the by Executive Order 12866 for this ACTION: Interim final rule with request total U.S. production), followed by action. for comments. Texas (20 percent), Alabama (11 SUMMARY: This rule would add a Executive Order 12988 percent), Florida (9 percent), North producer member and alternate from the This rule has been reviewed under Carolina (7 percent), South Carolina (5 State of Mississippi to the National Executive Order 12988, Civil Justice percent), Mississippi (2 percent), Peanut Board (Board). The change was Reform. The rule is not intended to have Oklahoma (2 percent), Virginia (2 proposed by the Board, which a retroactive effect and will not affect or percent), and New Mexico (1 percent). administers the nationally coordinated preempt any other State or Federal law According to the 2002 Census of program, in accordance to the authorizing promotion or research Agriculture, small amounts of peanuts provisions of the Peanut Promotion, relating to an agricultural commodity. were also grown in six other states. Research, and Information Order (Order) The 1996 Act provides that any NASS data indicates that the farm value which is authorized under the person subject to an order may file a of the peanuts produced in the top 10 Commodity Promotion, Research, and written petition with the Department of states in 2007 was $763 million. Three main types of peanuts are Information Act of 1996 (1996 Act). This Agriculture (Department) if they believe grown in the United States: Runners, change is made because Mississippi is that the order, any provision of the Virginia, and Spanish. The southeast now considered a major peanut- order, or any obligation imposed in growing region grows mostly the producing state based on the Board’s connection with the order, is not medium-kernel Runner peanuts. The review of the geographical distribution established in accordance with the law. southwest growing region used to grow of the production of peanuts. The Order In any petition, the person may request two-thirds Spanish and one-third requires a review of the geographical a modification of the order or an Runner peanuts, but now more Runners distribution of the production of exemption from the order. The than Spanish are grown. Virtually all of peanuts at least every five years. The petitioner is afforded the opportunity the Spanish peanut production is in addition of a member from Mississippi for a hearing on the petition. After a Oklahoma and Texas. In the Virginia- will provide for additional hearing, the Department would rule on Carolina region, mainly large-kernel representation from another primary the petition. The 1996 Act provides that Virginia peanuts are grown. New peanut-producing state. the district court of the United States in any district in which the petitioner Mexico grows a fourth type of peanut, DATES: Effective date: March 21, 2008. resides or conducts business shall have the Valencia. Comments must be submitted on or the jurisdiction to review the According to the Department’s before April 21, 2008. Department’s ruling on the petition, Agricultural Statistics report, in 2005 ADDRESSES: Interested persons are provided a complaint is filed not later there were 10,840 commercial invited to submit written comments on than 20 days after the date of the entry producers of peanuts in the United the Internet at: http:// of the ruling. States. If that number of growers is www.regulations.gov or to the Research divided into the total U.S. production in and Promotion Branch, Fruit and Regulatory Flexibility Analysis 2005, the resulting average is 449,249 Vegetable Programs, Agricultural In accordance with the Regulatory pounds of peanuts per grower. Peanuts Marketing Service (AMS), U.S. Flexibility Act (RFA) [5 U.S.C. 601– produced during 2005 provided average

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14920 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

gross sales of $77,808 per peanut Canada, Mexico, and Argentina. The average annual peanut production for producer, and the total value of the 2005 other major import category—processed Mississippi totals 22,410 tons per year crop was approximately $843 million. peanuts, are shipped mainly from (67,232 divided by 3), which well During the 2005/2006 marketing season China. Imports of oil stock shelled exceeds the threshold set in the Order. (which began August 1, 2005), the per peanuts and peanut meal were With regard to alternatives, the Board capita consumption of peanuts in the negligible in the United States. reviewed the peanut distribution for all United States was 6.6 pounds, the same Most peanuts produced in other the minor peanut-producing states, and as in the 2004/2005 season. countries are crushed for oil and protein Mississippi was the only State that met Peanut manufacturers produce three meal. The United States is the main the Order’s requirement for a three-year principal peanut products: peanut producer of peanuts used in such edible average peanut production of at least butter, packaged nuts (including salted, products as peanut butter, roasted 10,000 tons. unsalted, flavored, and honey-roasted peanuts, and peanut candies. Peanuts Nominations and appointments to the nuts), and peanut candies. In most are one of the world’s principal Board are conducted pursuant to years, half of all peanuts produced in oilseeds, ranking fourth behind sections 1216.40, 1216.41, and 1216.43 the United States for edible purposes are soybeans, cottonseed, and rapeseed. of the Order. Appointments to the Board used to manufacture peanut butter. India and China usually account for half are made by the Secretary from a slate Packaged nuts account for almost one- of the world’s peanut production. of nominated candidates. Pursuant to third of all processed peanuts. Some of The Board is currently composed of section 1216.41(a) of the Order, eligible these (commonly referred to as 10 producer members and their peanut producer organizations within ‘‘ballpark’’ peanuts) are roasted in the alternates. There is one producer the State shall nominate two qualified shell, while a much larger quantity is member and alternate from each of the persons for each member and each used as shelled peanuts packed as dry- nine major peanut-producing states (in alternate member. The nomination roasted peanuts, salted peanuts, and descending order—Georgia, Texas, meeting must be announced 30 days in salted mixed nuts. Some peanuts are Alabama, Florida, North Carolina, South advance. The nominees should be ground to produce peanut granules and Carolina, Oklahoma, Virginia, and New elected at an open meeting among flour. Other peanuts are crushed to Mexico) and one at-large member and peanut producers eligible to serve on produce oil. alternate representing all other peanut- the Board. At the nomination meeting, According to the Department’s producing states. However, based on the the Department will be present to Foreign Agricultural Service, exports of Board’s review of the geographical oversee and to verify eligibility and the United States peanuts (including distribution of the production of count ballots. The nominees for the peanut meal, oil, and peanut butter peanuts, Mississippi is now considered producer member and alternate member expressed in peanut equivalents) totaled a major peanut-producing state. The will be submitted to the Secretary for 743 million in-shell equivalent pounds Order requires this review at least every appointment to the Board. in calendar year 2006, with a value of five years. The Board membership In accordance with the Office of $228 million (U.S. point of departure for would move from 10 members and their Management and Budget (OMB) the foreign country). Of the total alternates to 11 members and their regulation [5 CFR part 1320] which quantity, 60 percent was shelled alternates. implements the Paperwork Reduction peanuts used as nuts, 19 percent was in The addition of a producer member Act of 1995 [44 U.S.C. Chapter 35], the peanut butter, 8 percent was blanched and alternate would be consistent with background form, which represents the or otherwise prepared or preserved section 1216.40(b) of the Order which information collection and peanuts, 4 percent was in-shell peanuts, indicates that at least once during each recordkeeping requirements that may be and 3 percent was shelled oil stock five-year period, the Board shall review imposed by this rule, was previously peanuts. The remaining 6 percent the geographical distribution of peanuts submitted to and approved by OMB represents peanuts exported as either a and make recommendation to the under OMB Number 0505–0001. meal or oil. Secretary of Agriculture (Secretary) to The public reporting burden is The major destinations in 2006 for continue without change or whether estimated to increase by an average 0.5 domestic shelled peanuts for use as nuts changes should be made in the number hours per response for each of the four are Canada, Mexico, the Netherlands, of representatives on the Board to reflect producers. The estimated annual cost of and Russia. Blanched or otherwise changes in the geographical distribution providing the information by the four prepared peanuts are sent mainly to of the production of peanuts. producers would be $19.80 or $4.95 per Western Europe, especially Norway, The Order became effective on July producer. This additional burden will Denmark, and Spain. In-shell peanuts 30, 1999, and it contains provision to be included in the existing information are mainly exported to Canada and add a producer member and alternate if collections approved for use under OMB various countries in Western Europe. the State meets and maintains a three- Number 0505–0001. Peanut butter is sent to many countries, year average production of at least With regard to information collection with the largest amounts going to 10,000 tons of peanuts. At the Board’s requirements, adding a producer Canada, Mexico, and Germany. Peanut December 4–5, 2007, meeting, the Board member and alternate member oil and oil stock peanuts are exported voted unanimously to add the State of representing the State of Mississippi for world-wide, but major destinations can Mississippi as a primary peanut- the Board means that four additional vary from year to year. producing state contingent on the NASS producers will be required to submit Approximately 164 million in-shell data for the 2007 crop year showing that background forms to the Department in equivalent pounds of peanuts and Mississippi has maintained a three-year order to be considered for appointment peanut butter were imported in 2006 average annual peanut production of at to the Board. Four producers will be with a combined value (freight on board least 10,000 tons per year. The most affected because two names must be country of origin) of $45 million. recent NASS data shows that for the submitted to the Secretary for Peanut butter accounted for about 63 years 2005, 2006, and 2007 Mississippi consideration for each position on the percent of the total quantity of nuts (in- produced 22,400 tons, 23,200 tons, and Board. However, serving on the Board is shell basis) imported in 2006. Most 29,700 tons of peanuts respectively. optional, and the burden of submitting peanut butter imports come from Based on this data, the three-year the background form would be offset by

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14921

the benefits of serving on the Board. The Mississippi has produced two percent of appointments to be conducted in time estimated annual cost of providing the the total United States peanut crop for the Mississippi members to be information by four producers would be which is the same as Oklahoma and appointed to begin during the next term $19.80 for all four producers or $4.95 Virginia, two of the primary peanut- of office. The Board’s term of office per producer. producing states. At the Board’s would begin on January 1, 2009, and The Department has not identified December 4–5, 2007, meeting, the Board end December 31, 2011. For the same any relevant Federal rules that voted unanimously to add Mississippi reasons, a 30-day period is provided for duplicate, overlap, or conflict with this as a primary peanut-producing state. interested persons to comment on this rule. Therefore, the addition of a producer rule. We have performed this Initial member and alternate would carry out Regulatory Flexibility Analysis the recommendations of the Board. This List of Subjects in 7 CFR Part 1216 regarding the impact of this proposed action will add to the Board a member Administrative practice and amendment to the Order on small and an alternate from Mississippi which procedure, Advertising, Consumer entities, and we invite comments has become a primary peanut-producing information, Marketing agreements, concerning the effects of this state. The addition of a producer Peanut promotion, Reporting and amendment on small businesses. member and alternate member would recordkeeping requirements. allow Mississippi representation on the Background I For the reasons set forth in the Board’s decision making and also preamble, 7 CFR part 1216 is amended The Order became effective on July potentially provide an opportunity to as follows: 30, 1999, and is authorized under the increase diversity on the Board. 1996 Act. The Board is composed of 10 Furthermore, this rule would make PART 1216—PEANUT PROMOTION, producer members and their alternates: amendments to sections 1216.15 and One member and alternate from each RESEARCH, AND INFORMATION 1216.21 of the Order to add the State of ORDER primary peanut-producing state (in Mississippi as a primary peanut- descending order—Georgia, Texas, producing state. Also, this rule would I 1. The authority citation for part 1216 Alabama, Florida, North Carolina, South revise sections 1216.40(a) and continues to read as follows: Carolina, Oklahoma, Virginia, and New 1216.40(a)(1) of the Order to specify that Authority: 7 U.S.C. 7411–7425. Mexico) and one at-large member and the Board will be composed of 11 alternate collectively from the minor peanut producer members and their I 2. Section 1216.15 is revised to read peanut-producing states. The members alternates rather than 10. as follows: and alternates are nominated by Nominations and appointments to the producers or producer groups. Board are conducted pursuant to § 1216.15 Minor peanut-producing states. Under the Order, the Board sections 1216.40, 1216.41, and 1216.43 Minor peanut-producing states means administers a nationally coordinated of the Order. Appointments to the Board all peanut-producing states with the program of promotion, research, and are made by the Secretary from a slate exception of Alabama, Florida, Georgia, information designed to strengthen the of nominated candidates. Pursuant to Mississippi, New Mexico, North position of peanuts in the market place section 1216.41(a) eligible peanut Carolina, Oklahoma, South Carolina, and to develop, maintain, and expand producer organizations within the State Texas, and Virginia. the demand for peanuts in the United as certified pursuant to section 1216.70 I 3. Section 1216.21 is revised to read States. Under the program, all peanut shall nominate two qualified persons for as follows: producers pay an assessment of one each member and each alternate percent of the total value of all farmers member. The nomination meeting must § 1216.21 Primary peanut-producing stock peanuts. The assessments are be announced 30 days in advance. The states. remitted to the Board by handlers and, nominees should be elected at an open Primary peanut-producing states for peanuts under loan, by the meeting among peanut producers means Alabama, Florida, Georgia, Commodity Credit Corporation. eligible to serve on the Board. At the Mississippi, New Mexico, North Pursuant to section 1216.40 (b) of the nomination meeting, the Department Carolina, Oklahoma, South Carolina, Order, at least once in each five-year will be present to oversee and to verify Texas, and Virginia, Provided, these period, the Board shall review the eligibility and count ballots. The states maintain three-year average geographical distribution of peanuts in nominees for the producer member and production of at least 10,000 tons of the United States and make a alternate member will be submitted to peanuts. recommendation to the Secretary to the Secretary for appointment to the I 4. Section 1216.40, paragraphs (a) continue without change or whether Board. introductory text and (a)(1) are revised changes should be made in the number The Mississippi nomination process to read as follows: of representatives on the Board to reflect would begin in 2008; however, if this changes in the geographical distribution process is not in effect by the Spring of § 1216.40 Establishment and membership. of the production of peanuts. 2008, then Mississippi would not be (a) Establishment of a National The Board reviewed the most recent able to have representation on the Board Peanut Board. There is hereby NASS data and it reported that in 2005, until 2010. Accordingly, pursuant to 5 established a National Peanut Board, 2006, and 2007 Mississippi produced U.S.C. 553, it is found and determined hereinafter called the Board, composed 22,400 tons, 23,200 tons, and 29,700 upon good cause that it is impracticable, of no more than 11 peanut producers tons of peanuts respectively. Based on unnecessary, and contrary to the public and alternates, appointed by the this data, the three-year average annual interest to give preliminary notice prior Secretary from nominations as follows: peanut production for Mississippi totals to putting this rule into effect and good (1) Ten members and alternates. One 22,410 tons per year (67,232 divided by cause exists for not postponing the member and one alternate shall be 3) which exceeds the requirement set in effective date of this rule until 30 days appointed from each primary peanut- the Order of 10,000 pounds per year to after publication in the Federal Register producing state, who are producers and become a major peanut-producing state. because this rule will allow the whose nominations have been In addition, NASS data showed that upcoming nominations and submitted by certified peanut producer

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14922 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

organizations within a primary peanut- the Currency’’ from the agency drop- screening in order to inspect and producing state. down menu, then click ‘‘Submit.’’ In the photocopy comments. * * * * * ‘‘Docket ID’’ column, select ‘‘OCC– • Docket: You may also view or 2008–0005’’ to submit or view public request available background Dated: March 13, 2008. comments and to view supporting and documents and project summaries using Lloyd C. Day, related materials for this interim final the methods described above. Administrator, Agricultural Marketing rule. The ‘‘How to Use This Site’’ link FOR FURTHER INFORMATION CONTACT: Service. on the Regulations.gov home page Patrick T. Tierney, Senior Attorney, [FR Doc. E8–5652 Filed 3–19–08; 8:45 am] provides information on using Legislative and Regulatory Activities BILLING CODE 3410–02–P Regulations.gov, including instructions Division, (202) 874–5090; Stuart for submitting or viewing public Feldstein, Assistant Director, Legislative comments, viewing other supporting and Regulatory Activities Division, DEPARTMENT OF THE TREASURY and related materials, and viewing the (202) 874–5090; or Steven V. Key, docket after the close of the comment Special Counsel, Bank Activities and Office of the Comptroller of the period. Structure Division, (202) 874–5300, Currency • E-mail: Office of the Comptroller of the [email protected]. Currency, 250 E Street, SW., 12 CFR Part 32 • Mail: Office of the Comptroller of Washington, DC 20219. [Docket No. OCC–2008–0005] the Currency, 250 E Street, SW., Mail SUPPLEMENTARY INFORMATION: Stop 1–5, Washington, DC 20219. RIN 1557–AD08 • Fax: (202) 874–4448. Background Lending Limits • Hand Delivery/Courier: 250 E The percentage of capital and surplus Street, SW., Attn: Public Information that a national bank may loan to any one AGENCY: Office of the Comptroller of the Room, Mail Stop 1–5, Washington, DC borrower is limited by 12 U.S.C. 84. Currency, Treasury. 20219. Generally, section 84 and the OCC’s ACTION: Interim final rule with request Instructions: You must include implementing regulations, 12 CFR part for comment. ‘‘OCC’’ as the agency name and ‘‘Docket 32, permit a national bank to make loans Number OCC–2008–0005’’ in your in an amount up to 15 percent of its SUMMARY: The Office of the Comptroller comment. In general, OCC will enter all unimpaired capital and surplus to a of the Currency (OCC) is issuing an comments received into the docket and single borrower. A national bank also interim final rule to add a provision to publish them on the Regulations.gov may extend credit up to an additional its part 32 lending limits regulation that Web site without change, including any 10 percent of unimpaired capital and will address temporary funding business or personal information that surplus to the same borrower if the arrangements in emergency situations. you provide such as name and address amount of the loan that exceeds the 15 The interim final rule will enable the information, e-mail addresses, or phone percent limit is secured by specified OCC to establish a special lending limit numbers. Comments received, including types of collateral. Part 32 refers to these for loans and extensions of credit that attachments and other supporting lending limits as the ‘‘combined general the OCC determines are essential to materials, are part of the public record limit.’’ The statute and regulation also address an emergency situation (such as and subject to public disclosure. Do not provide exceptions to the combined critical financial markets stability), will enclose any information in your general limit for various types of loans be of short duration, will be reduced in comment or supporting materials that and extensions of credit. amount in a timeframe and manner you consider confidential or 12 CFR 32.3(c)(7) of the OCC’s current acceptable to the OCC, and do not inappropriate for public disclosure. regulations include an exemption from present unacceptable risk to the lending You may review comments and other the combined general limit for loans and national bank. In granting approval for related materials that pertain to this extensions of credit approved by the a special temporary lending limit, the interim final rule by any of the OCC to a ‘‘financial institution’’ when OCC would impose supervisory following methods: an emergency situation exists. For oversight and reporting measures that it • Viewing Comments Electronically: purposes of this exception, a ‘‘financial determines are appropriate. Go to http://www.regulations.gov, under institution’’ is defined as a commercial DATES: Effective Date: This rule is the ‘‘More Search Options’’ tab click bank, savings bank, trust company, effective on March 20, 2008. Comment next to the ‘‘Advanced Document savings association, or credit union. Date: Comments must be received by Search’’ option where indicated, select Recent market conditions have April 21, 2008. ‘‘Comptroller of the Currency’’ from the highlighted that emergency situations ADDRESSES: Because paper mail in the agency drop-down menu, then click may exist where temporary exemptions Washington, DC area and at the OCC is ‘‘Submit.’’ In the ‘‘Docket ID’’ column, from the lending limits may be subject to delay, commenters are select ‘‘OCC–2008–0005’’ to view public appropriate for loans and extensions of encouraged to submit comments by comments for this rulemaking action. credit to other types of parties. National e-mail, if possible. Please use the title • Viewing Comments Personally: You banks, in their established role as ‘‘Lending Limits’’ to facilitate the may personally inspect and photocopy lenders and financial intermediaries, organization and distribution of the comments at the OCC’s Public can be a crucial source of liquidity in comments. You may submit comments Information Room, 250 E Street, SW., such situations, provided the emergency by any of the following methods: Washington, DC. For security reasons, funding is of limited duration, does not • Federal eRulemaking Portal— the OCC requires that visitors make an present unacceptable risk, and is subject ‘‘Regulations.gov’’: Go to http:// appointment to inspect comments. You to appropriate safeguards. 12 U.S.C. www.regulations.gov, under the ‘‘More may do so by calling (202) 874–5043. 84(d)(1) provides the OCC with Search Options’’ tab click next to the Upon arrival, visitors will be required to rulemaking authority ‘‘to administer and ‘‘Advanced Docket Search’’ option present valid government-issued photo carry out the purposes’’ of the lending where indicated, select ‘‘Comptroller of identification and submit to security limit statute, including authority ‘‘to

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14923

establish limits other than those rule if an agency, for good cause, finds (1) Whether we have organized the specified in this section for particular that ‘‘notice and public procedure material to suit your needs; classes or categories of loans or thereon are impracticable, unnecessary, (2) Whether the requirements of the extensions of credit.’’ 1 Accordingly, the or contrary to the public interest.’’ 3 rule are clear; or OCC is amending part 32 to add a Similarly, a final rule may be published (3) Whether there is something else provision that creates a special lending with an immediate effective date if an we could do to make the rule easier to limit for temporary funding agency finds good cause and publishes understand. arrangements for loans and extensions such with the rule. 5 U.S.C. 553(d)(3). of credit that the OCC determines are Consistent with section 553(b)(B) of Regulatory Flexibility Act Analysis essential to address emergency the APA, the OCC finds that good cause The Regulatory Flexibility Act (Pub. situations, which would include critical exists for a finding that notice and L. 96–354, Sept. 19, 1980) (RFA) applies financial markets stability, subject to comment is impracticable and contrary only to rule making actions for which an certain conditions, described below. to the public interest. As previously agency publishes a general notice of This additional lending limit category described, temporary funding proposed rulemaking pursuant to 5 is based upon, but more limited than, arrangements in emergency situations U.S.C. 553(b).4 Because the OCC has the OCC’s existing authority under are critical to maintain the orderly determined for good cause that the § 32.3(c)(7) to approve and exempt from functioning of markets and provide Administrative Procedure Act does not the general lending limit loans or market liquidity. Completion of notice require public notice and comment on extensions of credit by a national bank and comment rulemaking procedures this interim final rule, we are not to a ‘‘financial institution’’ when an prior to issuing this interim final rule publishing a general notice of proposed emergency situation exists. would require delaying implementation rulemaking. Thus, the RFA does not Description of the Interim Final Rule of the final rule. In the current market apply to this interim final rule. environment, such a delay is The interim final rule adds a new impracticable and inconsistent with the Executive Order 12866 § 32.8 that permits an eligible bank,2 public interest since it may result in with the written approval of the OCC, to The OCC has determined that this undue constraint on the national banks’ make loans and extensions of credit to interim final rule is not a significant ability to perform critical lending and one borrower subject to a special regulatory action under Executive Order financial intermediary roles which are temporary lending limit established by 12866. critical to the orderly functioning and the OCC, where the OCC determines liquidity of markets. Issuance of this Unfunded Mandates Reform Act of that such loans and extensions of credit interim final rule furthers the public 1995 Determinations are essential to address an emergency interest because it will provide the OCC situation (such as critical financial Section 202 of the Unfunded with an additional tool that will help 5 markets stability), will be of short Mandates Reform Act of 1995 ensure the safety and soundness of duration, will be reduced in amount in (Unfunded Mandates Act) requires that national banks and liquidity to the a timeframe and manner acceptable to an agency prepare a budgetary impact credit markets. For the same reasons, the OCC, and do not present statement before promulgating any rule the OCC finds good cause to publish unacceptable risk. In granting approval likely to result in a Federal mandate that this rule with an immediate effective for such a special temporary lending may result in the expenditure by state, date. See 5 U.S.C. 553(d)(3). limit, the OCC will impose supervisory local, and tribal governments, in the oversight and reporting measures that it Although notice and comment are not aggregate, or by the private sector, of determines are appropriate to monitor required prior to the effective date of $100 million or more in any one year. compliance with the standards this rule, the OCC invites comments on If a budgetary impact statement is contained in new § 32.8. The § 32.8 all aspects of this interim final rule and required, section 205 of the Unfunded special temporary lending limit is in intends to revise the interim final rule Mandates Act also requires the agency addition to the amount a national bank if necessary or appropriate in light of to identify and consider a reasonable may lend to one borrower under § 32.3, the comments received. number of regulatory alternatives before i.e., the combined general lending limit Solicitation of Comments on Use of promulgating the rule. The OCC has and applicable exceptions. Plain Language determined that this interim final rule will not result in a Federal mandate that Effective Date; Solicitation of Comments The OCC also requests comment on would result in expenditures by state, This interim final rule will become whether the interim final rule is written local, and tribal governments, in the effective immediately upon publication clearly and is easy to understand. On aggregate, or by the private sector, of in the Federal Register. Pursuant to the June 1, 1998, the President issued a $100 million or more in any one year. Administrative Procedure Act (APA), at memorandum directing each agency in Accordingly, the OCC has not prepared 5 U.S.C. 553(b)(B), notice and an the Executive branch to write its rules a budgetary impact statement or opportunity for public comment are not in plain language. This directive applies specifically addressed the regulatory required prior to the issuance of a final to all new proposed and interim alternatives considered. rulemaking documents issued on or Paperwork Reduction Act 1 This authority is in addition to OCC’s general after January 1, 1999. In addition, Public rulemaking authority found at 12 U.S.C. 93a, upon Law 106–102 requires each Federal In accordance with the Paperwork which the OCC also relies for purposes of issuing agency to use plain language in all Reduction Act of 1995 (44 U.S.C. 3506; the 12 CFR part 32 lending limits regulations. proposed and interim final rules 2 For purposes of part 32, ‘‘eligible bank’’ means 5 CFR part 1320 Appendix A.1), we a national bank that (1) is ‘‘well capitalized’’ as published after January 1, 2000. The have reviewed the interim final rule to defined in 12 CFR 6.4(b)(1); and (2) has a composite OCC invites comments on how to make assess any information collections. rating of 1 or 2 under the Uniform Financial this rule clearer. For example, you may There are no collections of information Institutions Rating System in connection with the wish to discuss: bank’s most recent examination or subsequent review, with at least a rating of 2 for asset quality 4 5 U.S.C. 601(2). and for management. See 12 CFR 32.2(i). 3 5 U.S.C. 553(b)(B). 5 2 U.S.C. 1532.

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14924 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

as defined by the Paperwork Reduction Additional Class E airspace is necessary FR 11034; February 26, 1979); and (3) Act in the interim final rule. to accommodate aircraft using a new does not warrant preparation of a Area Navigation (RNAV) Global regulatory evaluation as the anticipated Lists of Subjects in 12 CFR Part 32 Positioning System (GPS) Standard impact is so minimal. Since this is a Lending limits. Instrument Approach Procedure (SIAP) routine matter that will only affect air Authority and Issuance at Walden-Jackson County Airport. This traffic procedures and air navigation, it will improve the safety of Instrument is certified that this rule, when I For the reasons set forth in the Flight Rules (IFR) aircraft executing the promulgated, will not have a significant preamble, part 32 of chapter I of title 12 new RNAV GPS SIAP at Walden- economic impact on a substantial of the Code of Federal Regulations is Jackson County Airport, Walden, CO. number of small entities under the amended as follows: DATES: Effective Date: 0901 UTC, June 5, criteria of the Regulatory Flexibility Act. 2008. The Director of the Federal The FAA’s authority to issue rules PART 32—LENDING LIMITS Register approves this incorporation by regarding aviation safety is found in title I 1. The authority citation for part 32 reference action under 1 CFR part 51, 49 of the U.S. Code. Subtitle 1, Section continues to read as follows: subject to the annual revision of FAA 106 discusses the authority of the FAA Order 7400.9 and publication of Administrator. Subtitle VII, Aviation Authority: 12 U.S.C. 1 et seq., 84, and 93a. conforming amendments. Programs, describes in more detail the I 2. Add § 32.8 to read as follows: FOR FURTHER INFORMATION CONTACT: scope of the agency’s authority. This Eldon Taylor, Federal Aviation rulemaking is promulgated under the § 32.8 Temporary funding arrangements in authority described in Subtitle VII, Part emergency situations. Administration, System Support Group, Western Service Area, 1601 Lind A, Subpart I, Section 40103. Under that In addition to the amount that a Avenue, SW., Renton, WA 98057; section the FAA is charged with national bank may lend to one borrower telephone (425) 203–4537. prescribing regulations to assign the use under § 32.3 of this part, an eligible of airspace necessary to ensure the SUPPLEMENTARY INFORMATION: bank with the written approval of the safety of aircraft and the efficient use of OCC may make loans and extensions of History airspace. This regulation is within the credit to one borrower subject to a On January 18, 2008, the FAA scope of that authority as it establishes special temporary lending limit published in the Federal Register a controlled airspace at Walden-Jackson established by the OCC, where the OCC notice of proposed rulemaking to County Airport, Walden, CO. determines that such loans and establish Class E airspace at Walden, CO List of Subjects in 14 CFR Part 17 extensions of credit are essential to (73 FR 3431). This action would Airspace, Incorporation by reference, address an emergency situation, such as improve the safety of IFR aircraft Navigation (air). critical financial markets stability, will executing this new RNAV GPS SIAP be of short duration, will be reduced in approach procedure at Walden-Jackson Adoption of the Amendment amount in a timeframe and manner County Airport, Walden, CO. Interested I acceptable to the OCC, and do not parties were invited to participate in In consideration of the foregoing, the present unacceptable risk. In granting this rulemaking effort by submitting Federal Aviation Administration approval for such a special temporary written comments on the proposal to the amends 14 CFR part 71 as follows: lending limit, the OCC will impose FAA. No comments were received. supervisory oversight and reporting PART 71—DESIGNATION OF CLASS A, Class E airspace designations are B, C, D, AND E AIRSPACE AREAS; AIR measures that it determines are published in paragraph 6005 of FAA appropriate to monitor compliance with TRAFFIC SERVICE ROUTES; AND Order 7400.9R signed August 15, 2007, REPORTING POINTS the foregoing standards as set forth in and effective September 15, 2007, which this paragraph. is incorporated by reference in 14 CFR I 1. The authority citation for 14 CFR Dated: March 17, 2008. part 71.1. The Class E airspace part 71 continues to read as follows: John C. Dugan, designations listed in this document Authority: 49 U.S.C. 106(g), 40103, 40113, Comptroller of the Currency. will be published subsequently in that 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– [FR Doc. E8–5724 Filed 3–19–08; 8:45 am] Order. 1963 Comp., p. 389. BILLING CODE 4810–33–P The Rule § 71.1 [Amended] This action amends Title 14 Code of I 2. The incorporation by reference in Federal Regulations (14 CFR) part 71 by DEPARTMENT OF TRANSPORTATION 14 CFR 71.1 of the Federal Aviation establishing Class E airspace at Walden, Administration Order 7400.9R, Airspace Federal Aviation Administration CO. Additional controlled airspace is Designations and Reporting Points, necessary to accommodate IFR aircraft signed August 15, 2007, and effective 14 CFR Part 71 executing a new RNAV (GPS) approach September 15, 2007 is amended as procedure at Walden-Jackson County follows: [Docket No. FAA–2007–0205; Airspace Airport, Walden, CO. Docket No. 07–ANM–17] The FAA has determined that this Paragraph 6005 Class E airspace areas extending upward from 700 feet or more regulation only involves an established Establishment of Class E Airspace; above the surface of the earth. Walden, CO body of technical regulations for which frequent and routine amendments are * * * * * AGENCY: Federal Aviation necessary to keep them operationally ANM CO, E5 Walden, CO [New] Administration (FAA), DOT. current. Therefore, this regulation: (1) Is Walden-Jackson County Airport, CO ACTION: Final rule. not a ‘‘significant regulatory action’’ (Lat. 40°45′01″ N., long. 106°16′17″ W.) under Executive Order 12866; (2) is not That airspace extending upward from 700 SUMMARY: This action will establish a ‘‘significant rule’’ under DOT feet above the surface within a 5-mile radius Class E airspace at Walden, CO. Regulatory Policies and Procedures (44 of Walden-Jackson County Airport, and

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14925

within 4 miles each side of the 342° bearing Withdrawal of Direct Final Rule FAA feels a correction to this from the airport extending from the 5-mile rulemaking would be confusing. radius to V–524 northwest of the airport. Accordingly, pursuant to the authority delegated to me, the Federal Therefore, the FAA is withdrawing the * * * * * Aviation Administration withdraws the direct final rule and will replace it with Issued in Seattle, Washington, on March 7, direct final rule published in the an amendment to the existing Class E 2008. Federal Register February 11, 2008 (73 airspace for Indianapolis, IN. Kevin Nolan, FR 7668). Issued in Fort Worth, TX, on March 7, Acting Manager, System Support Group, * * * * * 2008. Western Service Center. Donald R. Smith, Issued in Fort Worth, TX, on March 5, [FR Doc. 08–1028 Filed 3–19–08; 8:45 am] Manager, System Support Group, ATO 2008. Central Service Center. BILLING CODE 4910–13–M Donald R. Smith, [FR Doc. E8–5367 Filed 3–19–08; 8:45 am] Manager, System Support Group, ATO BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Central Service Center. [FR Doc. E8–5165 Filed 3–19–08; 8:45 am] Federal Aviation Administration BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION

14 CFR Part 71 Federal Aviation Administration DEPARTMENT OF TRANSPORTATION 14 CFR Part 71 [Docket No. FAA–2008–0024; Airspace Federal Aviation Administration Docket No. 08–AGL–4] [Docket No. FAA–2008–0003; Airspace Docket No. 08–ASW–1] Amendment of Class E Airspace; Black 14 CFR Part 71 River Falls, WI [Docket No. FAA–2008–0126; Airspace Establishment of Class E Airspace; Docket No. 08–AGL–2] Lexington, OK AGENCY: Federal Aviation Administration (FAA), DOT. Amendment of Class E Airspace; AGENCY: Federal Aviation ACTION: Direct final rule; withdrawal. Indianapolis, IN Administration (FAA), DOT. ACTION: Direct final rule; withdrawal. SUMMARY: A direct final rule, published AGENCY: Federal Aviation in the Federal Register February 11, Administration (FAA), DOT. SUMMARY: A direct final rule, published 2008, (73 FR 7668), FAA Docket No. ACTION: Direct final rule; withdrawal. in the Federal Register February 11, FAA–2008–0024, establishing Class E 2008 (73 FR 7667) FAA Docket No. SUMMARY: A direct final rule, published airspace at Black River Falls Area 2008–0003, is being withdrawn. This in the Federal Register February 4, Airport, is being withdrawn. The FAA copy of the rule was inadvertently sent 2008, (73 FR 6424), Docket No. FAA– has found that Class E airspace already to the Federal Register. The direct final 2008–026, establishing Class E airspace exists for the area, and therefore, rule establishing Class E airspace at at Hendricks County-Gordon Graham substantial corrections would need to be Muldrow Army Heliport, Lexington, Field Airport, Indianapolis, IN, is being made. In the interest of clarity, this rule OK, published February 15, 2008, (73 withdrawn. FR 8795) is the correct rule. is being withdrawn, and a new The FAA has found that Class E rulemaking amending the existing DATES: Effective Date: 0901 UTC March airspace already exists for the 20, 2008. airspace will be forthcoming. Indianapolis, IN, area, and therefore, FOR FURTHER INFORMATION CONTACT: Joe DATES: Effective Date: 0901 UTC March substantial corrections would need to be Yadouga, Central Service Center, 20, 2008. made. In the interest of clarity, this rule System Support Group, Federal FOR FURTHER INFORMATION CONTACT: is being withdrawn, and a new Joe Aviation Administration, Southwest rulemaking amending the existing Yadouga, Central Service Center, Region, Fort Worth, Texas 76193–0530; airspace will be forthcoming. System Support Group, Federal telephone number (817) 222–5597. Aviation Administration, Southwest DATES: Effective Date: 0901 UTC March SUPPLEMENTARY INFORMATION: Region, Fort Worth, Texas 76193–0530; 20, 2008. telephone number (817) 222–5597. FOR FURTHER INFORMATION CONTACT: Joe History SUPPLEMENTARY INFORMATION: Yadouga, Central Service Center, On Monday, February 11, 2008, a System Support Group, Federal History direct final rule establishing Class E Aviation Administration, Southwest Airspace at Muldrow Army Heliport, On Monday, February 11, 2008, a Region, Fort Worth, TX 76193–0530; Lexington, OK, was inadvertently direct final rule was published in the telephone (817) 222–5597; Airspace published in the Federal Register (73 Federal Register (73 FR 7668), Docket Docket No. 08–AGL–02. FR 7667) FAA Docket No. 2008–0003. No. FAA–2008–0024, establishing Class SUPPLEMENTARY INFORMATION: On Friday, February 15, 2008, another E airspace at 08–AGL–04 2 Black River direct final rule for the same airspace, History Falls Area Airport, Black River Falls, with minor changes to the geographic WI. Subsequent to publication, the FAA On Monday, February 4, 2008, a location, also was published in the found that Class E airspace already direct final rule was published in the Federal Register (73 FR 8795). The FAA exists for this area. The FAA feels a Federal Register (73 FR 6424), Docket is withdrawing the first direct final rule, correction to this rulemaking would be No. FAA–2008–0024, establishing Class published in the Federal Register confusing. Therefore, the FAA is E airspace at Hendricks County-Gordon February 11, 2008 (73 FR 7667). withdrawing this direct final rule and Graham Field Airport, Indianapolis, IN. will replace it with an amendment to Subsequent to publication, the FAA Withdrawal of Direct Final Rule the existing Class E airspace for Black found that Class E airspace already Accordingly, pursuant to the River Falls, WI. exists for the Indianapolis area. The authority delegated to me, the Federal

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14926 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

Aviation Administration withdraws the information. Therefore, a freedom of DEPARTMENT OF STATE direct final rule published in the information summary is not required. 22 CFR Parts 41 and 42 Federal Register February 11, 2008 (73 The agency has determined under 21 FR 7667). CFR 25.33(a)(1) that this action is of a [Public Notice: 6135] * * * * * type that does not individually or Issued in Fort Worth, TX, on March 5, cumulatively have a significant effect on Visas: Documentation of Immigrants 2008. the human environment. Therefore, and Nonimmigrants —Visa Donald R. Smith, neither an environmental assessment Classification Symbols Manager, System Support Group, ATO nor an environmental impact statement AGENCY: State Department. Central Service Center. is required. ACTION: Final rule. [FR Doc. E8–5164 Filed 3–19–08; 8:45 am] This rule does not meet the definition BILLING CODE 4910–13–M of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because SUMMARY: The Department is amending it is a rule of ‘‘particular applicability.’’ its regulations to add new classification Therefore, it is not subject to the symbols to the immigrant and DEPARTMENT OF HEALTH AND congressional review requirements in 5 nonimmigrant classification tables. The HUMAN SERVICES U.S.C. 801–808. amendment is necessary to implement legislation that has created additional Food and Drug Administration List of Subjects in 21 CFR Part 522 immigrant and nonimmigrant classifications as described herein. Animal drugs. 21 CFR Part 522 Additionally, the Department is I Therefore, under the Federal Food, removing immigrant classifications that Implantation or Injectable Dosage Drug, and Cosmetic Act and under have become obsolete as a result of Form New Animal Drugs; authority delegated to the Commissioner either their deletion from the Oxytetracycline Solution of Food and Drugs and redelegated to Immigration and Nationality Act ‘‘INA’’ or the expiration of legislative AGENCY: Food and Drug Administration, the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: provisions that had temporarily HHS. authorized them. This rule also corrects ACTION: Final rule. PART 522—IMPLANTATION OR typographical errors noted in the tables. DATES: SUMMARY: The Food and Drug INJECTABLE DOSAGE FORM NEW This rule is effective March 20, Administration (FDA) is amending the ANIMAL DRUGS 2008. animal drug regulations to reflect FOR FURTHER INFORMATION CONTACT: approval of a supplemental new animal I 1. The authority citation for 21 CFR Barbara J. Kennedy, Legislation and drug application (NADA) filed by part 522 continues to read as follows: Regulations Division, Visa Services, U.S. Department of State, Washington, Norbrook Laboratories, Ltd. The Authority: 21 U.S.C. 360b. supplemental NADA provides for DC 20520–0106, phone (202) 663–1206. changing scientific nomenclature for a I 2. In § 522.1660, revise the section SUPPLEMENTARY INFORMATION: bovine pathogen on labeling for 300 heading to read as follows: Which immigrant classifications are milligrams per milliliter (mg/mL) § 522.1660 Oxytetracycline injectable being added? strength oxytetracycline injectable dosage forms. solution. The new immigrant classification symbols listed are for children residing DATES: This rule is effective March 20, I 3. In § 522.1660a, revise the section habitually in Hague Adoption 2008. heading to read as follows: Convention countries who have been or FOR FURTHER INFORMATION CONTACT: Joan § 522.1660a Oxytetracycline solution, 200 will be adopted by U.S. citizens who are C. Gotthardt, Center for Veterinary milligrams/milliliter. habitually residents in the United States Medicine (HFV–130), Food and Drug (IH3, IH4), and for two additional Administration, 7500 Standish Pl., § 522.1660b [Amended] classes of special immigrants: certain Rockville, MD 20855, 240–276–8342, I nationals of Afghanistan and Iraq e-mail: [email protected]. 4. In § 522.1660b, in the section heading, remove ‘‘injection, 300 employed by the U.S. Government in SUPPLEMENTARY INFORMATION: Norbrook milligram/milliliter’’ and in its place Afghanistan or Iraq as translators or Laboratories, Ltd., Station Works, interpreters (SI1, SI2, SI3), and certain add ‘‘solution, 300 milligrams/ Newry, BT35 6JP, Northern Ireland, Iraqis employed by or on behalf of the milliliter’’; in paragraph (e)(1)(i)(A), filed a supplement to NADA 141–143 U.S. Government in Iraq (SQ1, SQ2, remove ‘‘Haemophilus spp.’’ and in its for TETRADURE 300 (oxytetracycline) SQ3). Injection used for the treatment of place add ‘‘Histophilus spp.’’; and in the various bacterial diseases of cattle and fourth sentence in paragraph (e)(1)(ii), Which nonimmigrant classifications are swine. The supplemental NADA remove ‘‘in cattle’’. being added? provides for changing a bovine pathogen Dated: March 6, 2008. Added to the nonimmigrant genus from Haemophilus to Histophilus Bernadette Dunham, classification tables are symbols for on product labeling. The supplemental certain nationals of Australia in a Director, Center for Veterinary Medicine. NADA is approved as of February 8, specialty occupation (E3), spouses and 2008, and the regulations are amended [FR Doc. E8–5598 Filed 3–19–08; 8:45 am] children accompanying or following to in 21 CFR 522.1660b to reflect the BILLING CODE 4160–01–S join E3 principal aliens (E3D), E3 approval. principal aliens who are applying for a Approval of this supplemental NADA new visa when there has been did not require review of additional uninterrupted continuity of safety or effectiveness data or employment (E3R); treaty aliens from

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14927

Singapore and Chile in a specialty United States deposited its instrument from the person currently occupying occupation (H1B1); unmarried siblings of ratification for the Convention. In that position or a more senior person; under age 18 of an alien under 21 years accordance with the terms of the and have experienced or be of age who has qualified for T1 Convention, it will enter into force with experiencing an ongoing serious threat classification as a victim of a ‘‘severe respect to the United States on April 1, as a consequence of the alien’s form of trafficking in persons’’ (T5); and 2008. employment by the United States unmarried siblings under age 18 of an Government. No petition may be What is the background for the new alien under 21 years of age who has approved for such an alien unless the immigrant visa classifications (SI1, SI2, qualified for U1 classification as a supervisor’s positive recommendation SI3) for aliens employed by the U.S. victim of certain types of criminal or evaluation is accompanied by Government in Iraq or Afghanistan as activity helpful in the investigation or approval from the Chief of Mission or translators or interpreters, spouse of prosecution of such activity (U5). the designee of the Chief of Mission, SI1, and child of SI1? who shall conduct a risk assessment of Which immigrant classifications are Section 1059 of the National Defense the alien and an independent review of being removed? Authorization Act for Fiscal Year 2006, records maintained by the United States The Department of State is removing Public Law 109–163, as amended by Government or the hiring organization the immigrant classification symbol for section 3812 of Public Law 110–28, or entity to confirm employment and one class of special immigrant: certain created the new special immigrant faithful and valuable service to the aliens employed at the United States classification for certain self-petitioning United States Government. Further, the Mission in Hong Kong (SEH) or translators or interpreters of Iraqi or alien must be otherwise eligible to members of their immediate families. Afghani nationality who have worked receive an immigrant visa; be otherwise The authority for special immigrant directly with United States Armed admissible to the United States for status for that class applied only to Forces or under Chief of Mission permanent residence (excluding the aliens who had filed applications for authority for a period of at least 12 grounds for inadmissibility specified in such status by January 1, 2002. Also months. The alien must have obtained section 212(a)(4) of the INA) and have being removed are two of the five a favorable written recommendation cleared a background check and symbols for special immigrants who from the Chief of Mission or a general appropriate screening, as determined by were recruited outside the United States or flag officer in the chain of command the Secretary of Homeland Security. into the U.S. armed forces and have of the United States Armed Forces unit This class is subject to numerical served or are enlisted in the U.S. armed that was supported by the alien and, limitations; however, aliens in this class forces for 12 years and their spouses and before filing the petition, cleared a who are granted special immigrant children. The deleted symbols pertain to background check and screening, as status shall not be counted against any those service members (SM4) and determined by the Chief of Mission or numerical limitation under INA sections spouses and children (SM5) who such a general or flag officer. This class 201(d), 202(a), or 203(b)(4). If became eligible as of the date of is subject to numerical limitations; accompanying or following to join a enactment (October 1, 1991). Also being however, aliens in this class who are principal alien, the spouse or child is deleted is the reference to the date of granted special immigrant status shall entitled to derivative special immigrant enactment from the class description for not be counted against any numerical status. If the principal alien dies after the SM1 classification symbol because limitation under INA sections 201(d), special immigrant status has been the INA provision that was the reason 202(a), or 203(b)(4). If accompanying or granted, the surviving spouse or child is for the additional symbols and the following to join a principal alien, the entitled to such status. significance of that date was deleted spouse or child is entitled to derivative from the INA. As amended, the special immigrant status. If the principal What is the background for the new regulation will provide three SM alien dies after special immigrant status nonimmigrant classifications (E3, E3D, classification symbols that encompass has been granted, the surviving spouse E3R) for Australian treaty aliens such service members, spouses, and or child is entitled to such status. coming to the United States solely to children without reference to the date perform services in a specialty What is the background for the new they became eligible. occupation, spouse or child of an E3, immigrant visa classifications (SQ1, and returning E3? What is the background for the new SQ2, SQ3) for certain Iraqis employed Section 501 of Division B, Title V, of immigrant visa classifications (IH3 and by or on behalf of the U.S. Government, the Emergency Supplemental IH4) for a child from a Hague spouse of SQ1, and child of SQ1? Appropriations Act for Defense, the Convention country? Section 1244 of the National Defense Global War on Terror, and Tsunami Section 302 of the Intercountry Authorization Act for Fiscal Year 2008, Relief, Public Law 109–13, amended Adoption Act of 2000, Public Law 106– Public Law 110–181, created the new INA 101(a)(15)(E) to add the new 279, amended the INA by adding a new special immigrant classification under nonimmigrant visa classification for section 101(b)(1)(G), effective upon the section 101(a)(27) of the INA for certain certain treaty aliens who are nationals of entry into force for the United States of qualified self-petitioning Iraqi citizens Australia coming to the United States the Convention on Protection of or nationals. The alien must have been solely to perform services in a specialty Children and Co-operation in Respect of employed by or on behalf of the United occupation as defined in section Intercountry Adoption done at the States Government in Iraq on or after 214(i)(1) of the INA, provided the Hague on May 29, 1993, to accord a March 20, 2003, for not less than one Secretary of Labor determines and classification of immediate relative year; have provided faithful and certifies to the Secretary of Homeland under section 201(b) to a child who has valuable service to the United States Security that the intending employer been adopted in a foreign state, or a Government, which is documented in a has filed an attestation under section child who is emigrating from a foreign positive recommendation or evaluation 212(t)(1) of the INA. Annual numerical state to be adopted in the United States, from the employee’s senior supervisor limitations apply unless the alien is when the foreign state is a party to the or, if the employee’s senior supervisor obtaining a new E3 visa after having Convention. On December 12, 2007, the has left the employer or has left Iraq, already been in E3 status in the United

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14928 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

States and establishes that there has What is the background for the new between those aliens who, as of the date been uninterrupted continuity of nonimmigrant classification (U5) for an of enactment, October 1, 1991, met the employment for the same United States- unmarried sibling under age 18 of a U1 requirements in section 101(a)(27)(K) for based employer who submitted the under 21 years of age? special immigrant status, based on original labor condition application and Section 801(b)(2) of the Violence recruitment into the U.S. armed forces offer of employment. Section Against Women and Department of outside the United States and at least 12 101(a)(15)(E) provides that the spouse or Justice Reauthorization Act of 2005, years of service, and those who met the child who is accompanying or following Public Law 109–162, amended section requirements subsequent to that date. to join a principal alien who qualifies 101(a)(15)(U) of the INA, which The difference was that immigrants who for classification under that section is provides for nonimmigrant met the requirements after October 1, also entitled to such classification. classification of an alien who is 1991 were subject to annual numerical limitations, while those who already What is the background for the new determined by the Secretary of met the requirements as of October 1, nonimmigrant classification (H1B1) for Homeland Security to have suffered 1991 were not. The Department a Chilean or Singaporean national to physical or mental abuse as a result of assigned classification symbols SM1, work in a specialty occupation? having been a victim of certain criminal activity described in that section, SM2, and SM3, respectively, to those Sections 402(a)(1) of Public Law 108– provided he or she also meets additional principal aliens who met the 77, the United States-Chile Free Trade requirements, and for certain family requirements of section 101(a)(27)(K) Agreement Implementation Act, as members, if accompanying or following after October 1, 1991, their spouses and amended, and Public Law 108–78, the to join the principal alien. As amended, their children. The SM4 and SM5 United States-Singapore Free Trade clause (ii) includes a provision for classification symbols were assigned, Agreement Implementation Act, derivative nonimmigrant classification respectively, to those principal aliens amended Sections 101(a)(15)(H)(i)(b1) of an unmarried sibling under age 18 as who met those requirements as of and 214(g)(8)(A) of the INA, to provide of the date the principal alien applies October 1, 1991 and their spouses and for nonimmigrant classification for an for status, if accompanying or following children. Section 212(b) of the alien who is entitled to enter the United to join a principal alien under 21 years Immigration and Nationality Technical States under and in pursuance of the of age. This rule is adding the U5 Corrections Act of 1994, Public Law provisions of either of those two free classification to the classification table, 103–416, amended section 203(b)(6) of trade agreements, subject to annual which already lists the victim (U1), and the INA by deleting subparagraph (C). numerical limitations established by the the spouse (U2) and child (U3) of a U1 As a result, there is no longer a Secretary of Homeland Security. Both principal alien, as well as the parent of numerical limitation under section agreements entered into force on a U1 principal under the age of 21 (U4), 203(b) for any aliens who qualify for January 1, 2004. if accompanying or following to join the special immigrant status under section principal alien. 101(a)(27)(K). The Department is What is the background for the new therefore removing the SM4 and SM5 nonimmigrant classification (T5) for an Why is the Department removing classification symbols from the table, unmarried sibling under age 18 of a T1 symbols for special immigrant status and deleting from the class description under 21 years of age? for certain aliens employed at the for SM1 the reference to becoming Section 801(b)(2) of the Violence United States Mission in Hong Kong eligible after the date of enactment. (SEH), and for certain aliens recruited Against Women and Department of Regulatory Findings Justice Reauthorization Act of 2005, outside the United States who have Public Law 109–162, amended section served or are enlisted in the U.S. armed Administrative Procedure Act 101(a)(15)(T) of the INA, which forces for 12 years (eligible as of This regulation involves a foreign provides for nonimmigrant October 1, 1991) (SM4), and the spouse affairs function of the United States and, classification of an alien who is or child (SM5)? therefore, is not subject to the determined by the Secretary of Section 152 of Public Law 101–649 procedures required by 5 U.S.C. 553 and Homeland Security to be a victim of a established a class of immigrants with 554. It is exempt from review under ‘‘severe form of trafficking in persons,’’ special immigrant status for certain Executive Order 12866 but has been provided he or she also meets additional aliens employed at the United States reviewed internally by the Department requirements of that section, and for Mission in Hong Kong or their to ensure consistency with the purposes certain family members, if immediate families. The immigrant thereof. This rule does not require accompanying or following to join the classification table has listed this class analysis under the Regulatory principal alien. As amended, clause (ii) with the symbol SEH. Subsection (c) of Flexibility Act or the Unfunded includes a provision for derivative section 152 of Public Law 101–649 Mandates Reform Act. It has been found nonimmigrant classification of an stated that special immigrant status not to be a major rule within the unmarried sibling under 18 years of age applied only to aliens who filed meaning of the Small Business on the date the principal alien applies applications for such status under Regulatory Enforcement Fairness Act of for status, if accompanying or following section 152 by not later than January 1, 1996. It will not have substantial direct to join a principal alien under 21 years 2002. Because the authority for special effects on the States, the relationship of age. This rule is adding the T5 immigrant status for this classification between the national Government and classification for such a sibling to the no longer exists, the Department is the States, or on the distribution of classification table, which already lists removing the SEH classification symbol. power and responsibilities among the the victim (T1), and the spouse (T2) and Section 2(b) of the Armed Forces various levels of government. Therefore, child (T3) of a T1 principal alien, as Immigration Adjustment Act of 1991, it is determined that this rule does not well as the parent of a T1 principal Public Law 102–110, amended section have sufficient federalism implications under the age of 21 (T4), if 203(b)(6) of the INA. As amended, to warrant application of consultation accompanying or following to join the section 203(b)(6) included a provisions of Executive Orders 12372 principal alien. subparagraph (C), which distinguished and 13132. This rule does not impose

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14929

any new reporting or recordkeeping congressional review of agency have federalism implications warranting requirements subject to the Paperwork rulemaking under the Small Business the application of Executive Orders No. Reduction Act, 44 U.S.C. Chapter 35. Regulatory Enforcement Fairness Act of 12372 and No. 13132. 1996, Public Law 104–121. This rule Regulatory Flexibility Act/Executive Executive Order 12988: Civil Justice will not result in an annual effect on the Order 13273: Small Business Reform economy of $100 million or more; a Because this final rule is exempt from major increase in costs or prices; or The Department has reviewed the notice and comment rulemaking under significant adverse effects on regulations in light of sections 3(a) and 5 U.S.C. 553, it is exempt from the competition, employment, investment, 3(b)(2) of Executive Order No. 12988 to regulatory flexibility analysis productivity, innovation, or on the eliminate ambiguity, minimize requirements set forth at sections 603 ability of United States-based litigation, establish clear legal and 604 of the Regulatory Flexibility companies to compete with foreign- standards, and reduce burden. Act (5 U.S.C. 603 and 604). Nonetheless, based companies in domestic and Paperwork Reduction Act consistent with section 605(b) of the import markets. Regulatory Flexibility Act (5 U.S.C. This rule does not impose information 605(b)), the Department certifies that Executive Order 12866 collection requirements under the this rule will not have a significant The Department of State has reviewed provisions of the Paperwork Reduction economic impact on a substantial this rule to ensure its consistency with Act, 44 U.S.C. Chapter 35. number of small entities. This regulates the regulatory philosophy and List of Subjects in 22 CFR Parts 41 and individual aliens who seek principles set forth in Executive Order 42 consideration for immigrant and 12866 and has determined that the nonimmigrant visas and does not affect benefits of the regulation justify its Aliens, Foreign Officials, any small entities, as defined in 5 U.S.C. costs. The Department does not consider Immigration, Nonimmigrants, Passports 601(6). the rule to be an economically and Visas, Students. significant action within the scope of I For the reasons stated in the preamble, The Unfunded Mandates Reform Act of section 3(f)(1) of the Executive Order 1995 the Department of State amends 22 CFR since it is not likely to have an annual parts 41 and 42 to read as follows: Section 202 of the Unfunded effect on the economy of $100 million Mandates Reform Act of 1995 (UMRA), or more or to adversely affect in a PART 41—[AMENDED] Public Law 104–4, 109 Stat. 48, 2 U.S.C. material way the economy, a sector of I 1532, generally requires agencies to the economy, competition, jobs, the 1. The authority citation for part 41 prepare a statement before proposing environment, public health or safety, or continues to read as follows: any rule that may result in an annual State, local or tribal governments or Authority: 8 U.S.C. 1104; Pub. L. 105–277, expenditure of $100 million or more by communities. 112 Stat. 2681–795 through 2681–801. State, local, or tribal governments, or by I 2. Revise § 41.12 to read as follows: Executive Orders 12372 and 13132: the private sector. This rule will not Federalism result in any such expenditure, nor will § 41.12 Classification symbols. it significantly or uniquely affect small This regulation will not have A visa issued to a nonimmigrant alien governments. substantial direct effects on the States, within one of the classes described in on the relationship between the national this section shall bear an appropriate The Small Business Regulatory Government and the States, or the visa symbol to show the classification of Enforcement Fairness Act of 1996 distribution of power and the alien. The symbol shall be inserted This rule is not a major rule as responsibilities among the various in the space provided on the visa. The defined by 5 U.S.C. 804, for purposes of levels of government. Nor will the rule following visa symbols shall be used:

NONIMMIGRANTS

Symbol Class Section of law

A1 ...... Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family ...... 101(a)(15)(A)(i). A2 ...... Other Foreign Government Official or Employee, or Immediate Family ...... 101(a)(15)(A)(ii). A3 ...... Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family ...... 101(a)(15)(A)(iii). B1 ...... Temporary Visitor for Business ...... 101(a)(15)(B). B2 ...... Temporary Visitor for Pleasure ...... 101(a)(15)(B). B1/B2 ...... Temporary Visitor for Business & Pleasure ...... 101(a)(15)(B). C1 ...... Alien in Transit ...... 101(a)(15)(C). C1/D ...... Combined Transit and Crewmember Visa ...... 101(a)(15)(C) and (D). C2 ...... Alien in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the 101(a)(15)(C). Headquarters Agreement. C3 ...... Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in 212(d)(8). Transit. D ...... Crewmember (Sea or Air) ...... 101(a)(15)(D). E1 ...... Treaty Trader, Spouse or Child ...... 101(a)(15)(E)(i). E2 ...... Treaty Investor, Spouse or Child ...... 101(a)(15)(E)(ii). E3 ...... Australian Treaty Alien Coming to the United States Solely to Perform Services in a Specialty 101(a)(15)(E)(iii). Occupation. E3D ...... Spouse or Child of E3 ...... 101(a)(15)(E)(iii). E3R ...... Returning E3 ...... 101(a)(15)(E)(iii). F1 ...... Student in an academic or language training program ...... 101(a)(15)(F)(i). F2 ...... Spouse or Child of F1 ...... 101(a)(15)(F)(ii). F3 ...... Canadian or Mexican national commuter student in an academic or language training program 101(a)(15)(F)(iii).

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14930 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

NONIMMIGRANTS—Continued

Symbol Class Section of law

G1 ...... Principal Resident Representative of Recognized Foreign Government to International Organi- 101(a)(15)(G)(i). zation, Staff, or Immediate Family. G2 ...... Other Representative of Recognized Foreign Member Government to International Organiza- 101(a)(15)(G)(ii). tion, or Immediate Family. G3 ...... Representative of Nonrecognized or Nonmember Foreign Government to International Organi- 101(a)(15)(G)(iii). zation, or Immediate Family. G4 ...... International Organization Officer or Employee, or Immediate Family ...... 101(a)(15)(G)(iv). G5 ...... Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family ...... 101(a)(15)(G)(v). H1B ...... Alien in a Specialty Occupation (Profession) ...... 101(a)(15)(H)(i)(b). H1B1 ...... Chilean or Singaporean National to Work in a Specialty Occupation ...... 101(a)(15)(H)(i)(b1). H1C ...... Nurse in Health Professional Shortage Area ...... 101(a)(15)(H)(i)(c). H2A ...... Temporary Worker Performing Agricultural Services Unavailable in the United States ...... 101(a)(15)(H)(ii)(a). H2B ...... Temporary Worker Performing Other Services Unavailable in the United States ...... 101(a)(15)(H)(ii)(b). H3 ...... Trainee ...... 101(a)(15)(H)(iii). H4 ...... Spouse or Child of Alien Classified H1B/B1/C, H2A/B/R, or H–3 ...... 101(a)(15)(H)(iv). I ...... Representative of Foreign Information Media, Spouse and Child ...... 101(a)(15)(I). J1 ...... Exchange Visitor ...... 101(a)(15)(J). J2 ...... Spouse or Child of J1 ...... 101(a)(15)(J). K1 ...... Fiance(e) of United States Citizen ...... 101(a)(15)(K)(i). K2 ...... Child of Fiance(e) of U.S. Citizen ...... 101(a)(15)(K)(iii). K3 ...... Spouse of U.S. Citizen Awaiting Availability of Immigrant Visa ...... 101(a)(15)(K)(ii). K4 ...... Child of K3 ...... 101(a)(15)(K)(iii). L1 ...... Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Con- 101(a)(15)(L). tinuing Employment with International Firm or Corporation). L2 ...... Spouse or Child of Intracompany Transferee ...... 101(a)(15)(L). M1 ...... Vocational Student or Other Nonacademic Student ...... 101(a)(15)(M)(i). M2 ...... Spouse or Child of M1 ...... 101(a)(15)(M)(ii). M3 ...... Canadian or Mexican National Commuter Student (Vocational Student or Other Nonacademic 101(a)(15)(M)(iii). Student). N8 ...... Parent of an Alien Classified SK3 or SN3 ...... 101(a)(15)(N)(i). N9 ...... Child of N8 or of SK1, SK2, SK4, SN1, SN2 or SN4 ...... 101(a)(15)(N)(ii). NATO 1 ...... Principal Permanent Representative of Member State to NATO (including any of its Subsidiary Art. 12, 5 UST 1094; Art. 20, 5 Bodies) Resident in the U.S. and Resident Members of Official Staff; Secretary General, As- UST 1098. sistant Secretaries General, and Executive Secretary of NATO; Other Permanent NATO Of- ficials of Similar Rank, or Immediate Family. NATO 2 ...... Other Representative of Member State to NATO (including any of its Subsidiary Bodies) in- Art. 13, 5 UST 1094; Art. 1, 4 cluding Representatives, Advisers, and Technical Experts of Delegations, or Immediate UST 1794; Art. 3, 4 UST Family; Dependents of Member of a Force Entering in Accordance with the Provisions of 1796. the NATO Status-of-Forces Agreement or in Accordance with the Provisions of the ‘‘Pro- tocol on the Status of International Military Headquarters’’; Members of Such a Force if Issued Visas. NATO 3 ...... Official Clerical Staff Accompanying Representative of Member State to NATO (including any Art. 14, 5 UST 1096. of its Subsidiary Bodies), or Immediate Family. NATO 4 ...... Official of NATO (Other Than Those Classifiable as NATO1), or Immediate Family ...... Art. 18, 5 UST 1098. NATO 5 ...... Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Be- Art. 21, 5 UST 1100. half of NATO, and their Dependents. NATO 6 ...... Member of a Civilian Component Accompanying a Force Entering in Accordance with the Pro- Art. 1, 4 UST 1794; Art. 3, 5 visions of the NATO Status-of-Forces Agreement; Member of a Civilian Component At- UST 877. tached to or Employed by an Allied Headquarters Under the ‘‘Protocol on the Status of International Military Headquarters’’ Set Up Pursuant to the North Atlantic Treaty; and their Dependents. NATO 7 ...... Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO3, NATO4, NATO5, and Arts. 12–20, 5 UST 1094– NATO6 Classes, or Immediate Family. 1098. O1 ...... Alien with Extraordinary Ability in Sciences, Arts, Education, Business or Athletics ...... 101(a)(15)(O)(i). O2 ...... Alien Accompanying and Assisting in the Artistic or Athletic Performance by O1 ...... 101(a)(15)(O)(ii). O3 ...... Spouse or Child of O1 or O2 ...... 101(a)(15)(O)(iii). P1 ...... Internationally Recognized Athlete or Member of Internationally Recognized Entertainment 101(a)(15)(P)(i). Group. P2 ...... Artist or Entertainer in a Reciprocal Exchange Program ...... 101(a)(15)(P)(ii). P3 ...... Artist or Entertainer in a Culturally Unique Program ...... 101(a)(15)(P)(iii). P4 ...... Spouse or Child of P1, P2, or P3 ...... 101(a)(15)(P)(iv). Q1 ...... Participant in an International Cultural Exchange Program ...... 101(a)(15)(Q)(i). Q2 ...... Irish Peace Process Program Participant ...... 101(a)(15)(Q)(ii)(I). Q3 ...... Spouse or Child of Q2 ...... 101(a)(15)(Q)(ii)(II). R1 ...... Alien in a Religious Occupation ...... 101(a)(15)(R). R2 ...... Spouse or Child of R1 ...... 101(a)(15)(R). S5 ...... Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise 101(a)(15)(S)(i). S6 ...... Certain Aliens Supplying Critical Information Relating to Terrorism ...... 101(a)(15)(S)(ii). S7 ...... Qualified Family Member of S5 or S6 ...... 101(a)(15)(S). T1 ...... Victim of a Severe Form of Trafficking in Persons ...... 101(a)(15)(T)(i). T2 ...... Spouse of T1 ...... 101(a)(15)(T)(ii). T3 ...... Child of T1 ...... 101(a)(15)(T)(ii).

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14931

NONIMMIGRANTS—Continued

Symbol Class Section of law

T4 ...... Parent of T1 Under 21 Years of Age ...... 101(a)(15)(T)(ii). T5 ...... Unmarried Sibling Under Age 18 of T1 Under 21 Years of Age ...... 101(a)(15)(T)(ii). TN ...... NAFTA Professional ...... 214(e)(2). TD ...... Spouse or Child of NAFTA Professional ...... 214(e)(2). U1 ...... Victim of Criminal Activity ...... 101(a)(15)(U)(i). U2 ...... Spouse of U1 ...... 101(a)(15)(U)(ii). U3 ...... Child of U1 ...... 101(a)(15)(U)(ii). U4 ...... Parent of U1 Under 21 Years of Age ...... 101(a)(15)(U)(ii). U5 ...... Unmarried Sibling Under Age 18 of U1 Under 21 Years of Age ...... 101(a)(15)(U)(ii). V1 ...... Spouse of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa ...... 101(a)(15)(V)(i) or 101(a)(15)(V)(ii). V2 ...... Child of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa ...... 101(a)(15)(V)(i) or 101(a)(15)(V)(ii). V3 ...... Child of a V1 or V2 ...... 203(d) & 101(a)(15)(V)(i) or 101(a)(15)(V)(ii).

PART 42—[AMENDED] Authority: 8 U.S.C. 1104; Pub. L. 107–56, § 42.11 Classification symbols. sec. 421. A visa issued to an immigrant alien I 1. The authority citation for part 42 I 2. Revise § 42.11 to read as follows: within one of the classes described continues to read as follows: below shall bear an appropriate visa symbol to show the classification of the alien.

IMMIGRANTS

Symbol Class Section of law

Immediate Relatives

IR1 ...... Spouse of U.S. Citizen ...... 201(b). IR2 ...... Child of U.S. Citizen ...... 201(b). IR3 ...... Orphan Adopted Abroad by U.S. Citizen ...... 201(b) & 101(b)(1)(F). IH3 ...... Child from Hague Convention Country Adopted Abroad by U.S. Citizen ...... 201(b) & 101(b)(1)(G). IR4 ...... Orphan to be Adopted in U.S. by U.S. Citizen ...... 201(b) & 101(b)(1)(F). IH4 ...... Child from Hague Convention Country to be Adopted in U.S. by U.S. Citizen 201(b) & 101(b)(1)(G). IR5 ...... Parent of U.S. Citizen at Least 21 Years of Age ...... 201(b). CR1 ...... Spouse of U.S. Citizen (Conditional Status) ...... 201(b) & 216. CR2 ...... Child of U.S. Citizen (Conditional Status) ...... 201(b) & 216. IW1 ...... Certain Spouses of Deceased U.S. Citizens ...... 201(b). IW2 ...... Child of IW1 ...... 201(b). IB1 ...... Self-petition Spouse of U.S. Citizen ...... 204(a)(1)(A)(iii). IB2 ...... Self-petition Child of U.S. Citizen ...... 204(a)(1)(A)(iv). IB3 ...... Child of IB1 ...... 204(a)(1)(A)(iii). VI5 ...... Parent of U.S. Citizen Who Acquired Permanent Resident Status Under the 201(b) & sec. 2 of the Virgin Islands Nonimmigrant Virgin Islands Nonimmigrant Alien Adjustment Act. Alien Adjustment Act, (Pub. L. 97–271).

Vietnam Amerasian Immigrants

AM1 ...... Vietnam Amerasian Principal ...... 584(b)(1)(A) of the Foreign Operations, Export Fi- nancing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100–102) as amended. AM2 ...... Spouse or Child of AM1 ...... 584(b)(1)(A) and 584(b)(1)(B) of the Foreign Oper- ations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100–102) as amended. AM3 ...... Natural Mother of AM1 (and Spouse or Child of Such Mother) or Person 584(b)(1)(A) and 584(b)(1)(C) of the Foreign Oper- Who has Acted in Effect as the Mother, Father, or Next-of-Kin of AM1 ations, Export Financing, and Related Programs (and Spouse or Child of Such Person). Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100–102) as amended.

Special Immigrants

SB1 ...... Returning Resident ...... 101(a)(27)(A). SC1 ...... Person Who Lost U.S. Citizenship by Marriage ...... 101(a)(27)(B) & 324(a). SC2 ...... Person Who Lost U.S. Citizenship by Serving in Foreign Armed Forces ...... 101(a)(27)(B) & 327. SI1 ...... Certain Aliens Employed by the U.S. Government in Iraq or Afghanistan as Section 1059 of Pub. L. 109–163 as amended by Translators or Interpreters. Pub. L. 110–36. SI2 ...... Spouse of SI1 ...... Section 1059 of Pub. L. 109–163 as amended by Pub. L. 110–36.

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14932 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

IMMIGRANTS—Continued

Symbol Class Section of law

SI3 ...... Child of SI1 ...... Section 1059 of Pub. L. 109–163 as amended by Pub. L. 110–36. SM1 ...... Alien Recruited Outside the United States Who Has Served or is Enlisted to 101(a)(27)(K). Serve in the U.S. Armed Forces for 12 Years. SM2 ...... Spouse of SM1 ...... 101(a)(27)(K). SM3 ...... Child of SM1 ...... 101(a)(27)(K). SQ1 ...... Certain Iraqis Employed by or on Behalf of the U.S. Government ...... Section 1244 of Public Law 110–181. SQ2 ...... Spouse of SQ1 ...... Section 1244 of Public Law 110–181. SQ3 ...... Child of SQ1 ...... Section 1244 of Public Law 110–181.

Family-Sponsored Preferences Family 1st Preference

F11 ...... Unmarried Son or Daughter of U.S. Citizen ...... 203(a)(1). F12 ...... Child of F11 ...... 203(d) & 203(a)(1). B11 ...... Self-petition Unmarried Son or Daughter of U.S. Citizen ...... 204(a)(1)(A)(iv) & 203(a)(1). B12 ...... Child of B11 ...... 203(d), 204(a)(1)(A)(iv) & 203(a)(1).

Family 2nd Preference (Subject to Country Limitations)

F21 ...... Spouse of Lawful Permanent Resident ...... 203(a)(2)(A). F22 ...... Child of Lawful Permanent Resident ...... 203(a)(2)(A). F23 ...... Child of F21 or F22 ...... 203(d) & 203(a)(2)(A). F24 ...... Unmarried Son or Daughter of Lawful Permanent Resident ...... 203(a)(2)(B). F25 ...... Child of F24 ...... 203(d) & 203(a)(2)(B). C21 ...... Spouse of Lawful Permanent Resident (Conditional) ...... 203(a)(2)(A) & 216. C22 ...... Child of Alien Resident (Conditional) ...... 203(a)(2)(A) & 216. C23 ...... Child of C21 or C22 (Conditional) ...... 203(d) & 203(a)(2)(A) & 216. C24 ...... Unmarried Son or Daughter of Lawful Permanent Resident (Conditional) ..... 203(a)(2)(B) & 216. C25 ...... Child of F24 (Conditional) ...... 203(d) & 203(a)(2)(B) & 216. B21 ...... Self-petition Spouse of Lawful Permanent Resident ...... 204(a)(1)(B)(ii). B22 ...... Self-petition Child of Lawful Permanent Resident ...... 204(a)(1)(B)(iii). B23 ...... Child of B21 or B22 ...... 203(d) & 204(a)(1)(B)(ii). B24 ...... Self-petition Unmarried Son or Daughter of Lawful Permanent Resident ...... 204(a)(1)(B)(iii). B25 ...... Child of B24 ...... 203(d) & 204(a)(1)(B)(iii).

Family 2nd Preference (Exempt from Country Limitations)

FX1 ...... Spouse of Lawful Permanent Resident ...... 202(a)(4)(A) & 203(a)(2)(A). FX2 ...... Child of Lawful Permanent Resident ...... 202(a)(4)(A) & 203(a)(2)(A). FX3 ...... Child of FX1 or FX2 ...... 202(a)(4)(A) & 203(a)(2)(A) & 203(d). CX1 ...... Spouse of Lawful Permanent Resident (Conditional) ...... 202(a)(4)(A) & 203(a)(2)(A) & 216. CX2 ...... Child of Lawful Permanent Resident (Conditional) ...... 202(a)(4)(A) & 203(a)(2)(A) & 216. CX3 ...... Child of CX1 or CX2 (Conditional) ...... 202(a)(4)(A) & 203(a)(2)(A) & 203(d) & 216. BX1 ...... Self-petition Spouse of Lawful Permanent Resident ...... 204(a)(1)(B)(ii). BX2 ...... Self-petition Child of Lawful Permanent Resident ...... 204(a)(1)(B)(iii). BX3 ...... Child of BX1 or BX2 ...... 204(a)(1)(B)(ii) & 203(d).

Family 3rd Preference

F31 ...... Married Son or Daughter of U.S. Citizen ...... 203(a)(3). F32 ...... Spouse of F31 ...... 203(d) & 203(a)(3). F33 ...... Child of F31 ...... 203(d) & 203(a)(3). C31 ...... Married Son or Daughter of U.S. Citizen (Conditional) ...... 203(a)(3) & 216. C32 ...... Spouse of C31 (Conditional) ...... 203(d) & 203(a)(3) & 216. C33 ...... Child of C31 (Conditional) ...... 203(d) & 203(a)(3) & 216. B31 ...... Self-petition Married Son or Daughter of U.S. Citizen ...... 204(a)(1)(A)(iv) & 203(a)(3). B32 ...... Spouse of B31 ...... 203(d), 204(a)(1)(A)(iv) & 203(a)(3). B33 ...... Child of B31 ...... 203(d), 204(a)(1)(A)(iv) & 203(a)(3).

Family 4th Preference

F41 ...... Brother or Sister of U.S. Citizen at Least 21 Years of Age ...... 203(a)(4). F42 ...... Spouse of F41 ...... 203(d) & 203(a)(4). F43 ...... Child of F41 ...... 203(d) & 203(a)(4).

Employment-Based Preferences Employment 1st Preference (Priority Workers)

E11 ...... Alien with Extraordinary Ability ...... 203(b)(1)(A). E12 ...... Outstanding Professor or Researcher ...... 203(b)(1)(B). E13 ...... Multinational Executive or Manager ...... 203(b)(1)(C). E14 ...... Spouse of E11, E12, or E13 ...... 203(d) & 203(b)(1)(A) & 203(b)(1)(B) & 203(b)(1)(C).

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14933

IMMIGRANTS—Continued

Symbol Class Section of law

E15 ...... Child of E11, E12, or E13 ...... 203(d) & 203(b)(1)(A) & 203(b)(1)(B) & 203(b)(1)(C).

Employment 2nd Preference (Professionals Holding Advanced Degrees or Persons of Exceptional Ability)

E21 ...... Professional Holding Advanced Degree or Alien of Exceptional Ability ...... 203(b)(2). E22 ...... Spouse of E21 ...... 203(d) & 203(b)(2). E23 ...... Child of E21 ...... 203(d) & 203(b)(2).

Employment 3rd Preference (Skilled Workers, Professionals, and Other Workers)

E31 ...... Skilled Worker ...... 203(b)(3)(A)(i). E32 ...... Professional Holding Baccalaureate Degree ...... 203(b)(3)(A)(ii). E34 ...... Spouse of E31 or E32 ...... 203(d) & 203(b)(3)(A)(i) & 203(b)(3)(A)(ii). E35 ...... Child of E31 or E32 ...... 203(d) & 203(b)(3)(A)(i) & 203(b)(3)(A)(ii). EW3 ...... Other Worker (Subgroup Numerical Limit) ...... 203(b)(3)(A)(iii). EW4 ...... Spouse of EW3 ...... 203(d) & 203(b)(3)(A)(iii). EW5 ...... Child of EW3 ...... 203(d) & 203(b)(3)(A)(iii).

Employment 4th Preference (Certain Special Immigrants)

BC1 ...... Broadcaster in the U.S. employed by the International Broadcasting Bureau 101(a)(27)(M) & 203(b)(4). of the Broadcasting Board of Governors or a grantee of such organization. BC2 ...... Accompanying spouse of BC1 ...... 101(a)(27)(M) & 203(b)(4). BC3 ...... Accompanying child of BC1 ...... 101(a)(27)(M) & 203(b)(4). SD1 ...... Minister of Religion ...... 101(a)(27)(C)(ii)(I) & 203(b)(4). SD2 ...... Spouse of SD1 ...... 101(a)(27)(C)(ii)(I) & 203(b)(4). SD3 ...... Child of SD1 ...... 101(a)(27)(C)(ii)(I) & 203(b)(4). SE1 ...... Certain Employees or Former Employees of the U.S. Government Abroad ... 101(a)(27)(D) & 203(b)(4). SE2 ...... Spouse of SE1 ...... 101(a)(27)(D) & 203(b)(4). SE3 ...... Child of SE1 ...... 101(a)(27)(D) & 203(b)(4). SF1 ...... Certain Former Employees of the Panama Canal Company or Canal Zone 101(a)(27)(E) & 203(b)(4). Government. SF2 ...... Spouse or Child of SF1 ...... 101(a)(27)(E) & 203(b)(4). SG1 ...... Certain Former Employees of the U.S. Government in the Panama Canal 101(a)(27)(F) & 203(b)(4). Zone. SG2 ...... Spouse or Child of SG1 ...... 101(a)(27)(F) & 203(b)(4). SH1 ...... Certain Former Employees of the Panama Canal Company or Canal Zone 101(a)(27)(G) & 203(b)(4). Government on April 1, 1979. SH2 ...... Spouse or Child of SH1 ...... 101(a)(27)(G) & 203(b)(4). SJ1 ...... Certain Foreign Medical Graduates (Adjustments Only) ...... 101(a)(27)(H). SJ2 ...... Accompanying Spouse or Child of SJ1 ...... 101(a)(27)(H) & 203(b)(4). SK1 ...... Certain Retired International Organization employees ...... 101(a)(27)(I)(iii) & 203(b)(4). SK2 ...... Spouse of SK1 ...... 101(a)(27)(I)(iv) & 203(b)(4). SK3 ...... Certain Unmarried Sons or Daughters of an International Organization Em- 101(a)(27)(I)(i) & 203(b)(4). ployee. SK4 ...... Certain Surviving Spouses of a deceased International Organization Em- 101(a)(27)(I)(ii) & 203(b)(4). ployee. SL1 ...... Juvenile Court Dependent (Adjustment Only) ...... 101(a)(27)(J) & 203(b)(4). SN1 ...... Certain retired NATO6 civilians ...... 101(a)(27)(L) & 203(b)(4). SN2 ...... Spouse of SN1 ...... 101(a)(27)(L) & 203(b)(4). SN3 ...... Certain unmarried sons or daughters of NATO6 civilian employees ...... 101(a)(27)(L) & 203(b)(4). SN4 ...... Certain surviving spouses of deceased NATO6 civilian employees ...... 101(a)(27)(L) & 203(b)(4). SP ...... Alien Beneficiary of a petition or labor certification application filed prior to Section 421 of Public Law 107–56. September 11, 2001, if the petition or application was rendered void due to a terrorist act of September 11, 2001. Spouse, child of such alien, or the grandparent of a child orphaned by a terrorist act of September 11, 2001. SR1 ...... Certain Religious Workers ...... 101(a)(27)(C)(ii)(II) & (III) as amended, & 203(b)(4). SR2 ...... Spouse of SR1 ...... 101(a)(27)(C)(ii)(II) & (III) as amended, & 203(b)(4). SR3 ...... Child of SR1 ...... 101(a)(27)(C)(ii)(II) & (III) as amended, & 203(b)(4).

Employment 5th Preference (Employment Creation Conditional Status)

C51 ...... Employment Creation OUTSIDE Targeted Areas ...... 203(b)(5)(A). C52 ...... Spouse of C51 ...... 203(d) & 203(b)(5)(A). C53 ...... Child of C51 ...... 203(d) & 203(b)(5)(A). T51 ...... Employment Creation IN Targeted Rural/High Unemployment Area ...... 203(b)(5)(B). T52 ...... Spouse of T51 ...... 203(d) & 203(b)(5)(B). T53 ...... Child of T51 ...... 203(d) & 203(b)(5)(B). R51 ...... Investor Pilot Program, Not in Targeted Area ...... 203(b)(5) & Sec. 610 of the Departments of Com- merce, Justice, and State, the Judiciary and Re- lated Agencies Appropriations Act, 1993 (Pub. L. 102–395), as amended.

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14934 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

IMMIGRANTS—Continued

Symbol Class Section of law

R52 ...... Spouse of R51 ...... 203(d) & 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102–395), as amended. R53 ...... Child of R51 ...... 203(d) & 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102–395), as amended. I51 ...... Investor Pilot Program, in Targeted Area ...... 203(b)(5) & Sec. 610 of the Departments of Com- merce, Justice, and State, the Judiciary and Re- lated Agencies Appropriations Act, 1993 (Pub. L. 102–395), as amended. I52 ...... Spouse of I51 ...... 203(d) & 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102–395), as amended. I53 ...... Child of I51 ...... 203(d) & 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102–395), as amended.

Other Numerically Limited Categories Diversity Immigrants

DV1 ...... Diversity Immigrant ...... 203(c). DV2 ...... Spouse of DV1 ...... 203(d) & 203(c). DV3 ...... Child of DV1 ...... 203(d) & 203(c).

Dated: March 3, 2008. utility property with respect to the 2003 proposed regulations) and again on Stephen A. Edson, utility (deregulated public utility December 21, 2005 (the 2005 proposed Acting Assistant Secretary for Consular property) to return to its ratepayers the regulations). The preambles of both the Affairs, Department of State. normalization reserve for excess 2003 proposed regulations and the 2005 [FR Doc. E8–5413 Filed 3–19–08; 8:45 am] deferred income taxes (EDFIT) with proposed regulations describe the BILLING CODE 4710–06–P respect to those assets and, in certain normalization method of accounting circumstances, also permit the return of and the reserves under the part or all of the reserve for accumulated normalization method for excess DEPARTMENT OF THE TREASURY deferred investment tax credits (ADITC) deferred federal income tax (EDFIT) and with respect to those assets. accumulated deferred investment tax Internal Revenue Service DATES: Effective Date: These regulations credits (ADITC). are effective March 20, 2008. The 2003 proposed regulations 26 CFR Part 1 Applicability Date: For dates of provided that electric utilities whose applicability, see § 1.46–6(k)(4) and generation assets become deregulated [TD 9387] § 1.168(i)–3(d) of these regulations. public utility property could continue to RIN 1545–AY75 FOR FURTHER INFORMATION CONTACT: flow through EDFIT reserves associated Patrick Kirwan, at (202) 622–3040 (not with those assets without violating the Application of Normalization a toll-free number). normalization requirements. The rate of Accounting Rules to Balances of SUPPLEMENTARY INFORMATION: flowthrough was limited to the rate that Excess Deferred Income Taxes and would have been permitted under a Accumulated Deferred Investment Tax Background and Explanation of normalization method of accounting if Credits of Public Utilities Whose Provisions the assets had remained public utility Assets Cease To Be Public Utility This document amends the Income property. Property Tax Regulations (26 CFR part 1) relating The 2003 proposed regulations AGENCY: Internal Revenue Service (IRS), to the normalization requirements of provided similar rules under which Treasury. sections 168(f)(2) and 168(i)(9) of the electric utilities could continue to flow ACTION: Final regulations. Internal Revenue Code (Code), section through ADITC reserves associated with 203(e) of the Tax Reform Act of 1986, generation assets that become SUMMARY: This document contains final Public Law 99–514 (100 Stat. 2146), and deregulated public utility property regulations that provide guidance on the former section 46(f) of the Code. without violating the normalization normalization requirements applicable Proposed regulations relating to the requirements. The 2003 proposed to public utilities that benefit (or have normalization requirements applicable regulations addressed the treatment of benefited) from accelerated depreciation to electric utilities that benefit (or have these assets under former section methods or from the investment tax benefited) from accelerated depreciation 46(f)(2) (relating to the use of the credit permitted under pre-1991 law. methods or from the investment tax investment credit to reduce the These regulations permit a utility whose credit permitted under pre-1991 law taxpayer’s cost of service) but did not assets cease, whether by disposition, [REG–104385–01] were published in the address their treatment under former deregulation, or otherwise, to be public Federal Register on March 4, 2003 (the section 46(f)(1) (relating to the use of the

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14935

investment credit to reduce the Written comments were received in transition rule under which flowthrough taxpayer’s rate base). The 2003 proposed response to the 2005 proposed is permitted if it is consistent with the regulations would have applied to regulations, and a public hearing was 2003 proposed regulations and occurs public utility generation property held on April 5, 2006. Three during the period beginning on March 5, deregulated after March 4, 2003. commentators spoke at the public 2003, and ending on the earlier of (1) Utilities would have been permitted an hearing. After consideration of all the the last date on which the utility’s rates election to apply the proposed rules to comments, the 2005 proposed are determined under the rate order in generation property that was regulations are adopted as amended by effect on December 21, 2005, or (2) deregulated on or before that date. this Treasury decision. In general, the December 21, 2007. In response to the public comments final regulations follow the approach of One commentator suggested that the and after further analysis, the 2003 the 2005 proposed regulations. regulations should provide guidance proposed regulations were withdrawn A number of commentators suggested concerning when deregulation occurs. and were replaced by the 2005 proposed that the proposed rules should apply on Under the regulations, property regulations. The 2005 proposed an elective basis to public utility becomes deregulated public utility regulations generally retain the rule of property that was deregulated prior to property when it ceases to be public the 2003 proposed regulations regarding March 5, 2003, if regulatory proceedings utility property with respect to the the return of EDFIT reserves and extend for the deregulated public utility taxpayer. This depends on the particular the application of the rule to all public property are pending. The preamble to facts and circumstances and is more utility property. the 2005 proposed regulations explains appropriately addressed on a case-by- The 2005 proposed regulations permit that the Secretary’s authority under case basis. flowthrough of the ADITC reserve with section 7805(b)(7) to provide for Some commentators suggested that respect to deregulated public utility retroactive elections should not be the final regulations should permit property to continue after its exercised in a manner that impairs flowthrough of ADITC reserves even in deregulation only to the extent the existing agreements between utilities cases in which ratepayers do not bear reduction in cost of service does not and their regulators. Many the cost of the asset giving rise to the exceed, as a percentage of the ADITC commentators agreed with the objective credit. The comments generally argued with respect to the property at the time of not disturbing previously settled and that this would be consistent with of deregulation, the percentage of the finalized agreements and believed that a Congressional intent to share the benefit total stranded cost that the taxpayer is retroactive election would likely result of the credit between ratepayers and permitted to recover with respect to the in taxpayers being compelled to reopen shareholders. The IRS and Treasury property. In addition, the 2005 proposed such agreements. The commentators Department agree that the Code regulations provide that the credit may suggested, however, that applying the provides for such sharing in the typical not be flowed through more rapidly regulations to regulatory proceedings situation in which ratepayers ultimately than the rate at which the taxpayer is that have yet to be finally decided bear the full cost of an asset through permitted to recover the stranded cost would not impair any existing ratemaking depreciation. On the other with respect to the property. The 2005 agreement, and that the final regulations hand, neither the statutory provision proposed regulations provide similar should permit continued flowthrough of nor the legislative history provides any rules for property to which former the EDFIT and ADITC reserves if no indication that Congress intended for section 46(f)(1) (relating to rate base final order or settlement agreement ratepayers to share in benefits restoration) applies and extend the prescribing the treatment of those attributable to costs that they do not application of the ADITC flowthrough reserves after deregulation was in effect bear. Accordingly, for the reasons set rules to all public utility property. on December 21, 2005. Other forth in the preamble of the 2005 The 2005 proposed regulations commentators suggested that the section proposed regulations, the final generally apply to any public utility 7805 limitations on retroactivity do not regulations retain the proposed rules property that becomes deregulated apply to these regulations because the relating to flowthrough of the ADITC public utility property after December normalization provisions were enacted reserve and rate base restoration, 21, 2005. They do not include an before the effective date of those including the rule allowing flowthrough election to apply the regulations limitations. The IRS and Treasury consistent with the 2003 proposed retroactively. For public utility property Department agree that there is no regulations during the transition period. that became deregulated public utility statutory impediment that would Commentators suggested that the use property on or before December 21, prohibit the application of the of terms other than deregulated public 2005, the preamble of the 2005 regulations to previously deregulated utility property in the preamble of the proposed regulations states that the IRS property. Nevertheless, the IRS and 2005 proposed regulations implies that will follow the holdings set forth in the Treasury Department have concluded a distinction exists between property private letter rulings prohibiting that there is no compelling argument in that ceases to be public utility property flowthrough of the EDFIT and ADITC this instance for frustrating the because of deregulation and property reserves associated with an asset after expectations of taxpayers who embarked that ceases to be public utility property the asset’s disposition. The 2005 upon deregulation of their public utility because of a disposition or other event. proposed regulations provide, however, property before the publication of the To clarify that this is not the case, the that flowthrough will be permitted if it new rules. Accordingly, the final term deregulated public utility property is consistent with the 2003 proposed regulations do not depart from the is the sole term used in the final regulations and occurs during the general practice of applying regulations to describe property that period beginning on March 5, 2003, and amendments to the regulations without ceases to be public utility property. ending on the earlier of (1) the last date retroactive effect and retain the One commentator questioned whether on which the utility’s rates are prospective effective date of the 2005 the term deregulated public utility determined under the rate order in proposed regulations without a property includes normal retirements. effect on December 21, 2005, or (2) retroactive election. The final The final regulations clarify that they do December 21, 2007. regulations retain the proposed not apply to ordinary retirements within

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14936 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

the meaning of section 1.167(a)– List of Subjects in 26 CFR Part 1 becomes deregulated public utility 11(d)(3)(ii). Income taxes, Reporting and property by the stranded cost of the One commentator suggested that recordkeeping requirements. property. deregulated public utility property (ii) Cost of service reduction. should include property that is public Adoption of Amendments to the Reductions in the taxpayer’s cost of utility property in the hands of a Regulations service on account of the credit with transferee. The commentator further I respect to public utility property that Accordingly, 26 CFR part 1 is becomes deregulated public utility suggested that if the transferee of public amended as follows: utility property will continue the property are ratable during the period flowthrough of the transferor’s EDFIT PART 1—INCOME TAXES after the property becomes deregulated and ADITC reserves, further public utility property if the cumulative I flowthrough by the transferor should Paragraph 1. The authority citation amount of the reduction during such not be required. The IRS and Treasury for part 1 continues to read, in part, as period does not, at any time during the Department agree with these follows: period, exceed the flowthrough suggestions. Accordingly, the final Authority: 26 U.S.C. 7805 * * * percentage of the cumulative stranded regulations provide, on a prospective cost recovery for the property at such I Par. 2. Section 1.46–6 is amended by basis, that they apply to a taxpayer with time. For this purpose— adding paragraph (k) to read as follows: (A) The stranded cost of the property respect to public utility property that is the cost of the property reduced by ceases to be public utility property with § 1.46–6 Limitation in case of certain the amount of such cost that the respect to the taxpayer. Thus, the regulated companies. taxpayer has recovered through regulations will apply even if the * * * * * regulated depreciation expense during property remains regulated public (k) Treatment of accumulated the period before the property becomes utility property in the hands of a deferred investment tax credits upon the deregulated public utility property; transferee. The regulations further deregulation of public utility property— (B) The cumulative stranded cost provide an exception from the generally (1) Scope—(i) In general. This paragraph recovery for the property at any time is applicable rule permitting transferor (k) provides rules for the application of the stranded cost of the property that flowthrough when the transferee will former sections 46(f)(1) and 46(f)(2) of the taxpayer has been permitted to continue flowthrough of the EDFIT the Internal Revenue Code to a taxpayer recover through rates on or before such reserves. A similar exception was not with respect to public utility property time; and provided for the ADITC reserve because that ceases, whether by disposition, (C) The flowthrough percentage for transferor flowthrough of that reserve deregulation, or otherwise, to be public the property is determined by dividing does not occur if the transferee, rather utility property with respect to the the amount of credit with respect to the than the transferor, is recovering the taxpayer and that is not described in property remaining to be used to reduce cost of the property through ratemaking paragraph (k)(1)(ii) of this section cost of service immediately before the depreciation. (deregulated public utility property). property becomes deregulated public Special Analyses (ii) Exception. This paragraph (k) does utility property by the stranded cost of not apply to property that ceases to be the property. It has been determined that this public utility property with respect to (3) Cross reference. See § 1.168(i)–(3) Treasury decision is not a significant the taxpayer on account of an ordinary for rules relating to the treatment of regulatory action as defined in retirement within the meaning of balances of excess deferred income Executive Order 12866. Therefore, a § 1.167(a)–11(d)(3)(ii). taxes when public utility property regulatory assessment is not required. It (2) Ratable amount—(i) Restoration of becomes deregulated public utility also has been determined that section rate base reduction. A reduction in the property. 553(b) of the Administrative Procedure taxpayer’s rate base on account of the (4) Effective/applicability dates—(i) In Act (5 U.S.C. chapter 5) does not apply credit with respect to public utility general. Except as provided in to these regulations and, because the property remaining to be restored does paragraph (k)(4)(ii) of this section, this regulations do not impose a collection not, at any time during the period, paragraph (k) applies to public utility of information on small entities, the exceed the restoration percentage of the property that becomes deregulated Regulatory Flexibility Act (5 U.S.C. recoverable stranded cost of the public utility property with respect to a chapter 6) does not apply. Therefore, a property at such time. For this taxpayer after December 21, 2005. Regulatory Flexibility Analysis is not purpose— (ii) Property that becomes public required. Pursuant to section 7805(f) of (A) The stranded cost of the property utility property of the transferee. This the Code, the notice of proposed is the cost of the property reduced by paragraph (k) does not apply to property rulemaking preceding these regulations the amount of such cost that the that becomes deregulated public utility was submitted to the Chief Counsel for taxpayer has recovered through property with respect to a taxpayer an Advocacy of the Small Business regulated depreciation expense during account of a transfer on or before March Administration for comment on its the period before the property becomes 20, 2008 if after the transfer the property impact on small businesses. deregulated public utility property; is public utility property of the Drafting Information (B) The recoverable stranded cost of transferee. the property at any time is the stranded (iii) Application of regulation project The principal author of the cost of the property that the taxpayer (REG–104385–01). A reduction in the regulations is Patrick S. Kirwan, Office will be permitted to recover through taxpayer’s cost of service will be treated of Associate Chief Counsel rates after such time; and as ratable if it is consistent with the (Passthroughs & Special Industries). (C) The restoration percentage for the proposed rules in regulation project However, other personnel from the IRS property is determined by dividing the (REG–104385–01) (68 FR 10190) March and the Treasury Department reduction in rate base remaining to be 4, 2003, and occurs during the period participated in the development of the restored with respect to the property beginning on March 5, 2003, and ending regulations. immediately before the property on the earlier of—

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14937

(A) The last date on which the becomes deregulated public utility certification that they are in compliance utility’s rates are determined under the property with respect to a taxpayer on with the auction rules. Finally, this final rate order in effect on December 21, account of a transfer on or before March rule adds technical clarification to the 2005; or 20, 2008 if after the transfer the property calculation of accrued interest for (B) December 21, 2007. is public utility property of the Treasury bonds and notes. transferee. DATES: Effective Date: This rule is I Par. 3. Section 1.168(i)–3 is added to (3) Application of regulation project effective on March 20, 2008. read as follows: (REG–104385–01). A reduction in the Applicability Date: The changes to 31 § 1.168(i)–3 Treatment of excess deferred taxpayer’s excess deferred income tax CFR 356.31 apply to all Treasury income tax reserve upon disposition of reserve will be treated as ratable if it is marketable securities eligible for deregulated public utility property. consistent with the proposed rules in stripping (notes, bonds, plus TIPS (a) Scope—(1) In general. This section regulation project (REG–104385–01) (68 issued after January 15, 1985) provides rules for the application of FR 10190) March 4, 2003, and occurs outstanding on and after April 7, 2008. section 203(e) of the Tax Reform Act of during the period beginning on March 5, Applicability Date: The change to 31 1986, Public Law 99–514 (100 Stat. 2003, and ending on the earlier of— CFR Part 356, Appendix B, Section I, 2146) to a taxpayer with respect to (i) The last date on which the utility’s Paragraph C applies to all Treasury public utility property (within the rates are determined under the rate notes, bonds, and TIPS issued on or meaning of section 168(i)(10)) that order in effect on December 21, 2005; or after the date of the first Treasury ceases, whether by disposition, (ii) December 21, 2007. marketable securities auction with a $100 minimum purchase amount deregulation, or otherwise, to be public Linda E. Stiff, announced through an offering utility property with respect to the Acting Deputy Commissioner for Services and taxpayer and that is not described in announcement. Enforcement. Applicability Date: The changes to 31 paragraph (a)(2) of this section Approved: March 6, 2008. (deregulated public utility property). CFR 356.2, 356.4, 356.16, 356.17 and Eric Solomon, (2) Exceptions. This section does not 356.25 apply to all auctions of Treasury apply to the following property: Assistant Secretary of the Treasury (Tax marketable securities beginning with the Policy). (i) Property that ceases to be public first Treasury marketable securities utility property with respect to the [FR Doc. E8–5619 Filed 3–19–08; 8:45 am] auction with a $100 minimum purchase taxpayer on account of an ordinary BILLING CODE 4830–01–P amount announced through an offering retirement within the meaning of announcement. ADDRESSES: You may download this § 1.167(a)–11(d)(3)(ii). DEPARTMENT OF THE TREASURY (ii) Property transferred by the final rule from the Bureau of the Public taxpayer if after the transfer the property Fiscal Service Debt’s Web site at http:// is public utility property of the www.treasurydirect.gov or from the transferee and the taxpayer’s excess tax 31 CFR Part 356 Electronic Code of Federal Regulations reserve with respect to the property (e-CFR) Web site at http:// (within the meaning of section 203(e) of [Docket No. BPD GSRS 08–01] www.gpoaccess.gov/ecfr. It is also the Tax Reform Act of 1986) is treated available for public inspection and Sale and Issue of Marketable Book- as an excess tax reserve of the transferee copying at the Treasury Department Entry Treasury Bills, Notes, and with respect to the property. Library, Room 1428, Main Treasury Bonds—Minimum and Multiple (b) Amount of reduction. If public Building, 1500 Pennsylvania Avenue, Amounts Eligible for STRIPS, Legacy utility property of a taxpayer becomes NW., Washington, DC 20220. To visit Treasury Direct, and Certification deregulated public utility property to the library, call (202) 622–0990 for an Requirements which this section applies, the appointment. reduction in the taxpayer’s excess tax AGENCY: Bureau of the Public Debt, FOR FURTHER INFORMATION CONTACT: Lori reserve permitted under section 203(e) Fiscal Service, Treasury. Santamorena (Executive Director), of the Tax Reform Act of 1986 is equal ACTION: Final rule. Chuck Andreatta (Associate Director), or to the amount by which the reserve Aaron Gregg (Government Securities could be reduced under that provision SUMMARY: The Department of the Specialist), Bureau of the Public Debt, if all such property had remained public Treasury (‘‘Treasury’’ or ‘‘We’’) is Government Securities Regulations utility property of the taxpayer and the issuing in final form amendments to the Staff, (202) 504–3632 or e-mail us at taxpayer had continued use of its Uniform Offering Circular for the Sale [email protected]. Policy normalization method of accounting and Issue of Marketable Book-Entry Information: Karthik Ramanathan with respect to such property. Treasury Bills, Notes, and Bonds. The (Director), Department of the Treasury, (c) Cross reference. See § 1.46–6(k) for first change lowers the minimum and Office of Debt Management, (202) 622– rules relating to the treatment of multiple par amounts of Treasury 2042 or e-mail at accumulated deferred investment tax marketable notes, bonds, and Treasury [email protected]. credits when utilities dispose of inflation-protected securities (TIPS) that SUPPLEMENTARY INFORMATION: The regulated public utility property. may be stripped from $1,000 to $100. Uniform Offering Circular (UOC), in (d) Effective/applicability dates—(1) The second change eliminates the conjunction with the announcement for In general. Except as provided in provisions allowing depository each auction, provides the terms and paragraph (d)(2) of this section, this institutions and dealers to submit conditions for the sale and issuance to section applies to public utility property customer bids in Treasury marketable the public of marketable Treasury bills, that becomes deregulated public utility securities auctions for securities that notes, bonds and TIPS.1 property after December 21, 2005. will be held in Legacy Treasury Direct. (2) Property that becomes public The third change eliminates the 1 The Uniform Offering Circular was first utility property of the transferee. This requirement that submitters that submit published as a final rule on January 5, 1993 (58 FR section does not apply to property that bids by computer provide a written Continued

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14938 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

This final rule revises 31 CFR 356.31 for stripping (notes, bonds, plus TIPS PART 356—SALE AND ISSUE OF of the UOC, which describes the terms issued after January 15, 1985). MARKETABLE BOOK-ENTRY and conditions for STRIPS (Separate The final rule also eliminates the TREASURY BILLS, NOTES, AND Trading of Registered Interest and provisions allowing depository BONDS (DEPARTMENT OF THE Principal of Securities). The STRIPS institutions and dealers to submit TREASURY CIRCULAR, PUBLIC DEBT program allows holders of book-entry customer bids in Treasury marketable SERIES NO. 1–93) (electronic) Treasury notes, bonds, and securities auctions for securities that TIPS to separate those securities into I 1. The authority citation for part 356 will be held in Legacy Treasury Direct their separate principal and interest continues to read as follows: (31 CFR 356.2, 356.4, 356.17, and components. Holders then can hold or 356.25). This functionality is not Authority: 5 U.S.C. 301; 31 U.S.C. 3102 et trade these components separately as seq.; 12 U.S.C. 391. zero-coupon securities. Currently, the available in the new Treasury minimum par amount of notes, bonds, Automated Auction Processing System I 2. Amend § 356.2 to revise the and TIPS that may be stripped is (TAAPS). Our experience has been that definition of ‘‘Autocharge agreement’’ to $1,000,2 and any higher par amount to the volume of such bids has been so low read as follows: be stripped must be in a multiple of that it does not justify continuing to provide the service in the new TAAPS. § 356.2 What definitions do I need to know $1,000. to understand this part? On August 1, 2007, Treasury Investors will still be able to submit * * * * * announced that it was considering their own bids directly to Legacy lowering the minimum and multiple par Treasury Direct. Autocharge agreement means an amounts that bidders may bid for in agreement in a format acceptable to This final rule also eliminates the Treasury between a submitter or Treasury marketable securities auctions requirement that submitters that submit from $1,000 to $100 to put Treasury clearing corporation and a depository bids by computer provide a written institution that authorizes us to: securities within the reach of all certification that they are in compliance 3 (1) Deliver awarded securities to the individual investors. On October 31, with the auction rules, because it is 2007, Treasury announced that it will book-entry securities account of a unnecessary in view of other designated depository institution in the lower the minimum purchase amounts requirements. The current UOC states for Treasury auctions from $1,000 to commercial book-entry system, and that, by submitting bids or other $100 after the release of the new auction (2) Charge a funds account of a information in an auction, submitters processing system.4 This will also allow designated depository institution for the are deemed to have certified that they holders to hold and transfer all settlement amount of the securities. outstanding Treasury bills, notes, bonds, are in compliance with the auction * * * * * rules; that the information provided and TIPS in minimum and multiple par I 3. Amend § 356.4 to revise paragraph regarding any bids for their own account amounts of $100. The announced (c) as follows: change does not require a change to the is accurate and complete; and that the UOC because it will be incorporated in information provided with regard to any § 356.4 What are the book-entry systems each auction announcement.5 bids for customers accurately and in which auctioned Treasury securities may This final rule makes the minimum completely reflects information be issued? and multiple par amounts of Treasury provided by those customers or their * * * * * notes, bonds, and TIPS eligible to be intermediaries (31 CFR 356.16(a)). The (c) Legacy Treasury Direct. In this stripped consistent with the lower new TAAPS will also state on the login system, we maintain the book-entry minimum and multiple par amounts screen that, by bidding in an auction, securities of account holders directly on that bidders may bid for in marketable bidders are certifying that they will the records of the Bureau of the Public Treasury securities auctions. The comply with the auction rules. Debt, Department of the Treasury. Bids change to the minimum and multiple In addition, this final rule adds for securities to be held in Legacy par amounts eligible to be stripped (31 language to Appendix B, Section I, Treasury Direct are submitted directly to CFR 356.31) will apply on April 7, 2008, Paragraph C of the UOC to specify how us. From time to time, Treasury may and thereafter to all outstanding we calculate accrued interest for a par announce that certain securities to be Treasury marketable securities eligible amount of securities less than $1,000. offered will not be eligible for purchase or holding in Legacy Treasury Direct. 412). The circular, as amended, is codified at 31 Procedural Requirements CFR part 356. A final rule converting the UOC to § 356.16 [Amended] plain language and making certain other minor This final rule is not a significant I 4. In § 356.16, remove paragraph changes was published on July 28, 2004 (69 FR regulatory action for purposes of E.O. 45202). (a)(4). I 2 See 65 FR 66174 (November 3, 2000) for a 12866. The notice and public 5. Amend § 356.17 to revise paragraph previous UOC amendment to minimum and procedures requirements of the (c)(1) to read as follows: multiple par amounts that may be stripped. Administrative Procedure Act do not 3 See August 2007 Quarterly Refunding Statement apply, under 5 U.S.C. 553(a)(2). § 356.17 How and when do I pay for by Anthony W. Ryan, Treasury Assistant Secretary securities awarded in an auction? Since a notice of proposed rulemaking for Financial Markets (August 1, 2007) http:// * * * * * www.treas.gov/press/releases/hp515.htm. is not required, the provisions of the 4 See November 2007 Quarterly Refunding Regulatory Flexibility Act (5 U.S.C. 601 (c) * * * Statement by Anthony W. Ryan, Treasury Assistant et seq.) do not apply. (1) Bidding and payment by computer Secretary for Financial Markets (October 31, 2007) or by telephone. If you are bidding by http://www.treas.gov/press/releases/hp655.htm. List of Subjects in 31 CFR Part 356 computer or by telephone, you must pay 5 See 31 CFR 356.2, which defines ‘‘minimum to bid’’ and ‘‘multiple to bid’’ as ‘‘the smallest amount for any securities awarded to you by of a security that may be bid for in an auction as Bonds, Federal Reserve System, debit entry to a deposit account. Government Securities, Securities. stated in the auction announcement’’ and ‘‘the * * * * * smallest additional amount of a security that may I I be bid for in an auction as stated in the auction For the reasons stated in the preamble, 6. Amend § 356.25 to revise paragraph announcement,’’ respectively. 31 CFR part 356 is amended as follows: (b) to read as follows:

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14939

§ 356.25 How does the settlement process NATIONAL SCIENCE FOUNDATION Protected Species in Appendix A to work? Annex II to the Protocol. The Fur Seals * * * * * 45 CFR Part 670 will continue to receive comprehensive (b) Payment by authorized charge to RIN 3145–AA48 protection under the Environmental Protocol to the Antarctic Treaty. a funds account. Where the submitter’s No public comment is needed because method of payment is an authorized Conservation of Antarctic Animals and Plants the addition of these areas or sites and charge to the funds account of a the delisting merely implements depository institution as provided for in AGENCY: National Science Foundation. measures adopted by the Consultative § 356.17 (d), we will charge the ACTION: Final rule. Parties at ATCM XXIX. settlement amount to the specified funds account on the issue date. SUMMARY: Pursuant to the Antarctic Determinations * * * * * Conservation Act of 1978, The National NSF has determined, under the Science Foundation (NSF) is amending criteria set forth in Executive Order I 7. Amend § 356.31 to revise its regulations to designate additional 12866, that this rule is not a significant paragraphs (b)(1) and (c)(1) to read as Antarctic Specially Managed Areas regulatory action requiring review by follows: (ASMA) and one new Historical Site or the Office of Management and Budget. § 356.31 How does the STRIPS program Monument (HSM). Further, NSF is This rule involves a foreign affairs work? amending its regulations to reflect that function of the United States and is, the Antarctic Treaty Consultative Parties therefore, exempt from the notice * * * * * (Consultative Parties), at the Antarctic requirements of section 553 of the (b) * * * Treaty Consultative Meeting XXIX Administrative Procedures Act and from (1) Minimum par amounts required (ATCM XXIX) in Edinburgh, Scotland regulatory flexibility analysis for STRIPS. The minimum par amount adopted Measure 4 (2006) which requirements of the Regulatory of a fixed-principal security that may be removed all species of the genus Flexibility Act, 5 U.S.C. 601–612. stripped is $100. Any par amount to be Arctocephalus, Fur Seals, from the list Although this rule is exempt from the of Specially Protected Species in stripped above $100 must be in a Regulatory Flexibility Act, it has Appendix A to Annex II to the Protocol multiple of $100. nonetheless been determined that this on Environmental Protection to the rule will not have a significant impact * * * * * Antarctic Treaty (The Protocol). These on a substantial number of small (c) * * * additions only reflect measures already businesses. For purposes of the (1) Minimum par amounts required adopted by the Consultative Parties at Paperwork Reduction Act (44 U.S.C. Antarctic Treaty Consultative Meetings. for STRIPS. The minimum par amount 3501 et seq.), these amendments to the of an inflation-protected security that DATES: Effective Date: March 20, 2008. existing regulations do not change the may be stripped is $100. Any par FOR FURTHER INFORMATION CONTACT: collection of information requirements amount to be stripped above $100 must Bijan Gilanshah, Office of the General contained in NSF’s existing regulations, which have already been approved by be in a multiple of $100. Counsel, at 703–292–8060, National Science Foundation, 4201 Wilson the Office of Management and Budget. * * * * * Boulevard, Room 1265, Arlington, List of Subjects in 45 CFR Part 670 I 8. Amend Appendix B to part 356 by Virginia 22230. Administrative practice and revising Section I, Paragraph C, SUPPLEMENTARY INFORMATION: The Subparagraph 4, to read as follows: procedure, Antarctica, Exports, Imports, Antarctic Conservation Act of 1978 Plants, Reporting and recordkeeping Appendix B to Part 356—Formulas and (ACA), as amended, (16 U.S.C. 2401, et requirements, Wildlife. Tables seq.) implements the Protocol on Environmental Protection to the Dated: March 17, 2008. * * * * * Antarctic Treaty. Annex II of the Lawrence Rudolph, C. Accrued Interest Protocol contains provisions for General Counsel. conservation of native Antarctic plants Pursuant to the authority granted by * * * * * and animals. Annex V contains 16 U.S.C. 2405(a)(1), NSF hereby 4. We round all accrued interest provisions for the protection of specially amends 45 CFR part 670 as set forth computations to five decimal places for a designated areas. Section 2405 of title below: $1,000 par amount, using normal rounding 16 of the ACA directs the Director of the procedures. We calculate accrued interest for National Science Foundation to issue PART 670—[AMENDED] a par amount of securities greater than $1,000 such regulations as are necessary and by applying the appropriate multiple to I appropriate to implement Annexes II 1. The authority citation for part 670 accrued interest payable for a $1,000 par and V to the Protocol. continues to read as follows: amount, rounded to five decimal places. We Authority: 16 U.S.C. 2405, as amended. calculate accrued interest for a par amount of The Antarctic Treaty Parties periodically adopt measures to establish securities less than $1,000 by applying the I 1. Section 670.25 is revised to read as appropriate fraction to accrued interest additional specially protected areas, follows: payable for a $1,000 par amount, rounded to specially managed areas and historical five decimal places. sites or monuments in Antarctica. This § 670.25 Designation of specially rule is being revised to add two new protected species of native mammals, * * * * * Antarctic Specially Managed Areas and birds, and plants. Gary Grippo, one new Historical Site and Monument. The following species has been Acting Fiscal Assistant Secretary. Finally, this revision reflects a decision designated as Specially Protected by the Consultative Parties to de-list all Species by the Antarctic Treaty Parties [FR Doc. E8–5713 Filed 3–19–08; 8:45 am] species of the genus Arctocephalus, Fur and is hereby designated Specially BILLING CODE 4810–39–P Seals, from the list of Specially Protected Species:

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14940 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

Common Name and Scientific Name ASPA 121 Cape Royds, Ross Island ASPA 154 Botany Bay, Cape Geology, Ross Seal—Ommatophoca rossii ASPA 122 Arrival Heights, Hut Point Victoria Land I 2. Section 670.29 is revised to read as Peninsula, Ross Island ASPA 155 Cape Evans, Ross Island follows: ASPA 123 Barwick and Balham ASPA 156 Lewis Bay, Mount Erebus, Valleys (see Measure 1, 2002), Ross Island § 670.29 Designation of Antarctic Specially Victoria Land ASPA 157 Backdoor Bay, Cape Royds, Protected Areas, Specially Managed Areas ASPA 124 Cape Crozier, Ross Island and Historic Sites and Monuments. Ross Island ASPA 125 Fildes Peninsula, King ASPA 158 Hut Point, Ross Island (a) The following areas have been George Island, South Shetland Islands ASPA 159 Cape Adare, Borchgrevink designated by the Antarctic Treaty ASPA 126 Byers Peninsula, Livingston Coast Parties for special protection and are Island, South Shetland Islands ASPA 160 Frazier Islands, Wilkes hereby designated as Antarctic Specially ASPA 127 Haswell Island Land, East Antarctica (see Measure 2, Protected Areas (ASPA). The Antarctic ASPA 128 Western shore of Admiralty 2003) Conservation Act of 1978, as amended, Bay, King George Island ASPA 161 Terra Nova Bay, Ross Sea prohibits, unless authorized by a permit, ASPA 129 Rothera Point, Adelaide ASPA 162 Mawson’s Huts, any person from entering or engaging in Island Commonwealth Bay, George V Land, activities within an ASPA. Detailed ASPA 130 ‘Tramway Ridge’, Mount East Antarctica (see Measure 2, 2004) maps and descriptions of the sites and Erebus, Ross Island ASPA 163 Dakshin Gangotri Glacier, complete management plans can be ASPA 131 Canada Glacier, Lake Dronning Maud Land obtained from the National Science Fryxell, Taylor Valley, Victoria Land ASPA 164 Scullin and Murray Foundation, Office of Polar Programs, ASPA 132 Potter Peninsula, ‘25 de Monoliths, Mac. Robertson Land, East National Science Foundation, Room Mayo’ (King George) Island, South Antarctica 755, 4201 Wilson Boulevard, Arlington, Shetland Islands ASPA 165 Edmonson Point, Wood Virginia 22230. ASPA 133 Harmony Point, west coast Bay, Ross Sea ASPA 101 Taylor Rookery, Mac. of Nelson Island, South Shetland Islands ASPA 166 Port-Martin, Terre Ade´lie Robertson Land, East Antarctica ASPA 167 Hawker Island, Vestfold ASPA 102 Rookery Islands, Holme ASPA 134 Cierva Point and offshore islands, Danco Coast, Antarctic Hills, Ingrid Christensen Coast, Bay, Mac. Robertson Land, East Princess Elizabeth Land, East Antarctica Peninsula ASPA 135 North-eastern Bailey Antarctica ASPA 103 Ardery Island and Odbert Peninsula, Budd Coast, Wilkes Land Island, Budd Coast, Wilkes Land, East (b) The following areas have been ASPA 136 Clark Peninsula, Budd Antarctica designated by the Antarctic Treaty Coast, Wilkes Land ASPA 104 Sabrina Island, Balleny Parties for special management and are ASPA 137 Northwest White Island, hereby designated as Antarctic Specially Islands McMurdo Sound ASPA 105 Beaufort Island, Ross Sea Managed Areas (ASMA). Detailed maps ASPA 138 Linnaeus Terrace, Asgaard and descriptions of the sites and (see ASPA 124) Range, Victoria Land ASPA 106 Cape Hallett, Victoria Land complete management plans can be ASPA 139 Biscoe Point, Anvers Island obtained from the National Science ASPA 107 Emperor Island, Dion ASPA 140 Parts of Deception Island, Islands, Marguerite Bay, Antarctic Foundation, Office of Polar Programs, South Shetland Islands National Science Foundation, Room Peninsula (see Measure 1, 2002) ASPA 141 ‘Yukidori Valley’, ASPA 108 Green Island, Berthelot 755, 4201 Wilson Boulevard, Arlington, Langhovde, Lu¨ tzow-Holmbukta Virginia 22230. Islands, Antarctic Peninsula ASPA 142 Svarthamaren, Mu¨ hlig- ASPA 109 Moe Island, South Orkney ASMA 1 Admiralty Bay, King George Hofmannfjella, Dronning Maud Land Island, South Shetland Islands Islands ASPA 143 Marine Plain, Mule ASMA 2 McMurdo Dry Valleys, ASPA 110 Lynch Island, South Orkney Peninsula, Vestfold Hills, Princess Southern Victoria Land Islands Elizabeth Land ASMA 3 Cape Denison, ASPA 111 Southern Powell Island and ASPA 144 ‘Chile Bay’ (Discovery Bay), Commonwealth Bay, George V Land adjacent islands, South Orkney Greenwich Island, South Shetland ASMA 4 Deception Island, South Islands Islands ASPA 112 Coppermine Peninsula, ASPA 145 Port Foster, Deception Shetland Islands Robert Island, South Shetland Islands Island, South Shetland Islands ASMA 5 Amundsen-Scott South Pole ASPA 113 Litchfield Island, Arthur ASPA 146 South Bay, Doumer Island, Station, South Pole Harbour, Anvers Island, Palmer Palmer Archipelago ASMA 6 Larsemann Hills, East Archipelago ASPA 147 Ablation Valley-Ganymede Antarctica ASPA 114 Northern Coronation Island, Heights, Alexander Island (c) The following areas have been South Orkney Islands ASPA 148 Mount Flora, Hope Bay, designated by the Antarctic Treaty ASPA 115 Lagotellerie Island, Antarctic Peninsula Parties as historic sites or monuments Marguerite Bay, Antarctic Peninsula ASPA 149 Cape Shirreff and San (HSM). The Antarctic Conservation Act ASPA 116 ‘New College Valley’, Telmo Island, Livingston Island, of 1978, as amended, prohibits any Caughley Beach, Cape Bird, Ross South Shetland Islands damage, removal or destruction of a Island ASPA 150 Ardley Island, Maxwell historic site or monument listed ASPA 117 Avian Island, off Adelaide Bay, King George Island pursuant to Annex V to the Protocol. Island, Antarctic Peninsula ASPA 151 Lions Rump, King George Descriptions of the sites or monuments ASPA 118 ‘Cryptogam Ridge’, Mount Island, South Shetland Islands can be obtained from the National Melbourne, Victoria Land ASPA 152 Western Bransfield Strait Science Foundation, Office of Polar ASPA 119 Davis Valley and Forlidas off Low Island, South Shetland Programs, National Science Foundation, Pond, Dufek Massif Islands Room 755, 4201 Wilson Boulevard, ASPA 120 ‘Pointe-Ge´ologie ASPA 153 Eastern Dallmann Bay off Arlington, Virginia 22230. Archipelego’, Terre Ade´lie Brabant Island, Palmer Archipelago HSM 1 Flag mast at South Pole

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14941

HSM 2 Rock cairn and plaques on HSM 38 Hut of Snow Hill Island, HSM 67 Rock shelter ‘Granite House’ Ongul Island, Prins Harald Kyst Antarctic Peninsula at Cape Geology, Granite Harbour HSM 3 Rock cairn and plaque on HSM 39 Hut at Hope Bay, Trinity HSM 68 Depot at Hells Gate Moraine, Proclamation Island, Enderby Land Peninsula, Antarctic Peninsula Inexpressible Island, Terra Nova Bay HSM 4 Bust and plaque at ‘Pole of HSM 40 Bust, grotto, statue, flag mast, HSM 69 Message post at Cape Crozier, Inaccessibility’ graveyard and stele at Hope Bay, Ross Island HSM 5 Rock cairn and plaque at Cape Trinity Peninsula, Antarctic HSM 70 Message post at Cape Bruce, Mac. Robertson Land Peninsula Wadworth, Coulman Island HSM 6 Rock cairn and canister at HSM 41 Hut and grave at Paulet HSM 71 Whaling station at Whalers Walkabout Rocks, Vestfold Hills, Island, Antarctic Peninsula Bay, Deception Island Princess Elizabeth Land HSM 42 Huts, magnetic observatory HSM 72 Cairn on Tryne Islands, HSM 7 Stone and plaque at Mabus and graveyard at Scotia Bay, Laurie Vestfold Hills Point, Queen Mary Land Island, South Orkney Islands HSM 73 Memorial Cross, Lewis Bay, HSM 8 Monument sledge and plaque HSM 43 Cross at ‘Piedrabuena Bay’, Ross Island at Mabus Point, Queen Mary Land Filchner Ice Front, Weddell Sea HSM 74 Wreckage of sailing ship, HSM 9 Cemetery on Buromskiy Island, HSM 44 Plaque at Nivlisen Ice Front, Elephant Island, South Shetland Queen Mary Land Princesse Astrid Kyst, Dronning Maud Islands HSM 10 Observatory at Bunger Hills, Land HSM 75 ‘A Hut’, Pram Point, Ross Queen Mary Land HSM 45 Plaque at Metchnikoff Point, Island HSM 11 Tractor and plaque at Vostok Brabant Island, Antarctic Peninsula HSM 76 Ruins of base ‘Pedro Aguirre Station HSM 46 Buildings and installations at Cerda’, Pendulum Cove, Deception Port-Martin, Terre Ade´lie Island HSM 14 Ice cave at Inexpressible ˘ Island, Terra Nova Bay, Scott Coast HSM 47 Building on Ile des Pe´trels, HSM 77 Cape Denison, Terre Ade´lie Commonwealth Bay, George V Land HSM 15 Hut at Cape Royds, Ross ˘ Island HSM 48 Cross on Ile des Pe´trels, Terre HSM 78 Memorial Plaque at India HSM 16 Hut at Cape Evans, Ross Ade´lie Point, Humboldt Mountains, Island HSM 49 Pillar at Bunger Hill, Queen Wohlthat Massif, central Dronning HSM 17 Cross at Cape Evans, Ross Mary Land Maud Land HSM 50 Plaque at Fildes Peninsula, Island HSM 79 Lilie Marleen Hut, Mt. HSM 18 Hut at Hut Point, Ross Island King George Island, South Shetland Dockery, Everett Range, Northern HSM 19 Cross at Hut Point, Ross Islands Victoria Land HSM 51 Grave and cross at Admiralty Island HSM 80 Amundsen’s Tent HSM 20 Cross on Observation Hill, Bay, King George Island, South HSM 81 Rocher du De´barquement Ross Island Shetland Islands (Landing Rock) HSM 52 Monolith at Fildes Peninsula, HSM 21 Hut at Cape Crozier, Ross HSM 82 Monument to the Antarctic King George Island, South Shetland Island Treaty and Plaque HSM 22 Hut at Cape Adare, Islands HSM 53 Monolith and plaques on [FR Doc. E8–5689 Filed 3–19–08; 8:45 am] Borchgrevink Coast Elephant Island, South Shetland BILLING CODE 7555–01–P HSM 23 Grave at Cape Adare, Islands Borchgrevink Coast HSM 54 Bust on Ross Island HSM 24 Rock cairn at Mount Betty, HSM 55 Buildings and artifacts on FEDERAL COMMUNICATIONS Queen Maud Range Stonington Island, Marguerite Bay, COMMISSION HSM 26 Installations at Barry Island, Antarctic Peninsula Debenham Islands, Marguerite Bay, HSM 56 Remains of hut and environs 47 CFR Parts 6 and 64 Antarctic Peninsula at Waterboat Point, Danco Coast, [CG Docket No. 03–123; FCC 07–110] HSM 27 Cairn with plaque at Antarctic Peninsula Megalestris Hill, Petermann Island, HSM 57 Plaque at ‘‘Yankee Bay’’ Sections 225 and 255 Interconnected Antarctic Peninsula (Yankee Harbour), MacFarlane Strait, Voice Over Internet Protocol Services HSM 28 Cairn, pillar and plaque at Greenwich Island, South Shetland (VoIP) Port Charcot, Booth Island, Antarctic Islands Peninsula HSM 59 Cairn on Half Moon Beach, AGENCY: Federal Communications HSM 29 Lighthouse on Lambda Island, Cape Shirreff, Livingston Island, Commission. Melchior Islands, Antarctic Peninsula South Shetland Islands ACTION: Final rule; announcement of HSM 30 Shelter at Paradise Harbour, HSM 60 Plaque and cairn at ’Penguins effective date. Danco Coast, Antarctic Peninsula Bay’, Seymour Island, James Ross HSM 32 Monolith on Greenwich Island archipelago SUMMARY: In this document, the Island, South Shetland Islands HSM 61 ‘Base A’ at Port Lockroy, Commission announces that the Office HSM 33 Shelter, cross and plaque on Goudier Island, off Wiencke Island, of Management and Budget (OMB) has Greenwich Island, South Shetland Antarctic Peninsula approved, for a period of three years, the Islands HSM 62 ‘Base F (Wordie House)’ on information collection associated with HSM 34 Bust on Greenwich Island, Winter Island, Argentine Islands the Commission’s 2007 Report and South Shetland Islands HSM 63 ‘Base Y’ on Horseshoe Island, Order concerning Sections 225 and 255 HSM 35 Cross and statue on Marguerite Bay, western Graham Land Interconnected Voice Over Internet Greenwich Island, South Shetland HSM 64 ‘Base E’ on Stonington Island, Protocol Services (VoIP). This notice is Islands Marguerite Bay, western Graham Land consistent with the Report and Order, HSM 36 Plaque at Potter Cove, King HSM 65 Message post on Foyn Island, which stated that the Commission George Island, South Shetland Islands Possession Islands would publish a document in the HSM 37 Statue at Trinity Peninsula, HSM 66 Cairn at Scott Nunataks, Federal Register announcing the Antarctic Peninsula Alexandra Mountains effective date of the rules.

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14942 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

DATES: The rules published at 72 FR time for gathering and maintaining the sea bass and approve, amend or reject 43546, August 6, 2007, are effective collection of information, is estimated to Amendment 15A by March 14, 2008. March 20, 2008. 47 CFR 6.11(a), 6.11(b), be: 5,711 respondents, a total annual DATES: NMFS approved Amendment 6.18(b), 6.19, 64.604(a)(5), hourly burden of 149,962 hours, and 15A, without modification, on March 64.604(c)(1)(i), 64.604(c)(1)(ii), $5,711,000 in total annual costs. 14, 2008. 64.604(c)(2), 64.604(c)(3), Under 5 CFR part 1320, an agency FOR FURTHER INFORMATION CONTACT: John 64.604(c)(5)(iii)(C), 64.604(c)(5)(iii)(E), may not conduct or sponsor a collection McGovern, telephone: 727–824–5305; 64.604(c)(5)(iii)(G), 64.604(c)(6)(v)(A)(3), of information unless it displays a fax: 727–824–5308; e-mail: 64.604(c)(6)(v)(G), 64.604(c)(7) and current, valid OMB Control Number. [email protected]. 64.606(b). No person shall be subject to any SUPPLEMENTARY INFORMATION: The South penalty for failing to comply with a FOR FURTHER INFORMATION CONTACT: Lisa Atlantic snapper-grouper fishery is collection of information subject to the Boehley, Consumer Policy Division, managed under the FMP. The FMP was Paperwork Reduction Act that does not Consumer & Governmental Affairs prepared by the South Atlantic Fishery display a current, valid OMB Control Bureau, at (202) 418–7395. Management Council (Council) and Number. SUPPLEMENTARY INFORMATION: This implemented by NMFS under the document announces that, on January The foregoing notice is required by authority of the Magnuson-Stevens Act 15, 2008, OMB approved, for a period of the Paperwork Reduction Act of 1995, by regulations at 50 CFR part 622. three years, the information collection Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. On December 28, 2007, NMFS requirements contained in the published a notice of availability of Commission’s Report and Order Federal Communications Commission. Amendment 15A and requested public concerning Sections 225 and 255 Marlene H. Dortch, comment (72 FR 73747). After Interconnected Voice Over Internet Secretary. considering the public comments Protocol Services (VoIP), FCC 07–110, [FR Doc. E8–5690 Filed 3–19–08; 8:45 am] received, NMFS approved Amendment published at 72 FR 43546, August 6, BILLING CODE 6712–01–P 15A, without modification, on March 2007. The OMB Control Number is 14, 2008. The background rationale for 3060–1111. The Commission publishes the measures in Amendment 15A are this notice as announcement of the contained in the amendment and the effective date of the rules. If you have DEPARTMENT OF COMMERCE notice of availability and are not any comments on the burden estimates National Oceanic and Atmospheric repeated here. listed below, or how the Commission Administration can improve the collections and reduce Comments and Responses any burdens caused thereby, please NMFS received 17 comment letters on 50 CFR Part 622 contact Cathy Williams, Federal Amendment 15A and the associated environmental impact statement. Two of Communications Commission, Room 1– RIN 0648–AU29 C823, 445 12th Street, SW., Washington, these comment letters supported the DC 20554. Please include the OMB Fisheries of the Caribbean, Gulf of proposed actions. The remaining Control Number, 3060–1111, in your Mexico, and South Atlantic; Snapper- comment letters opposed one or more of correspondence. The Commission will Grouper Fishery off the Southern the proposed actions for the reasons also accept your comments via the Atlantic States; Amendment 15A summarized below. Internet if you send them to Comment 1: One group stated [email protected]. AGENCY: National Marine Fisheries Amendment 15A should consider To request materials in accessible Service (NMFS), National Oceanic and management measures to address the formats for people with disabilities Atmospheric Administration (NOAA), Magnuson-Stevens Act’s requirement (Braille, large print, electronic files, Commerce. that an amendment designed to rebuild audio format), send an e-mail to ACTION: Notice of agency action. an overfished fishery must also allocate [email protected] or call the Consumer & both overfishing restrictions and Governmental Affairs Bureau at (202) SUMMARY: NMFS announces approval of recovery benefits fairly and equitably 418–0530 (voice), (202) 418–0432 Amendment 15A to the Fishery among sectors of the fishery. (TTY). Management Plan for the Snapper- Response: Amendment 15A is Grouper Fishery of the South Atlantic intended to comply with the Magnuson- Synopsis Region (FMP). Amendment 15A updates Stevens Act and satisfy a United States As required by the Paperwork management reference points for snowy district court ruling that found a plan to Reduction Act of 1995 (44 U.S.C. 3507), grouper, black sea bass, and red porgy rebuild snowy grouper and black sea the FCC is notifying the public that it based on the most recent stock bass should have been included in received OMB approval on January 15, assessments; modifies rebuilding Amendment 13C to the FMP because 2008, for the information collection schedules for snowy grouper and black the two species were overfished. requirements contained in the sea bass; defines rebuilding strategies Amendment 15A establishes the Commission’s rules at 47 CFR 6.11(a), for snowy grouper, black sea bass, and rebuilding plans but does not contain 6.11(b), 6.18(b), 6.19, 64.604(a)(5), red porgy; and redefines the minimum measures with direct regulatory effect; 64.604(c)(1)(i), 64.604(c)(1)(ii), stock size threshold for the snowy instead it specifies management 64.604(c)(2), 64.604(c)(3), grouper stock. The measures contained reference points, a timeframe for 64.604(c)(5)(iii)(C), 64.604(c)(5)(iii)(E), in the subject amendment are intended rebuilding overfished stocks, and a 64.604(c)(5)(iii)(G), 64.604(c)(6)(v)(A)(3), to both comply with the Magnuson- strategy for how overfished stocks will 64.604(c)(6)(v)(G), 64.604(c)(7) and Stevens Fishery Conservation and be rebuilt within the specified 64.606(b). The OMB Control Number is Management Act (Magnuson-Stevens timeframe, as required by the August 17, 3060–1111. The total annual reporting Act) and satisfy a U.S. district court’s 2007, court opinion and October 2, burden for respondents for these rulings to establish rebuilding plans for 2007, court order. Although collections of information, including the South Atlantic snowy grouper and black Amendment 13C did not have a

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14943

rebuilding plan, the amendment with the maximum sustainable yield The same assessment information used included measures with direct and thereby increase the probability that in Amendment 13C was used in regulatory effect necessary to end biomass would increase. Amendment 15A to specify overfishing of snowy grouper and black The preferred 10-year rebuilding management reference points, and sea bass, and therefore, initiate recovery schedule for black sea bass is also the rebuilding plans for snowy grouper, of those fisheries. The court determined longest allowed by the Magnuson- black sea bass, and red porgy. In the the measures in Amendment 13C were Stevens Act. However, the shortest court’s opinion issued in the North ‘‘fair and equitable’’ and in compliance rebuilding schedule (6 years) would not Carolina Fisheries Association case, the with national standard 4 of the be expected to rebuild black sea bass to judge concluded ‘‘the Secretary was not Magnuson-Stevens Act. The Council is the biomass at the maximum sustainable obliged to ’sit idly by’ when faced with considering additional management yield, even if retention of black sea bass overfishing and overfished stocks measures in Amendments 15B and 17 to is entirely prohibited. Black sea bass is simply because the data available to him ensure both overfishing restrictions and part of a multi-species fishery, and it is may have been less than perfect. In sum, recovery benefits would continue to be expected that these fish would still be the Secretary’s decision to act on the fairly and equitably allocated among caught incidentally and discarded dead basis of the existing information easily fishing sectors during the rebuilding when fishermen target co-occurring meets the standard of rationality periods for snowy grouper and black sea species. The Council’s preferred required of him.’’ The NMFS’ Southeast bass. rebuilding schedule would rebuild the Fisheries Science Center (SEFSC) Comment 2: One group of stock to healthy levels, over a slightly reviewed and certified Amendment 13C commenters supported fast-track longer time period and still within the and its supporting analyses as being strategies for fish stock recoveries. The allowable time frame, which would be based on the best available scientific commenters indicated such strategies less detrimental to the fishing information. The SSC and the SEFSC would minimize the number of years community dependent on the resource. have determined Amendment 15A is needed for recovery, benefitting fish Comment 3: Two commenters stated based on the best scientific information stocks as well as fishermen once stocks that despite NMFS’ assertion that the available. recovered. best available data were used in the Comment 4: One commenter stated Response: The Council evaluated a analyses supporting Amendment 15A, the cumulative impacts section of the broad range of alternatives for the they remain concerned that the stock EIS is inadequate because impacts from establishment of rebuilding schedules assessments do not provide adequate previous regulations on fishery for snowy grouper and black sea bass. A estimates of stock status. participants in all fisheries available to rebuilding schedule for red porgy was Response: Status determinations for them in the past have been ignored in established through Amendment 12, in snowy grouper, black sea bass, and red the analysis. 2000. The alternatives considered for porgy were derived from the Southeast Response: Amendment 15A, which is each proposed rebuilding schedule Data, Assessment and Review (SEDAR) integrated with the EIS, qualitatively action in Amendment 15A ranged from process. The SEDAR process involves a discusses cumulative impacts (Section those that would rebuild stocks in the series of three workshops designed to 4.5.2), and concludes that ‘‘it is not shortest amount of time in the absence ensure each stock assessment reflects possible to differentiate actual or of fishing mortality to those that would the best available scientific information. cumulative regulatory effects from rebuild stocks over the longest period of The findings and conclusions of each external cause-induced effects.’’ It also time allowed by the Magnuson-Stevens SEDAR workshop are documented in a states, ‘‘In general, it can be stated, Act. For snowy grouper, the Council’s series of reports, which are ultimately however, that the regulatory preferred alternative would rebuild the reviewed and discussed by the Council environment for all fisheries has become stock in 34 years, which is the and its Scientific and Statistical progressively more complex and maximum time allowed by the Committee (SSC). SEDAR participants, burdensome, increasing, in tandem with Magnuson-Stevens Act. However, Council advisory committees, the other adverse influence, the pressure on shorter rebuilding schedules would not Council, and NMFS staff reviewed and economic losses, business failure, be expected to rebuild the snowy considered these and other concerns occupational changes, and associated grouper stock to biomass at the about the adequacy of the data. The adverse pressures on associated maximum sustainable yield, even if Council’s snapper-grouper committee families, communities, and industries. retention was entirely prohibited due to acknowledged that while stock Some reverse of this trend is possible the incidental capture of snowy grouper assessment findings are uncertain, there and expected.’’ in this multi-species snapper-grouper is no reason to assume that uncertainty The integrated document also fishery. As release mortality is 100 leads to overly pessimistic or optimistic contains a discussion of potential percent, it is expected these fish would conclusions about stock status. adverse long-term socioeconomic still be caught incidentally and Therefore, uncertainty should not be impacts to some current fishery discarded dead when fishermen target used as a reason to avoid taking action. participants (Section 4.5.2). This section co-occurring species. Amendment 13C The adequacy of these data was at issue states that ‘‘Where losses are projected, reduced the allowable catch of snowy in the recent civil action, North Carolina as is always the case, individual losses grouper to the extent that fishermen are Fisheries Association, Inc., et al., v. may be so severe that some entities may not targeting the species and now only Carlos Gutierrez, Secretary, United not be able to remain in business long retain them as incidental catch. States Department of Commerce, Case enough to reap the benefits of a The preferred rebuilding strategy No. 06–1815 (D.D.C. 2006), where the recovered stock and increased long-term alternative for snowy grouper would plaintiffs claimed, among other things, resource stability. Thus, even though retain the total allowable catch (TAC) at that actions taken in Amendment 13C the fishery as a whole may benefit, 102,960 lb (46,702 kg) whole weight were inconsistent with national individual participants may suffer. until modified by future action. By standard 2 of the Magnuson-Stevens However, as is also the case, failure to keeping TAC at this level, fishing Act, which requires that all FMPs and take action can result in persistent mortality would decrease to levels less plan amendments ‘‘be based upon the foregone economic benefits, or more than the fishing mortality associated best scientific information available.’’ severe corrective action with greater

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14944 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations

adverse impacts if the period under stock and result in the least short-term time possible under the law (T(max)) to which recovery is mandated is negative socioeconomic effects. Red rebuild severely depleted fish stocks substantially shortened.’’ porgy is no longer undergoing such as snowy grouper. The integrated document also overfishing, and the stock is rebuilding. Response: Rebuilding schedules of 12 incorporates, by reference, discussion of An increase in TAC for 2009 reflects the and 23.5 years (Alternatives 2 and 3 in impacts associated with the regulatory improved status of the red porgy fishery. Amendment 15A, respectively) would measures associated with Amendment Snowy grouper and black sea bass are not be expected to rebuild the snowy 13C to the FMP. experiencing overfishing and are grouper stock to the biomass at the Comment 5: It is likely the overfished. Amendment 13C maximum sustainable yield, even if recreational allocation of snowy grouper implemented management measures retention of snowy grouper is entirely will be quite small, and any snowy over a 3-year period with the intent of prohibited. Snowy grouper is part of a grouper rebuilding schedule will be ending overfishing by 2009. At the multi-species fishery. Even with no compromised until the Council can put December 2007 Council meeting, the harvest, one would expect snowy into place an adequate method of Council elected to set the snowy grouper to be caught incidentally and accounting for recreational landings. grouper TAC at the 2008 level of released dead by fishermen when co- Response: Amendment 15B to the 102,960 lb (46,702 kg) whole weight occurring species were targeted. Snowy FMP, currently under development, rather than increase TAC to 109,360 lb grouper is a deepwater species, and includes alternatives to address (49,605 kg) whole weight in 2009. The release mortality is estimated to be 100 allocation of snowy grouper. Council was concerned that the 2009 percent; therefore, no incidentally Furthermore, Amendment 15B includes TAC was based on the yield at FMSY, captured snowy grouper would survive. alternatives that could modify the which would be considered to be a limit Actions taken in Amendment 13C regulations on the sale of bag limit rather than a target under the substantially reduced the allowable caught fish and, thus, improve reauthorized Magnuson-Stevens Act. By harvest of snowy grouper to a level that accounting of snowy grouper landings. keeping catch at 2008 levels, fishing would likely be taken incidentally. The Amendment 17 to the FMP is being mortality would decrease below FMSY longest rebuilding schedule allows developed to establish annual catch and the probability that overfishing had fishermen to retain snowy grouper that limits for species experiencing ended would increase. are incidentally caught rather than overfishing, including snowy grouper. The preferred rebuilding strategy for release dead fish. Snowy grouper Amendment 17 would also include black sea bass would also retain TAC at probably would not be able to rebuild in accountability measures to ensure the 2008 levels and could rebuild sea a shorter timeframe due to bycatch annual catch limits in the recreational bass 2 years ahead of schedule resulting mortality when fishermen target co- and commercial sectors are not in a very large increase in the allowable occurring species. The Council is exceeded and overfishing is prevented catch once the stock is rebuilt. As a considering the formation of a where possible and mitigated if it result, this alternative is expected to deepwater snapper-grouper unit in occurs. provide the greatest long-term, Amendment 17 to the FMP. The Council Comment 6: Six individuals biological effects to the stock and believes that managing the deepwater commented that the fishery would be associated ecosystem as well as species as a unit would decrease best served by utilizing the rebuilding significant economic benefits. discards of these species with high plan options which have the least effect Comment 7: One individual suggested release mortality rates. on fishing effort and harvest as possible. that a more reasonable approach to end Comment 9: One commenter stated They feel that the shorter the rebuilding overfishing would be through the the definition of minimum stock size schedule the more substantial establishment of a two-for-one permit threshold (MSST) at 0.75*SSBMSY is socioeconomic impacts on fishermen buyout program, and suggested anyone inappropriate and suggested retaining will be, and they would like those holding a permit is entitled to an equal the MSST definition at (1–M)*SSBMSY. impacts minimized as much as possible. allocation of fish. Response: The current definition of These commenters also noted that Response: A two-for-one permit MSST is (1–M)*SSBMSY or 0.5*SSBMSY, fishing effort could shift to other buyout program would address the whichever is greater, where M equals species. number of allowed participants over the the natural mortality rate. The relatively Response: The Council’s preferred long term but would not immediately or low estimation of M (0.12) produces an rebuilding schedule alternatives for directly address overfishing. The MSST that is similar to SSBMSY. By snowy grouper and black sea bass are Council implemented a 2 for 1 permit modifying the current definition of the maximum length of time allowed by program in 1998, and many snapper MSST for snowy grouper to 0.75*BMSY, the Magnuson-Stevens Act and would grouper species are still experiencing the Council is hoping to avoid a have less of a negative short-term social overfishing. The possibility of using a situation where the natural variation in and economic impact than shorter limited access privilege (LAP) program recruitment causes the stock biomass to rebuilding schedules. Some effort shift in the South Atlantic snapper-grouper frequently alternate between an to other fisheries could occur as a result fishery is being considered in overfished and rebuilt condition, even if of management measures imposed Amendment 18 to the FMP. Such a the fishing mortality rate applied to the through Amendment 13C, however, program would further limit fishery stock was within the limits specified by longer rebuilding schedules are likely to participation and would be created with the maximum fishing mortality cause less effort shifting than shorter the intent to prevent and/or end threshold. Such a situation could create rebuilding schedules, which would overcapitalization of the fishery. administrative difficulties if the require more stringent management Allocations for certain snapper-grouper overfished threshold was met and a regulations. An 18-year rebuilding species are being considered in snapper- rebuilding plan was unnecessarily schedule for red porgy was specified grouper Amendment 15B, Amendment triggered. Regardless of which MSST through Amendment 12 to the FMP in 16, and a comprehensive allocation definition is chosen, snowy grouper is 2000. Also, the Council considered the amendment, which are in development. overfished and biomass is well below rebuilding strategy alternatives that Comment 8: One group recommended the threshold that would trigger a would have the greatest benefit to the against using the maximum amount of rebuilding plan. The recent SEDAR

VerDate Aug<31>2005 13:27 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Rules and Regulations 14945

assessment estimates current biomass of a fishing mortality rate that Amendment 13C. Discussion in snowy grouper at 18 percent of approximates FOY. For black sea bass, Amendment 15A also indicates snowy SSBMSY. the TAC in 2009 is established at the grouper bycatch could be reduced Comment 10: Several commenters yield when fishing at MSY. However, through future actions in Amendment objected to the modified F rebuilding with the preferred constant catch 17. Alternatives in Amendment 17 strategies because they either fail to strategy, the TAC for 2009 (847,000 lb include actions to establish a deepwater achieve optimum yield, or fail to (384,193 kg whole weight) would unit composed of co-occurring species prevent overfishing by using TACs set at remain in effect beyond 2009 until and would establish management FMSY. modified. Holding catch at constant measures for the deepwater unit Response: Achievement of OY has levels as the stock rebuilds would be including an aggregate trip limit and a been specified in Amendment 15A expected to gradually reduce the fishing quota. Alternatives would also consider through the selection of the preferred mortality rate to FOY by 2010, increasing prohibiting all purchase and sale of rebuilding strategy alternatives for the chance overfishing will end and the species in the unit after any of the snowy grouper, red porgy, and black sea stock will rebuild. The preferred individual quotas are met. Although bass. An estimate of OY is the target rebuilding strategy alternatives for some bycatch of species in the unit when a stock is rebuilt and plans can snowy grouper, red porgy, and black sea could occur when targeting shelf edge transition from rebuilding to OY bass are expected to provide the greatest species, management of the deepwater management. OY for each of the subject long-term, biological effects to the species as a unit is expected to species has been defined in the stocks and associated ecosystem substantially reduce bycatch of snowy amendment. The preferred rebuilding throughout their entire rebuilding time grouper. Amendment 17 would also strategies are expected to achieve the frames. establish ACLs and accountability OY target for each species within the Comment 11: Any fishery measures for snowy grouper and other rebuilding schedule time frame, while management plan must include species experiencing overfishing, minimizing to the extent practicable, measures that minimize bycatch and further reducing bycatch. adverse socioeconomic impacts. unavoidable bycatch mortality to the Prior to December 2007, the preferred extent practicable. Amendment 15A Comment 12: One individual stated rebuilding strategy for snowy grouper does not contain any discussion of that Amendment 15A would prevent the remaining fishermen from making a was based on the yield at FMSY. bycatch reduction in the deepwater However, in response to comments from complex. living, and would increase the cost of The Ocean Conservancy, the Council, at Response: Although no measures in fish. its December 2007 meeting, added a the amendment involve regulatory Response: Retaining existing values new sub-alternative for snowy grouper changes, the preferred rebuilding for the reference points and subsequent that would not increase the TAC; alternative for red porgy that would allowance of harvest at the respective thereby setting yield based on a fishing increase TAC beyond 2008 levels MSY value may lead to excessive mortality rate less than FMSY. By leaving accounts for an estimate of increase in exploitation, precipitating imposition in the TAC at the 2008 level, the allowable dead discards. Preferred rebuilding the future of more restrictive fishing mortality rate will decrease strategies for snowy grouper and black management measures and reductions below FMSY and increase the chance sea bass keep TAC at 2008 levels; in economic and social benefits. Once overfishing will end and the stock will however, other alternatives considered the resource is rebuilt, consistent with rebuild. In addition, based on the that increase TAC in 2009 account for the rebuilding plans in Amendment reauthorized Magnuson-Stevens Act, it an increased estimate of dead discards 15A, the specification of MSY/OY and would be difficult to justify increasing that could occur. In addition, the related increase in total allowable the TAC before a stock assessment Amendment 15A contains a discussion harvest and reduced harvest restrictions indicates overfishing is ended. A 2010 on bycatch of snowy grouper in the would support increased economic and assessment update for snowy grouper bycatch practicability section and social benefits of the fishery. will determine if management measures includes estimates of the magnitude of Authority: 16 U.S.C. 1801 et seq. have been effective in ending bycatch that are currently occurring in overfishing, and if so, warrant a the commercial and recreational sectors. Dated: March 14, 2008. subsequent increase in TAC, which Furthermore, Appendix E to Samuel D. Rauch III, would help achieve optimum yield. Amendment 15A provides estimates of Deputy Assistant Administrator For The TAC for red porgy, as specified dead discards that could occur in Regulatory Programs, National Marine through the preferred rebuilding fisheries for snowy grouper, black sea Fisheries Service. strategy alterative is set below the yield bass, and red porgy as a result of new [FR Doc. E8–5655 Filed 3–19–08; 8:45 am] when fishing at MSY and will result in management measures imposed through BILLING CODE 3510–22–S

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 ebenthall on PRODPC61 with RULES 14946

Proposed Rules Federal Register Vol. 73, No. 55

Thursday, March 20, 2008

This section of the FEDERAL REGISTER electronic form will be made available For the Nuclear Regulatory Commission. contains notices to the public of the proposed to the public in their entirety in NRC’s Annette Vietti-Cook, issuance of rules and regulations. The Agencywide Documents Access and Secretary of the Commission. purpose of these notices is to give interested Management System (ADAMS). [FR Doc. E8–5650 Filed 3–19–08; 8:45 am] persons an opportunity to participate in the Personal information, such as your rule making prior to the adoption of the final BILLING CODE 7590–01–P rules. name, address, telephone number, e-mail address, etc., will not be removed from your submission. NUCLEAR REGULATORY NUCLEAR REGULATORY Mail comments to: Secretary, U.S. COMMISSION COMMISSION Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: 10 CFR Part 51 10 CFR Parts 20, 30, 40, 50, 70 and 72 Rulemakings and Adjudications Staff. [Docket No. PRM–51–1] RIN 3150–AH45 E-mail comments to: [email protected]. If you New England Coalition on Nuclear [NRC–2008–0030] do not receive a reply e-mail confirming Pollution; Denial of Petition for Rulemaking Decommissioning Planning; Extension that we have received your comments, of Comment Period contact us directly at 301–415–1677. AGENCY: Nuclear Regulatory Comments can also be submitted via the Commission. AGENCY: Nuclear Regulatory Federal eRulemaking Portal http:// ACTION: Denial of petition for Commission. www.regulations.gov. rulemaking. ACTION: Proposed rule: Extension of Hand deliver comments to: 11555 comment period. Rockville Pike, Rockville, Maryland SUMMARY: The Nuclear Regulatory 20852, between 7:30 a.m. and 4:15 p.m. Commission (NRC) is denying a petition SUMMARY: On January 22, 2008 (73 FR Federal workdays. (Telephone 301–415– for rulemaking (PRM–51–1) submitted 3812), the Nuclear Regulatory 1677). by the New England Coalition on Commission (NRC) published for public Fax comments to: Secretary, U.S. Nuclear Pollution (now New England comment a proposed rule on Nuclear Regulatory Commission at 301– Coalition (NEC)). The petitioner Decommissioning Planning. The public 415–1101. requested that the NRC revise the value comment period for this proposed rule for radon-222 in Table S–3, ‘‘Table of Publicly available documents related was to have expired on April 7, 2008. Uranium Fuel Cycle Environmental to this rulemaking, including comments, The Nuclear Energy Institute (NEI) and Data,’’ of 10 CFR part 51, may be viewed electronically on the several other stakeholders have ‘‘Environmental Protection Regulations public computers located at the NRC’s requested an extension of 90 days. After for Domestic Licensing and Related Public Document Room (PDR), O1 F21, due consideration of the requests and Regulatory Functions,’’ because it did One White Flint North, 11555 Rockville considering the staff’s previous efforts at not disclose the long-term and long- Pike, Rockville, Maryland. The PDR public outreach during this rulemaking, range health effects of radon gas reproduction contractor will copy the NRC has decided to extend the released from uranium mill tailings documents for a fee. comment period by 30 days, until May piles. 8, 2008. In a letter dated February 29, Publicly available documents created 2008, NEI requested the additional time or received at the NRC after November ADDRESSES: For a copy of the petition, to provide review of the legacy site 1, 1999, are available electronically at write to Michael T. Lesar, Chief, issues raised in the proposed rule, and the NRC’s Electronic Reading Room at: Rulemaking, Directives, and Editing to provide input to the NRC staff http://www.nrc.gov/reading-rm/ Branch, Division of Administrative regarding the specific proposed rule adams.html. From this site, the public Services, Office of Administration, U.S. text, potential unintended consequences can gain entry into ADAMS, which Nuclear Regulatory Commission, of the rulemaking, and draft regulatory provides text and image files of NRC’s Washington, DC 20555–0001; telephone: guidance released with the proposed public documents. If you do not have 301–415–7163; e-mail: [email protected]. rule. access to ADAMS or if there are Publicly available documents related problems in accessing the documents to this petition may be viewed DATES: The comment period has been located in ADAMS, contact the PDR electronically on public computers in extended and now expires on May 8, the NRC’s public document Room 2008. Comments received after this date Reference staff at 1–800–397–4209, 301– 415–4737 or by e-mail to [email protected]. (PDR), O–1 F21, One White Flint North, will be considered if it is practical to do 11555 Rockville Pike, Rockville, so, but the NRC is able to assure FOR FURTHER INFORMATION CONTACT: Maryland. The PDR reproduction consideration only for comments Kevin O’Sullivan, telephone (301) 415– contractor will copy documents for a received on or before this date. 8112, e-mail, [email protected] of the Office fee. ADDRESSES: You may submit comments of Federal and State Materials and Publicly available documents created by any one of the following methods. Environmental Management Programs, or received at the NRC after November Please include the following number U.S. Nuclear Regulatory Commission, 1, 1999, are also available electronically RIN 3150–AH45 in the subject line of Washington, DC 20555–0001. at the NRC’s Electronic Reading Room your comments. Comments on Dated at Rockville, Maryland, this 14th day at: http://www.nrc.gov/NRC/ADAMS/ rulemakings submitted in writing or in of March 2008. index.html. From this site, the public

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules 14947

can gain entry into the NRC’s 5. The magnitude of the potential As further reflected in the April 14, Agencywide document Access and death toll from mill tailings alone is so 1978 notice, the Commission resolved Management System (ADAMS), which great as to alter the previous judgment the petitioner’s fourth issue, namely, provides text and image files of NRC’s on these matters and to require, as a that Table S–3 does not provide a public documents. If you do not have minimum, a reassessment of previous meaningful representation of health access to ADAMS or if there are conclusions to authorize construction effects, by amending Footnote 1 to Table problems in accessing the documents and operation of nuclear reactors and a S–3 to indicate that health effects are located in ADAMS contact the NRC’s postponement of resolution of all not covered in the table and may be PDR Reference staff at 1–800–397–4209, pending applications for construction or litigated in individual cases. 301–415–4737, or by e-mail to operation authority until final Finally, regarding the petitioner’s fifth [email protected]. resolution of this issue by the issue, the Commission in the April 14, Commission. FOR FURTHER INFORMATION CONTACT: 1978 notice, denied the petitioner’s The NRC published a notice of receipt request to halt the licensing of reactors Stewart Schneider, Office of Nuclear of petition on January 16, 1976 (41 FR Reactor Regulation, U.S. Nuclear and to reopen all proceedings where 2448). The notice of receipt invited construction or operation had already Regulatory Commission, Washington, interested persons to submit written DC 20555–0001; telephone: 301–415– been authorized. The Commission comments on the petition. Comments concluded that the actions it had taken 4123; e-mail [email protected]. were received from 10 organizations. SUPPLEMENTARY INFORMATION: (as described previously) effectively The Commission resolved the public addressed the concerns raised by the Background comments as discussed in a Federal petitioner. Register notice published on April 14, On November 25, 1975, the NRC 1978 (43 FR 15613). Reasons for Denial docketed a petition for rulemaking (PRM–51–1) dated November 19, 1975, Response to the Petition The NRC is denying the remaining filed by Roisman, Kessler, and Cashdan, In its April 14, 1978 notice, the outstanding issue from the petition for on behalf of the New England Coalition Commission resolved the petitioner’s rulemaking (PRM–51–1) submitted by on Nuclear Pollution, now New England first issue (concerning the value for the New England Coalition on Nuclear Coalition (NEC). The petitioner radon-222 in Table S–3), in part, when Pollution (now New England Coalition requested the Commission to issue a it amended Table S–3 by deleting the or NEC), namely, the revision of the number of amendments to 10 CFR part value for radon-222.1 The Commission, value for radon-222 in Table S–3. 51, Table S–3, ‘‘Table of Uranium Fuel however, deferred instituting any The update to Table S–3 was delayed Cycle Environmental Data,’’ and to rulemaking on the radon issue, because, by the mid-1980s, there were postpone resolution of pending including the insertion of a revised no new applications for construction of applications for construction or value for radon-222, pending generic nuclear power plants, nor, at that time, operation of nuclear power plants and consideration of the issue. The generic were any future ones predicted. to reassess the conclusions for previous consideration of the radon-222 value in Consequently, there was no regulatory authorizations for construction or Table S–3 remained the one outstanding need to update Table S–3 and operation of nuclear power plants. Table item of this petition and is now resolved competing priorities for rulemaking S–3 lists environmental data to be used by this denial, as explained under the resources eventually resulted in the by applicants and the NRC staff as the ‘‘Reasons for Denial’’ section below. cessation of activities on the table. Since basis for evaluating the environmental As reflected in the April 14, 1978 the mid-1980s, the NRC has revisited effects of the portions of the fuel cycle notice, the Commission resolved the the issue of revising the value for radon- that occur before new fuel is delivered second and third issues raised by the 222 in Table S–3 on more than one to the plant and after spent fuel is petition when the Commission occasion, but in each case higher removed from the plant site for light- published a revised Table S–3 on March priority rulemakings led to a halt in water reactors (LWRs). 14, 1977 (42 FR 13803). In this revision, these efforts. The petitioner stated that: the Commission added carbon-14 to the The NRC is denying the remaining 1. Table S–3 ‘‘seriously understates’’ table and revised the release values for outstanding issue in PRM–51–1, the impact on human safety and health krypton-85 and tritium upwards. revising the value for radon-222 in by disregarding the long-term effects of Differences in the petitioner’s release Table S–3 of 10 CFR part 51, because certain long-lived radionuclides and estimates and those of the NRC staff the NRC has made a generic that the health effects of uranium were due to differences in the models determination that the radiological mining and milling listed in the table used. The basis for the NRC models is impacts of the uranium fuel cycle, fail to disclose the long-term and long- described in detail in NUREG–0116, including those from radon-222 range health effects of radon-222 ‘‘Environmental Survey of the emissions, on individuals off-site will released from tailings piles; Reprocessing and Waste Management remain at or below the Commission’s 2. The health effects of krypton-85 Portions of the LWR Fuel Cycle,’’ regulatory limits, and as such, are of and tritium releases from fuel October 1976, and NUREG–0216, small significance. The NRC described reprocessing plants are underestimated ‘‘Public Comments and Task Force this generic determination and in Table S–3; Responses Regarding the Environmental conclusion in chapter 6 of the Generic 3. Releases of carbon-14 from the fuel Survey of the Reprocessing and Waste Impact Statement for License Renewal cycle should be included in Table S–3; Management Portions of the LWR Fuel of Nuclear Plants, NUREG–1437, May 4. Table S–3, by the exclusive use of Cycle,’’ March 1977. 1996, (NUREG–1437),2 which was in the term ‘‘man-rems,’’ does not provide turn, based upon the findings made in a meaningful representation of these 1 The original radon-222 value in Table S–3 was NRC and Environmental Protection health effects, and that human deaths 75 curies followed by the statement, ‘‘Principally from mills—maximum annual dose rate < 4 percent from man-rem exposures provide a more of average natural background within 5 mi of mill. 2 NUREG–1437, Ch. 6., § 6.2.2.1 (pp. 6–8 to 6–18), easily comprehended consequence of Results in 0.06 man-rem per annual fuel § 6.2.4 (pp. 6–27 to 6–28), and § 6.6 (pp. 6–87 to 6– the fuel cycle activities; and requirement.’’ 88).

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS 14948 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules

Agency (EPA) rulemakings as described NRC rule added provisions to fill a • 100 years (covering fully intact), 10 below. regulatory gap related to the timing and Ci/year for the next 400 years (covering monitoring of NRC or Agreement State partially failed), and 100 Ci/year for EPA and NRC Regulatory Programs licensed mill tailings piles. In a related periods beyond 500 years (covering Section 84a(2) of the Atomic Energy July 15, 1994 rulemaking, EPA found failed).10 Act (AEA) requires NRC to conform its that the NRC regulatory program • The doses from radon-222 regulations to EPA’s regulations concerning radon-222 emissions from emissions from mines and tailings piles promulgated under the Uranium Mill these tailings piles ‘‘protect public consist of tiny doses summed over large Tailings Radiation Control Act, 42 health with an ample margin of safety’’ populations (the doses are very small U.S.C. 2022, 7901–7942 (UMTRCA) for and that the ‘‘NRC’s implementation fractions of regulatory limits, and even the protection of the public health, criteria set forth a rigorous program smaller fractions of natural background safety and the environment from governing the reclamation of the exposure to the same population); and • radiological and non-radiological disposal sites so that closure will (1) last As each uranium fuel cycle facility hazards associated with the processing for 1,000 years to the extent reasonable, licensee must ensure that the and with the possession, transfer, and but in any event at least 200 years, and radioactive dose from such facility is disposal of byproduct material as (2) limit radon release to 20 pCi/m2-s within the limit and be as low as defined under section 11(e)(2) of the throughout that period.’’ 7 reasonably achievable (ALARA), the AEA, e.g., uranium mill tailings. EPA’s doses to individual members of the regulations at Subpart D of 40 CFR part NUREG–1437 public are considered by the NRC staff 192 set forth a design standard requiring In 1996, the NRC incorporated the to be small. that the tailings or wastes from mill above EPA regulatory findings and NRC NUREG–1437 served as the basis for operations be covered to provide standards reflected in 10 CFR part 40, the NRC rulemaking which amended 10 reasonable assurance that radon Appendix A into NUREG–1437. CFR part 51, insofar as license renewal released to the atmosphere from the Specifically, the NRC ‘‘supplements the impact considerations are concerned. tailings or wastes will not exceed an data on environmental impacts of the This rulemaking summarized the average of 20 picocuries per square uranium fuel cycle presented in Table NUREG–1437 findings regarding the 2 meter per second (pCi/m -s) flux for S–3 * * * to extend the coverage of impacts of radon-222 emissions and 1000 years, to the extent reasonably impacts to 222Rn, 99Tc, higher fuel stated that ‘‘impacts on individuals from achievable, and in any case, for 200 enrichment, higher fuel burnup, and radioactive gaseous and liquid releases years.3 In 1985, the NRC conformed its including radon-222 and technetium 99 license renewal of up to 20 additional 11 regulations at 10 CFR part 40, Appendix years of operation.’’ 8 are small.’’ The NRC provided ample A, to EPA’s regulations at Subpart D of NUREG–1437 made the following opportunity for public comment on both 40 CFR part 192, by adopting the 20 findings: the draft and final versions of NUREG– 2 4 pCi/m -s flux standard. The NRC • Principal radon releases occur 1437 and the related amendments to regulations at 10 CFR part 40, Appendix during mining and milling operations part 51, including the issue concerning the impacts of radon-222 emissions.12 A apply to NRC or Agreement State and as emissions from mill tailings; Although NUREG–1437 concerned licensed mill tailings piles. • The long-term integrity of the An EPA risk assessment conducted as license renewals, the NRC notes that the coverings for stabilized mill tailings part of the 1989 EPA National Emission NUREG–1437 radon-222 impact piles must be maintained because the Standard for Hazardous Air Pollutants determination is not unique to the fuel EPA and NRC regulatory standards (40 rulemaking (promulgating 40 CFR part cycle for renewed licenses and can be CFR part 192 and 10 CFR part 40, 61, subparts T and W), consisting of a applied to all NRC actions. In this Appendix A) require certification of two-step analysis, established that stability and the control of average compliance with the 20 pCi/m2-s flux 10 NUREG–1437 sets forth the NRC staff’s radon- radon flux levels to 20 pCi/m2-s; standard for radon emissions from 222 data in tabular format: Table 6.1 (p. 6–10) • The design and implementation of shows data for radon releases from mining and uranium mill tailings piles would result the radon cover and erosion protection milling operations and mill tailings piles for each in an estimated lifetime risk of cancer to RRY; Table 6.2 (p. 6–10) shows data for the features are the primary reliance for the maximally exposed individual of estimated 100-year environmental dose maintaining radon emissions within the approximately 1E–4, a level determined commitment from mining and milling for each RRY 10 CFR part 40 limits and significant (i.e., prior to closure or stabilization of the tailings by EPA to be safe, under the first step failure of the coverings for stabilized piles); Table 6.3 (p. 6–12) shows population-dose of the analysis, and provided an ample commitments from unreclaimed open-pit mines for mill tailings piles is considered highly margin of safety under the second step, each RRY; and Table 6.4 (p. 6–12) shows unlikely; which considered additional factors population-dose commitments from stabilized • A combination of engineering and tailings piles for each RRY. such as cost and technological 11 institutional controls will most likely 11 61 FR 28467, 28494 (June 5, 1996), now feasibility.5 codified at 10 CFR part 51, Subpart A, App. B, result in compliance with the 20 pCi/ Table B–1. On June 1, 1994, the NRC published 2 m 12 a final rule which conformed its -s flux standard for the foreseeable 56 FR 47016, 47022 (September 17, 1991) regulations at 10 CFR part 40, Appendix future; (proposed rule); 61 FR 28467, 28477–78, 28494 • (June 5, 1996) (final rule). The June 5, 1996 final A, to amendments made by EPA in 1993 For long-term radon releases from stabilized mill tailings piles, the NRC rule provided for an additional 30 day comment to Subpart D of 40 CFR part 192.6 The period, requesting that commenters give ‘‘specific staff has assumed that the tailings EPA amendments and the conforming attention’’ to a number of issues, including ‘‘the would emit, per reference reactor year cumulative radiological effects from the uranium 9 fuel cycle.’’ 61 FR 28467. In a December 18, 1996 3 (RRY), 1 Ci/year for 40 CFR 192.32(b); see also 48 FR 45926 (October final rule, the NRC responded to the one comment 7, 1983). received on the radiological impacts of the uranium 4 50 FR 41852 (October 16, 1985). 7 59 FR 36280, 36283 (July 15, 1994). fuel cycle, from EPA, which requested clarification 5 54 FR 51654, 51682–83 (December 15, 1989); see 8 NUREG–1437, § 6.1 (p. 6–1). on the collective effects, over time, on human also 59 FR 36280, 36281, 36287–88 (July 15, 1994). 9 The ‘‘reference reactor’’ is a model 1000–MW(e) populations. 61 FR 66537, 66539–40 (December 18, 6 59 FR 28220 (June 1, 1994). The EPA final rule light-water reactor. One reference reactor year 1996). The December 18, 1996 final rule made amending 40 CFR part 192, Subpart D was (RRY) would be one year of operation of such minor clarifying and conforming changes to 10 CFR published on November 15, 1993 (58 FR 60340). model reactor. part 51.

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules 14949

regard, the NRC has received, and DEPARTMENT OF TRANSPORTATION Aviation Administration, P.O. Box expects to continue to receive, 20636, Atlanta, Georgia 30320; applications for licenses to build and Federal Aviation Administration telephone (404) 305–5610. operate new nuclear power plants. For SUPPLEMENTARY INFORMATION: these applications, the NRC assesses the 14 CFR Part 71 Comments Invited validity of the value for radon-222 in the [Docket No. FAA–2008–0154; Airspace environmental report submitted by the Docket No. 08–ASO–10] Interested persons are invited to applicant for a construction permit, comment on this rule by submitting early site permit, or combined license Establishment of Class E Airspace; such written data, views, or arguments, for a nuclear power reactor to determine Canon, GA as they may desire. Comments that any impacts to the environment. The provide the factual basis supporting the NRC staff scales data to the model AGENCY: Federal Aviation views and suggestions presented are reactor described in NUREG–1437 to Administration (FAA), DOT. particularly helpful in developing arrive at figure for the expected radon- ACTION: Notice of proposed rulemaking. reasoned regulatory decisions on the 222 emissions resulting from the proposal. Comments are specifically operation of the proposed plant. The SUMMARY: This action proposes to invited on the overall regulatory, health, safety and environmental establish Class E Airspace at Canon, GA. aeronautical, economic, environmental, impacts of the expected radon-222 Airspace is needed to support new Area and energy-related aspects of the emissions are evaluated on an Navigation (RNA V) Global Positioning proposal. Communications should application-specific basis, using the System (GPS) Standard Instrument identify both docket numbers and be NUREG–1437 generic analysis and Approach Procedures (SIAPs) that have submitted in triplicate to the address assessment.13 been developed for Franklin County listed above. Those wishing the FAA to The NRC has determined that, at this Airport. As a result, controlled airspace acknowledge receipt of their comments time, revising the value for radon-222 in extending upward from 700 feet Above on this notice must submit with those Table S–3, as requested in PRM–51–1, Ground Level (AGL) is needed to comments a self-addressed, stamped does not provide any benefit over the contain the SIAP and for Instrument postcard on which the following NRC’s current application-specific Flight Rule (IFR) operations at Franklin statement is made: ‘‘Comments to review. In Staff Requirements County Airport. The operating status of Docket No. FAA–2008–0154; Airspace Memorandum COMGBJ–07–0002, dated the airport will change from Visual docket No. 08–ASO–10.’’ The postcard August 6, 2007, the Commission agreed Flight Rules (VFR) to include IFR will be date/time stamped and returned that PRM–51–1 should be closed. operations concurrent with the to the commenter. All communications publication of the SIAP. This action received before the specified closing Conclusion enhances the safety and airspace date for comments will be considered For the reasons described above, the management of Franklin County before taking action on the proposed NRC finds that a rulemaking to revise Airport, Canon, GA. rule. The proposal contained in this the radon-222 value in Table S–3 is not DATES: Comments must be received on notice may be changed in light of the necessary. The NRC’s prior deletion of or before May 5, 2008. comments received. A report the value for radon-222 in Table S–3 did ADDRESSES: Send comments on this rule summarizing each substantive public grant, in part, the petitioner’s request to: U.S. Department of Transportation, contact with FAA personnel concerned regarding the value for radon-222. The Docket Operations, West Building with this rulemaking will be filed in the Commission is now denying the Ground Floor, Room W12–140, 1200 docket. remaining outstanding issue of the New Jersey, SE., Washington, DC Availability of NPRMs petitioner’s request by not revising 20590–0001; Telephone: 1–800–647– An electronic copy of this document Table S–3 to include a revised value for 5527; Fax: 202–493–2251. You must may be downloaded from and radon-222. identify the Docket Number FAA–2008– comments submitted through http:// Closing the petition does not preclude 0154; Airspace Docket No. 08–ASO–10, www.regulations.gov. Recently the NRC from taking future regulatory at the beginning of your comments. You published rulemaking documents can action to amend Table S–3. The NRC may also submit and review received also be accessed through the FAA’s Web will continue to evaluate, as part of its comments through the Internet at page at http://www.faa.gov or the annual review of potential rulemaking http://www.regulations.gov. Federal Register’s Web page at: http:// activity, the need to amend Table S–3. You may review the public docket www.gpoaccess.gov/fr/index.html. For the reasons cited in this containing the rule, any comments Persons interested in being placed on a document, the NRC denies this petition. received, and any final disposition in mailing list for future NPRM’s should Dated at Rockville, Maryland, this 11th day person in the Dockets Office (see contact the FAA’s Office of Rulemaking, of March, 2008. ADDRESSES section for address and (202) 267–9677, to request a copy of For the Nuclear Regulatory Commission. phone number) between 9 a.m. and 5 Advisory Circular No. 11–2A, Notice of Luis A. Reyes, p.m., Monday through Friday, except Proposed Rulemaking Distribution Executive Director for Operations. Federal Holidays. System, which describes the application An informal docket may also be [FR Doc. E8–5647 Filed 3–19–08; 8:45 am] procedure. examined during normal business hours BILLING CODE 7590–01–P at the office of the Eastern Service The Proposal Center, Federal Aviation 13 See, e.g., NRC final environmental impact The FAA is considering an statements for early site permits to construct new Administration, Room 210, 1701 amendment to part 71 of the Code of nuclear reactor facilities at Dominion’s North Anna Columbia Avenue, College Park, Georgia Federal Regulations (14 CFR part 71) to Power Station, in Louisa County, Virginia (NUREG– 30337. establish Class E airspace at Canon, GA. 1811, § 6.1.1.5); Exelon’s Clinton Power Station, FOR FURTHER INFORMATION CONTACT: near Clinton, Illinois (NUREG–1815, § 6.1.1.5); and Area Navigation (RNAV) Global Entergy’s Grand Gulf Nuclear Station, near Port Melinda Giddens, System Support Positioning System (GPS) Standard Gibson, Mississippi (NUREG–1817, § 6.1.1.5). Group, Eastern Service Center, Federal Instrument Approach Procedures

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS 14950 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules

(SIAPs) that have been developed for PART 71—DESIGNATION OF CLASS A, brook trout throughout its known Franklin County Airport and controlled CLASS B, CLASS C, CLASS D, AND historic range in the conterminous airspace is required to support these CLASS E AIRSPACE AREAS; United States. We find that the petition procedures. Class E airspace AIRWAYS; ROUTES; AND REPORTING contains substantial scientific or designations for airspace areas POINTS commercial information indicating that extending upward from 700 feet or more listing the U.S. population of coaster 1. The authority citation for part 71 above the surface of the Earth are brook trout may be warranted. continues to read as follows: published in Paragraph 6005 of FAA Therefore, with the publication of this Order 7400.9R, signed August 15, 2007, Authority: 49 U.S.C. 106(g); 40103, 40113, notice, we are initiating a status review and effective September 15, 2007, which 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– of the coaster brook trout. At the 1963 Comp., p. 389. is incorporated by reference in 14 CFR conclusion of the status review, we will 71.1. The Class E airspace designation § 71.1 [Amended] issue a 12-month finding on the petition. To ensure that the status listed in this document would be 2. The incorporation by reference in published subsequently in the Order. review of the coaster brook trout is 14 CFR 71.1 of Federal Aviation comprehensive, we are soliciting The FAA has determined that this Administration Order 7400.9R, Airspace scientific and commercial information proposed regulation only involves an Designations and Reporting Points, regarding the coaster brook trout established body of technical signed August 15, 2007, effective throughout its range. We will make a regulations for which frequent and September 15, 2007, is amended as determination on critical habitat for this routine amendments are necessary to follows: species if we initiate a listing action. keep them operationally current. It, Paragraph 6005 Class E Airspace Areas DATES: We will accept comments therefore, (1) Is not a ‘‘significant Extending Upward From 700 Feet or More received or postmarked on or before regulatory action’’ under Executive Above the Surface of the Earth. May 19, 2008. We must receive requests Order 12866; (2) is not a ‘‘significant * * * * * for public hearings, in writing, at the rule’’ under DOT Regulatory Policies address shown in the ADDRESSES section and Procedures (44 FR 11034; February ASO GA E5 Canon, GA [New] by May 5, 2008. 26, 1979); and (3) does not warrant Franklin County Airport, GA ADDRESSES: You may submit comments ° ′ ″ ° ′ ″ preparation of a Regulatory Evaluation (Lat. 34 20 25 N., long. 83 07 51 W.) by one of the following methods: as the anticipated impact is so minimal. That airspace extending upward from 700 • Federal eRulemaking Portal: http:// Since this is a routine matter that will feet above the surface of the Earth within a www.regulations.gov. Follow the only affect air traffic procedures and air 6.6-mile radius of the Franklin County instructions for submitting comments. Airport. navigation, it is certified that this • U.S. mail or hand-delivery: Public proposed rule, when promulgated, will * * * * * Comments Processing, Attn: FWS–R3– not have a significant economic impact Issued in College Park, Georgia, on ES–2008–0030, Division of Policy and on a substantial number of small entities February 26, 2008. Directives Management; U.S. Fish and under the criteria of the Regulatory Mark D. Ward, Wildlife Service; 4401 N. Fairfax Drive, Flexibility Act. Manager, System Support Group Eastern Suite 222; Arlington, VA 22203. Service Center. We will not accept e-mail or faxes. We The FAA’s authority to issue rules will post all comments on http:// regarding aviation safety is found in [FR Doc. E8–5573 Filed 3–19–08; 8:45 am] BILLING CODE 4910–13–M www.regulations.gov. This generally Title 49 of the United States Code. means that we will post any personal Subtitle I, Section 106 describes the information you provide us (see the authority of the FAA Administrator. Public Comments section below for DEPARTMENT OF THE INTERIOR Subtitle VII, Aviation Programs, more information). describes in more detail the scope of the Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Ms. agency’s authority. Jessica Hogrefe, East Lansing Field This rulemaking is promulgated 50 CFR Part 17 Office, U.S. Fish and Wildlife Service, under the authority described in 2651 Coolidge Road—Suite 101, East Subtitle VII, part, A subpart I, Section [FWS–R3–ES–2008–0030; 1111 FY07 MO– Lansing, MI 48823–6316; telephone 40103. Under that section, the FAA is B2] 517–351–8470; facsimile 517–351–1443. charged with prescribing regulations to Endangered and Threatened Wildlife If you use a telecommunications device assign the use of airspace necessary to and Plants; 90-Day Finding on a for the deaf (TDD), call the Federal ensure the safety of aircraft and the Petition To List the U.S. Population of Information Relay Service (FIRS) at efficient use of airspace. This regulation Coaster Brook Trout (Salvelinus (800) 877–8339. is within the scope of that authority as fontinalis) as Endangered SUPPLEMENTARY INFORMATION: it proposes to establish Class E airspace Public Comments at Canon, GA. AGENCY: Fish and Wildlife Service, Interior. When we make a finding that a Lists of Subjects in 14 CFR Part 71 ACTION: Notice of 90-day petition petition presents substantial scientific finding and initiation of status review. or commercial information indicating Airspace, Incorporation by reference, that the petitioned action may be Navigation (Air). SUMMARY: We, the U.S. Fish and warranted, we are required to promptly The Proposed Amendment Wildlife Service (Service), announce a commence a review of the status of the 90-day finding under the Endangered species. To ensure that the status review In consideration of the foregoing, the Species Act of 1973, as amended (Act), is complete and based on the best Federal Aviation Administration concerning the petition to list as available scientific and commercial proposes to amend 14 CFR part 71 as endangered a population of brook trout information, we are soliciting follows: (Salvelinus fontinalis) known as coaster information on coaster brook trout

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules 14951

throughout its range. We request any used in preparing this finding, will be over the Service’s failure to make a additional information, comments, and available for public inspection on determination within 1 year of receiving suggestions from the public, other http://www.regulations.gov, or by the petition, as to whether the coaster concerned governmental agencies, appointment, during normal business brook trout warrants listing. As Tribes, the scientific community, hours, at the U.S. Fish and Wildlife described above, under section 4 of the industry, or any other interested parties Service, East Lansing Field Office (see Act, the Service is to make a finding, to concerning the status of coaster brook FOR FURTHER INFORMATION CONTACT). the maximum extent practicable within 90 days of receiving a petition, trout. We are seeking information Background regarding: regarding whether it presents (1) The species’ historical and current Section 4(b)(3)(A) of the Act (16 substantial scientific or commercial population status, distribution, and U.S.C. 1531 et seq.) requires that we information indicating that the trends; its biology and ecology; and make a finding on whether a petition to petitioned action may be warranted. habitat selection; list, delist, or reclassify a species Further, the Act requires that within 12 (2) The effects of potential threat presents substantial scientific or months after receiving a petition found factors that are the basis for a listing commercial information to indicate that to present substantial information, the determination under section 4(a) of the the petitioned action may be warranted. Service must make a finding as to Act, which are: We are to base this finding on whether the petitioned action is (a) The present or threatened information provided in the petition warranted. A complaint was filed in destruction, modification, or and supporting information submitted U.S. District Court in the District of curtailment of the species’ habitat or with the petition. To the maximum Columbia on December 17, 2007, for range; extent practicable, we are to make this failure to make a timely finding. (b) Overutilization for commercial, finding within 90 days of our receipt of In making this finding, we considered recreational, scientific, or educational the petition, and publish our notice of information provided by the petitioners, purposes; this finding in the Federal Register. as well as information readily available (c) Disease or predation; Our standard for substantial scientific in our files at the time of the petition (d) The inadequacy of existing or commercial information for a 90-day review. We evaluated that information regulatory mechanisms; or petition finding, as defined by the Code in accordance with 50 CFR 424.14(b). (e) Other natural or manmade factors of Federal Regulations (CFR), is ‘‘that Our process for making this 90-day affecting its continued existence. amount of information that would lead finding under section 4(b)(3)(A) of the (3) Management programs for the a reasonable person to believe that the Act and the associated regulations is conservation of the coaster brook trout. measure proposed in the petition may based on using the ‘‘substantial We will base our 12-month finding on be warranted’’ (50 CFR 424.14(b)). If we scientific and commercial information’’ a review of the best scientific and find that the petition presents threshold described above. This finding commercial information available, substantial scientific or commercial does not consider critical habitat, including all information received information, we are required to because any decision concerning the during the public comment period. promptly commence a review of the need for, or identification of, areas to You may submit your comments and species status. consider for critical habitat would occur materials concerning this finding by one The Sierra Club Mackinac Chapter, only if we decide to prepare a proposed of the methods listed in the ADDRESSES Huron Mountain Club, and Marvin J. rule to list the species. This notice section. Comments must be submitted to Roberson filed a petition dated February constitutes our 90-day finding for the http://www.regulations.gov before 22, 2006, with the Secretary of the petition to list the U.S. population of midnight Eastern Time on the date Interior to list as endangered the coaster brook trout. specified in the DATES section. We will naturally spawning lake-dwelling not accept comments sent by e-mail or coaster brook trout throughout its Species Information fax or to an address not listed in the known historic range in the Brook trout (Salvelinus fontinalis) are ADDRESSES section. We will not accept conterminous United States and to a member of the char genus in the anonymous comments; your comment designate critical habitat under the Act. family Salmonidae; they live in well- must include your first and last name, The petition clearly identifies itself as oxygenated streams, rivers, and lakes of city, state, country, and postal (zip) such and includes the requisite northeastern North America (Scott and code. Finally, we will not consider identification information for the Crossman 1973, pp. 30, 213). Some hand-delivered comments that we do petitioners, as required in 50 CFR brook trout populations are adfluvial or not receive, or mailed comments that 424.14(a). On behalf of the petitioners, anadromous, migrating from lakes and are not postmarked, by the date Peter Kryn Dykema, Secretary of the oceans (respectively) into tributary specified in the DATES section. Huron Mountain Club, submitted streams for feeding and spawning (Lake We will post your entire comment— supplemental information dated May Superior Brook Trout Subcommittee including your personal identifying 23, 2006, in support of the original 1997, pp. 4–5; Ryther 1997, pp. 1–34). information—on http:// petition. This supplemental information Coaster brook trout are a life history www.regulations.gov. If you provide provides further information on the form of brook trout that spend a portion personal identifying information in species status and biology, particularly of their life cycle in the Great Lakes addition to the required items specified for the Salmon Trout River. (Becker 1983, p. 320). These brook trout in the previous paragraph, such as your In a letter to the petitioners dated are known as ‘‘coasters’’ because they street address, phone number, or e-mail April 27, 2006, we explained that we spend part of their life cycle along the address, you may request at the top of would not be able to address their coast of a lake. Some coaster brook trout your document that we withhold this petition at that time, due to the need to subpopulations or runs are adfluvial information from public review. address higher priority listing actions. and migrate from Lake Superior to However, we cannot guarantee that we In 2007, the Service directed funds to tributary streams to spawn; other coaster will be able to do so. address the coaster brook trout 90-day brook trout subpopulations are Comments and materials we receive, finding. On September 13, 2007, we lacustrine and remain in Lake Superior as well as supporting documentation we received a 60-day notice of intent to sue throughout their life cycle (Quinlan

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS 14952 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules

1999, p. 15). Coaster brook trout mature Distinct Vertebrate Population Segment with the petition notes that coaster later, live longer, and grow larger than The petitioners asked us to list the brook trout ‘‘are distinguished from stream resident brook trout (Becker naturally spawning anadromous (lake- stream resident brook trout by behavior, 1983, p. 318; Lake Superior Brook Trout run) coaster brook trout throughout its i.e. anadromy—and by physiology (they Subcommittee 1997, p. 10). known historical range in the grow much larger, and may be longer- Historically, coaster brook trout conterminous U.S.; they asserted that lived).’’ Information in our files occurred in Lakes Huron, Michigan, and the Salmon Trout River coaster supports this assertion because, unlike Superior (Bailey and Smith 1981, p. population is reproductively isolated resident brook trout that remain in 1549) and in more than 50 streams along from the in-stream resident brook trout streams, coaster brook trout are adfluvial or lacustrine, spending part or the Michigan, Wisconsin, and population and should be considered a all of their life cycle in the Great Lakes Minnesota shores of Lake Superior Distinct Population Segment (DPS). (Becker 1983, p. 320; Newman et al. (Newman et al. 2003, pp. 34–38). They Section 3 of the Act defines the term 2003, p. 39). Therefore, we find that the have been extirpated in Lakes Huron ‘‘species’’ to include ‘‘any subspecies of petition presents substantial and Michigan (Quinlan 2008). Self- fish or wildlife or plants, and any information that would lead a sustaining subpopulations or spawning distinct population segment of any reasonable person to believe that the runs remain in four streams in the U.S. species of vertebrate fish or wildlife U.S. population of coaster brook trout portion of Lake Superior (Quinlan which interbreeds when mature.’’ 16 may be discrete from stream resident 2008). Population levels in these U.S.C. 1532(16). In determining whether brook trout because of differences in streams are considered low (Quinlan an entity constitutes a DPS and is, 2008). No harvest is allowed in the four behavior and physiology. therefore, listable under the Act, we The petition also asserts that coaster streams with coaster brook trout follow the Policy Regarding the subpopulations in the United States, brook trout (of the Salmon Trout River) Recognition of Distinct Vertebrate are ‘‘separated from coaster populations (Dykema 2006, p. 2; National Park Population Segments Under the Service 2007, p. 10). Coaster brook trout in the Nipigon River area [in Canada] by Endangered Species Act (DPS Policy) an international boundary.’’ Further, the may be harvested within the waters of (61 FR 4722; February 7, 1996). The Lake Superior itself through angling, petition states that coaster brook trout policy identifies three elements we are programs currently are administered subject to a 20-inch (51-centimeter) to consider in making a decision minimum size limit (Baker 2007). Few and implemented by a wide variety of regarding the status of a possible DPS Federal, State, private, and international coaster brook trout from the Salmon for listing under the Act: (1) The institutions, and that the result has been Trout River subpopulation exceed this discreteness of the population segment duplicated effort, inadequate size limit (Huckins and Baker 2004, p. in relation to the remainder of the communication, and sometimes 21). Additionally, no harvest is allowed species to which it belongs; (2) The contradictory policies and practices. in Lake Superior waters that are within significance of the population segment Finally, the petition states that the 4.5 miles (7.2 kilometers) of Isle Royale to the species to which it belongs; and entire reach of the Salmon Trout River National Park (National Park Service (3) The population segment’s in Marquette County (MI) is owned by 2007, p. 10). conservation status in relation to the the Huron Mountain Club (HMC, one of In Canada, coaster brook trout Act’s standards for listing (that is, the petitioners) and that, since 1995, populations historically occurred in whether the population segment, when HMC has prohibited its members from approximately 60 streams (Newman et treated as if it were a species, is killing coaster brook trout there. al. 2003, pp. 31–33). Data suggest that endangered or threatened) (61 FR 4722; Information in our files or otherwise spawning runs remain in a few February 7, 1996). This finding readily available to us supports the Canadian streams in Lake Superior, and considers whether the petition presents statement that the coaster brook trout numbers in these streams are described substantial scientific or commercial described in the petition (in the Salmon in general terms as being very low information that the petitioned coaster Trout River and on Isle Royale) are overall (Ontario Ministry of Natural brook trout may be a DPS, and if so, separated from coaster brook trout Resources undated, p. 1). Coaster brook whether the information indicates that subpopulations in the Nipigon River trout populations are also present in listing may be warranted. area and elsewhere in Canada by an Lake Nipigon (Ontario). Recent international boundary, and in addition, Discreteness estimates suggest that the Lake Nipigon this information indicates that the spawning population has declined 75 Under the DPS Policy, a population boundary delimits differences in control percent compared to the population segment of a vertebrate species may be of exploitation and regulatory level in the 1930s (Ontario Ministry of considered discrete if it satisfies either mechanisms (Lake Superior Brook Trout Natural Resources undated, p. 1). one of the following two conditions: (1) Subcommittee 1997, p. 4; Ontario However, neither the petition nor It is markedly separated from other Ministry of Natural Resources, 2008 p. information readily available to the populations of the same taxon as a 48–49). More specifically, differences in Service provides information regarding consequence of physical, physiological, control of exploitation and regulatory the population size in the 1930s, making ecological, or behavioral factors; or (2) It mechanisms between the United States it difficult to determine the accuracy of is delimited by international and Canada relate to allowable harvest the estimated decline. Coaster brook governmental boundaries within which of coaster brook trout and the fishing trout in Canada may be harvested by significant differences in control of regulations that dictate this harvest. anglers in both Lake Superior and its exploitation, management of habitat, In the United States, coaster brook tributaries, subject to size, bag, and conservation status, or regulatory trout: (1) May not be harvested in the seasonal limits (Ontario Ministry of mechanisms exist (61 FR 4722; February four remaining streams with coaster Natural Resources 2008, pp. 48–49). 7, 1996). brook trout subpopulations (Dykema Coaster brook trout are not being The petition asserts that coaster brook 2006, p. 2; National Park Service 2007, considered for protection under trout are ‘‘distinguished from stream p. 10); (2) may be harvested in the U.S. Canada’s Species at Risk Act (Chase resident brook trout by behavior’’ and waters of Lake Superior within the lake 2008). information submitted in association itself, subject to a 20-inch (51-

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules 14953

centimeter) minimum size limit (Baker Information Provided in the Petition on information indicating that listing the 2007); and (3) may not be harvested in Significance U.S. population of coaster brook trout Lake Superior waters within 4.5 miles The petition asserts that the coaster may be warranted. Our threats analysis (7.2 kilometers) of Isle Royale National brook trout of the Salmon Trout River and conclusion follow. Park, which would protect the are significant to the brook trout taxon Five-Factor Analysis subpopulations of Isle Royale National because their loss ‘‘would result in a Section 4 of the Act and its Park (National Park Service 2007, p. 10). significant gap in the range of the The lack of coasters in the Salmon Trout implementing regulations (50 CFR part taxon.’’ Information in our files 424) set forth the procedures for adding River subpopulation that exceed the 20- indicates that lake-dwelling coaster inch (51-centimeter) size limit (Huckins species to the Federal Lists of brook trout historically occurred in Endangered and Threatened Wildlife and Baker 2004, p. 21) indicates that Lakes Superior, Huron, and Michigan few coasters meet the minimum size and Plants. We may list a taxon on the (Bailey and Smith 1981, p. 1549), but basis of any one of the following factors: limit in the U.S. waters of Lake Superior are now extirpated from Lakes Huron where harvest is allowed. (A) Present or threatened destruction, and Michigan (Quinlan 2008). The modification, or curtailment of habitat In comparison, coaster brook trout in coaster brook trout described in the or range; (B) Overutilization for Canada may be harvested within Lake petition (in the Salmon Trout River and commercial, recreational, scientific, or Superior itself and its tributaries, on Isle Royale) are the last remaining educational purposes; (C) Disease or subject to size, bag, and seasonal limits lake-dwelling brook trout in Lake predation; (D) Inadequacy of existing (Ontario Ministry of Natural Resources Superior (Newman et. al. 2003, p. 39); regulatory mechanisms; or (E) Other 2008, p. 48–49), but we have no thus if the coaster subpopulations in the manmade or natural factors affecting its information indicating that there are any Salmon Trout River and on Isle Royale continued existence. Consistent with locations in Canadian waters occupied disappear, lake-dwelling brook trout our regulations for making 90-day by coaster brook trout where their would be extirpated throughout the U.S. findings (50 CFR 424.14(b)), we harvest is not allowed. Therefore, we waters of the Great Lakes. Therefore, we evaluated whether the threats to the find there is substantial scientific and find that the petition presents U.S. population of coaster brook trout commercial information indicating that substantial information that would lead presented in the petition would lead a the petitioned U.S. coaster brook trout a reasonable person to believe that the reasonable person to believe that the may be discrete from coaster brook trout U.S. coaster brook trout may be petitioned action may be warranted. The in Canada because of an international significant to the species to which it following evaluation of these threats boundary that delimits differences in belongs, based on evidence that loss of was based on information provided or control of exploitation and regulatory the U.S. population of coaster brook cited in the petition and found to be mechanisms. trout may result in a significant gap in substantial, and information from our the range of the taxon. files used to evaluate the information in Significance DPS Conclusion the petition. Under our DPS Policy, in addition to We have reviewed the information Factor A. The Present or Threatened our consideration that a population presented in the petition and have Destruction, Modification, or segment is discrete, we consider its evaluated it in accordance with 50 CFR Curtailment of the Species’ Habitat or biological and ecological significance to 424.14(b). In a 90-day finding, the Range the species to which it belongs. The DPS question is whether a petition presents The petition asserts that the following policy states that if a population substantial scientific or commercial conditions under Factor A threaten the segment is considered discrete under information indicating that the coaster brook trout: Dams and river one or more of the discreteness criteria, petitioned action may be warranted. We diversions; toxic pollution related to its biological and ecological significance do not make final determinations organophosphorus compounds (that is, will then be considered in light of regarding DPSs at this stage; rather, we as used in pesticides), deoxygenation Congressional guidance that the determine whether a petition presents via decomposition of organic material authority to list DPSs be used substantial information that a and other effluents from paper mills and ‘‘sparingly’’ while encouraging the population may be a DPS. Based on our other sources, and mercury (from conservation of genetic diversity. Under evaluation described above, we fungicides and wood pulp treatment); the DPS policy, our consideration of conclude that the petition and stream acidification via acid rain, acid significance may include, but is not information readily available to us do spills, and the proposed Kennecott’s limited to: (1) Evidence of the present substantial scientific or sulfide mine; changes in water persistence of the discrete population commercial information indicating that temperature and flow due to segment in an ecological setting that is the U.S. population of coaster brook deforestation and reservoir release, and unique or unusual for the taxon; (2) trout may be discrete and significant dams and diversions; and siltation. Evidence that loss of the population within the meaning of our DPS policy, The information presented in the segment would result in a significant and therefore may constitute a DPS. petition regarding dams and diversions, gap in the range of the taxon; (3) To meet the third element of the DPS toxic pollution, deoxygenation via Evidence that the population segment policy, we evaluate the level of a decomposition of organic material, acid represents the only surviving natural population segment’s conservation level changes in streams, and changes in occurrence of a taxon that may be more status in relation to the Act’s standards water temperature and flow is general. abundant elsewhere as an introduced for listing. This involves an analysis, The petition does not explain how the population outside its historical range; referred to as a threats analysis, concerns expressed would result in the or (4) Evidence that the discrete pursuant to the five listing factors present or threatened destruction, population segment differs markedly specified in section 4 of the Act. We modification, or curtailment of the from other populations of the species in thus proceeded with an evaluation of habitat or range of the U.S. coaster brook its genetic characteristics (61 FR 4722; whether the petition presents trout. Also, the petition acknowledges February 7, 1996). substantial scientific or commercial that, with regard to toxic pollution,

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS 14954 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules

deoxygenation, and changes in water trout means almost none will be caught provide substantial information with temperature and flow, little research has by commercial vessels. The petition also respect to competition. been done on their possible impacts to states that both the Huron Mountain The petition also asserts that small coaster brook trout in the Upper Great Club and Isle Royale National Park have population size may threaten the Lakes. restrictions on keeping coaster brook continued survival of the coaster brook The petitioners assert that siltation trout that may be caught during sport trout population in the Salmon Trout due to increases in road building may fishing. The petition does not present River. Recent surveys have estimated threaten coaster brook trout in the any information indicating there is that the average annual spawning Salmon Trout River. In particular, the overutilization for commercial, population in the Salmon Trout River is petitioners cite a road wash-out in 2005 recreational, scientific, or educational fewer than 200 individuals; this average that deposited 80 tons of sediment into purposes, and we have no information may be an underestimate given the river. The petitioners assert that in our files indicating that there is any limitations of the gear and methods siltation can affect the reproductive such overutilization. Consequently, we (Huckins, 2006). The petition compares success of coaster brook trout by filling find that the petition does not present this average annual spawning in holding areas of migrating adults; substantial information for Factor B. population to the number of bull trout filling hollows that afford protection for (Salvelinus confluentus) that spawned juveniles; filling interstitial spaces in Factor C. Disease or Predation in the Jarbidge River annually when it the substrate that are required for proper The petition does not provide was emergency-listed (50–125 water flow and egg oxygenation; and information pertaining to Factor C. individuals) (63 FR 42757; August 11, decreasing the amount of rooted plants Therefore, we find that the petition does 1998). The petition also compares the and algae, which in turn may reduce the not present substantial information in average to the definitions of a strong biomass of benthic invertebrates (food relation to this factor. subpopulation (greater than 500 for young coaster brook trout). spawners) and depressed population Additionally, the petitioners assert that Factor D. The Inadequacy of Existing (fewer than 500 spawners) given in the siltation can interfere with fish Regulatory Mechanisms Determination of Threatened Status for respiration and impact water flow and the Klamath River and Columbia River With regard to Factor D, the petition clarity, which may subsequently impede Distinct Population Segments of Bull asserts the following: there is no single migration and feeding. Two references Trout (63 FR 31647; June 10, 1998).’’ government entity with overall program are given to support the above Information in our files supports the authority for managing coaster brook statements regarding the effects of conclusion of a depressed trout; there is inadequate authority to siltation on fish (Mills 1989, Shearer subpopulation in the Salmon Trout prevent conflicting government policies 1992); these citations were not listed in River (Lake Superior Brook Trout and programs, land-use practices, and the References section of the petition. Subcommittee 1997, p. 4). Surveys also toxic pollution; there is over-reliance on Additionally, we did not have these two indicate that coaster brook trout hatchery production and stocking; references in our files, and we could not numbers are low in the three locations find them using a literature search. program funding is inadequate; and where self-sustaining populations occur However, readily available sources in there is a lack of public education and on Isle Royale (National Park Service our files corroborated the effects of involvement in coaster brook trout 2007, p. 10; Quinlan 2008). The annual siltation on fish reproduction, restoration. The petition also asserts that spawning population at Tobin Harbor respiration, and feeding (Waters 1995, existing programs are inadequate to may be less than 150 (National Park pp. 79–118). Similarly, although no provide for the long-term viability of Service 2007; p. 10). The sizes of the reference was provided for the 2005 Salvelinus fontinalis in the U.S. and the annual spawning populations at siltation event, we concur that the event restoration and protection of its habitat. Siskiwit River and Washington Creek took place and that future road Other than the two sentences making are unknown but believed to be low washouts in the Salmon Trout River these very general assertions, the (Quinlan 2008). Although coaster brook could result in impacts to the coaster petition presents no information or trout have been stocked into several brook trout downstream (Baker 2007). explanation as to why the petitioned streams along the U.S. shoreline of Lake Therefore, based principally on coaster brook trout is threatened as a Superior including Whittlesey Creek information related to siltation, we find result of the inadequacy of existing (WI) and Grand Portage Creek (MN), that the petition presents substantial regulatory mechanisms. Therefore, we none of these stocking programs has information indicating that the find that the petition does not present resulted in self-sustaining populations petitioned action may be warranted due substantial information in relation to (Newman et al. 2003, p. 39; Quinlan to the present or threatened destruction, Factor D. 2008). Therefore, based on population modification, or curtailment of the Factor E. Other Manmade or Natural size, we find that the petition presents habitat or range of the U.S. coaster brook Factors Affecting Its Continued substantial information relative to trout. Existence Factor E. Factor B. Overutilization for The petition asserts that the following Finding Commercial, Recreational, Scientific, or factor under Factor E threatens the We have reviewed the petition, Educational Purposes coaster brook trout: Competition with supporting information provided by the With regard to Factor B, the petition rainbow trout, coho salmon, and brown petitioners, and information that was asserts that sport fishing and trout. However, the petition concludes readily available in our files or commercial fishing threaten the coaster that it is doubtful ‘‘that competition elsewhere (such as the Internet). As brook trout. However, the information played a large role in reducing coaster described above, the petition presents presented is limited to noting that a brook trout and there is no direct evidence of siltation in the Salmon commercial fishery existed on many evidence to suggest that this has Trout River that indicates the present or rivers used by coaster brook trout in the happened along large areas of the Lake threatened destruction or modification 19th century, and that the extremely Superior shoreline’’ (p. 20). or curtailment of the habitat or range of low number of extant coaster brook Consequently, the petition does not coaster brook trout, with impact to fish

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Proposed Rules 14955

reproduction, respiration, and feeding the species under the Act is warranted. Species Program, U.S. Fish and Wildlife (Waters 1995, pp. 79–118). The petition To ensure that the status review is Service, 1 Federal Drive, Fort Snelling, also presents information regarding comprehensive, we are soliciting MN 55111. scientific and commercial information population size, which indicates the Authority: The authority for this action is regarding this species. small number estimated to remain poses the Endangered Species Act of 1973, as a risk to the continued survival of the References amended (16 U.S.C. 1531 et seq.). petitioned population of coaster brook A complete list of all references cited Dated March 12, 2008. trout. We find that the petition presents herein is available on request from the substantial information to indicate that H. Dale Hall, East Lansing Field Office (see FOR the petitioned action may be warranted, Director, Fish and Wildlife Service. FURTHER INFORMATION CONTACT). based on threats posed by siltation and [FR Doc. E8–5618 Filed 3–19–08; 8:45 am] small population size. Therefore, we are Author BILLING CODE 4310–55–P initiating a status review of coaster The primary author of this document brook trout to determine whether listing is the staff of Region 3 Endangered

VerDate Aug<31>2005 13:29 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 ebenthall on PRODPC61 with PROPOSALS 14956

Notices Federal Register Vol. 73, No. 55

Thursday, March 20, 2008

This section of the FEDERAL REGISTER introduced into and spread within the Korea subject to the following contains documents other than rules or United States. conditions: • proposed rules that are applicable to the Section 319.56–4 of the regulations The dropwort leaves with stems public. Notices of hearings and investigations, must be part of a commercial committee meetings, agency decisions and contains a performance-based process for approving the importation of consignment as defined in § 319.56–2. rulings, delegations of authority, filing of • Each consignment of dropwort petitions and applications and agency commodities that, based on the findings statements of organization and functions are of a pest risk analysis, can be safely leaves with stems must be accompanied examples of documents appearing in this imported subject to one or more of the by a phytosanitary certificate issued by section. designated phytosanitary measures the Korean National Plant Protection listed in paragraph (b) of that section. Organization (NPPO) certifying that the Under that process, APHIS publishes a dropwort is a product of the Republic of DEPARTMENT OF AGRICULTURE notice in the Federal Register Korea. The NPPO must also include an announcing the availability of the pest additional declaration in the Animal and Plant Health Inspection risk analysis that evaluates the risks phytosanitary certificate that states: Service associated with the importation of a ‘‘The water dropwort (Oenanthe [Docket No. APHIS–2007–0143] particular fruit or vegetable. Following javanica) in this shipment was the close of the 60-day comment period, inspected and considered free from Notice of Decision To Issue Permits for APHIS may begin issuing permits for Water Dropwort Witches’ Broom and the Importation of Dropwort Leaves importation of the fruit or vegetable Puccinia oenanthes-stoloniferae.’’ With Stems from South Korea Into the subject to the identified designated These conditions will be listed in the Continental United States measures if: (1) No comments were fruits and vegetables manual (available received on the pest risk analysis; (2) at http://www.aphis.usda.gov/ AGENCY: Animal and Plant Health import_export/plants/manuals/ports/ Inspection Service, USDA. the comments on the pest risk analysis revealed that no changes to the pest risk downloads/fv.pdf). In addition to these ACTION: Notice. analysis were necessary; or (3) changes specific measures, the dropwort stems to the pest risk analysis were made in with leaves will be subject to the general SUMMARY: We are advising the public of requirements listed in § 319.56–3 that our decision to begin issuing permits for response to public comments, but the changes did not affect the overall are applicable to the importation of all the importation of dropwort leaves with fruits and vegetables. stems from South Korea into the conclusions of the analysis and the continental United States subject to the Administrator’s determination of risk. Done in Washington, DC, this 17th day of March 2008. requirements specified in the risk In accordance with that process, we management analysis. Based on the published a notice 1 in the Federal Kevin Shea, findings of a pest risk analysis, which Register on November 21, 2007 (72 FR Acting Administrator, Animal and Plant we made available to the public for 65560–65561, Docket No. APHIS–2007– Health Inspection Service. review and comment through a previous 0143), in which we announced the [FR Doc. E8–5651 Filed 3–19–08; 8:45 am] notice, we believe that the application availability, for review and comment, of BILLING CODE 3410–34–P of one or more designated phytosanitary a pest risk analysis that evaluates the measures will be sufficient to mitigate risks associated with the importation the risks of introducing or disseminating into the continental United States of DEPARTMENT OF AGRICULTURE dropwort leaves with stems from South plant pests or noxious weeds via the Rural Utilities Service importation of dropwort leaves with Korea. We solicited comments on the stems from South Korea. notice for 60 days ending on January 22, Basin Electric Power Cooperative, Inc.: EFFECTIVE DATE: March 20, 2008. 2008. We received one comment by that Notice of Intent To Hold Public date, from a private citizen. The FOR FURTHER INFORMATION CONTACT: Mr. Scoping Meeting and Prepare an commenter stated that food should be Alex Belano, Import Specialist, Environmental Assessment grown locally and not imported, and Commodity Import Analysis and that the risks—which the commenter AGENCY: Rural Utilities Service, USDA. Operations, Plant Health Programs, did not specify—associated with ACTION: Notice of Intent to Hold Public PPQ, APHIS, 4700 River Road Unit 133, imports generally were too great. No Scoping Meeting and Prepare an Riverdale, MD 20737–1231; (301) 734– changes to the pest risk analysis are Environmental Assessment. 8758. necessary based on that comment. SUPPLEMENTARY INFORMATION: Under the SUMMARY: The Rural Utilities Service Therefore, in accordance with the regulations in ‘‘Subpart—Fruits and (RUS), an Agency delivering the United regulations in § 319.56–4(c)(2)(ii), we Vegetables’’ (7 CFR 319.56 through States Department of Agriculture are announcing our decision to begin 319.56–47, referred to below as the (USDA) Rural Development Utilities issuing permits for the importation into regulations), the Animal and Plant Programs, hereinafter referred to as the continental United States of Health Inspection Service (APHIS) of Rural Development and/or the Agency, dropwort leaves with stems from South the U.S. Department of Agriculture intends to hold a public scoping prohibits or restricts the importation of meeting and prepare an Environmental 1 To view the notice, the pest risk analysis, and fruits and vegetables into the United the comment we received, go to http:// Assessment (EA) in connection with States from certain parts of the world to www.regulations.gov/fdmspublic/component/ possible impacts related to a project prevent plant pests from being main?main=DocketDetail&d=APHIS-2007-0143. being proposed by Basin Electric Power

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14957

Cooperative, Inc. (Basin Electric), of alternative site locations. Questions and cooperative agreements under the Bismarck, North Dakota. The proposal comments regarding the proposed Postsecondary Internship Program as for construction and operation of a wind project should be received by Rural three years and three months (March 1, turbine generation facility referred to as Development in writing by May 3, 2008, 2005–May 31, 2008). This extension of the PrairieWinds-ND1 Project (Project), to ensure that they are considered in time will permit DOC’s Office of Human consists of a 77-turbine, 115 megawatt this environmental impact Resources Management (OHRM) to (MW) facility at a site near Minot, North determination. implement an overall program review, Dakota. From information provided in the consider potential enhancements and DATES: Rural Development will conduct study mentioned above, and using input revisions of the program scope, work the public scoping meeting in an open- provided by government agencies, requirements and performance measures house format in order to provide private organizations, and the public, for the PIP. It is OHRM’s intent to assess information and solicit comments for Rural Development will prepare the EA. the future direction of the program the preparation of an EA. The meeting The EA will be available for review and especially in outlining initiatives for will be held on April 3, 2008, from 4 comment for 30 days after distribution. successful and strategic management of p.m. to 7 p.m., Central Daylight Time, Following the 30-day comment period, human capital. North Central Research Extension Rural Development will prepare either a DATES: The award period and related Center, 5400 Highway 83 South, Minot, Finding of No Significant Impact funding, if approved by the DOC Grants North Dakota (approximately 1 mile (FONSI) or an Environmental Impact Officer, will commence on June 1, 2008, south of Minot on U.S. Highway 83). Statement (EIS). Notices announcing the and will continue through September ADDRESSES: To obtain copies of the EA, availability of the EA and a FONSI, as 30, 2008. or for further information, contact: appropriate, will be published in the FOR FURTHER INFORMATION CONTACT: Mr. Barbara Britton, Environmental Federal Register and in local Adam D. Santo, Project Manager, United Protection Specialist, Water and newspapers. States Department of Commerce, Office Environmental Programs, Rural Any final action by the Agency of Human Resources Management, Development, Utilities Programs, 1400 related to the proposed projects will be Room 5204, 1400 Constitution Avenue, Independence Ave., SW., Stop 1571, subject to, and contingent upon, NW, Washington, DC 20230. Mr. Santo Washington, DC 20250–1571, telephone: compliance with all relevant Federal, may be reached by telephone at (202) (202) 720–1414 or e-mail: State and local environmental laws and 482–4286 and by e-mail at [email protected], or Kevin regulations and completion of the [email protected]. L. Solie, Basin Electric Power environmental review requirements as SUPPLEMENTARY INFORMATION: The Cooperative, Inc., 1717 East Interstate prescribed in the USDA Rural Utilities Postsecondary Internship Program (PIP) Avenue, Bismarck, ND 58503–0564, Service Environmental Policies and was developed as one vehicle the DOC telephone: (701) 355–5495 or e-mail: Procedures (7 CFR part 1794). uses to promote participation of [email protected]. A proposal Dated: March 13, 2008. minorities in Federal programs as development document—Alternative Mark S. Plank, mandated by Executive Orders and Evaluation and Site Selection Study—is Director, Engineering and Environmental statutes. Title 5, section 7201 of the U.S. available for public review at Rural Staff, USDA/Rural Development/Utilities Code requires that each Executive Development or Basin Electric, at the Programs. agency conduct a continuing program addresses provided in this notice, and at [FR Doc. E8–5602 Filed 3–19–08; 8:45 am] for the recruitment of members of the Minot Public Library, 516 2nd Ave., BILLING CODE 3410–15–P minorities to address under SW., Minot, North Dakota 58701. representation of minorities in various SUPPLEMENTARY INFORMATION: Basin categories of Federal employment. Electric proposes to construct a new 115 DEPARTMENT OF COMMERCE Executive Order 13256 provides for MW wind generation facility in north- Executive departments to enter into, central North Dakota. The Project would [Docket No. 080306392–8393–01] among other things, cooperative include seventy-seven (77) 1.5 MW agreements with Historically Black wind turbine generators. A wind RIN 0648–ZB89 Colleges and Universities (HBCUs) to resource assessment study conducted in Postsecondary Internship Program further the goals of the Executive Order, the area projects a net capacity factor in (PIP); Extension of Award Period principally that of strengthening the the upper thirty percent range. Power capacity of HBCUs to provide quality from the facility would be supplied to AGENCY: Department of Commerce. education, and to increase opportunities Basin Electric’s customers through an ACTION: Notice. to participate in and benefit from interconnection with the Integrated Federal programs. Executive Order System (IS), of which the Western Area SUMMARY: The Department of Commerce 13230 calls for Executive departments to Power Administration (Western) is the (DOC) is publishing this notice to allow develop plans to increase opportunities control area operator. Western is a for the extension of the award period for for Hispanic Americans to participate in federal power marketing agency with an additional four-month period of and benefit from Federal education the U.S. Department of Energy (DOE). funding, on a non-competitive basis, to programs. Executive Order 13270 helps Western is being requested to awards of current Postsecondary ensure that greater Federal resources are participate as a cooperating agency in Internship Program (PIP) recipients who available to the tribal colleges. the Environmental Assessment. Basin will be completing the third year of Executive Order 13216 directs Federal Electric is requesting Rural partnership with DOC on May 31, 2008. agencies to increase participation of Development to provide financing for The Federal Register notice (69 FR Asian and Pacific Islanders in Federal the proposed project. 68125, November 23, 2004) and Federal programs. Alternatives to be considered by the Funding Opportunity (FFO) In order to ensure that the Federal Agency include no action, purchased announcement that solicited Government can maintain visibility and power, load management, other applications for the program established attractiveness to the ‘‘best and brightest’’ renewable energy sources, and the total project award period for college students, this program supports

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14958 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

partnerships between Federal participation in the PIP commencing at the Office of the Executive Secretary, departments and nonprofit or with the fall session of 2008. Foreign–Trade Zones Board, U.S. educational institutions. This program Department of Commerce, Room 2111, The Department of Commerce Pre- continues to improve opportunities for 1401 Constitution Ave., NW, Award Notification Requirements for college students to prepare for their Washington, D.C. 20230. Grants and Cooperative Agreements transition to the workplace and foster Comments on Perrigo’s submission human resource diversity at DOC. In The Department of Commerce Pre- (original and 3 copies) shall be order to provide the program with the Award Notification Requirements for addressed to the Board’s Executive necessary time to review and develop its Grants and Cooperative Agreements Secretary at the address above. The revised program for new awards, this contained in the Federal Register notice closing period for their receipt is April notice amends DOC’s prior Federal of February 11, 2008 (73 FR 7696) are 21, 2008. Rebuttal comments in Register notice dated November 23, applicable to this notice. response to material submitted during 2004 (69 FR 68125) to allow for an Executive Order 12866 the foregoing period may be submitted additional four-month period of during the subsequent 15–day period (to funding, on a non-competitive basis, to This notice has been determined to be May 5, 2008). not significant for purposes of Executive current PIP recipients who will be Dated: March 13, 2008. completing the third year of partnership Order 12866. Andrew McGilvray, with DOC on May 31, 2008. The Executive Order 13132 (Federalism) following recipients whose award Executive Secretary. period is scheduled to end on May 31, It has been determined that this notice [FR Doc. E8–5665 Filed 3–19–08; 8:45 am] 2008, are affected by this notice and will does not contain policies with BILLING CODE 3510–DS–S be eligible for an additional four-month Federalism implications as that term is period of funding, on a non-competitive defined in Executive Order 13132. basis, through September 30, 2008: Administrative Procedure Act/ DEPARTMENT OF COMMERCE American Indian Science and Regulatory Flexibility Act International Trade Administration Engineering Society, Hispanic Prior notice and an opportunity for [A–533–809] Association of Colleges and Universities public comment are not required by the National Intern Program, Minority Administrative Procedure Act or any Access, Inc., Oak Ridge Associated Forged Stainless Steel Flanges from other law for rules concerning public Universities, and The Washington India: Extension of Time Limits for property, loans, grants, benefits, and Center for Internships and Academic Preliminary Results of Antidumping contracts (5 U.S.C. 553(a)(2)). Because Seminars. Duty New Shipper Review The award period and related notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or AGENCY: Import Administration, funding, if approved by the DOC Grants International Trade Administration, Officer, will commence on June 1, 2008, any other law, the analytical Department of Commerce. and will continue through September requirements of the Regulatory 30, 2008. The additional period of Flexibility Act (5 U.S.C. 601 et seq.) are EFFECTIVE DATE: March 20, 2008. funding will permit student inapplicable. Therefore, a regulatory FOR FURTHER INFORMATION CONTACT: Fred participation in the PIP through the flexibility analysis has not been Baker or Robert James, AD/CVD 2008 summer session of the program prepared. Enforcement Office 7, Import (June through August), which coincides Authority: 5 U.S.C. 7201 and Executive Administration, International Trade with the academic year. Orders 13216, 13230, 13256, and 13270. Administration, U.S. Department of th Funding for the additional period of Dated: March 14, 2008. Commerce, 14 Street and Constitution time will be at the sole discretion of the Deborah A. Jefferson, Avenue, NW, Washington DC 20230; telephone: (202) 482–2924 or (202) 482– DOC using the evaluation criteria and Director for Human Resources Management, process used to determine the Department of Commerce. 0649, respectively. continuation of funding during the [FR Doc. E8–5660 Filed 3–19–08; 8:45 am] SUPPLEMENTARY INFORMATION: original award period (March 1, 2005– BILLING CODE 3510–BS–S May 31, 2008). In making such Background determinations, the following factors On October 4, 2007, the Department will be considered: (1) Satisfactory DEPARTMENT OF COMMERCE published a notice of initiation of an performance by the recipients; (2) the antidumping duty new shipper review availability of appropriated funds; and Foreign–Trade Zones Board of forged stainless steel flanges from (3) DOC priorities that support the India. See Forged Stainless Steel [Doc. 3–2007] continuation of the project. DOC has no Flanges from India: Notice of Initiation obligation to provide any additional Review of Sourcing Change, Foreign– of Antidumping Duty New Shipper future funding in connection with this Trade Subzone 43D, Perrigo Company, Review, 72 FR 56723 (October 4, 2007). award. Renewal of an award to increase Allegan, Michigan, (Ibuprofen This new shipper review covers Hot funding or extend the period of Products) Metal Forge (India) Pvt. Ltd. (Hot Metal) performance is at the total discretion of and the period February 1, 2007 through DOC. The OHRM is currently reviewing Pursuant to 15 CFR Sec. 400.27(d)(3) July 31, 2007. The preliminary results the program to ensure it meets (vii)(B), the Foreign–Trade Zones Board for this new shipper administrative workforce planning needs. The (the Board) is making available for review are currently due no later than additional period of funding, as public inspection and comment the March 26, 2008. announced in this notice, will allow February 25, 2008, submission of the OHRM the necessary time to review and Perrigo Company (Perrigo) in the Extension of Time Limits for develop its revised program so that a Board’s review of the company’s Preliminary Results competition can be held for new sourcing change (FTZ Doc. 3–2007). A Section 751(a)(2)(B)(iv) of the Tariff awards, which will permit student copy of Perrigo’s submission is available Act of 1930, as amended (the Act),

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14959

requires the Department to complete the Department is initiating a changed They are weld–neck, used for butt–weld preliminary results of a new shipper circumstances review of the line connection; threaded, used for administrative review within 180 days antidumping duty order on forged threaded line connections; slip–on and after the date on which the review is stainless steel flanges from India. This lap joint, used with stub–ends/butt– initiated. However, if the Department review will determine whether India weld line connections; socket weld, concludes that the case is Steel Works, Ltd. (India Steel) is the used to fit pipe into a machined extraordinarily complicated, it may successor–in-interest to Isibars. recession; and blind, used to seal off a extend the 180–day period to 300 days. EFFECTIVE DATE: March 20, 2008. line. The sizes of the flanges within the scope range generally from one to six Due to the complexity of the issues FOR FURTHER INFORMATION CONTACT: Fred the Department finds that it is not Baker or Robert James, AD/CVD inches; however, all sizes of the above– practicable to complete the preliminary Operations, Office 7, Import described merchandise are included in the scope. Specifically excluded from results within the normal 180–day Administration, International Trade the scope of this order are cast stainless deadline. The issues include the Administration, U.S. Department of steel flanges. Cast stainless steel flanges unusual circumstances surrounding Hot Commerce, 14th Street and Constitution generally are manufactured to Metal’s third–country sales, the Avenue, NW, Washington, DC 20230; specification ASTM A–351. The flanges evaluation of the bona fide nature of Hot telephone: (202) 482–2924 and (202) subject to this order are currently Metal’s sales, and the need to conduct 482–0649, respectively. additional analysis of its reported cost classifiable under subheadings SUPPLEMENTARY INFORMATION: of manufacturing. As a result, the 7307.21.1000 and 7307.21.5000 of the Department must extend the deadline Background Harmonized Tariff Schedule (HTS). for the preliminary results of this new Although the HTS subheadings are On February 9, 1994, the Department provided for convenience and customs shipper administrative review to permit published in the Federal Register the the collection and analysis of additional purposes, the written description of the antidumping duty order on certain merchandise under review is dispositive information concerning Hot Metal’s forged stainless steel flanges from India. sales processes in both the U.S. and of whether or not the merchandise is See Amended Final Determination and covered by the scope of the order. comparison markets, and also Antidumping Duty Order; Certain concerning its reported cost of Forged Stainless Steel Flanges From Initiation of Antidumping Duty manufacture. India, 59 FR 5994, (February 9, 1994). Changed Circumstances Review Therefore, in accordance with section Pursuant to a February 28, 2003, Pursuant to section 751(b)(1) of the 751(a)(2)(B)(iv) of the Act,the request from Isibars, the Department Act, the Department will conduct a Department is extending the time limits conducted an administrative review of changed circumstances review upon for completion of the preliminary the antidumping duty order on flanges receipt of a request from an interested results of this new shipper from India. On March 5, 2004, the party or receipt of information administrative review until no later than Department published the final results concerning an antidumping duty order July 24, 2008, which is 300 days from of the administrative review, which shows changed circumstances the date of initiation of this review. We determining that a dumping margin of exist to warrant a review of the order. intend to issue the final results of this zero percent existed for Isibars for the On February 26, 2008, Isibars submitted review no later than 90 days after period February 1, 2002, through its request for a changed circumstances publication of the preliminary results. January 31, 2003. See Certain Forged review. With this request, Isibars This notice is issued and published in Stainless Steel Flanges from India; Final submitted certain information related to accordance with sections 751(a)(3)(A) Results of Antidumping Duty its claim that Isibars changed its name and 777(i)(1) of the Act. Administrative Review, 69 FR 10409 to India Steel. Based on the information Dated: March 14, 2008. (March 5, 2004). Isibars submitted regarding a name Stephen J. Claeys, On February 26, 2008, Isibars filed a change, the Department has determined Deputy Assistant Secretary for Import request for a changed circumstances that changed circumstances sufficient to Administration. administrative review of the warrant a review exist. See 19 CFR [FR Doc. E8–5658 Filed 3–19–08; 8:45 am] antidumping duty order on flanges from 351.216(d). BILLING CODE 3510–DR–S India, claiming that Isibars has changed In antidumping duty changed its name to India Steel. Isibars requested circumstances reviews involving a that the Department determine whether successor–in-interest determination, the DEPARTMENT OF COMMERCE India Steel is the successor–in-interest Department typically examines several to Isibars, in accordance with section factors including, but not limited to’ (1) International Trade Administration 751(b) of the Act, and 19 CFR 351.216 management; (2) production facilities; (2007). In addition, Isibars submitted (3) supplier relationships; and (4) A–533–809 documentation from the government of customer base. See Brass Sheet and Notice of Initiation of Antidumping India related to its name change. In Strip from Canada: Final Results of Duty Changed Circumstances Review: response to Isibars’ request, the Antidumping Administrative Review, 57 Certain Forged Stainless Steel Flanges Department is initiating a changed FR 20460, 20462 (May 13, 1992) and from India circumstances review of this order. Certain Cut–to-Length Carbon Steel Plate from Romania: Initiation and AGENCY: Import Administration, Scope of the Order Preliminary Results of Changed International Trade Administration, The products covered by this order Circumstances Antidumping Duty Department of Commerce are certain forged stainless steel flanges, Administrative Review, 70 FR 22847 SUMMARY: In response to a request by both finished and not finished, (May 3, 2005) (Plate from Romania). Isibars, Ltd. (Isibars), and pursuant to generally manufactured to specification While no single factor or combination of section 751(b) of the Tariff Act of 1930, ASTM A–182, and made in alloys such factors will necessarily be dispositive, as amended (the Act) and 19 CFR as 304, 304L, 316, and 316L. The scope the Department generally will consider 351.216 and 351.221(c)(3), the includes five general types of flanges. the new company to be the successor to

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14960 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

the predecessor if the resulting Partial Rescission of Antidumping Duty of Commerce, 14th Street and operations are essentially the same as Administrative Review, 72 FR 45221 Constitution Ave., NW, Washington, DC those of the predecessor company. See, (August 13, 2007). The cash deposit will 20230; telephone: (202) 482–0413. e.g., Industrial Phosphoric Acid from be altered, if warranted, pursuant only SUPPLEMENTARY INFORMATION: On April Israel: Final Results of Antidumping to the final results of this review. 22, 2002 the Department determined Duty Changed Circumstances Review, This notice of initiation is in that Fujian Pelagic Fishery Group Co. 59 FR 6944, 6945 (February 14, 1994), accordance with section 751(b)(1) of the (‘‘Fujian’’) and Pacific Coast Fisheries and Plate from Romania, 70 FR 22847. Act, 19 CFR 351.216(b) and (d), and 19 Corp. (‘‘Pacific Coast’’) are not affiliated Thus, if the record evidence CFR 351.221(b)(1). parties pursuant to section 771(33) of demonstrates that, with respect to the Dated: March 14, 2008. the Tariff Act of 1930, as amended (‘‘the production and sale of the subject Stephen J. Claeys, Act’’). See Final Results and merchandise, the new company Deputy Assistant Secretary for Import accompanying Issues and Decision operates as the same business entity as Administration. Memorandum at Comment 18. In the predecessor company, the Crawfish I, the CIT found that ‘‘Fujian Department may assign the new [FR Doc. E8–5691 Filed 3–19–08; 8:45 am] BILLING CODE 3510–DS–S had not made an investment, whether in company the cash deposit rate of its cash or in the form of a promissory note, predecessor. See, e.g., Fresh and Chilled in Pacific Coast and that Fujian did not Atlantic Salmon from Norway: Final DEPARTMENT OF COMMERCE exercise control over Pacific Coast.’’ See Results of Changed Circumstances Crawfish Processors Alliance v. United Antidumping Duty Administrative International Trade Administration States, 343 F. Supp. 2d 1242, 1269 (Ct. Review, 64 FR 9979, 9980 (March 1, (A–570–848) Int’l Trade 2004) (‘‘Crawfish I’’). The CIT 1999). Although Isibars submitted sustained the Department’s documentation related to its name Freshwater Crawfish Tail Meat from the determination that the two entities are change, it failed to provide complete People’s Republic of China: Notice of not affiliated. Id. On appeal, the CAFC, supporting documentation for the four Court Decision Not in Harmony with holding that section 771(33)(E) of the elements listed above. Accordingly, the Final Results of Administrative Review Act ‘‘does not require a transfer of cash Department has determined that it or merchandise to prove ownership or would be inappropriate to expedite this AGENCY: Import Administration, control of an organization’s shares,’’ action by combining the preliminary International Trade Administration, found that Fujian put forth sufficient results of review with this notice of Department of Commerce. evidence to demonstrate that it directly initiation, as permitted under 19 CFR SUMMARY: On March 5, 2008 the United or indirectly owned and controlled at 351.221(c)(3)(ii). Therefore, the States Court of International Trade least 5% of Pacific Coast’s shares. See Department is not issuing the (‘‘CIT’’) sustained the remand Crawfish Processors Alliance v. United preliminary results of its antidumping redetermination issued by the States, 477 F.3d 1375, 1384 (Fed. Cir. duty changed circumstances review at Department of Commerce (‘‘the 2007). The CAFC determined that this time. Department’’), pursuant to the CIT’s The Department will issue substantial evidence did not support the remand order, regarding the final results Department’s determination that Fujian questionnaires requesting factual of the administrative review of the information for the review, and will and Pacific Coast are not affiliated and antidumping duty order on fresh water reversed the decision of the CIT in publish in the Federal Register a notice crawfish tail meat from the People’s of preliminary results of antidumping Crawfish I. Id. Consequently, as Republic of China. See Crawfish mandated by the Federal Circuit, the duty changed circumstances review, in Processors Alliance v. United States, accordance with 19 CFR 351.221(b)(2) CIT remanded the Final Results to the Slip Op. 08–27 (March 5, 2008) Department to recalculate the dumping and (4), and 19 CFR 351.221(c)(3)(i). (‘‘Crawfish II’’). This case arises out of The notice will set forth the factual and margin treating Fujian and Pacific Coast the Department’s final results in the as affiliated parties. See Crawfish legal conclusions upon which our administrative review covering the preliminary results are based and a Processors Alliance v. United States, period September 1, 1999 - August 31, Slip Op. 07–156 (October 30, 2007). description of any action proposed 2000. See Freshwater Crawfish Tail based on those results. Pursuant to 19 Thus, pursuant to the CIT’s remand Meat from the People’s Republic of instructions, the Department treated CFR 351.221(b)(4)(ii), interested parties China; Notice of Final Results of will have an opportunity to comment on Fujian and Pacific Coast as affiliated Antidumping Duty Administrative parties pursuant to section 771(33)(E) of the preliminary results of review. In Review, and Final Partial Rescission of accordance with 19 CFR 351.216(e), the the Act, and recalculated Fujian’s Antidumping Duty Administrative dumping margin from 174.04% to Department will issue the final results Review, 67 FR 19546 (April 22, 2002) of its antidumping duty changed 60.83%. (‘‘Final Results’’). Consistent with the The Department released the Draft circumstances review not later than 270 decision of the United States Court of days after the date on which the review Results of Redetermination Pursuant to Appeals for the Federal Circuit Court Remand (‘‘Draft is initiated. (‘‘CAFC’’) in The Timken Co. v. United During the course of this antidumping Redetermination’’) to the interested States, 893 F.2d 337 (Fed. Cir. 1990) duty changed circumstances review, the parties for comment on December 11, (‘‘Timken’’), the Department is notifying cash deposit requirements for the 2007. On December 18, 2007, in the public that Crawfish II is not in subject merchandise exported and response to a request by Fujian, the harmony with the Department’s Final manufactured by India Steel will Department granted parties an Results. continue to be the rate established in the additional two days to submit final results of the last administrative EFFECTIVE DATE: March 20, 2008. comments on the Draft review for all other manufacturers and FOR FURTHER INFORMATION CONTACT: Paul Redetermination. No party submitted exporters not previously reviewed. See Walker, AD/CVD Operations, Office 9, comments by the December 20, 2007 Certain Forged Stainless Steel Flanges Import Administration, International deadline. On January 28, 2008 the from India: Notice of Final Results and Trade Administration, U.S. Department Department filed its final results of

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14961

redetermination pursuant to Court Service, is issuing guidelines to NOAA MARINE Debris Program Grant remand with the CIT. See Final Remand implement the Marine Debris Program Program Guidelines Results of Redetermination Pursuant to (MDP) grant program. The MDP was Section 1. Goals and Objectives Court Remand, Court No. 02–00376, created by the Marine Debris Research, (January 28, 2008) (‘‘Final Remand Prevention, and Reduction Act (33 The Marine Debris Research, Redetermination’’). On March 5, 2008 U.S.C. 1951 et seq.) to coordinate, Prevention, and Reduction Act (the Act) the CIT sustained all aspects of the Final strengthen, and enhance the awareness (33 U.S.C. 1951 et seq.) establishes a Remand Redetermination. See Crawfish of marine debris efforts within the marine debris program within the II. agency and work with external partners National Oceanic and Atmospheric In its decision in Timken, 893 F.2d at to support research, prevention, and Administration (NOAA) to reduce and 341, the CAFC held that, pursuant to reduction activities related to the issue prevent the occurrence and adverse section 516A(e) of the Act, the of marine debris. The NOAA MDP impacts of marine debris on the marine Department must publish a notice of a mission is to support a national and environment and navigation, through court decision that is not ‘‘in harmony’’ international effort focused on activities such as: with a Department determination, and preventing, identifying and removing • Mapping, identification, impact must suspend liquidation of entries marine debris and to protect and protect assessment, removal, and prevention; pending a ‘‘conclusive’’ court decision. our nation’s natural resources, oceans, • Reducing and preventing loss of As a result of the Department’s and coastal waterways from the impacts fishing gear; and treatment of Fujian and Pacific Coast as of marine debris. Within the Act, the • Outreach. affiliated parties, the CIT’s decision in MDP is directed to develop formal The Act also directs the Administrator this case, on March 5, 2008, constitutes guidelines for the implementation of a to provide financial assistance in the a final decision of the court that is not grant program and is seeking comments form of grants to accomplish the Act’s in harmony with the Department’s Final on the proposed grant program purpose of identifying, determining Results. This notice is published in guidelines through this document. sources of, assessing, reducing, and fulfillment of the publication DATES: The agency must receive preventing marine debris and its requirements of Timken. Accordingly, comments concerning this document on adverse impacts on the marine the Department will continue the or before April 21, 2008. environment, living marine resources, suspension of liquidation of the subject ADDRESSES: Please send your comments and navigation safety. merchandise pending the expiration of by e-mail to: NOAA.Marine The Act further directs the the period of appeal or, if appealed, [email protected] or by Administrator to issue guidelines for the pending a final and conclusive court mail to: Sarah E. Morison, NOAA implementation of the grant program, decision. In the event the CIT’s ruling is Marine Debris Program Coordinator, including development of criteria and not appealed or, if appealed, upheld by Office of Response and Restoration, priorities for grants, in consultation the CAFC, the Department will instruct N/ORR, SSMC4, 10th floor, 1305 East- with the Interagency Marine Debris U.S. Customs and Border Protection to West Highway, Silver Spring, MD, Coordinating Committee; regional revise the cash deposit rates covering 20910. fishery management councils the subject merchandise. FOR FURTHER INFORMATION CONTACT: established under the Magnuson- This notice is issued and published in Sarah E. Morison, Tel: 301–713–2989 Stevens Fishery Conservation and accordance with section 516A(c)(1) of x120 or by e-mail at: Management Act; state, regional, and the Act. [email protected]. local governmental entities with marine Dated: March 14, 2008. SUPPLEMENTARY INFORMATION: NOAA’s debris experience; marine-dependent David M. Spooner, Marine Debris Program (MDP) serves as industries; and nongovernmental Assistant Secretary for Import a centralized marine debris capability organizations involved in marine debris Administration. within NOAA in order to coordinate, research, prevention, and removal [FR Doc. E8–5669 Filed 3–19–08; 8:45 am] strengthen, and increase the visibility of activities. BILLING CODE 3510–DS–S marine debris issues and efforts within The grant program’s objective is to the agency, its partners, and the public. bring together groups, public and non- The NOAA MDP mission is to support profit organizations, industry, academia, DEPARTMENT OF COMMERCE a national and international effort commercial organizations, corporations focused on preventing, identifying and and businesses, youth conservation National Oceanic and Atmospheric removing marine debris and to protect corps, students, landowners, and local Administration and protect our nation’s natural governments, and state and Federal [Docket No.: 071213835–7836–01] resources, oceans, and coastal agencies to implement marine debris- waterways from the impacts of marine related projects to support NOAA’s RIN: 0648–ZB84 debris. Additionally, the MDP supports mission, ‘‘to understand and predict and works closely with various partners changes in Earth’s environment and Availability of Draft Guidelines for the conserve and manage coastal and Marine Debris Program Grant Program across the U.S. to fulfill the Program’s mission. The proposed guidelines marine resources to meet our Nation’s AGENCY: National Ocean Service (NOS), implementing the MDP’s grant program economic, social, and environmental National Oceanic and Atmospheric are set forth below. needs.’’ These diverse entities will be Administration (NOAA), Department of sought at the national, state, and local Commerce. Electronic Access level to contribute funding, technical ACTION: Request for Comments on Information on the MDP can be found assistance, workforce support or other Proposed Guidelines for NOAA’s on the World Wide Web at: http:// in-kind services to allow citizens to take Marine Debris Program Grant Program. marinedebris.noaa.gov, responsibility for the improvement of The proposed guidelines important, living marine resources, their SUMMARY: NOAA’s Office of Response implementing the MDP grant program habitats and other uses of the ocean that and Restoration, National Ocean are set forth below. are impacted by marine debris.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14962 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

Section 2. Purpose of the Guidelines this grant program. Individuals may also make debris less harmful while in the These guidelines provide information apply. Federal agencies are not eligible environment are also considered for potential applicants to the NOAA to apply for funding through any reduction-focused. Examples of this Marine Debris Program’s (MDP) grant opportunity covered by these type of project are modifications to program. In regard to MDP grants that guidelines; however, they are fishing gear so that, if lost, there is a may be awarded by NOAA through encouraged to work in partnership with mechanism for trapped animals to competitive solicitations, the guidelines state agencies, municipalities, and escape or a way to reduce the gear’s explain the grant program goals and community groups who may apply. fishing efficiency. objectives, and the implementation of Section 5. Activities To Address Marine Outreach projects should be focused the competitive grant program. Debris enough to achieve results within a target audience; be able to measure the In order to accomplish its Generally, the MDP grant program is comprehensive mission, the MDP attitudes and behaviors of the target interested in funding projects that audience before and after the project, anticipates using two different address one or more activities specified approaches in designing its grant convey the importance of marine debris in the Act, including: issues, and have tangible products. program. First, the MDP will solicit • Mapping, identification, impact recipients who will work directly on assessment, removal and prevention of The Federal marine debris individual projects related to relevant marine debris; information clearinghouse, as of early marine debris issues. Second, the MDP • Reducing and preventing the loss of 2008, has not yet been organized. Its will solicit diverse entities which will fishing gear; status will be updated and provided in be funded to engage actively in • Outreach and education; and any funding opportunity announcement establishing partnership arrangements • Assisting in maintaining an up-to- that lists maintaining the clearinghouse with other organizations with the date Federal marine debris information as a priority to focus project proposals. purpose of cooperatively implementing clearinghouse. The MDP anticipates that funding marine debris-related projects to benefit The MDP anticipates that proposed opportunities will note the priorities in NOAA trust resources. The entities projects, either funded directly through the selection of applications in the selected to establish these partnerships NOAA or through entities selected to competitive announcements. Such will assume the administrative leverage funding through partnership priorities may note that applications responsibilities, such as awarding arrangements with other organizations, would be more likely to be successful if contracts and managing progress and should clearly demonstrate anticipated they demonstrated a clear need for the financial reports, for making subawards benefits to: proposed action(s), assisted the nation • to accomplish individual projects. Aquatic habitats, including but not in gaining a better understanding of, or Section 3. Definition of Terms limited to, salt marshes, seagrass beds, addressing, marine debris, and have coral reefs, mangrove forests, or other clear results within the priorities of the Act—Marine Debris Research, sensitive aquatic habitats; applicable funding opportunity. Prevention, and Reduction Act (P.L. • Species, including marine Monitoring or performance evaluation 109–449,33 U.S.C. 1951 et seq.) mammals, commercial and non- components to address the long-term Administrator—The Administrator of commercial fishery resources; success of the project are also the National Oceanic and Atmospheric endangered and threatened marine encouraged. As is warranted, the MDP Administration. species, seabirds, or other NOAA trust may develop other selection priorities Marine Debris—TBD, currently being resources; for inclusion in the funding written with USCG. • Navigation safety; or opportunities. MDP—Marine Debris Program, within • Other aspects of the marine the NOAA National Ocean Service, environment. The MDP anticipates that non- Office of Response and Restoration. Research-focused projects should research projects requesting funds NOAA—The National Oceanic and explicitly state the hypothesis or predominantly for administration, Atmospheric Administration, within the purpose of the research, the methods salaries, and overhead may be U.S. Department of Commerce. that will be used, and how the results discouraged in light of the fact that the State—Any State of the United States, may be used and analyzed to better majority of funds should be used for American Samoa, Guam, the understand or decrease the impacts or activities that would otherwise not be Commonwealth of the Northern Mariana amount of marine debris in the undertaken. Actual uses of the funds Islands, the Commonwealth of Puerto environment. Research projects are not would depend on the type and focus of Rico, and the U.S. Virgin Islands, as required to have an outreach the project. well as any other territory or possession component; however, they should Section 6. Cost-Sharing Requirement of the United States, or separate include a method for sharing project sovereign in free association with the results with other researchers and Section 3(c)(2)(A) of the Act (33 United States. relevant parties. U.S.C. 1952(c)(2)(A)) states Federal Prevention-focused projects should funds may not exceed 50 percent of the Section 4. Eligible Participants have a component that is able to total cost of a project under this In accordance with section 3(c)(4) of measure the success of the activity Program. The competitive funding the Act, any state, local or tribal within a target audience or debris type. opportunities will set out how the government whose activities affect Reduction-focused projects should match requirement may be met, such as research or regulation of marine debris emphasize reduction and prevention through volunteer hours, and will vary and any institution of higher education; within local, state or regional plans. depending on the entities selected for nonprofit organization, Regional Fishery Removal of debris should result in funding. Section 3(C)(2)(B) provides that Management Councils, or commercial benefits to the species and habitats a waiver of the match may be allowed organization, with expertise in a field listed in this section of these guidelines, if the Administrator determines the related to marine debris, is, eligible to and respond to a local, state or regional project meets the following two submit a marine debris proposal under prioritization method. Projects that requirements:

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14963

(1) No reasonable means are available property, services or anything of value NOAA Marine Debris Program will be through which applicants can meet the to a recipient in order to accomplish a described each year in the NOFAs and matching requirement, and public purpose of support or FFOs for NOAA-funded project awards (2) The probable benefit of such stimulation that is authorized by and for awards to organizations that will project outweighs the public interest in Federal statute. issue subawards to fund projects related the matching requirement. Each year, the NOAA Marine Debris to marine debris issues. Any applicant interested in requesting Program Director will determine the Section 10. Partnerships With Other a waiver should provide a detailed proportion of Program funds that will be Federal Agencies justification explaining the need for the allocated to direct project funding waiver including attempts to obtain through grants and to organizations that Should other Federal agencies partner sources of matching funds, how the will leverage NOAA dollars through with NOAA to award funding, benefit of the project outweighs the partnership arrangements. The opportunities will be published in public interest in providing match, and proportion of funding to be allocated to http://www.grants.gov and through such any other extenuating circumstances these organizations may depend upon other vehicles as may be appropriate for preventing the availability of match. the amount of funds available from the particular agency making the In addition, the Act provides, in partnering organizations to leverage solicitation announcement. Examples section 3(c)(3)(A), that if authorized by NOAA dollars and the ability of would be the Federal Register or the the Administrator or the Attorney partners to help NOAA fund a broad particular agencies’ Web sites. General, the non-Federal share of the array of projects over a wide geographic Application requirements may vary by cost of a project may include money or distribution. partner agency and will be specified in the value of any in-kind service the relevant solicitations. Section 9. NOAA Selection Guidelines performed under an administrative Section 11. Environmental Compliance order on consent or judicial consent NOAA’s Notice of Funding and Safety decree that will remove or prevent Availability (NOFA) and accompanying marine debris. Federal Funding Opportunity (FFO) It is the applicant’s responsibility to announcement will contain funding obtain all necessary Federal, state, and Section 7. Funding Mechanisms opportunity descriptions, award local government permits and approvals The MDP grant program may use new information, eligibility information, for the proposed work. Applicants are or existing NOAA grant programs as application and submission expected to design their projects so that vehicles to fund projects related to the information, priority funding areas for they minimize the potential for adverse purposes of the Act. The MDP the year, application review and impacts to the environment. NOAA anticipates that competitive funding selection criteria, award administration must analyze the potential opportunities will be announced information, Administrative and environmental impacts, as required by entailing marine debris funding and National Environmental Policy Act the National Environmental Policy Act including funding priorities for the year. requirements, agency contacts, and (NEPA), for applications that seek Opportunities will be made public other information for potential NOAA funding and which are subject to through a Notice of Funding applicants. In 2000, NOAA adopted five NOAA control and discretion. Proposals Availability (NOFA) published in the standard evaluation criteria for all its should provide enough detail for NOAA Federal Register and posted on http:// competitive grant programs, as follows: to make a NEPA determination. www.grants.gov. The availability of • Importance and Applicability of Successful applications cannot be funding to be awarded through Proposal—This criterion ascertains forwarded to the NOAA Grants subgrants from NOAA grant recipients, whether there is intrinsic value in the Management Division with including applicable selection priorities, proposed work and/or relevance to recommendations for funding until will be announced through email, Web NOAA, Federal, regional, state or local NOAA completes necessary NEPA sites, and press releases. activities. documentation or determines it does not • Technical/Scientific Merit—This apply. Section 8. NOAA Funding Sources and criterion assesses whether the approach Consequently, as part of an Dispersal Mechanisms is technically sound and/or innovative, applicant’s package, and under the The MDP grant program envisions if the methods are appropriate, and description of proposed activities, funding projects through cooperative whether there are clear project goals and applicants will be required to provide agreements and grants, as appropriate. objectives. detailed information on the activities to A cooperative agreement is a funding • Overall Qualifications of be conducted, such as site locations, mechanism reflecting a relationship Applicants—This criterion ascertains species and habitat(s) to be affected, between NOAA and a recipient whether the applicant possesses the possible construction activities, and any whenever: (1) The principal purpose of necessary education, experience, environmental concerns that may exist the relationship is to transfer funds, training facilities, and administrative (e.g., the use of and/or disposal of services or goods to the recipient for a resources to accomplish the project. hazardous or toxic substances, public purpose, and (2) substantial • Project Costs—This criterion introduction of non-indigenous species, involvement is anticipated between evaluates the budget to determine if it impacts to endangered and threatened NOAA and the recipient during is realistic and commensurate with the species, impacts to coral reef systems). performance of the contemplated project needs and time-frame. For partnerships, where project-specific activity. • Outreach, Education, and details may not be available at the time A grant is similar to a cooperative Community Involvement—NOAA an award is made, partners must meet agreement, except that in the case of assesses whether the project provides a the same environmental compliance grants, substantial involvement between focused and effective education and requirements on subsequent sub- NOAA and the recipient is not outreach strategy regarding NOAA’s awards. anticipated during the performance of mission. In addition to providing specific the contemplated activity. Financial Information on how these criteria are information that will serve as the basis assistance is the transfer of money, specifically applied in the context of the for any required impact analyses,

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14964 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

applicants may also be required to assist DEPARTMENT OF COMMERCE Act, provided the public has been NOAA in the drafting of an notified of the Council’s intent to take environmental assessment if NOAA National Oceanic and Atmospheric final action to address the emergency. Administration determines an assessment is necessary Special Accommodations and that one does not already exist for RIN 0648–XG45 the activities proposed in the This meeting is physically accessible application. Applicants will also be New England Fishery Management to people withdisabilities. Requests for required to cooperate with NOAA in Council; Public Meeting sign language interpretation or other identifying and implementing feasible auxiliary aids should be directed to Paul AGENCY: National Marine Fisheries J. Howard (see ADDRESSES) at least 5 measures to reduce or avoid any Service (NMFS), National Oceanic and days prior to the meeting date. identified adverse environmental Atmospheric Administration (NOAA), Authority: 16 U.S.C. 1801 et seq. impacts of their proposal. The selecting Commerce. official may decide, at the time of Dated: March 17, 2008. ACTION: Notice; public meeting. proposal review, to recommend funding Tracey L. Thompson, a project in phases to enable an SUMMARY: The New England Fishery Acting Director, Office of Sustainable applicant to provide information needed Management Council’s (Council) Vessel Fisheries, National Marine Fisheries Service. for an environmental assessment, Monitoring System (VMS)/Enforcement [FR Doc. E8–5633 Filed 3–19–08; 8:45 am] feasibility analysis or similar activity if Committee will meet to consider actions BILLING CODE 3510–22–S a NEPA determination cannot be made affecting New England fisheries in the for all activities in a particular exclusive economic zone (EEZ). application. The selecting official may DATES: The meeting will be held on DEPARTMENT OF COMMERCE also impose special award conditions Thursday, April 3, 2008 at 9 a.m. National Oceanic and Atmospheric that limit the use of funds for activities ADDRESSES: Administration that have outstanding environmental Meeting address: The meeting will be compliance requirements. Special held at the Starboard Galley Restaurant, RIN 0648–XE04 award conditions may also be imposed, 55 Water Street, Newburyport, MA; for example, to ensure that grantees (978)462–1326. New and Revised Conservation and Management Measures and consider and plan for the safety of Council address: New England Resolutions for Antarctic Marine Living volunteers, and provide appropriate Fishery Management Council, 50 Water Resources Under the Auspices of credit for NOAA and other contributors. Street, Mill 2, Newburyport, MA 01950. CCAMLR Activities that address marine debris, FOR FURTHER INFORMATION CONTACT: Paul particularly removal actions, can be J. Howard, Executive Director, New AGENCY: National Marine Fisheries dangerous and may require additional England Fishery Management Council; Service (NMFS), National Oceanic and telephone: (978)465–0492. safety consideration. The applicant may Atmospheric Administration (NOAA), be requested to submit safety SUPPLEMENTARY INFORMATION: The items Commerce. information for activities being of discussion in the committee’s agenda ACTION: Final notice. considered, to ensure full review and are as follows: SUMMARY: NMFS notifies the public that understanding. The selecting official Agenda for Thursday, April 3, 2008 the United States has accepted may also impose special award 1. The VMS/Enforcement Committee conservation and management measures conditions that limit the use of funds for will discuss the running clock; and a resolution pertaining to fishing in activities that have outstanding safety discussion points include a 24 hour Antarctic waters managed by the issues. limit, safety improvements, enforced Commission for the Conservation of Section 12. Funding Ranges with VMS, call-in, Interactive Voice Antarctic Marine Living Resources Response, radioing U.S. Coast Guard, (Commission or CCAMLR). The The funding opportunities, number of and others. Commission adopted these measures at awards, and funding ranges to be made 2. They will also discuss Sector its twenty-sixth meeting in Hobart, in future years will depend on the monitoring and enforcement; how many Tasmania, October 22 to November 2, amount of funds appropriated to the landings there are (proposed and 2007. The measures have been agreed MDP annually by Congress. Such actual), percentage of vessels checked at upon by the Member countries of information will be published in the the dock by Office of Law Enforcement/ CCAMLR, including the United States, NOFA and FFO for each funding States (proposed and actual), weigh- in accordance with Article IX of the opportunity. master minimum requirements, Convention for the Conservation of enforcement of independent monitoring, Antarctic Marine Living Resources (the Statutory Authority changes required in enforcement Convention). The measures include: priorities and practices, and others. measures previously adopted by the Marine Debris Research, Prevention, Although non-emergency issues not Commission and remaining in force; and Reduction Act (33 U.S.C. 1951 et contained in this agenda may come measures adopted for the 2007/2008 seq.) before this group for discussion, those fishing season to restrict overall catches, Dated: March 7, 2008. issues may not be the subject of formal research catch and bycatch of certain William Corso, action during this meeting. Action will species of finfish, squid, krill and crabs; Deputy Assistant Administrator. be restricted to those issues specifically restrict fishing in certain areas; restrict identified in this notice and any issues use of certain fishing gear; specify [FR Doc. E8–5442 Filed 3–19–08; 8:45 am] arising after publication of this notice implementation and inspection BILLING CODE 3510–JE–M that require emergency action under obligations supporting the Catch section 305(c) of the Magnuson-Stevens Documentation Scheme of Contracting Fishery Conservation and Management Parties; and promote compliance with

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14965

CCAMLR measures by non-Contracting Comment 2 communication equipment and trained Party vessels. The full text of all the Another commenter, the Humane operators on board; sufficient measures adopted by CCAMLR can also Society International (HIS) and the immersion survival suits for all on be found on CCAMLR’s website Humane Society of the United States board; adequate arrangements to handle —www.ccamlr.org. (HSUS), supports immediate ratification medical emergencies; reserves of food, and enactment of the protection fresh water, fuel and spare parts for DATES: This final notice is effective on critical equipment; and an approved March 20, 2008. measures agreed to at last November’s CCAMLR meeting. This commenter also Shipboard Oil Pollution Emergency FOR FURTHER INFORMATION CONTACT: urged the United States and other Plan outlining marine pollution Robert Gorrell, Office of Sustainable member countries to begin to identify mitigation arrangements in the event of Fisheries, Room 13463, 1315 East-West and address the following areas that the a fuel or waste spill 1,2,3 (CM 10–02); Highway, SSMC3, NMFS, Silver Spring, commenter believes are in need of and automated satellite-linked Vessel MD 20910; tel: 301–713–2341; fax 301– improvement: (1) climate change; (2) ice Monitoring Systems (VMS) 713–1193; e-mail strengthening of fishing vessels; (3) requirements to eliminate the exception [email protected]. banning use of heavy gas oils in for vessels participating in the krill Antarctic waters; (4) trade controls in fishery (CM 10–04). SUPPLEMENTARY INFORMATION: support of containing IUU fishing; (5) The Commission revised general fisheries matters to require: notifications Background choosing an ecosystem-based management consistent framework for of intent to participate in a fishery for Pursuant to 50 CFR 300.111, NMFS setting krill catch limits for small scale krill, Euphausia superba, including and the U.S. Department of State (DOS) management units; and (6) International notification of intent to participate in a published in the Federal Register on Whaling Commission/CCAMLR fishery for krill (CM 21–03); data December 21, 2007 (72 FR 72826) the workshop on whale research. The HIS reporting system for Euphausia superba full text of the new and revised and HSUS elaborated on their fisheries (CM 23–06); and minimization conservation and management measures suggestions and urgings for the United of the incidental mortality of seabirds in adopted by CCAMLR at its 2007 States in each of these six areas. the course of longline fishing or longline meeting. NMFS did not republish those fishing research in the Convention conservation and management measures Response Area1,2,3 by giving Spanish longline that were adopted at a previous Beyond the comment by the HIS and system vessel operators the choice of CCAMLR meeting and that did not HSUS that they had no objection to the either using traditional weights under change. measures that were published in the the current two mass/spacing regimes or using steel weights under a mass NMFS invited the public to comment preliminary notice by NMFS and DOS, spacing regime and by specifying the on these conservation measures and they raised other issues that were mass and spacing of weights (CM 25– received two such comments. outside the scope of the measures and resolution adopted at the 2007 CCAMLR 02). Comment 1 meeting and presented in this notice. The Commission revised fishery Nonetheless, those issues (e.g., climate regulations for krill by: setting One commenter suggested a cessation change, trade measures, and krill precautionary catch limits on to the harvesting of krill in all oceans by harvesting for small scale management Euphausia superba in Statistical all countries. The commenter stated that units) are being discussed and debated Subareas 48.1, 48.2, 48.3, and 48.4 so krill are the foundation forage for by member nations to CCAMLR that the total combined catch in these several important food chains, including including the United States, and by the subareas is limited to 620,000 tonnes finfish, cetaceans, and ultimately CCAMLR Scientific Committee. (trigger level) in any fishing season until humans, and that if humans collectively Therefore, it is quite possible that these the Commission has defined an weaken food chain foundations, humans discussions could lead to conservation allocation of the total catch limit of 3.47 do harm to their long-term commercial measures in the future that CCAMLR million tones between smaller fish harvests and especially to the would adopt and that would address management units (CM 51–01); and continued long-term prosperity of the concerns voiced by HIS and HSUS. setting precautionary catch limitation oceans. After considering public comment on Euphausia superba in Statistical Response under 50 CFR 300.111, NMFS notifies Division 58.4.2 at 2.645 million tonnes the public that the United States accepts total catch, which may be subdivided NMFS recognizes the importance of the conservation measures adopted at into 1.448 million tonnes west of 55 krill in the ocean’s food chains and has CCAMLR’s twenty-sixth meeting, and degrees E. and 1.080 million tonnes east taken action in CCAMLR to support the considers the measures in effect with of 55 degrees E., however, until the adoption of a precautionary approach to respect to the United States. For the full Commission has defined an allocation setting catch limits on the large text of the measures adopted, see 72 FR of this total catch limit between smaller concentrations of krill in the CCAMLR 72826, December 21, 2007. NMFS management units, the total catch in Convention Area. The United States has provides the following summary of Division 58.4.2 is limited to 260,000 agreed to a catch limit in CCAMLR that these conservation measures and a tonnes west of 55 degrees E. and is well below the harvestable biomass. resolution as a courtesy to the public. 192,000 tonnes east of 55 degrees E. in Total international harvests in the krill any fishing season (CM 51–03). The fishery in the past have been at a low Revised Measures Commission carried over from last year percentage relative to the CCAMLR The Commission revised the the precautionary catch limit on catch limits. Beyond working in following compliance measures: Euphausia superba in Statistical international fora such as CCAMLR, the licensing and inspection obligations of Division 58.4.1 of 440,000 tonnes total United States cannot control foreign Contracting Parties with regard to their catch, which is subdivided into 277,000 harvests of krill in all oceans by all flag vessels operating in the Convention tonnes west of 115 degrees E. and countries. Area were revised to require -- adequate 163,000 tonnes east of 115 degrees E.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14966 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

CCAMLR Ecosystem Monitoring should depart the closed fishery as soon data pursuant to data collection plans Program as all fishing gear has been removed for bottom fisheries to be developed by The Commission rescinded the Seal from the water, and if gear cannot be the Scientific Committee; and submit Islands as CCAMR Ecosystem removed by the notified closure date relevant data to CCAMLR and the Monitoring Program Protected Sites. then the Flag State, Secretariat, and Scientific Committee for review. The Members must be notified. new bottom fishing measure also Prohibitions on Directed Fishing The Commission adopted a new addresses data collection and sharing, The Commission retained the measure 1,2,3 (CM 22–06) that restricts including digital maps of VMEs in the continuing prohibitions for directed bottom fishing in the Convention Area Convention Area, and scientific research fishing for finfish in Statistical Subareas south of 60°S; and to the rest of the activities. Beginning in 2009 and 48.1 and 48.2; for Notothenia rossii in Convention Area with the exception of biennially thereafter, the Commission Statistical Subareas 48.1, 48.2 and 48.3; subareas and divisions where an agreed to examine the effectiveness of for Gobionotothen gibberifrons, established fishery was in place in relevant conservation measures in Chaenocephalus aceratus, 2006/2007 with a catch limit greater protecting VMEs from significant Pseudochaenicthys georgianus, than zero. The purpose is to prevent adverse impacts, based upon advice Lepidonotothen squamifrons and significant adverse impacts from the Scientific Committee. Patagonotothen guntheri in Statistical on‘‘vulnerable marine ecosystems’’ Subareas 48.3; for Lepidonotothen (VME) (including seamounts, Bycatch hydrothermal vents, cold water corals squamifrons in Statistical Division The Commission agreed to extend the and sponge fields). Under this measure, 58.4.4; for Dissostichus species in existing bycatch limits in Statistical until November 2008, bottom fishing Statistical Division 58.4.4 outside areas Division 58.5.2 into the 2007/2008 activities shall be limited to those areas of national jurisdiction; for Dissostichus season. The Commission also agreed to for which bottom fishing activities were eleginoides in Statistical Subarea 58.6; extend the existing bycatch limits and approved by the Commission in the for Dissostichus eleginoides in move-on rules for exploratory fisheries 2006/2007 fishing season. Contracting Statistical Subarea 58.7; for Dissostichus into the 2007/2008 season. eleginoides in Statistical Division 58.5.1 Parties whose vessels wish to engage in outside areas of national jurisdiction; for any bottom fishing activities, beginning The Commission adopted a new Dissostichus eleginoides in Statistical 1 December 2008, must follow the measure (CM 33–02) that there be no Division 58.5.2 east of 79°20’E and procedures proscribed by the directed fishing for any species other outside of the EEZ to the west of Commission to assess the impacts of than Dissostichus eleginoides and 79°20’E; for Dissostichus species in bottom fishing on VMEs. The CCAMLR Champsocephalus gunnari in Statistical Statistical Subarea 88.2 north of 65° S; Scientific Committee will conduct an Division 58.5.2 in the 2007/2008 fishing for Dissostichus species in Statistical assessment to determine if the bottom season. The measure for Statistical Subarea 88.3; and for Electrona fishing would contribute to having Division 58.5.2 also limited bycatch of carlsbergi in Statistical Subarea 48.3. significant adverse impacts on VMEs Channichthys rhinoceratus to 150 The Commission adopted a new and to ensure that individual bottom tonnes, bycatch of Lepidonotothen general measure (CM 32–09) that fishing activities are managed to prevent squamifrons to 80 tonnes, bycatch of prohibited directed fishing for such impacts or are not authorized to Macrourus spp. to 360 tonnes, and the Dissostichus species in Statistical proceed. bycatch of skates and rays to 120 tonnes. Subarea 48.5, except in accordance with Where evidence of a VME is The bycatch of any other fish species specific conservation measures, during encountered in the course of bottom and for which there is no other catch the 2007/2008 fishing season. fishing operations, Contracting Parties limit in force, may not exceed 50 tonnes are to report the encounter to the in Statistical Division 58.5.2. The General Fisheries Matters and Fishery Secretariat so that appropriate measure also set minimum distances Regulations conservation measures can be adopted separating fishing locations or trawl The Commission adopted a new relevant to the site. The Commission paths if specified bycatch limits of general measure (CM 31–02) for the agreed to adopt initial conservation certain species were exceeded.The closure of all fisheries1,2,3. This new measures in 2008 to be applied when Commission adopted a new conservation measure requires all evidence of a VME is encountered in the measure1,2,3 (CM 33–03) that applies to vessels to remove their fishing gear from course of fishing operations. new and exploratory fisheries in all the water by the notified closure date All Contracting Parties whose vessels areas containing small-scale research and time, and upon receipt of such participate in bottom fisheries must units (SSRUs) in the 2007/2008 season, notification, no further longlines may be ensure that their vessels are: properly except where specific bycatch limits set within 24 hours of the notified equipped; carry at least one CCAMLR- apply. The catch limits for all bycatch closure date and time. All vessels designated scientific observer; submit species are:

TABLE 1: BYCATCH CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN 2007/2008

Dissostichus spp. Bycatch catch limit Statistical Subarea/ Division Region catch limit (tonnes Skates and rays Macrourus spp. Other species per region) (tonnes per region) (tonnes per region) (tonnes per SSRU)

48.6 North of 60°S 200 50 32 20

South of 60°S 200 50 32 20

58.4.1 Whole division 600 50 96 20

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14967

TABLE 1: BYCATCH CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN 2007/2008—Continued

Dissostichus spp. Bycatch catch limit Statistical Subarea/ Division Region catch limit (tonnes Skates and rays Macrourus spp. Other species per region) (tonnes per region) (tonnes per region) (tonnes per SSRU)

58.4.2 Whole division 780 50 124 20

58.4.3 Whole division 250 50 26 20

58.4.3b North of 60°S 150 50 80 20

88.1 Whole subarea 2,660 133 426 20

88.2 South of 60°S 547 50 88 20

Within these catch limits, the total any SSRU is likely to reach the specified Spain (one vessel), Ukraine (one vessel), catch of bycatch species in any SSRU or catch limit, and of the closure of that and Uruguay (one vessel) and the total combination of SSRUs as defined in SSRU when that limit is reached; (7) the catch for Dissostichus spp. is limited to relevant conservation measures shall total number and weight of Dissostichus 600 tonnes of which no more than 200 not exceed the following limits: skates eleginoides and Dissostichus mawsoni tonnes may be taken in any one of the and rays 5% of the catch limit of discarded must be reported; (8) each eight SSRUs (new CM 41–11); (3) Dissostichus spp. or 50 tonnes vessel must have one scientific observer longline fishing in Statistical Division whichever is greater; Macrourus spp. appointed in accordance with the 58.4.2 by Australia (one vessel), Japan 16% of the catch limit for Dissostichus CCAMLR Scheme of International (one vessel); Republic of Korea (five spp. or 20 tonnes, whichever is greater, Scientific Observation, and where vessels), Namibia (two vessels), New and all other species combined 20 possible one additional scientific Zealand (two vessels), South Africa (one tonnes. Unless otherwise requested by observer, on board throughout all vessel), Spain (one vessel), Ukraine (one scientific observers, vessels, where fishing activities within the fishing vessel), and Uruguay (one vessel) and possible, should release skates and rays season; (9) a Data Collection Plan, the total catch for Dissostichus spp. is alive from the line by cutting snoods, Research Plan, and Tagging Program, limited to 780 tonnes of which no more and when practical removing the hooks. together with specific provisions for than 260 tonnes may be taken in any The measures would require a vessel to each exploratory fishery must be one of the five SSRUs (new CM 41–05); cease fishing and move on to other implemented; and (10) notification (4) longline fishing in Statistical fishing grounds if harvests reached a provisions for Members who are not Division 58.4.3a (the Elan Bank) outside certain target level. going to participate in the fishery. areas under national jurisdiction to no more than one vessel per country at any New and Exploratory Fishing Dissostichus Species time by Uruguay and the total catch for The Commission adopted new general The Commission set (new CM 41–02) Dissostichus spp. is limited to 250 measures 1,2,3 (CM 41–01) for a combined catch limit of 3,920 tonnes tonnes in areas outside of national exploratory fisheries using trawl or for the longline and pot fisheries for jurisdiction (new CM 41–06); (5) longline methods, except for such Dissostichus eleginoides in Statistical longline fishing in Statistical Division fisheries where the Commission has Subarea 48.3 in each of the fishing 58.4.3b (the BANZARE Bank) outside given specific exemptions, for seasons 2007/2008 and 2008/2009. The areas of national jurisdiction is limited Dissostichus spp. in the Convention catch limit is further subdivided: (1) to no more than one vessel per country Area in the 2007/2008 season, which Management Area A (West Shag Rocks at any time by Australia, Japan, include: (1) fishing in any small-scale area): 0 tonnes; (2) Management Area B Republic of Korea, Namibia, Spain and research unit (SSRU) must cease when (Shag Rocks area): 1,176 tonnes in each Uruguay and the total catch for the reported catch reaches the specified season; and (3) Management Area C Dissostichus spp. is limited to 150 catch limit and that SSRU will be closed (South Georgia area): 2,744 tonnes in tonnes in SSRU A and 50 tonnes for the to fishing for the remainder of the each season. The Commission also set scientific research survey in SSRUs A season; (2) how the precise geographic bycatch limits on other species. and B (new CM 41–07); (6) fishing for positions of a haul in trawl fisheries will The Commission authorized Dissostichus eleginoides with trawls, be determined; (3) how the precise exploratory fisheries for Dissostichus pots, or longlines in Statistical Division geographic position of a haul/set in spp. for the 2007/2008 fishing season as 58.5.2 is limited to 2,500 tonnes west of longline fisheries will be determined; follows: (1) longline fishing in 79 degrees 20 minutes E. (new CM 41– (4) the vessel will be deemed to be Statistical Subarea 48.6 by no more than 08); (7) longline fishing in Statistical fishing in any SSRU from the beginning one vessel per country at any time by Subarea 88.1 by Argentina (two vessels), of the setting process until the Japan, Republic of Korea, New Zealand, Republic of Korea (five vessels), completion of the hauling of all lines; and South Africa and the total catch for Namibia (one vessel), New Zealand (5) catch and effort information for each Dissostichus spp. is limited to 200 (four vessels), Russia (two vessels), species by SSRU must be reported using tonnes north of 60 degrees S. and 200 South Africa (one vessel), Spain (one CCAMLR’s Five-day Catch and Effort tonnes south of 60 degrees S. (new CM vessel), United Kingdom (three vessels), Reporting System; (6) the Secretarial 41–04); (2) longline fishing in Statistical and Uruguay (two vessels) and the total will notify Contracting Parties Division 58.4.1 by Australia (one catch of Dissostichus spp. is limited to participating in these fisheries when the vessel), Japan (one vessel), Republic of 2,700 tonnes of which 40 tonnes is set total catch for Dissostichus eleginoides Korea (five vessels), Namibia (two aside for research fishing and the and Dissostichus mawsoni combined in vessels), New Zealand (three vessels), remaining 2,660 tonnes is divided 313

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14968 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

tonnes total for SSRUs B,C, and G and Statistical Area 58.4.1 at 440,000 tonnes pressing and complex technology 1,698 tonnes total for SSRUs H, I, and as indicated above. problems facing the Department of K, and 495 tonnes for SSRU J, and 154 Defense in such areas as research, Resolution: tonnes for SSRU L (new CM 41–09); and engineering, and manufacturing, and (8) longline fishing in Statistical The Commission adopted Resolution will ensure the identification of new Subarea 88.2 by Argentina (two vessels), 26/XXVI (International Polar Year/ technologies and new applications of New Zealand (four vessels), Russia (two Census of Antarctic Marine Life) urging technology in those areas to strengthen vessels), South Africa (one vessel), Contracting Parties to support and national security. No matter shall be Spain (one vessel), United Kingdom where possible contribute to the assigned to the Board for its (three vessels), and Uruguay (two International Polar Year activities in the consideration that would require any vessels) and the total catch of CCAMLR Convention Area, including Board Member to participate personally Dissostichus spp. South of 65 degrees S. the Census of Antarctic Marine Life. and substantially in the conduct of any is limited to 567 tonnes of which 20 1 Except for waters adjacent to the specific procurement or place him or tonnes is set aside for research fishing Kerguelen Islands her in the position of acting as a 2 and the remaining 547 tonnes is divided Except for waters adjacent to the ‘‘procurement official,’’ as that term is Crozet Islands defined pursuant to law. 206 tonnes total for SSRUs C, D, F, and 3 G and 341 tonnes for SSRU E (new CM Except for waters adjacent to the The Board shall be composed of 41–10). Prince Edward Islands approximately 35 members and For further information, see the approximately six Senior Fellow Icefish CCAMLR web site at www.ccamlr.org members, who are eminent authorities under Publications for the Schedule of The Commission adopted area in the fields of scientific, technical, Conservation Measures in Force (2007/ specific conservation measures for manufacturing, acquisition process, and 2008), or contactthe Commission at the Champsocephalus gunnari for the 2007/ other matters of special interest to the CCAMLR Secretariat, P.O. Box 213, 2008 season and set the overall catch Department of Defense. North Hobart, Tasmania 7002, Australia. limit for the C. gunnari trawl fishery in The Board members shall be Tel: (61) 3–6210–1111). Statistical Subarea 48.3 at 2,462 tonnes appointed by the Secretary of Defense, (new CM 42–01). The use of bottom Authority: 16 U.S.C. 2431 et seq. and their appointments will be renewed on an annual basis. Those members, trawls in the directed fishery was Dated: March 14, 2008. prohibited and fishing for C. gunnari who are not full-time federal officers or Samuel D. Rauch III, employees, shall serve as Special within 12 nautical miles of the coast of Deputy Assistant Administrator for South Georgia during March 1 to May Government Employees under the Regulatory Programs National Marine authority of 5 U.S.C. 3109. 31 was prohibited. Fisheries Service. The Secretary of Defense, based upon The Commission set the catch limit [FR Doc. E8–5680 Filed 3–19–08; 8:45 am] the recommendation of the Under for the C. gunnari trawl fishery within BILLING CODE 3510–22–S Secretary of Defense (Acquisition, defined areas of Division 58.5.2 for the Technology and Logistics), shall appoint 2007/2008 season at 220 tonnes and the Board’s Chairperson. The Under implemented a ten-day catch and effort DEPARTMENT OF DEFENSE Secretary of Defense (Acquisition, reporting system for the fishery (new Technology and Logistics) shall appoint CM 42–02). Office of the Secretary the Vice Chairperson. The Board Chairman and Vice Chairman will be Crab Renewal of Department of Defense appointed for two-year terms and may Federal Advisory Committees The Commission set the total be reappointed for additional terms. allowable catch level for the pot fishery AGENCY: DoD. Members may be appointed for terms for crab in Statistical Subarea 48.3 for ACTION: ranging from one to four years. Such the 2007/2008 fishing season at 1,600 Renewal of Federal Advisory Committee. appointments will normally be tonnes and continued to limit staggered among the Board membership participation to one vessel per member SUMMARY: Under the provisions of the to ensure an orderly turnover in the country (new CM 52–01). Federal Advisory Committee Act of Board’s overall composition on a The Commission established an 1972, (5 U.S.C. appendix, as amended), periodic basis. With the exception of experimental harvest regime for vessels the Government in the Sunshine Act of travel and per diem for official travel, participating in the crab fishery in 1976 (5 U.S.C. 552b, as amended), and they shall normally serve without Statistical Subarea 48.3 in the 2007/ 41 CFR 102–3.65, the Department of compensation, unless otherwise 2008 fishing season (new CM 52–02). Defense gives notice that it is renewing authorized by the appointing authority. Squid the charter for the Defense Science The Secretary of Defense may invite Board (hereafter referred to as the other distinguished Government officers The Commission set the total Board). to serve as non-voting Observers of the allowable catch limit for the exploratory The Board is a discretionary federal Board, and these appointments shall not jig fishery for Martialia hyadesi in advisory committee established by the count toward the Board’s total Statistical Subarea 48.3 for the 2007/ Secretary of Defense to provide the membership. 2008 fishing season at 2,500 tonnes and Department of Defense independent The Under Secretary of Defense required each vessel participating in advice and recommendations on (Acquisition, Technology, and Logistics) this exploratory fishery to collect data in scientific, technical, manufacturing, may appoint consultants, with special accordance with a specified Data acquisition process, and other matters of expertise, to assist the Board on an ad Collection Plan (new CM 61–01). special interest to the Department of hoc basis. All consultants shall serve as Special Government Employees under Krill Defense. The Board is not established to advise the authority of 5 U.S.C. 3109. In The Commission carried forward the on individual DoD procurements, but addition, the Under Secretary of Defense precautionary catch limits for krill in instead shall be concerned with the (Acquisition, Technology and Logistics)

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14969

may identify chairpersons from other and functions. Written statements may ACTION: Notice of Revised Non-Foreign advisory committees to serve on the be submitted at any time or in response Overseas Per Diem Rates. Board. These individuals will sit as to the stated agenda of planned meeting observers only and shall not vote on of the Defense Science Board. SUMMARY: The Per Diem, Travel and matters before the Board. All written statements shall be Transportation Allowance Committee is The Board shall be authorized to submitted to the Designated Federal publishing Civilian Personnel Per Diem establish subcommittees, as necessary Officer for the Defense Science Board, Bulletin Number 257. This bulletin lists and consistent with its mission, and and this individual will ensure that the revisions in the per diem rates these subcommittees or working groups written statements are provided to the prescribed for U.S. Government shall operate under the provisions of the membership for their consideration. employees for official travel in Alaska, Federal Advisory Committee Act of Contact information for the Defense Hawaii, Puerto Rico, the Northern 1972, the Government in the Sunshine Science Board’s Designated Federal Mariana Islands and Possessions of the Act of 1976, and other appropriate Officer can be obtained from the GSA’s United States. AEA changes announced federal regulations. FACA Database—https://www.fido.gov/ in Bulletin Number 194 remain in effect. Such subcommittees or workgroups facadatabase/public.asp. Bulletin Number 257 is being published shall not work independently of the The Designated Federal Officer, in the Federal Register to assure that chartered Board, and shall report all pursuant to 41 CFR 102–3.150, will travelers are paid per diem at the most their recommendations and advice to announce planned meetings of the current rates. the Board for full deliberation and Defense Science Board. The Designated EFFECTIVE DATE: April 1, 2008. discussion. Subcommittees or Federal Officer, at that time, may SUPPLEMENTARY INFORMATION: workgroups have no authority to make This provide additional guidance on the document gives notice of revisions in decisions on behalf of the chartered submission of written statements that Board nor can they report directly to the per diem rates prescribed by the Per are in response to the stated agenda for Diem Travel and Transportation Department of Defense or any federal the planned meeting in question. officers or employees who are not Board Allowance Committee for non-foreign FOR FURTHER INFORMATION CONTACT: Jim members. areas outside the continental United Freeman, Deputy Committee States. It supersedes Civilian Personnel SUPPLEMENTARY INFORMATION: The Board Management Officer for the Department Per Diem Bulletin Number 256. shall meet at the call of the Board’s of Defense, 703–601–6128. Distribution of Civilian Personnel Per Designated Federal Officer, in Dated: March 14, 2008. Diem Bulletins by mail was consultation with the Board’s discontinued. Per Diem Bulletins chairperson. The Designated Federal L.M. Bynum, Alternate OSD Federal Register Liaison published periodically in the Federal Officer, pursuant to DoD policy, shall be Register now constitute the only a full-time or permanent part-time DoD Officer, Department of Defense. [FR Doc. E8–5634 Filed 3–19–08; 8:45 am] notification of revisions in per diem employee, and shall be appointed in rates to agencies and establishments BILLING CODE 5001–06–P accordance with established DoD outside the Department of Defense. For policies and procedures. The Designated more information or questions about per Federal Officer or duly appointed DEPARTMENT OF DEFENSE diem rates, please contact your local Alternate Designated Federal Officer travel office. The text of the Bulletin shall attend all committee meetings and Office of the Secretary follows: subcommittee meetings. March 13, 2008. Pursuant to 41 CFR 102–3.105(j) and Revised Non-Foreign Overseas Per 102–3.140, the public or interested Diem Rates L.M. Bynum, organizations may submit written Alternate OSD Federal Register Liaison statements to the Defense Science Board AGENCY: DoD, Per Diem, Travel and Officer, DoD. membership about the Board’s mission Transportation Allowance Committee. BILLING CODE 5001–06–M

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14970 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4725 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES EN20MR08.000 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14971

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4725 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES EN20MR08.001 14972 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4725 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES EN20MR08.002 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14973

[FR Doc. E8–5504 Filed 3–19–08; 8:45 am] existing inventory of record systems SUPPLEMENTARY INFORMATION: The BILLING CODE 5001–06–C subject to the Privacy Act of 1974 (5 Department of the Navy systems of U.S.C. 552a), as amended. records notices subject to the Privacy DATES: This proposed actions will be Act of 1974 (5 U.S.C. 552a), as amended, DEPARTMENT OF DEFENSE effective without further notice on April have been published in the Federal Register and are available from the Department of Navy 21, 2008 unless comments are received which result in a contrary address above. Privacy Act of 1974; System of determination. The Department of Navy proposes to Records ADDRESSES: Send comments to the delete a system of records notices from its inventory of record systems subject AGENCY: Department of the Navy, DoD. Department of the Navy, PA/FOIA Policy Branch, Chief of Naval to the Privacy Act of 1974 (5 U.S.C. ACTION: Notice to delete a System of Operations (DNS–36), 2000 Navy 552a), as amended. The proposed Records. Pentagon, Washington, DC 20350–2000. deletion is not within the purview of SUMMARY: The Department of the Navy FOR FURTHER INFORMATION CONTACT: Mrs. subsection (r) of the Privacy Act of 1974 is deleting a system of records in its Doris Lama at (202) 685–6545. (5 U.S.C. 552a), as amended, which

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES EN20MR08.003 14974 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

requires the submission of new or Dated: March 14, 2008. comment on the provisions thereof. altered systems reports. L.M. Bynum, Comments are invited on: (a) Whether Dated: March 14, 2008. Alternate OSD Federal Register Liaison the proposed collection of information is necessary for the proper performance L.M. Bynum, Officer, Department of Defense. of the functions of the agency, including Alternate OSD Federal Register Liaison N04410–2 whether the information shall have Officer, Department of Defense. Military/Civilian Dependents practical utility; (b) the accuracy of the N07240–1 Hurricane Shelter List (February 22, agency’s estimate of the burden of the 1993, 58 FR 10742). proposed information collection; (c) SYSTEM NAME: ways to enhance the quality, utility, and Commercial Invoice Payments History REASON: clarity of the information to be System (February 22, 1993, 58 FR This information is now collected collected; and (d) ways to minimize the 10806). under N01754–4, Navy Family burden of the information collection on Accountability and Assessment System respondents, including through the use REASON: (NFAAS) (August 16, 2007, 72 FR of automated collection techniques or Records fall under T7801, myInvoice 46045). other forms of information technology. System (October 12, 2006, 71 FR 60121). The information collection tool is All Navy records were destroyed after N10140–1 available on the EAC Web site (http:// four years. Ration Card Records (February 22, www.eac.gov). [FR Doc. E8–5635 Filed 3–19–08; 8:45 am] 1993, 58 FR 10812). DATES: Written comments must be submitted on or before May 19, 2008. BILLING CODE 5001–06–P REASON: ADDRESSES: Written comments and Ration Cards are no longer issued for recommendations on the proposed DEPARTMENT OF DEFENSE that area. All files have been destroyed, information collection should be sent to as our offices have been closed in that the U.S. Election Assistance Department of the Navy area. Commission, 1225 New York Avenue, N10140–2 NW., Suite 1100, Washington, DC Privacy Act of 1974; System of 20005, ATTN: Election Day Survey (or Records Privately-Owned Tax-free Vehicle via the Internet at http:// Record Cards, Tax-free Gasoline Record [email protected]). AGENCY: Department of the Navy, DoD. Cards (February 22, 1993, 58 FR 10812). ACTION: Notice to delete four Systems of FOR FURTHER INFORMATION CONTACT: To Records. REASON: request more information on this Program discontinued when bases proposed information collection or to SUMMARY: The Department of the Navy were closed in this area. All files have obtain a copy of the proposal and is deleting four systems of records in its been destroyed. associated collection instruments, existing inventory of record systems please write to the above address or call subject to the Privacy Act of 1974, (5 N05300–6 Mrs. Juliet Thompson-Hodgkins, Ms. U.S.C. 552a), as amended. Armed Forces Staff College Karen Lynn-Dyson, or Ms. Shelly DATES: This proposed action will be Administrative Data System (February Anderson at (202) 566–3100. The effective without further notice on April 22, 1993, 58 FR 10752). proposed data collection instrument is 21, 2008 unless comments are received available on the EAC Web site (http:// which result in a contrary REASON: www.eac.gov). determination. This college is now called the Joint SUPPLEMENTARY INFORMATION: Forces Staff College and it falls under Title and OMB Number: 2008 Election ADDRESSES: Send comments to the the National Defense University. Administration and Voting Survey; Department of the Navy, PA/FOIA Records fall under Army systems of OMB Number Pending. Policy Branch, Chief of Naval records notice A0351 NDU, NDU Needs and Uses: This proposed Operations (DNS–36), 2000 Navy National Defense University Student information collection activity is Pentagon, Washington, DC 20350–2000. Data Files. necessary to meet requirements of the FOR FURTHER INFORMATION CONTACT: Mrs. [FR Doc. E8–5636 Filed 3–19–08; 8:45 am] Help America Vote Act (HAVA) of 2002 Doris Lama at (202) 685–6545. (42 U.S.C. 15301). Section 241 of HAVA BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: The requires the EAC to study and report on Department of the Navy systems of election activities, practices, policies, records notices subject to the Privacy and procedures, including methods of Act of 1974, (5 U.S.C. 552a), as ELECTION ASSISTANCE COMMISSION voter registration, methods of amended, have been published in the Information Collection Activity; conducting provisional voting, poll Federal Register and are available from Proposed Information Collection; worker recruitment and training, and the address above. Comment Request such other matters as the Commission The Department of the Navy proposes determines are appropriate. In addition, to delete four systems of records notices AGENCY: U.S. Election Assistance HAVA transferred to the EAC the from its inventory of record systems Commission (EAC). Federal Election Commission’s subject to the Privacy Act of 1974 (5 ACTION: Notice. responsibility of biennially U.S.C. 552a), as amended. The proposed administering a survey on the impact of deletion is not within the purview of SUMMARY: In compliance with Section the National Voter Registration Act subsection (r) of the Privacy Act of 1974 3506(c)(2)(A) of the Paperwork (NVRA). The information the States are (5 U.S.C. 552a), as amended, which Reduction Act of 1995, EAC announces required to submit to the EAC for requires the submission of new or the proposed extension of a public purposes of the NVRA report are found altered systems reports. information collection and seeks public under Title 11 of the Code of Federal

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14975

Regulations (Chapter 1, part 8, applications received from all sources; Location in which votes were tallied— subchapter C). HAVA 703(a) also (f) Number of voter registration central location, precinct/polling place, amended the Uniformed and Overseas applications that were duplicates, or early vote site. Citizens Absentee Voters Act by invalid or rejected, new, changes of requiring that ‘‘not later than 90 days name, address, party, and not 2008 Election Results after the date of each regularly categorized; (g) Number of duplicate (a) Total number of votes cast—at scheduled general election for Federal registration applications received from polling places, via absentee ballot, at office, each State and unit of local all sources; (h) Total number of early vote centers, via provisional government which administered the removal/confinnation notices mailed to ballots. election shall (through the State, in the voters and the reason for removal; (i) case of a unit of local government) Total number of voters removed from Statutory Overview (2008 Federal submit a report to the Election the registration list or moved to the General Election) Assistance Commission (established inactive registration list. (a) Information on whether the state is under the Help America Vote Act of Uniformed and Overseas Citizens exempt from the National Voter 2002) on the combined number of Absentee Voting Act (UOCAVA) absentee ballots transmitted to absent Registration Act (NVRA); (b) State uniformed services voters and overseas (a) Total number of UOCAVA definition of terms—over-vote, under- voters for the election and the combined absentee ballots transmitted, returned, vote, blank ballot, void/spoiled ballot, number of such ballots which were cast, and counted; (b) Total number of provisional/challenged ballot; (c) State returned by such voters and cast in the UOCAVA absentee ballots not counted definition of inactive and active voter; and the reason for rejection; (c) Total election, and shall make such a report (d) State provision for voter number of Federal Write-in Absentee available to the general public.’’ In order identification at registration, for in- to fulfill these requirements and to Ballots returned and cast by UOCAVA voters; (d) Number of UOCAVA ballots person voting, and for mail-in or provide a complete report to Congress, absentee voting; (e) information on legal the EAC is seeking information relating transmitted as part of the two-election cycle of automatic requests; (e) Number citation for changes to election laws or to the period from the Federal general procedures enacted or adopted since the election day + 1, 2006 through the of UOCAVA ballots transmitted as part of the two-election cycle of automatic previous Federal general election; (f) November 2008 Federal general State definition of voter registration; (g) election. requests that were returned Affected Public: State government. undeliverable and submitted for Process used for moving voters from Number of Respondents: 55. counting. active to inactive lists and from inactive to active; (h) State deadline for Responses per Respondent: 1. Election Administration Estimated Burden Per Response: 147 registration for the Federal general hours. (a) Total number of precincts in the election; (i) Information of whether the Estimated Total Annual Burden state/jurisdiction; (b) Number of polling state is an Election Day/Same Day Hours: 8,085 hours. places available for voting in the Registration state; (j) Description of state Frequency: Biennially. November 2008 Federal general voter registration database system— To improve and facilitate the election; (c) Number of poll workers bottom-up or top-down; (k) State voter collection and analysis of the survey used for election day; (d) Extent to removal/confirmation notices processes; data, the EAC anticipates developing which jurisdictions had enough poll (l) Agency or department that is and providing to the States Excel- workers available for the general responsible for list maintenance; (m) compatible templates along with data election. Information on whether there are format sheets/data maps that explain Election Day Activities each data element being requested. The electronic links between the voter template format will allow respondents (a) Total number of persons who registrar’s office and other state to upload and save data in a format that voted in the 2008 Federal general agencies; (n) State’s use of National is readily available to the States. The election; (b) The source of the Change of Address (NCOA); (o) State’s completed template can then be sent participation number—poll books, voting eligibility requirements as they directly to the EAC’s contractor via ballots counted, vote history; (c) Total relate to convicted felons; (p) Tabulation email. The following categories of number of first-time voters who of votes cast at a place other than the information are requested on a state- registered by mail and were required to voter’s precinct; (q) Provision for voting and county-level (or township-, provide identification in order to vote; absentee; (r) State tracking of the date of independent city-, borough-level, where (d) Number of voters who appeared on all ballots cast before election day; (s) applicable): the permanent absentee voter Provision for mail-in voting in place of registration list; ( e) Number of absentee at-the-precinct voting; (t) Acceptance or Voter Registration Applications (From ballots requested, received, counted, the Period of Federal General Election rejection of provisional ballots of voters and not counted; (f) Reasons for registered in a different precinct; (u) Day + 1, 2006 Through Federal General absentee ballot rejection; (g) Number of Election Day, 2008) State process for capturing over-votes provisional ballots cast, counted, and and under-votes. (a) Total number of registered voters; rejected; (h) Reasons for provisional (b) Number of active and inactive ballot rejection; (i) Use of electronic and Thomas R. Wilkey, registered voters; (c) Number of persons printed poll books during the 2008 Executive Director, U.S. Election Assistance who registered to vote on Election Federal general election; (j) Type and Commission. Day—only applicable to States with number of voting equipment used for [FR Doc. E8–5471 Filed 3–19–08; 8:45 am] Election Day registration; (d) Number of the 2008 Federal general election; (k) BILLING CODE 6820–KF–M voters who registered using online Type of process in which voting registration—only applicable to States equipment was used—precinct, that allow online registration: (e) absentee, early vote site, accessible to Number of voter registration disabled voters, provisional voting; (l)

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14976 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

DEPARTMENT OF ENERGY Street, NE., Washington, DC 20426 and the Natural Gas Policy Act of 1978 refer to Docket No. IC08–11–000. (NGPA) (15 U.S.C. 3301–3432). The Federal Energy Regulatory Documents filed electronically via the NGA and NGPA authorize the Commission Internet must be prepared in an Commission to prescribe rules and [Docket No. IC08–11–000; FERC Form No. acceptable filing format and in regulations requiring natural gas 11] compliance with the Federal Energy pipeline companies whose gas was Regulatory Commission’s submission transported or stored for a fee, which Commission Information Collection guidelines. Complete filing instructions exceeded 50 million dekatherms in each Activities, Proposed Collection; and acceptable filing formats are of the three previous calendar years to Comment Request; Extension available at (http://www.ferc.gov/help/ submit FERC Form No. 11. The submission-guide/electronic-media.asp). Commission implements these filing March 13, 2008. To file the document electronically, requirements in the Code of Federal AGENCY: Federal Energy Regulatory access the Commission’s Web site and Regulations (CFR) under 18 CFR 260.3 Commission. click on Documents & Filing, E-Filing and 385.2011. ACTION: (http://www.ferc.gov/docs-filing/ Notice of proposed information Although the submission of the form efiling.asp), and then follow the collection and request for comments. is quarterly, the information is reported instructions for each screen. First time on a monthly basis. This permits the SUMMARY: In compliance with the users will have to establish a user name requirements of section 3506(c)(2)(a) of and password. The Commission will Commission to follow developing trends the Paperwork Reduction Act of 1995 send an automatic acknowledgement to on a pipeline’s system. Gas revenues (Pub. L. No. 104–13), the Federal Energy the sender’s e-mail address upon receipt and quantities of gas by rate schedule, Regulatory Commission (Commission) is of comments. transition cost from upstream pipelines, soliciting public comment on the All comments may be viewed, printed and reservation charges are reported. specific aspects of the information or downloaded remotely via the Internet This information is used by the collection described below. through FERC’s homepage using the Commission to assess the reasonableness of the various revenues DATES: Comments on the collection of eLibrary link. For user assistance, information are due May 19, 2008. contact [email protected] or and cost of service items claimed in rate filings. It also provides the Commission ADDRESSES: Copies of the proposed toll-free at (866) 208–3676 or for TTY, contact (202) 502–8659. with a view of the status pipeline collection of information can be activities, allows revenue comparisons FOR FURTHER INFORMATION CONTACT: obtained from the Commission’s Web between pipelines, and provides the Michael Miller, the Commission’s site (http://www.ferc.gov/docs-filing/ financial status of the regulated Information Collection Officer, may be elibrary.asp) or from the Federal Energy pipelines. Regulatory Commission, Attn: Michael reached by telephone at (202) 502–8415, Miller, Office of the Executive Director by fax at (202) 273–0873, and by e-mail Action: The Commission is requesting Officer, ED–34, 888 First Street, NE., at [email protected]. a one-year extension of the current Washington, DC 20426. Comments may SUPPLEMENTARY INFORMATION: The expiration date, while it assesses its be filed either in paper format or information collected under the information needs with respect to the electronically. Those parties filing requirements of FERC Form No. 11 Form 11. There are no changes to the electronically do not need to make a ‘‘Natural Gas Monthly Quarterly existing collection of data. This is a paper filing. For paper filing, the Statement of Monthly Data’’ (OMB No. mandatory information collection original and 14 copies of such 1902–0032) is used by the Commission requirement. comments should be submitted to the to implement the statutory provisions of Burden Statement: Public reporting Office of the Secretary, Federal Energy Sections 10(a) and 16 of the Natural Gas burden for this collection is estimated Regulatory Commission, 888 First Act (NGA) (15 U.S.C. 717–717w) and as:

Number of Number of responses Average burden hours respondents annually per respondent per response Total annual burden hours

(1) (2) (3) (1) × (2) × (3)

70 4 3 840

Estimated total cost to respondents is information; and (4) filing the Comments are invited on: (1) The $51,040. (840 hours divided by 2080 information. accuracy of the agency’s burden hours 1 per year times $126,384 2 equals The cost estimate for respondents is estimate for the information collection, $51,040.) The average estimated cost per based upon salaries for professional and including the validity of the respondent is $729.14. clerical support, as well as direct and methodology and assumptions used to The reporting burden includes the indirect overhead costs. Direct costs calculate the reporting burden; and (2) total time, effort, or financial resources include all costs directly attributable to ways to enhance the quality, utility and expended to generate, maintain, retain, providing this information, such as clarity of the information to be disclose, or provide the information administrative costs and the cost for collected. including: (1) Reviewing instructions; information technology. Indirect or (2) using technology and systems for the overhead costs are costs incurred by an Kimberly D. Bose, purpose of providing the information; organization in support of its mission. Secretary. (3) completing and reviewing the These costs apply to activities which [FR Doc. E8–5594 Filed 3–19–08; 8:45 am] benefit the whole organization rather BILLING CODE 6717–01–P 1 Number of hours an employee works each year. than any one particular function or 2 Average annual salary per employee. activity.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14977

DEPARTMENT OF ENERGY to serve a copy of that document on available for inspection and each person in the official service list reproduction at the address in item h Federal Energy Regulatory for the project. Further, if an intervenor above. Commission files comments or documents with the n. Individuals desiring to be included [Project No. 9988–015] Commission relating to the merits of an on the Commission’s mailing list should issue that may affect the responsibilities so indicate by writing to the Secretary Augusta Canal Authority; Notice of of a particular resource agency, they of the Commission. Application Accepted for Filing; must also serve a copy of the document o. Competing Development Soliciting Motions To Intervene, on that resource agency. Application: Any qualified development Protests, and Comments; and k. Description of Project: The existing applicant desiring to file a competing Soliciting Scoping Comments King Mill Hydroelectric Project consists development application must submit to of: (1) Intake works consisting of a 50- the Commission, on or before a March 13, 2008. foot-long, 15-foot-high headgate and specified comment date for the Take notice that the following intake structure; (2) primary and particular application, either a hydroelectric application has been filed secondary steel trash racks; (3) a 200- competing development application or a with the Commission and is available foot-long, 40-foot-wide, concrete-lined, notice of intent to file such an for public inspection: open flume head race; (4) a 435-foot- application. Submission of a timely a. Type of Application: New major long, 30-foot-wide brick and masonry notice of intent to file a development License. powerhouse; (5) two vertical shaft application allows an interested person b. Project No.: 9988–015. turbine/generator units with an installed to file the competing application no c. Date filed: May 31, 2007. capacity of 2.25 megawatts; (6) a 435- later than 120 days after the specified d. Applicant: Augusta Canal foot-long, 30-foot-wide, concrete-lined, comment date for the particular Authority. open tailrace section which returns application. A competing license e. Name of Project: King Mill flows to the Augusta Canal, and (7) application must conform with 18 CFR Hydroelectric Project. appurtenant facilities. There is no dam 4.30 and 4.36. f. Location: The King Mill Project is or impoundment, as approximately 881 p. Notice of Intent: A notice of intent located on the Augusta Canal about 6 cfs of water is withdrawn from the must specify the exact name, business miles downstream of the Augusta Augusta Canal when operating at full address, and telephone number of the Diversion Dam, adjacent to the capacity. Developed head is prospective applicant, and must include Savannah River, Richmond County, approximately 32 feet. The estimated an unequivocal statement of intent to Augusta, GA. The project does not affect generation is 14,366 MWh annually. submit, if such an application may be federal lands. Nearly all generated power is utilized by filed, either a preliminary permit g. Filed Pursuant to: Federal Power the Standard Textile Plant, located application or a development Act, 16 U.S.C. 791(a)–825(r). within the King Mill building, for textile application (specify which type of h. Applicant Contacts: Mr. Dayton production. No new facilities or changes application). A notice of intent must be Sherrouse, Executive Director, Augusta in project operation are proposed. served on the applicant(s) named in this Canal Authority, 1450 Green Street, l. Scoping Process: The Commission public notice. Suite 400, Augusta, GA 30901; staff intends to prepare a single q. Comments, Protests, or Motions to Telephone (706) 823–0440, Ext. 1. Environmental Assessment (EA) for the Intervene: Anyone may submit i. FERC Contact: Sarah Florentino, King Mill Hydroelectric Project in comments, a protest, or a motion to Telephone (202) 502–6863, or e-mail accordance with the National intervene in accordance with the [email protected]. Additional Environmental Policy Act. The EA will requirements of Rules of Practice and information on Federal Energy consider both site-specific and Procedure, 18 CFR 385.210, 385.211, Regulatory Commission (FERC) cumulative environmental impacts and 385.214. In determining the appropriate hydroelectric projects is available on reasonable alternatives to the proposed action to take, the Commission will FERC’s Web site: http://www.ferc.gov/ action. consider all protests or other comments industries/hydropower.asp. Commission staff does not propose to filed, but only those who file a motion j. Deadline for Filing Comments, conduct any on-site scoping meetings at to intervene in accordance with the Protests, and Motions to Intervene: 60 this time. Instead, we are soliciting Commission’s Rules may become a days from the issuance date of this comments, recommendations, and party to the proceeding. Any comments, notice. information, on the Scoping Document protests, or motions to intervene must All documents (original and eight (SD) issued on March 13, 2008. be received on or before the specified copies) should be filed with: Kimberly m. Locations of Applications: A copy comment date for the particular D. Bose, Secretary, Federal Energy of the application and scoping application. Regulatory Commission, 888 First document is available for inspection Comments, protests and interventions Street, NE., Washington, DC 20426. and reproduction at the Commission in may be filed electronically via the Comments, protests, and interventions the Public Reference Room, located at Internet in lieu of paper; See 18 CFR may be filed electronically via the 888 First Street, NE., Room 2A, 385.2001(a)(1)(iii) and the instructions Internet in lieu of paper; see 18 CFR Washington, DC 20426, or by calling on the Commission’s Web site under ‘‘e- 385.2001(a)(1)(iii) and the instructions (202) 502–8371. This filing may also be filing’’ link. The Commission strongly on the Commission’s Web site under the viewed on the Commission’s Web site encourages electronic filing. ‘‘e-Filing’’ link. The Commission at: http://www.ferc.gov using the r. Filing and Service of Responsive strongly encourages electronic filings. ‘‘eLibrary’’ link. Enter the docket Documents: Any filings must bear in all Please include the project number (P– number excluding the last three digits in capital letters the title ‘‘COMMENTS’’, 9988–015) on any comments or motions the docket number field to access the ‘‘RECOMMENDATIONS FOR TERMS filed. document. For assistance, call toll-free AND CONDITIONS’’, ‘‘PROTEST’’, The Commission’s Rules of Practice 1–866–208–3676 or e-mail ‘‘COMPETING APPLICATION’’ OR and Procedure require all intervenors [email protected]. For TTY, ‘‘MOTION TO INTERVENE’’, as filing documents with the Commission call (202) 502–8659. A copy is also applicable, and the Project Number of

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14978 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

the particular application to which the up to 100,000 Dth per day of additional comments in support of or in opposition filing refers. Any of the above-named firm transportation service, all as more to this project. The Commission will documents must be filed by providing fully set forth in the application which consider these comments in the original and the number of copies is on file with the Commission and open determining the appropriate action to be provided by the Commission’s for public inspection. taken, but the filing of a comment alone regulations to: The Secretary, Federal Any questions regarding this will not serve to make the filer a party Energy Regulatory Commission, 888 Application should be directed to to the proceeding. The Commission’s First Street, NE., Washington, DC 20426. Fredric J. George, Lead Counsel, rules require that persons filing A copy of any motion to intervene must Columbia Gas Transmission comments in opposition to the project also be served upon each representative Corporation, P.O. Box 1273, Charleston, provide copies of their protests only to of the Applicant specified in the West Virginia 25325–1273 at (304) 357– the party or parties directly involved in particular application. 2359 or by fax at (304) 357–3206. the protest. s. Agency Comments: Federal, State, Pursuant to section 157.9 of the Persons who wish to comment only and local agencies are invited to file Commission’s rules, 18 CFR 157.9, on the environmental review of this comments on the described application. within 90 days of this Notice the project should submit an original and A copy of the application may be Commission staff will either: Complete two copies of their comments to the obtained by agencies directly from the its environmental assessment (EA) and Secretary of the Commission. Applicant. If an agency does not file place it into the Commission’s public Environmental commenters will be comments within the time specified for record (eLibrary) for this proceeding, or placed on the Commission’s filing comments, it will be presumed to issue a Notice of Schedule for environmental mailing list, will receive have no comments. One copy of an Environmental Review. If a Notice of copies of the environmental documents, agency’s comments must also be sent to Schedule for Environmental Review is and will be notified of meetings the Applicant’s representatives. issued, it will indicate, among other associated with the Commission’s milestones, the anticipated date for the environmental review process. Kimberly D. Bose, Commission staff’s issuance of the final Environmental commenters will not be Secretary. environmental impact statement (FEIS) required to serve copies of filed [FR Doc. E8–5591 Filed 3–19–08; 8:45 am] or EA for this proposal. The filing of the documents on all other parties. BILLING CODE 6717–01–P EA in the Commission’s public record However, the non-party commenters for this proceeding or the issuance of a will not receive copies of all documents Notice of Schedule for Environmental filed by other parties or issued by the DEPARTMENT OF ENERGY Review will serve to notify federal and Commission (except for the mailing of state agencies of the timing for the environmental documents issued by the Federal Energy Regulatory completion of all necessary reviews, and Commission Commission) and will not have the right the subsequent need to complete all to seek court review of the [Docket No. CP08–85–000] federal authorizations within 90 days of Commission’s final order. the date of issuance of the Commission Motions to intervene, protests and Columbia Gas Transmission staff’s FEIS or EA. comments may be filed electronically There are two ways to become Corporation; Notice of Application via the Internet in lieu of paper; see, 18 involved in the Commission’s review of CFR 385.2001(a)(1)(iii) and the March 13, 2008. this project. First, any person wishing to instructions on the Commission’s Web Take notice that on February 29, 2008, obtain legal status by becoming a party site under the ‘‘e-Filing’’ link. The Columbia Gas Transmission Corporation to the proceedings for this project Commission strongly encourages (Columbia), 1700 MacCorkle Avenue, should, on or before the below listed electronic filings. SE., Charleston, West Virginia 25314, comment date, file with the Federal Comment Date: April 3, 2008. filed an application in Docket No. Energy Regulatory Commission, 888 CP08–85–000, pursuant to section 7(c) First Street, NE., Washington, DC 20426, Kimberly D. Bose, of the Natural Gas Act for a certificate a motion to intervene in accordance Secretary. of public convenience and necessity with the requirements of the [FR Doc. E8–5592 Filed 3–19–08; 8:45 am] authorizing it to construct and operate Commission’s Rules of Practice and BILLING CODE 6717–01–P facilities located in Lincoln County, Procedure (18 CFR 385.214 or 385.211) West Virginia. This filing is available for and the Regulations under the NGA (18 review at the Commission in the Public CFR 157.10). A person obtaining party DEPARTMENT OF ENERGY Reference Room or may be viewed on status will be placed on the service list the Commission’s Web site at http:// maintained by the Secretary of the Federal Energy Regulatory www.ferc.gov using the ‘‘eLibrary’’ link. Commission and will receive copies of Commission Enter the docket number excluding the all documents filed by the applicant and [Docket No. CP08–88–000] last three digits in the docket number by all other parties. A party must submit field to access the document. For 14 copies of filings made with the Texas Eastern Transmission, LP; assistance, please contact FERC Online Commission and must mail a copy to Notice of Request Under Blanket Support at the applicant and to every other party in Authorization [email protected] or toll the proceeding. Only parties to the free at (866) 208–3676, or for TTY, proceeding can ask for court review of March 13, 2008 contact (202) 502–8659. Commission orders in the proceeding. Take notice that on March 7, 2008, In the Appalachian Basin On-System However, a person does not have to Texas Eastern Transmission, LP (Texas Expansion Project, Columbia is seeking intervene in order to have comments Eastern), Post Office Box 1642, Houston, authorization to construct a new 9,470- considered. The second way to Texas 77251–1642, filed in Docket No. horsepower compressor station and participate is by filing with the CP08–88–000, an application pursuant appurtenances. When completed, the Secretary of the Commission, as soon as to sections 157.205, 157.208, and facilities will allow Columbia to provide possible, an original and two copies of 157.212 of the Commission’s

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14979

Regulations under the Natural Gas Act file pursuant to Rule 214 of the parties; and local libraries and (NGA) as amended, to construct, own, Commission’s Procedural Rules (18 CFR newspapers. State and local government and operate a new receipt point to 385.214) a motion to intervene or notice representatives are asked to notify their receive revaporized liquefied natural gas of intervention and pursuant to section constituents of this proposed project near Eunice, Evangeline Parish, 157.205 of the regulations under the and to encourage them to comment on Louisiana, under Texas Eastern’s NGA (18 CFR 157.205), a protest to the their areas of concern. blanket certificate issued in Docket No. request. If no protest is filed within the A fact sheet prepared by the FERC CP82–535–000,1 all as more fully set time allowed therefore, the proposed forth in the application which is on file activity shall be deemed to be entitled ‘‘An Interstate Natural Gas with the Commission and open to the authorized effective the day after the Facility On My Land? What Do I Need public for inspection. time allowed for filing a protest. If a To Know?’’ addresses a number of Texas Eastern states that it proposes protest is filed and not withdrawn typically asked questions, including the to construct, own, and operate a new within 30 days after the allowed time use of eminent domain and how to receipt point on Texas Eastern’s 30-inch for filing a protest, the instant request participate in the Commission’s diameter Lines Nos. 14 and 18 to receive shall be treated as an application for proceedings. It is available for viewing revaporized liquefied natural gas from authorization pursuant to section 7 of on the FERC Internet Web site (http:// the Sabine Pass LNG, L.P. LNG import the NGA. www.ferc.gov). terminal located in Cameron Parish, Louisiana, via Kinder Morgan Louisiana Kimberly D. Bose, Summary of the Proposed Project Secretary. Pipeline (Kinder Morgan). The taps into Petal proposes to expand its gas Texas Eastern’s mainline would be [FR Doc. E8–5593 Filed 3–19–08; 8:45 am] storage operations at the existing Petal located in Evangeline Parish, Louisiana. BILLING CODE 6717–01–P This new receipt point would provide Storage Facility east of Hattiesburg, Texas Eastern with the ability to receive Mississippi. The expansion would up to 500 MMcf of natural gas per day DEPARTMENT OF ENERGY include construction of two new salt from Kinder Morgan into Texas dome storage caverns; three new Eastern’s pipeline system. Texas Eastern Federal Energy Regulatory compressor units, totaling 15,000 also states that the addition of the Commission horsepower, at the existing Petal No. 3 receipt point would have no significant [Docket No. CP08–66–000] Compressor Station; an additional impact on Texas Eastern’s peak day or compressor station control room; about annual deliveries and is not prohibited Petal Gas Storage, L.L.C.: Notice of 2,500 feet of 16-inch-diameter by Texas Eastern’s FERC Gas Tariff. Intent To Prepare an Environmental connecting pipeline; and about 5,100 to Texas Eastern further states that it Assessment for the Proposed Petal 6,200 feet of 24-inch-diameter would be reimbursed by Kinder Morgan No. 3 Compressor Station Expansion freshwater and brine pipelines. The for the estimated $2,109,396 total cost to and New Caverns Project, and Request proposal would increase the overall construct and operate the proposed for Comments on Environmental capacity of Petal’s storage operations by receipt point facilities. Issues about 19 billion cubic feet (Bcf) of Any questions concerning this March 13, 2008. natural gas (10 Bcf working gas and 9 application may be directed to Garth Bcf cushion gas). Johnson, General Manager, Certificates The staff of the Federal Energy & Reporting, Texas Eastern Regulatory Commission (FERC or The general location of the proposed Transmission, LP, P.O. Box 1642, Commission) will prepare an facilities is shown in appendix 1.1 environmental assessment (EA) that will Houston, Texas 77251–1642, via Land Requirements for Construction telephone at (713) 627–5415, or discuss the potential environmental facsimile (713) 627–5947. impacts of the Petal No. 3 Compressor Construction of the project would This filing is available for review at Station Expansion and New Caverns affect about 17.1 acres of land, including the Commission or may be viewed on Project, involving construction and the pipeline construction rights-of-way, the Commission’s Web site at http:// operation of natural gas pipeline the cavern well sites, and access roads. www.ferc.gov, using the ‘‘eLibrary’’ link. facilities by Petal Gas Storage, L.L.C. The compressor station expansion (Petal) in Forrest County, Mississippi. Enter the docket number excluding the would take place within the existing last three digits in the docket number The EA will be used by the Commission Petal No. 3 Compressor Station filed to access the document. For in its decisionmaking process to building. Following construction, about assistance, please contact FERC Online determine whether the project is in the Support at FERC public convenience and necessity. 3.2 acres of land would be permanently [email protected] or call toll-free This notice announces the opening of maintained for operation and at (866) 206–3676, or, for TTY, contact the scoping process the Commission maintenance of the proposed facilities. (202) 502–8659. Comments, protests and will use to gather input from the public All construction would take place on interventions may be filed electronically and interested agencies on the project. land owned by Petal. via the Internet in lieu of paper. See, 18 Your input will help determine which CFR 385.2001(a)(1)(iii) and the issues need to be evaluated in the EA. 1 The appendices referenced in this notice are not instructions on the Commission’s Web Please note that the scoping period will being printed in the Federal Register. Copies of all appendices are available on the Commission’s Web site under the ‘‘e-Filing’’ link. The close on April 14, 2008. Details on how site (http://www.ferc.gov) at the ‘‘eLibrary’’ link or Commission strongly encourages to submit comments are provided in the from the Commission’s Public Reference Room, 888 intervenors to file electronically. Public Participation section of this First Street, NE., Washington, DC 20426, or call Any person or the Commission’s staff notice. (202) 502–8371. For instructions on connecting to may, within 60 days after issuance of This notice is being sent to affected eLibrary, refer to the ‘‘Additional Information’’ section of this notice. Copies of the appendices the instant notice by the Commission, landowners; federal, state, and local were sent to all those receiving this notice in the government agencies; elected officials; mail. Requests for detailed maps of the proposed 1 21 FERC ¶ 62,199 (1982). Native American tribes; other interested facilities should be made directly to Petal.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14980 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

The EA Process instructions in the Public Participation the Commission’s process. Among other We 2 are preparing this EA to comply section below. things, intervenors have the right to receive copies of case-related with the National Environmental Policy Public Participation Act of 1969 (NEPA), which requires the Commission documents and filings by You can make a difference by other intervenors. Likewise, each Commission to take into account the providing us with your specific environmental impact that could result intervenor must send one electronic comments or concerns about the project. copy (using the Commission’s eFiling if it authorizes Petal’s proposal. By this By becoming a commentor, your notice, we are also asking federal, state, system) or 14 paper copies of its filings concerns will be addressed in the EA to the Secretary of the Commission and and local agencies with jurisdiction and considered by the Commission. You and/or special expertise with respect to must send a copy of its filings to all should focus on the potential other parties on the Commission’s environmental issues to formally environmental effects of the proposal cooperate with us in the preparation of service list for this proceeding. If you and measures to avoid or lessen want to become an intervenor, you must the EA. Agencies that would like to environmental impact. request cooperating status should follow file a motion to intervene according to The more specific your comments, the Rule 214 of the Commission’s Rules of the instructions for filing comments more useful they will be. Please provided below. Practice and Procedure (18 CFR carefully follow these instructions to 3 NEPA also requires the FERC to 385.214) (see appendix 2) . Only ensure that your comments are received intervenors have the right to seek discover and address concerns the in time and properly recorded: public may have about proposals. This • rehearing of the Commission’s decision. Send an original and two copies of Affected landowners and parties with process is referred to as ‘‘scoping.’’ The your letter to: Kimberley D. Bose, environmental concerns may be granted main goal of the scoping process is to Secretary, Federal Energy Regulatory intervenor status upon showing good focus the analysis in the EA on Commission, 888 First St., NE., Room cause by stating that they have a clear important environmental issues. By this 1A, Washington, DC 20426; and direct interest in this proceeding Notice, we are requesting public • Label one copy of the comments for which would not be adequately comments on the scope of the issues to the attention of Gas Branch 1, PJ–11.1; represented by any other parties. You do address in the EA. All comments • Reference Docket No. CP08–66– not need intervenor status to have your received are considered during the 000; and environmental comments considered. preparation of the EA. • Mail your comments so that they The EA will discuss impacts that will be received in Washington, DC on Environmental Mailing List could occur as a result of the or before April 14, 2008. As described above, we may mail the The Commission encourages construction and operation of the EA for comment. If you are interested in electronic filing of comments. See Title proposed project under these general receiving an EA for review and/or 18 of the Code of Federal Regulations, headings: comment, please return the • Part 385.2001(a)(1)(iii) and the Geology and soils Environmental Mailing List Mailer • instructions on the Commission’s Water resources and wetlands (appendix 3). If you do not return the • Internet Web site at http://www.ferc.gov Land use Environmental Mailing List Mailer, you • under the ‘‘eFiling’’ link and the link to Cultural resources will be taken off the mailing list. All • the User’s Guide. Prepare your Vegetation and wildlife (including individuals who provide written submission in the same manner as you threatened and endangered species) comments will remain on our • would if filing on paper and save it to Air quality and noise environmental mailing list for this • a file on your hard drive. Before you can Reliability and safety project. We will also evaluate possible file comments you will need to create an alternatives to the proposed project or account by clicking on ‘‘Login to File’’ Additional Information portions of the project, where necessary, and then ‘‘New User Account.’’ You will Additional information about the and make recommendations on how to be asked to select the type of filing you project is available from the lessen or avoid impacts on the various are making. This filing is considered a Commission’s Office of External Affairs, resource areas. ‘‘Comment on Filing.’’ In addition, there at 1–866–208–FERC or on the FERC Our independent analysis of the is a ‘‘Quick Comment’’ option available, Internet Web site (http://www.ferc.gov) issues will be presented in the EA. which is an easy method for interested using the ‘‘eLibrary’’ link. Click on the Depending on the comments received persons to submit text only comments eLibrary link, then on ‘‘General Search’’ during the scoping process, the EA may on a project. The Quick-Comment User and enter the docket number excluding be published and mailed to federal, Guide can be viewed at http:// the last three digits in the Docket state, and local agencies; public interest www.ferc.gov/docs-filing/efiling/quick- Number field. Be sure you have selected groups; interested individuals; affected comment-guide.pdf. Quick Comment an appropriate date range. For landowners; local libraries and does not require a FERC eRegistration assistance, please contact FERC Online newspapers; and the Commission’s account; however, you will be asked to Support at [email protected] official service list for this proceeding. provide a valid email address. All or toll free at 1–866–208–3676, or for A comment period will be allotted for comments submitted under either TTY, contact (202) 502–8659. The review if the EA is published. We will eFiling or the Quick Comment option eLibrary link also provides access to the consider all comments on the EA before are placed in the public record for the texts of formal documents issued by the we make our recommendations to the specified docket. Commission, such as orders, notices, Commission. Becoming an Intervenor and rulemakings. To ensure your comments are In addition, the Commission now In addition to involvement in the considered, please carefully follow the offers a free service called eSubscription scoping process, you may want to 2 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the become an official party to the 3 Interventions may also be filed electronically via environmental staff of the FERC’s Office of Energy proceeding known as an ‘‘intervenor.’’ the Internet in lieu of paper. See the previous Projects. Intervenors play a more formal role in discussion on filing comments electronically.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14981

which allows you to keep track of all Russian River in Lake and Mendocino DEPARTMENT OF ENERGY formal issuances and submittals in Counties, California. specific dockets. This can reduce the Pacific Gas and Electric Company Federal Energy Regulatory amount of time you spend researching (licensee for the Potter Valley Project) Commission proceedings by automatically providing requested approval to allow the you with notification of these filings, diversion of additional water from the Sunshine Act Meeting Notice document summaries and direct links to Eel River through the Potter Valley March 13, 2008. the documents. Go to http:// powerhouse for use by Potter Valley www.ferc.gov/esubscribenow.htm. Irrigation District (PVID) for frost The following notice of meeting is Finally, public meetings or site visits protection of commercial crops. The published pursuant to section 3(a) of the will be posted on the Commission’s additional water would be provided to government in the Sunshine Act (Pub. calendar located at http://www.ferc.gov/ PVID between March 15 and April 14, L. No. 94–409), 5 U.S.C. 552b: EventCalendar/EventsList.aspx along 2008. The licensee would restore in AGENCY HOLDING MEETING: Federal with other related information. Lake Pillsbury all additional water Energy Regulatory Commission. diverted for frost protection, starting on Kimberly D. Bose, DATE AND TIME: March 20, 2008, 10 a.m. April 15, 2008, resulting in a water- Secretary. neutral situation. PLACE: Room 2C, 888 First Street, NE., [FR Doc. E8–5596 Filed 3–19–08; 8:45 am] An environmental assessment (EA), Washington, DC 20426. BILLING CODE 6717–01–P prepared by Commission staff in the STATUS: Open. Office of Energy Projects, analyzed the probable environmental effects of the MATTERS TO BE CONSIDERED: Agenda. DEPARTMENT OF ENERGY proposed amendment and has Note—Items listed on the agenda may be deleted without further notice. Federal Energy Regulatory concluded that approval would not Commission constitute a major federal action CONTACT PERSON FOR MORE INFORMATION: significantly affecting the quality of the Kimberly D. Bose, Secretary, Telephone [Project No. 77–187] human environment. (202) 502–8400. For a recorded message A copy of the EA is available for listing items struck from or added to the Pacific Gas and Electric Company; review at the Commission or may be meeting, call (202) 502–8627. Notice of Availability of Environmental viewed on the Commission’s Web site at This is a list of matters to be Assessment http://www.ferc.gov using the considered by the Commission. It does ‘‘eLibrary’’ link. Enter the docket March 13, 2008. not include a listing of all documents number excluding the last three digits in relevant to the items on the agenda. All In accordance with the National the docket number field to access public documents, however, may be Environmental Policy Act of 1969, as documents. For assistance, contact viewed on line at the Commission’s amended, and the Federal Energy FERC Online Support at website at http://www.ferc.gov using the Regulatory Commission’s regulations, [email protected] or toll-free eLibrary link, or may be examined in 18 CFR part 380 (Order No. 486, 52 FR at 1–866–208–3676, or for TTY, (202) the Commission’s Public Reference 47879), the Commission has reviewed 502–8659. Room. an application, filed January 31, 2008, requesting approval to temporarily Kimberly D. Bose, 931th—Meeting amend article 52 of the Potter Valley Secretary. Regular Meeting Project license. The project is located on [FR Doc. E8–5595 Filed 3–19–08; 8:45 am] the Eel River and the East Branch BILLING CODE 6717–01–P March 20, 2008, 10 a.m.

Item No. Docket No. Company

ADMINISTRATIVE

A–1 ...... AD02–1–000 ...... Agency Administrative Matters. A–2 ...... AD02–7–000 ...... Customer Matters, Reliability, Security and Market Operations. A–3 ...... AD06–3–000 ...... Energy Market Update.

ELECTRIC

E–1 ...... OMITTED. E–2 ...... RM08–3–000 ...... Mandatory Reliability Standard for Nuclear Plant Interface Coordina- tion. E–3 ...... AD07–12–000 ...... Reliability Standard Compliance and Enforcement in Regions with Regional Transmission Organizations or Independent System Op- erators. E–4 ...... RR06–1–012 ...... North American Electric Reliability Council, North American Electric Reliability Corporation. RR07–1–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and Texas Regional Entity, a division of ERCOT. RR07–2–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and Midwest Reliability Organization. RR07–3–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and Northeast Power Coordinating Council, Inc. RR07–4–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and ReliabilityFirst Corporation.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14982 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

Item No. Docket No. Company

RR07–5–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and SERC Reliability Corporation. RR07–6–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and Southwest Power Pool, Inc. RR07–7–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and Western Electricity Coordinating Council. RR07–8–002 ...... Delegation Agreement Between the North American Electric Reli- ability Corporation and Florida Reliability Coordinating Council. RR08–2–000 ...... North American Electric Reliability Corporation and Western Elec- tricity Coordinating Council. E–5 ...... EL02–71–004 ...... State of California, ex rel. Bill Lockyer, Attorney General of the State of California v. British Columbia Power Exchange Corporation, Coral Power, LLC, Dynegy Power Marketing, Inc., Enron Power Marketing, Inc., Mirant Americas Energy Marketing, LP, Reliant En- ergy Services, Inc., Williams Energy Marketing & Trading Com- pany, All Other Public Utility Sellers of Energy and Ancillary Serv- ices to the California Energy Resources Scheduling Division of the California Department of Water Resources, and All Other Public Utility Sellers of Energy and Ancillary Services into Markets Oper- ated by the California Power Exchange and California Independent System Operator. E–6 ...... ER04–157–014 ...... Bangor Hydro-Electric Company, Central Maine Power Company, NSTAR Electric & Gas Corporation, New England Power Com- pany, Northeast Utilities Service Company, The United Illuminating Company, Vermont Electric Power Company, Central Vermont Public Service Corp, Green Mountain Power Corporation. ER04–714–006 ...... Florida Power & Light Company—New England Division. E–7 ...... ER08–394–000 ...... Midwest Independent Transmission System Operator, Inc. E–8 ...... ER06–1474–002, ER06–1474–004 PJM Interconnection, L.L.C. E–9 ...... EL08–31–000, ER08–396–000 ..... Westar Energy, Inc. E–10 ...... OMITTED. E–11 ...... ER03–583–007, ER03–681–005, Entergy Services, Inc. and EWO Marketing, L.P., Entergy Services, ER03–682–006. Inc. and Energy Power, Inc. ER03–744–005 ...... Entergy Services, Inc. and Entergy Louisiana, Inc. E–12 ...... ER06–615–011, ER06–615–012, California Independent System Operator Corporation. ER07–1257–000. E–13 ...... ER05–1410–006, EL05–148–006 PJM Interconnection, L.L.C. E–14 ...... ES08–24–000 ...... Startrans IO, L.L.C. E–15 ...... RM01–8–008 ...... Revised Public Utility Filing Requirements for Electric Quarterly Re- ports; Xcel Energy Services, Inc. E–16 ...... EL08–19–000 ...... Public Service Electric and Gas Company. E–17 ...... EL08–17–000 ...... Connecticut Municipal Electric Energy Cooperative and Richard Blumenthal Attorney General for the State of Connecticut v. Milford Power Company, LLC and ISO New England Inc. E–18 ...... OMITTED. E–19 ...... EL07–95–000 ...... Black Oak Energy, LLC v. New York Independent System Operator, Inc. E–20 ...... OMITTED. E–21 ...... ER04–449–007, ER04–449–008, New York Independent System Operator, Inc., New York Trans- ER04–449–016. mission Owners. ER07–543–000 ...... Linden VFT, LLC. E–22 ...... ER06–278–000, ER06–278–001, The Nevada Hydro Company, Inc. ER06–278–002, ER06–278– 003, ER06–278–004, ER06– 278–005, ER06–278–006. E–23 ...... EL00–95–000, EL00–95–045, San Diego Gas & Electric Company v. Sellers of Energy and Ancil- EL00–95–187. lary Services into Markets Operated by the California Independent System Operator and the California Power Exchange. EL00–98–000, EL00–98–069, Investigation of Practices of the California Independent System Oper- EL00–98–172. ator Corporation and the California Power Exchange. E–24 ...... ER07–799–002, ER07–799–003, Norwalk Power, LLC. EL07–61–001, EL07–61–002. E–25 ...... OMITTED. E–26 ...... ER07–539–003, ER07–539–004, Niagara Mohawk Power Corporation. ER07–540–003, ER07–540–004. E–27 ...... AD08–2–000 ...... Interconnection Queuing Practices. E–28 ...... RR07–16–001 ...... North American Electric Reliability Corporation.

MISCELLANEOUS

M–1 ...... RM07–1–000 ...... Standards of Conduct for Transmission Providers. M–2 ...... RM07–9–000 ...... Revisions to Forms, Statements, and Reporting Requirements for Natural Gas Pipelines.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14983

Item No. Docket No. Company

GAS

G–1 ...... OR06–10–000 ...... BP Pipelines (Alaska) Inc., ConocoPhillips Transportation Alaska, Inc., ExxonMobil Pipeline Company, Koch Alaska Pipeline Com- pany, Unocal Pipeline Company. G–2 ...... OMITTED. G–3 ...... RP08–110–000 ...... Columbia Gas Transmission Corporation. G–4 ...... RP08–127–000 ...... Columbia Gas Transmission Corporation. G–5 ...... RP08–124–000 ...... Columbia Gulf Transmission Company. G–6 ...... OMITTED. G–7 ...... RP00–445–021 ...... Alliance Pipeline L.P. G–8 ...... RP04–42–000, RP04–42–002 ...... Southern Natural Gas Company. G–9 ...... OMITTED.

HYDRO

H–1 ...... DI07–1–001, P–2225–011 ...... Public Utility District No. 1 of Pend Oreille County, Washington. H–2 ...... P–12751–001 ...... Finavera Renewables Ocean Energy, Ltd. H–3 ...... P–2524–015 ...... Grand River Dam Authority.

CERTIFICATES

C–1 ...... CP06–54–000 ...... Broadwater Energy LLC CP06–55–000, CP06–56–000 ...... Broadwater Pipeline LLC. C–2 ...... CP07–207–000, RP08–190–000 ... Colorado Interstate Gas Company. C–3 ...... OMITTED. C–4 ...... CP07–457–000 ...... Iroquois Gas Transmission System, L.P.

Kimberly D. Bose, ENVIRONMENTAL PROTECTION (2) E-mail: [email protected], Secretary. AGENCY Attention Docket ID No. EPA–HQ–OW– 2006–0771. A free webcast of this event is [EPA–HQ–OW–2006–0771, FRL–8544–7] available through http://www.ferc.gov. (3) Mail: Water Docket, Environmental Anyone with Internet access who Agency Information Collection Protection Agency, Mailcode: 4203M, desires to view this event can do so by Activities: Proposed Collection; 1200 Pennsylvania Ave., NW., navigating to www.ferc.gov’s Calendar Extension of Comment Period; Washington, DC 20460, Attention of Events and locating this event in the Coalbed Methane Extraction Sector Docket ID No. EPA–HQ–OW–2006– Calendar. The event will contain a link Questionnaire (New), EPA ICR Number 0771. Please include a total of 3 copies. 2291.01 to its webcast. The Capitol Connection (4) Hand Delivery: Water Docket, EPA provides technical support for the free AGENCY: Environmental Protection Docket Center, EPA West, Room 3334, webcasts. It also offers access to this Agency (EPA). 1301 Constitution Ave., NW., event via television in the DC area and ACTION: Extension of Comment Period. Washington, DC, Attention Docket ID via phone bridge for a fee. If you have No. EPA–HQ–OW–2006–0771. Such any questions, visit http:// SUMMARY: In compliance with the deliveries are only accepted during the www.CapitolConnection.org or contact Paperwork Reduction Act (44 U.S.C. Docket’s normal hours of operation and 3501 et seq.), EPA announced on Danelle Springer or David Reininger at special arrangements should be made. 703–993–3100. January 25, 2008, its plan to submit a proposed Information Collection Instructions: Direct your comments to Immediately following the conclusion Request (ICR) to the Office of Docket ID No. EPA–HQ–OW–2006– of the Commission Meeting, a press Management and Budget (OMB) and 0771. EPA’s policy is that all comments briefing will be held in the Commission solicited public comments on this received will be included in the public Meeting Room. Members of the public request for a new collection on the docket without change and may be may view this briefing in the designated coalbed methane extraction industry made available online at overflow room. This statement is sector. In response to requests from www.regulations.gov, including any intended to notify the public that the several stakeholders, this action extends personal information provided, unless press briefings that follow Commission the public comment period for an the comment includes information meetings may now be viewed remotely additional 30 days. claimed to be Confidential Business at Commission headquarters, but will DATES: EPA must receive your Information (CBI) or other information not be telecast through the Capitol comments on or before April 24, 2008. whose disclosure is restricted by statute. Connection service. Submit your comments, data and Do not submit information through [FR Doc. E8–5582 Filed 3–19–08; 8:45 am] information for the Coalbed Methane regulations.gov or e-mail that you Extraction Sector Questionnaire, BILLING CODE 6717–01–P consider to be CBI or otherwise Attention Docket ID No. EPA–HQ–OW– protected. The federal regulations.gov 2006–0771, by one of the following Web site is an ‘‘anonymous access’’ methods: system, which means EPA will not (1) www.regulations.gov. Follow the know your identity or contact on-line instructions for submitting comments.

VerDate Aug<31>2005 18:11 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14984 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

information unless you provide it in the Category (40 CFR part 435) to control (ICR) has been forwarded to the Office body of your comment. If you submit an pollutants discharged in CBM-produced of Management and Budget (OMB) for electronic comment, EPA recommends water. EPA also noticed it will conduct review and approval. This is a request that you include your name and other an ICR in the preliminary 2008 Plan (72 to renew an existing approved contact information in the body of your FR 61343; October 30, 2007). For each collection. The ICR, which is abstracted comment and with any disk or CD–ROM industrial sector, EPA’s planning below, describes the nature of the you submit. If you send an e-mail process considers four factors: information collection and its estimated comment directly to EPA without going pollutants discharged, current and burden and cost. through regulations.gov, your e-mail potential pollution prevention and DATES: Additional comments may be address will be automatically captured control technology options, growth and submitted on or before April 21, 2008. and included as part of the comment economic affordability, and ADDRESSES: Submit your comments, that is placed in the public docket and implementation and efficiency referencing Docket ID No. EPA–HQ– made available on the Internet. If EPA considerations of revising existing OAR–2007–1138, to (1) EPA online cannot read your comment due to effluent guidelines or publishing new using www.regulations.gov (our technical difficulties and cannot contact effluent guidelines. EPA will use this preferred method), by email to a-and-r- you for clarification, EPA may not be ICR to collect technical and economic [email protected], or by mail to: EPA able to consider your comment. information from a wide range of CBM Docket Center, Environmental Electronic files should avoid the use of operations to address these factors in Protection Agency, Air and Radiation special characters, and any form of greater detail (e.g., geographical and Docket and Information Center, Mail encryption, and should be free of any geologic differences in the Code 2822T, 1200 Pennsylvania Ave., defects or viruses. characteristics of CBM-produced waters, NW., Washington, DC 20460, and (2) Docket: All documents in the docket environmental data, current regulatory OMB by mail to: Office of Information are listed in the index at controls, availability and affordability of and Regulatory Affairs, Office of www.regulations.gov. Although listed in treatment technology options). See final Management and Budget (OMB), the index, some information is not 2006 Plan (71 FR 76666). Response to Attention: Desk Officer for EPA, 725 publicly available, i.e., CBI or other the questionnaire is mandatory for 17th Street, NW., Washington, DC information whose disclosure is recipients and EPA will administer the 20503. restricted by statute. Certain other questionnaire using its authority under material, such as copyrighted material, Section 308 of the CWA, 33 U.S.C. 1318. FOR FURTHER INFORMATION CONTACT: Ms. is not placed on the Internet and will be The original comment deadline was Lynn Sohacki, Certification and publicly available only in hard copy March 25, 2008. Several stakeholders Compliance Division, Vehicle Programs form. Publicly available docket have requested an extension to the Group, Environmental Protection materials are available either comment period in order to adequately Agency, 2000 Traverwood Dr., Ann electronically at www.regulations.gov or understand this new information Arbor, MI, 48105; telephone number: in hard copy at the Water Docket in the collection and provide comments (see (734) 214–4851; fax number: (734) 214– EPA Docket Center, EPA/DC, EPA West, EPA–HQ–OW–2006–0771–1074, 1075, 4869; e-mail address: Room 3334, 1301 Constitution Ave., www.regulations.gov). This action [email protected]. NW., Washington, DC. The Public extends the comment period for 30 SUPPLEMENTARY INFORMATION: EPA has Reading Room is open from 8:30 a.m. to days. submitted the following ICR to OMB for 4:30 p.m., Monday through Friday, Dated: March 14, 2008. review and approval according to the excluding legal holidays. The telephone Ephraim S. King, procedures prescribed in 5 CFR 1320.12. number for the Public Reading Room is On December 14, 2007 (72 FR 71135), (202) 566–1744, and the telephone Director, Office of Science and Technology. [FR Doc. E8–5661 Filed 3–19–08; 8:45 am] EPA sought comments on this ICR number for the Water Docket is (202) pursuant to 5 CFR 1320.8(d). EPA BILLING CODE 6560–50–P 566–2426. received no comments. Any additional FOR FURTHER INFORMATION CONTACT: Mr. comments on this ICR should be Carey A. Johnston at (202) 566–1014 or ENVIRONMENTAL PROTECTION submitted to EPA and OMB within 30 [email protected]. AGENCY days of this notice. SUPPLEMENTARY INFORMATION: On EPA has established a public docket January 25, 2008 (73 FR 4556), EPA [EPA–HQ–OAR–2007–1138; FRL–8544–5] for this ICR under Docket ID No. EPA– solicited comment on the Agency’s HQ–OAR–2007–1138, which is Agency Information Collection proposed Information Collection available for online viewing at Activities; Submission to OMB for Request (ICR) for the coalbed methane www.regulations.gov, or in person Review and Approval; Comment (CBM) sector. EPA identified the CBM viewing at the Air and Radiation Docket Request; Reporting and sector as a candidate for a detailed study in the EPA Docket Center (EPA/DC), Recordkeeping Requirements for in the final 2006 Effluent Guidelines EPA West, Room 3334, 1301 Importation of Nonroad Engines and Program Plan (71 FR 76656; December Constitution Ave., NW., Washington, Recreational Vehicles (Renewal), EPA 21, 2006) and also identified that it DC. The EPA/DC Public Reading Room ICR Number 1723.05, OMB Control would develop an industry is open from 8:30 a.m. to 4:30 p.m., Number 2060–0320 questionnaire to support this detailed Monday through Friday, excluding legal study and would seek Office of AGENCY: Environmental Protection holidays. The telephone number for the Management and Budget (OMB) Agency (EPA). Reading Room is 202–566–1744, and the approval under the Paperwork ACTION: Notice. telephone number for the Air and Reduction Act (PRA). EPA is conducting Radiation Docket is 202–566–1742. this review to determine if it would be SUMMARY: In compliance with the Use EPA’s electronic docket and appropriate to conduct a rulemaking to Paperwork Reduction Act (44 U.S.C. comment system at revise the effluent guidelines for the Oil 3501 et seq.), this document announces www.regulations.gov, to submit or view and Gas Extraction Point Source that an Information Collection Request public comments, access the index

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14985

listing of the contents of the docket, and extended to nonroad engines and FEDERAL COMMUNICATIONS to access those documents in the docket vehicles under section 213. The COMMISSION that are available electronically. Once in information is used by program the system, select ‘‘docket search,’’ then personnel to help ensure that all Federal Notice of Public Information key in the full docket ID name identified emission requirements concerning Collection(s) Being Submitted for above. Please note that EPA’s policy is imported motor vehicles and nonroad Review to the Office of Management that public comments, whether engines are met. and Budget; Comments Requested submitted electronically or in paper, will be made available for public Burden Statement: The annual public March 11, 2008. viewing at www.regulations.gov as EPA reporting and recordkeeping burden for SUMMARY: The Federal Communications receives them and without change, this collection of information is Commission, as part of its continuing unless the comment contains estimated to average 0.5 hours per effort to reduce paperwork burden, copyrighted material, confidential response. Burden means the total time, invites the general public and other business information (CBI), or other effort, or financial resources expended Federal agencies to take this information whose public disclosure is by persons to generate, maintain, retain, opportunity to comment on the restricted by statute. For further or disclose or provide information to or following information collection(s), as information about the electronic docket, for a Federal agency. This includes the required by the Paperwork Reduction go to www.regulations.gov. time needed to review instructions; Act of 1995, 44 U.S.C. Sections 3501– Title: Reporting and Recordkeeping develop, acquire, install, and utilize 3520. An agency may not conduct or Requirements for Importation of technology and systems for the purposes sponsor a collection of information Nonroad Engines and Recreational of collecting, validating, and verifying unless it displays a currently valid control number. No person shall be Vehicles (Renewal). information, processing and ICR Numbers: EPA ICR No. 1723.05, subject to any penalty for failing to maintaining information, and disclosing OMB Control No. 2060–0320. comply with a collection of information ICR Status: This ICR is scheduled to and providing information; adjust the subject to the Paperwork Reduction Act expire on May 31, 2008. Under OMB existing ways to comply with any (PRA) that does not display a valid regulations, the Agency may continue to previously applicable instructions and control number. Comments are conduct or sponsor the collection of requirements which have subsequently requested concerning (a) whether the information while this submission is changed; train personnel to be able to proposed collection of information is pending at OMB. An Agency may not respond to a collection of information; necessary for the proper performance of conduct or sponsor, and a person is not search data sources; complete and the functions of the Commission, required to respond to, a collection of review the collection of information; including whether the information shall information unless it displays a and transmit or otherwise disclose the have practical utility; (b) the accuracy of currently valid OMB control number. information. the Commission’s burden estimate; (c) The OMB control numbers for EPA’s Respondents/Affected Entities: ways to enhance the quality, utility, and regulations in title 40 of the CFR, after Individual importers and companies clarity of the information collected; and appearing in the Federal Register when who import, or import and manufacture, (d) ways to minimize the burden of the approved, are listed in 40 CFR part 9, collection of information on the are displayed either by publication in nonroad engines and recreational vehicles. respondents, including the use of the Federal Register or by other automated collection techniques or appropriate means, such as on the Estimated Number of Respondents: other forms of information technology. related collection instrument or form, if 4,801. DATES: Written Paperwork Reductions applicable. The display of OMB control Frequency of Response: Upon Act (PRA) comments should be numbers in certain EPA regulations is importation. submitted on or before April 21, 2008. consolidated in 40 CFR part 9. If you anticipate that you will be Abstract: Individuals and businesses Estimated Total Annual Hour Burden: submitting comments, but find it importing on and off-road motor 6,029. difficult to do so within the period of vehicles, motor vehicle engines, or Estimated Total Annual Cost: nonroad engines, including nonroad time allowed by this notice, you should $372,541, which includes $36,002 advise the FCC contact listed below as engines incorporated into nonroad annualized capital and O&M costs. equipment or nonroad vehicles, report soon as possible. and keep records of vehicle and engine Changes in the Estimates: There is a ADDRESSES: Direct all PRA comments to importations, request prior approval for decrease of 80,107 hours in the total Nicholas A. Fraser, Office of vehicle and engine importations, or estimated burden. This decrease is due Management and Budget, via e-mail to request final admission for vehicles and to a more accurate estimate of the [email protected] or via engines conditionally imported into the number of import declaration forms fax at (202) 395–5167 and to the Federal U.S. The collection of this information (Form 3520–1) received. The burden for Communications Commission via e-mail is mandatory in order to ensure nonroad CI use (Form 3520–8) has been to [email protected] or by U.S. mail to Leslie compliance of nonroad vehicles and reduced to a placeholder, as this F. Smith, Federal Communications engines with Federal emissions program is not currently in use. Commission, Room 1–C216, 445 12th Street, SW., Washington, DC 20554 at requirements. Joint EPA and Customs Dated: March 13, 2008. regulations at 40 CFR 89.601 et seq., 202–418–0217. Sara Hisel-McCoy, 90.601 et seq., 91.703 et seq., 92.803 et FOR FURTHER INFORMATION CONTACT: For seq., 94.803 et seq., 1068.301 et seq., Director, Collection Strategies Division. additional information contact Leslie F. and 19 CFR 12.73 and 12.74 [FR Doc. E8–5664 Filed 3–19–08; 8:45 am] Smith via e-mail at [email protected] or call promulgated under the authority of BILLING CODE 6560–50–P 202–418–0217. To view a copy of this Clean Air Act Sections 203 and 208 give information collection request (ICR) authority for the collection of submitted to OMB: (1) Go to the Web information. This authority was page http://www.reginfo.gov/public/do/

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14986 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

PRAMain, (2) look for the section of the assist and counsel the Commission in performance of the functions of the Web page called ‘‘Currently Under the creation of an effective universal Commission, including whether the Review,’’ (3) click on the downward- service support mechanism that would information shall have practical utility; pointing arrow in the ‘‘Select Agency’’ ensure that the goals of affordable, (b) the accuracy of the Commission’s box below the ‘‘Currently Under quality service and access to advanced burden estimate; (c) ways to enhance Review’’ heading, (4) select ‘‘Federal services are met by means that enhance the quality, utility, and clarity of the Communications Commission’’ from the competition. On November 18, 1996, the information collected; and (d) ways to list of agencies presented in the ‘‘Select Commission’s Common Carrier Bureau minimize the burden of the collection of Agency’’ box, (5) click the ‘‘Submit’’ released a Public Notice (DA 96–1891) information on the respondents, button to the right of the ‘‘Select seeking public comment on the issues including the use of automated Agency’’ box, (6) when the list of FCC addressed and recommendations made collection techniques or other forms of ICRs currently under review appears, by the Joint Board in the Recommended information technology. look for the title of the ICR (or its OMB Decision. In a Report and Order issued DATES: Persons wishing to comment on control number, if there is one) and then in CC Docket No. 96–45, released on this information collection should click on the ICR Reference Number to May 8, 1997, and other proceedings, the submit comments May 19, 2008. If you view detailed information about this Commission adopted rules that were anticipate that you will be submitting ICR. designed to implement the universal comments, but find it difficult to do so service provisions of section 254. within the period of time allowed by SUPPLEMENTARY INFORMATION: On August 29, 2007, the Commission this notice, you should advise the OMB Control Number: 3060–0774. released the Report and Order, 2007 contact listed below as soon as possible. Title: Universal Service Reporting, Comprehensive Review of the Universal Disclosure, and Record Retention Service Fund Management, ADDRESSES: Direct all PRA comments to Requirements (47 CFR parts 36 and 54). Administration and Oversight, WC Nicholas A. Fraser, Office of Form Number: N/A. Docket Nos. 05–195, 02–60, 03–109 and Management and Budget (OMB), (202) Type of Review: Revision of a CC Docket Nos. 96–45, 02–6, 97–21, 395–5887, or via fax at 202–395–5167, currently approved collection. FCC 07–150. In this order, the or via the Internet at Respondents: Business or other for- Commission took several further steps [email protected] and profit entities, not-for-profit institutions, to safeguard the Universal Service Fund to [email protected], Federal and state, local, or tribal government. from waste, fraud, and abuse, including Communications Commission (FCC). To Number of Respondents: 7,060,500 imposing document retention rules on submit your comments by e-mail send respondents; 7,631,034 responses. all universal service programs and them to: [email protected]. Estimated Time per Response: 0.084– program contributors. To view a copy of this information 125 hours. Federal Communications Commission. collection request (ICR) submitted to Frequency of Response: On occasion, OMB: (1) Go to the Web page http:// Marlene H. Dortch, quarterly, annually, and five-year www.reginfo.gov/public/do/PRAMain, reporting requirements; recordkeeping Secretary. (2) look for the section of the web page requirements; and third party disclosure [FR Doc. E8–5408 Filed 3–19–08; 8:45 am] called ‘‘Currently Under Review’’, (3) requirements. BILLING CODE 6712–01–P click the downward-pointing arrow in Obligation to Respond: Required to the ‘‘Select Agency’’ box below the obtain or retain benefits. ‘‘Currently Under Review’’ heading, (4) FEDERAL COMMUNICATIONS Total Annual Burden: 1,279,455 select ‘‘Federal Communications COMMISSION hours. Commission’’ from the list of agencies Total Annual Cost: $0.00. presented in the ‘‘Select Agency’’ box, Privacy Act Impact Assessment: No Notice of Public Information Collection(s) Being Reviewed by the (5) click the ‘‘Submit’’ button to the impacts. Federal Communications Commission right of the ‘‘Select Agency’’ box and (6) Nature of Extent of Confidentiality: for Extension Under Delegated when the list of FCC ICRs currently This collection does not address Authority, Comments Requested under review appears, look for the title information of a confidential nature. of this ICR (or its OMB Control Number, Needs and Uses: The March 12, 2008. if there is one) and then click on the ICR Telecommunication Act of 1996 (1996 SUMMARY: The Federal Communications Reference Number to view detailed Act) directed the Commission to initiate Commission, as part of its continuing information about this ICR. a rulemaking to reform the system of effort to reduce paperwork burden FOR FURTHER INFORMATION CONTACT: For universal service so that universal invites the general public and other service is preserved and advanced as additional information, send an e-mail Federal agencies to take this to Judith B. Herman at 202–418–0214. markets move toward competition. To opportunity to comment on the fulfill that mandate, on March 8, 1996, following information collection(s), as SUPPLEMENTARY INFORMATION: the Commission adopted a Notice of required by the Paperwork Reduction OMB Control No.: 3060–0065. Proposed Rulemaking (NPRM) in CC Act of 1995, 44 U.S.C. 3501–3520. An Title: Application for New or Docket No. 96–45 to implement the agency may not conduct or sponsor a Modified Radio Station Authorization congressional directives set out in collection of information unless it Under Part 5 of the FCC Rules— section 254 of the Communications Act displays a currently valid control Experimental Radio Service. of 1934, as amended by the 1996 Act. number. No person shall be subject to Form No.: FCC Form 442. Pursuant to section 254(a)(1), the NPRM any penalty for failing to comply with Type of Review: Extension of a also referred numerous issues related to a collection of information subject to the currently approved collection. universal service to a Federal-State Joint Paperwork Reduction Act (PRA) that Respondents: Business or other for- Board for recommended decision. On does not display a valid control number. profit, not-for-profit institutions and November 8, 1996, the Joint Board Comments are requested concerning (a) state, local or tribal government. released a Recommended Decision in whether the proposed collection of Number of Respondents: 200 which it made recommendations to information is necessary for the proper respondents; 280 responses.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14987

Estimated Time per Response: 4 information unless it displays a Privacy Impact Assessment(s): No hours. currently valid control number. Subject impact(s). Frequency of Response: On occasion to the PRA, no person shall be subject Needs and Uses: 47 CFR Section reporting requirement. to any penalty for failing to comply with 74.703(f) states that a licensee of a Obligation to Respond: Required to a collection of information that does not digital low power TV (LPTV) or TV obtain or retain benefits. display a valid control number. translator station operating on a channel Total Annual Burden: 1,120 hours. Comments are requested concerning (a) from 52–69 is required to eliminate at Annual Cost Burden: $16,500. whether the proposed collection of its expense any condition of Privacy Act Impact Assessment: N/A. information is necessary for the proper interference caused to the operation of Nature and Extent of Confidentiality: performance of the functions of the or services provided by existing and Applicants may request that information Commission, including whether the future commercial or public safety be withheld from public inspection information shall have practical utility; wireless licensees in the 700 MHz pursuant to 47 CFR 0.459 of the (b) the accuracy of the Commission’s bands. The offending digital LPTV or Commission’s rules. The request must burden estimate; (c) ways to enhance translator station must cease operations be justified pursuant to 47 CFR 0.457. the quality, utility, and clarity of the immediately upon notification by any Needs and Uses: This collection will primary wireless licensee, once it has be submitted as an extension (no change information collected; and (d) ways to minimize the burden of the collection of been established that the digital low in reporting requirements) after this 60 power TV or translator station is causing day comment period to Office of information on the respondents, including the use of automated the interference. Management and Budget (OMB) in order 47 CFR Section 74.703(g) states that to obtain the full three year clearance. collection techniques or other forms of information technology. an existing or future wireless licensee in Mandatory electronic filing of the 700 MHz bands may notify (certified DATES: Written PRA comments should applications for Experimental Radio mail, return receipt requested), a digital be submitted on or before May 19, 2008. licenses, including FCC Form 442, low power TV or TV translator If you anticipate that you will be commenced on January 1, 2004. operating on the same channel or first submitting comments, but find it Applicants that required an FCC license adjacent channel of its intention to to operate a new or modified difficult to do so within the period of initiate or change wireless operations experimental radio station must file FCC time allowed by this notice, you should and the likelihood of interference from Form 442, as required by 47 CFR advise the contact listed below as soon the low power TV or translator station 5.55(a)–(c) and 47 CFR 5.59 of the as possible. within its licensed geographic service Commission’s rules. The FCC’s ADDRESSES: You may submit all PRA area. The notice should describe the information technician and engineers comments by e-mail or U.S. post mail. facilities, associated service area and use the data supplied by applicants in To submit your comments by e-mail, operations of the wireless licensee with the FCC Form 442 to determine: (1) If send them to [email protected]. To submit sufficient detail to permit an evaluation the applicant is eligible for an your comments by U.S. mail, mark them of the likelihood of interference. Upon experimental license; (2) the purpose of to the attention of Cathy Williams, receipt of such notice, the digital LPTV the experiment; (3) compliance with the Federal Communications Commission, or TV translator licensee must cease requirements of Part 5 of the Room 1–C823, 445 12th Street, SW., operation within 120 days unless: (1) It Commission’s rules; and (4) if the Washington, DC 20554. obtains the agreement of the wireless proposed operation will cause FOR FURTHER INFORMATION CONTACT: For licensee to continue operations; (2) the interference to existing operations. additional information about the commencement or modification of Thus, the FCC cannot grant an information collection(s), contact Cathy wireless service is delayed beyond that experimental license without the Williams at (202) 418–2918 or send an period (in which case the period will be information contained on this form. e-mail to [email protected]. extended); or (3) the Commission stays Federal Communications Commission. SUPPLEMENTARY INFORMATION: the effect of the interference Marlene H. Dortch, OMB Control Number: 3060–0236. notification, upon request. 47 CFR 74.703(h) requires in each Secretary. Title: Section 74.703, Interference. instance where suspension of operation [FR Doc. E8–5764 Filed 3–19–08; 8:45 am] Form Number: Not applicable. Type of Review: Extension of a is required, the licensee shall submit a BILLING CODE 6712–01–P currently approved collection. full report to the FCC in Washington, Respondents: Business or other for- DC, after operation is resumed, containing details of the nature of the FEDERAL COMMUNICATIONS profit entities, Not-for-profit interference, the source of the COMMISSION institutions, State, local or tribal government. interfering signals, and the remedial Notice of Public Information Number of Respondents: 100. steps taken to eliminate the interference. Collection(s) Being Reviewed by the Estimated Time per Response: 10 (The Commission renumbered 47 CFR Federal Communications Commission hours. 74.703(f) to 47 CFR Section 74.703(h) for Extension Under Delegated Frequency of Response: On occasion with the R&O, In the Matter of Authority, Comments Requested reporting requirement. Amendment of Parts 73 and 74 of the Obligation to Respond: Required to Commission’s Rules to Establish Rules March 13, 2008. obtain or retain benefits. Statutory for Digital Low Power Television, SUMMARY: The Federal Communications authority for this collection of Television Translator, and Television Commission, as part of its continuing information is contained in Section Booster Stations and to Amend Rules for effort to reduce paperwork burdens, 154(i) of the Communications Act of Digital Class A Television Stations, MB invites the general public and other 1934, as amended. Docket No. 03–185, FCC 04–220. Federal agencies to take this Total Annual Burden: 420 hours. 47 CFR Section 74.703(g) states that opportunity to (PRA) of 1995 (PRA), Total Annual Costs: $252,000. an existing or future wireless licensee in Public Law 104–13. An agency may not Confidentiality: No need for the 700 MHz bands may notify (certified conduct or sponsor a collection of confidentiality required. mail, return receipt requested), a digital

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14988 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

low power TV or TV translator proposal also involves the acquisition of Time and Date: 12:30 p.m.–3:30 p.m., operating on the same channel or first a nonbanking company, the review also April 17, 2008 (Closed). adjacent channel of its intention to includes whether the acquisition of the Place: Teleconference. initiate or change wireless operations nonbanking company complies with the Status: The meeting will be closed to and the likelihood of interference from standards in section 4 of the BHC Act the public in accordance with the low power TV or translator station (12 U.S.C. 1843). Unless otherwise provisions set forth in Section 552b(c) within its licensed geographic service noted, nonbanking activities will be (4) and (6), Title 5 U.S.C., and the area. The notice should describe the conducted throughout the United States. Determination of the Director, facilities, associated service area and Additional information on all bank Management Analysis and Services operations of the wireless licensee with holding companies may be obtained Office, CDC, pursuant to Public Law 92– sufficient detail to permit an evaluation from the National Information Center 463. of the likelihood of interference. Upon website at www.ffiec.gov/nic/. Matters To Be Discussed: The meeting receipt of such notice, the digital LPTV Unless otherwise noted, comments will include the review, discussion, and or TV translator licensee must cease regarding each of these applications evaluation of ‘‘Vision Health: operation within 120 days unless: (1) It must be received at the Reserve Bank Developing an Integrative Approach to obtains the agreement of the wireless indicated or the offices of the Board of Promotion and Protection, RFA DP08– licensee to continue operations; (2) the Governors not later than April 14, 2008. 001.’’ commencement or modification of A. Federal Reserve Bank of Contact Person for More Information: wireless service is delayed beyond that Richmond (A. Linwood Gill, III, Vice Susan B. Stanton, D.D.S., Scientific period (in which case the period will be President) 701 East Byrd Street, Review Administrator, CDC, 1600 extended); or (3) the Commission stays Richmond, Virginia 23261–4528: Clifton Road, NE., Mailstop D72, the effect of the interference 1. Select Bancorp, Inc.; to become a Atlanta, GA 30333, Telephone: (404) notification, upon request. bank holding company by acquiring 100 639–4640. 47 CFR 74.703(h) requires in each percent of the voting shares of Select The Director, Management Analysis instance where suspension of operation Bank & Trust Company, both of and Services Office, has been delegated is required, the licensee shall submit a Greenville, North Carolina. the authority to sign Federal Register full report to the FCC in Washington, B. Federal Reserve Bank of St. Louis notices pertaining to announcements of DC, after operation is resumed, (Glenda Wilson, Community Affairs meetings and other committee containing details of the nature of the Officer) 411 Locust Street, St. Louis, management activities, for both CDC interference, the source of the Missouri 63166–2034: and the Agency for Toxic Substances interfering signals, and the remedial 1. Cross County Bancshares, Inc., and Disease Registry. steps taken to eliminate the interference. Wynne, Arkansas; to acquire additional Dated: March 13, 2008. voting shares of First Southern Bank, Elaine L. Baker, Federal Communications Commission. Batesville, Arkansas, for a total of up to Marlene H. Dortch, Director, Management Analysis and Services 13.13 percent. Office, Centers for Disease Control and Secretary. C. Federal Reserve Bank of Dallas Prevention. (W. Arthur Tribble, Vice President) 2200 [FR Doc. E8–5770 Filed 3–19–08; 8:45 am] [FR Doc. E8–5628 Filed 3–19–08; 8:45 am] BILLING CODE 6712–01–P North Pearl Street, Dallas, Texas 75201– 2272: BILLING CODE 4163–18–P 1. CTB Financial Corporation, Ruston, FEDERAL RESERVE SYSTEM Louisiana; to acquire 100 percent of the DEPARTMENT OF HEALTH AND voting shares of Community Trust Bank HUMAN SERVICES Formations of, Acquisitions by, and of Texas, Dallas, Texas, a de novo bank. Mergers of Bank Holding Companies Board of Governors of the Federal Reserve Food and Drug Administration System, March 17, 2008. The companies listed in this notice [Docket No. FDA–2008–N–0120] Robert deV. Frierson, have applied to the Board for approval, pursuant to the Bank Holding Company Deputy Secretary of the Board. Standards for Standardized Numerical Act of 1956 (12 U.S.C. 1841 et seq.) [FR Doc. E8–5630 Filed 3–19–08; 8:45 am] Identifier, Validation, Track and Trace, (BHC Act), Regulation Y (12 CFR Part BILLING CODE 6210–01–S and Authentication for Prescription 225), and all other applicable statutes Drugs; Request for Comments and regulations to become a bank AGENCY: Food and Drug Administration, holding company and/or to acquire the DEPARTMENT OF HEALTH AND HHS. HUMAN SERVICES assets or the ownership of, control of, or ACTION: Notice; request for comments. the power to vote shares of a bank or bank holding company and all of the Centers for Disease Control and SUMMARY: The Food and Drug banks and nonbanking companies Prevention Administration (FDA) is seeking owned by the bank holding company, Disease, Disability, and Injury information and comments on issues including the companies listed below. Prevention and Control Special related to standards for identification, The applications listed below, as well Emphasis Panel (SEP): Vision Health: validation, tracking and tracing, and as other related filings required by the Developing an Integrative Approach to authentication for prescription drug Board, are available for immediate Promotion and Protection, Request for products. Particularly, we are requesting inspection at the Federal Reserve Bank Application (RFA) DP08–001 information and comments from drug indicated. The applications also will be manufacturers, distributors, pharmacies, available for inspection at the offices of In accordance with Section 10(a)(2) of other supply chain stakeholders, foreign the Board of Governors. Interested the Federal Advisory Committee Act regulators, standards organizations, and persons may express their views in (Pub. L. 92–463), the Centers for Disease other Federal agencies and interested writing on the standards enumerated in Control and Prevention (CDC) parties. This request is related to FDA’s the BHC Act (12 U.S.C. 1842(c)). If the announces the aforementioned meeting. implementation of the Food and Drug

VerDate Aug<31>2005 18:11 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14989

Administration Amendments Act of report (Task Force Report) outlining a a. Should the standardized numerical 2007 (FDAAA). framework for public and private sector identifier contain recognizable Elsewhere in this issue of the Federal actions that could further protect characteristics (e.g., National Drug Code Register, FDA is publishing a related Americans from counterfeit drugs, number) or be random codes? document entitled ‘‘Technologies for including implementation of new track b. Should there be a common header Prescription Drug Identification, and trace technologies to meet and for item/product segregation based on Validation, Track and Trace, or surpass goals of the Prescription Drug product type: biologic, solid oral dosage Authentication; Request for Marketing Act, the Federal pedigree form, etc.? If so, please elaborate. Information.’’ law. c. How can parties in the supply DATES: Submit written or electronic In 2006, FDA issued an update report chain ensure that the numbers are comments by May 19, 2008. after conducting a fact-finding effort to unique and are not duplicated? determine how much progress had been ADDRESSES: Submit written comments d. How much value would there be in to the Division of Dockets Management made toward e-pedigree and electronic having the numerical identifier in more (HFA–305), Food and Drug track and trace. FDA found that than one place for the product (e.g., Administration, 5630 Fishers Lane, rm. although significant progress was made package and pallet level)? 1061, Rockville, MD 20852. Submit to set the stage for widespread use of e- e. Should the numerical identifier be electronic comments to http:// pedigree in 2007, this goal likely would machine readable, human readable, or www.Regulations.gov. not be met. Currently, there is no both? widespread use of e-pedigree. f. Should the numerical identifier FOR FURTHER INFORMATION CONTACT: Ilisa Currently, e-pedigree is not in include the lot number and/or batch Bernstein, Office of Policy, Office of the widespread use across the supply chain. number? Commissioner, Food and Drug Elsewhere in this issue of the Federal 2. Standards Administration, 5600 Fishers Lane, Register, FDA is publishing a related a. Do standards currently exist for a Rockville, MD 20857, 301–827–3360, e- document entitled ‘‘Technologies for mail: [email protected]. standardized numerical identifier of Prescription Drug Identification, prescription drugs? SUPPLEMENTARY INFORMATION: Validation, Track and Trace, or 1. If so, please describe and comment I. Background Authentication; Request for on their application and use. Information.’’ This related document On September 27, 2007, FDAAA 2. To what extent do these standards seeks information from technology reflect stakeholder consensus? (Public Law 3580) was signed into law. vendors and others regarding available Section 913 of this legislation created 3. Comment on whether any of these and emerging technologies for standards should be the standard section 505D of the Federal Food, Drug, identification, validation, track and and Cosmetic Act (the act), which adopted by FDA. trace, and authentication of prescription 4. If yes, why? Compare this standard requires the Secretary of Health and drugs, as set forth in 505D(b)(3) of the Human Services (the Secretary) to with other standards that exist. act. 5. If not, is there some aspect that develop standards and identify and With this document, as a first step in could be changed to make it acceptable validate effective technologies for the developing standards under section as the FDA standard? purpose of securing the drug supply 505D(b) of the act, we are seeking 6. Has this standard been adopted by chain against counterfeit, diverted, information from drug manufacturers, other countries? subpotent, substandard, adulterated, distributors, pharmacies, other supply b. Are standards in development or misbranded, or expired drugs. Section chain stakeholders, foreign regulators, planned for standardized numerical 913 directs the Secretary to consult with standards organizations, other Federal identifiers of prescription drugs in the specific entities to prioritize and agencies, and other interested parties supply chain? If so, who is developing develop standards for identification, related to identification, validation, these standards and what is the timeline validation, authentication and tracking authentication, and tracking and tracing for completion? and tracing of prescription drugs. of prescription drugs. Consistent with c. What are the elements, provisions, Section 913 of this legislation also the act, it is FDA’s preference that such and particular considerations that directs the Secretary to develop a standards be the result of existing should be included in a standardized standardized numerical identifier private and public sector collaborative numerical identifier of prescription which, to the extent practicable, shall be standards processes. FDA intends to use drugs? Please be specific in your harmonized with international the response to these comments to response and include examples, where consensus standards for such an determine the state of standards possible. identifier, no later than 30 months after development in these areas and the date of the enactment of FDAAA. determine how aggressively it may d. Please comment on implementation This standardized numerical identifier move forward. Recognizing the of standardized numerical identifiers of is to be applied to a prescription drug importance of uniform standards as well prescription drugs in the U.S. supply at the point of manufacturing and as the need to allow for updating over chain. repackaging (in which case the time, FDA would consider adopting e. Please comment on any technical or numerical identifier shall be linked to such standards through a guidance information technology concerns related the numerical identifier applied at the process as quickly as possible. to a standardized numerical identifier. point of manufacturing) at the package f. Comment on any ‘‘lessons learned’’ or pallet level, sufficient to facilitate the II. Request for Comments from foreign experience with identification, validation, Please comment on the following standardized numerical identifiers. authentication, and tracking and tracing questions regarding the development of 3. Economic Impact of the prescription drug. standards related to section 505D of the a. What are the usual practices and FDA has been engaged in an intense act. associated costs that now exist for effort to address counterfeit drugs for applying bar codes and other several years. In 2004, FDA’s A. Standard Numerical Identifier technologies for standardized numerical Counterfeit Drug Task Force released a 1. Characteristics identifiers on packages and pallets?

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14990 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

b. What are the associated costs for e. If not, is there some aspect that e. If not, is there some aspect that the application, use, and maintenance of could be changed to make it acceptable could be changed to make it acceptable standardized numerical identifiers? as the FDA standard? as the FDA standard? c. What are the associated costs or f. Has this standard been adopted by f. Has this standard been adopted by processes for updating the standards as other countries? other countries? needed? g. If standards are under development 2. Do standards currently exist for d. What are the benefits of using or planned for the future, please include authentication of prescription drug standardized numerical identifiers? a timeline for completion. products in the supply chain? 4. Harmonization With Other Countries 2. Do standards currently exist for track a. If so, please describe and comment a. What standards or unique and trace of prescription drug products on the application and use. identification systems do other in the supply chain? b. To what extent do these standards countries have in place, currently under a. If so, please describe and comment reflect stakeholders consensus? development, or planned for the future? on their application and use. c. Comment on whether any of these If they are under development, please b. To what extent do these standards standards should be the numerical include a timeline for completion. reflect stakeholders consensus? identifier standard adopted by FDA. b. Comment on any ‘‘lessons learned’’ c. Comment on whether any of these d. If yes, why? Compare this standard from foreign experience with standards should be the standard with other standards that exist. standardized numerical identifiers. adopted by FDA. e. If not, is there some aspect that B. Standards for Validation d. If yes, why? Compare this standard could be changed to make it acceptable with other standards that exist. as the FDA standard? 1. Do standards currently exist for f. Has this standard been adopted by e. If not, is there some aspect that validation of prescription drugs? other countries? could be changed to make it acceptable a. If so, please describe and comment 3. Are standards in development for as the FDA standard? on their application and use. authentication of prescription drugs in f. Has this standard been adopted by b. To what extent do these standards the supply chain? reflect stakeholder consensus? other countries? If so, who is developing these c. Comment on whether any of these 3. Are standards in development for standards and what is the timeline for standards should be the standard track and trace of prescription drugs in completion? adopted by FDA. the supply chain? 4. What are the elements, provisions, d. If yes, why? Compare this standard If so, who is developing these and particular considerations that with other standards that exist. standards and what is the timeline for should be included in an authentication e. If not, is there some aspect that completion? standard for prescription drugs? Please could be changed to make it acceptable 4. What are the elements, provisions, be as specific as possible and include as the FDA standard? and particular considerations that examples, where possible. f. Has this standard been adopted by should be included in a track and trace 5. Please comment on implementation other countries? standard for prescription drugs? Please 2. Are standards in development or of authentication for prescription drugs be specific in your response and include in the U.S. supply chain, including, but planned for validation of prescription examples, where possible. drugs in the supply chain? not limited to, feasibility, costs, 5. Please comment on implementation timeline, interoperability, information If so, who is developing these of track and trace for prescription drugs standards and what is the timeline for technology, and data storage. in the U.S. supply chain, including, but 6. Comment on any ‘‘lessons learned’’ completion? not limited to, feasibility, costs, 3. What are the elements, provisions, from foreign experience with timeline, interoperability, information authentication. and particular considerations that technology, and data storage. should be included in a validation 6. Discuss how the data generated from E. Prioritization standard for prescription drugs? Please track and trace should be held, where it Please comment on the priority for be specific in your response and include should be held, concerns related to data development and implementation of examples, where possible. security, and means for access to ensure 4. Please comment on implementation identification, validation, interoperability for data sharing. What of validation of prescription drugs in the authentication, and tracking and tracing elements should be included in such a U.S. supply chain. standards. standard for data exchange, storage, and 5. Please comment on any technical or 1. Should certain standards be interoperability? information technology concerns related developed and implemented before 7. Comment on any ‘‘lessons learned’’ to validation. others? 6. Comment on any ‘‘lessons learned’’ from foreign experience with track and 2. Should certain standards be from foreign experience with validation. trace. developed and implemented concurrently? C. Standards for Track and Trace D. Standards for Authentication III. Comments 1. Do standards currently exist for track 1. Do standards currently exist for and trace of products in the supply authentication of products in the supply Interested persons may submit to the chain, generally? chain, generally? Division of Dockets Management (see a. If so, please describe and comment a. If so, please describe and comment ADDRESSES) written or electronic on their application and use. on the application and use. comments and information. Submit a b. To what extent do these standards b. To what extent do these standards single copy of electronic comments and reflect stakeholder consensus? reflect stakeholders consensus? information or two paper copies of any c. Comment on whether any of these c. Comment on whether any of these mailed comments and information, standards should be the standard standards should be the standard except that individuals may submit one adopted by FDA. adopted by FDA. paper copy. Comments and information d. If yes, why? Compare this standard d. If yes, why? Compare this standard are to be identified with the name of the with other standards that exist. with other standards that exist. technology and the docket number

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14991

found in brackets in the heading of this Food and Drug Administration, 5600 As part of the efforts listed above, we document. A copy of this notice and Fishers Lane, rm. 14C–03, Rockville, received information about various received comments may be seen in the MD 20857, phone: 301–827–3360, FAX technologies for the identification, track Division of Dockets Management 301–594–6777, e-mail: and trace, and authentication of between 9 a.m. and 4 p.m., Monday [email protected]. prescription drugs, and we met with through Friday. SUPPLEMENTARY INFORMATION: companies to learn more about these Please note that on January 15, 2008, technologies. We are aware that the FDA Division of Dockets I. Background significant progress has been made and Management Web site transitioned to On September 27, 2007, FDAAA new technologies are emerging for the the Federal Dockets Management (Public Law 3580) was signed into law. identification, track and trace, and System (FDMS). FDMS is a Section 913 of this legislation requires authentication of prescription drugs. In Government-wide, electronic docket the Secretary of Health and Human order to address the ‘‘promising management system. Electronic Services (the Secretary) to develop technologies’’ related to standards comments or submissions will be standards and identify and validate development, as described in section accepted by FDA through FDMS only. effective technologies for the purpose of 505D(b)(3) of the act, we are seeking securing the drug supply chain against information from technology vendors Dated: March 13, 2008. counterfeit, diverted, subpotent, and others. Rather than meet Jeffrey Shuren, substandard, adulterated, misbranded, individually with companies, for Assistant Commissioner for Policy. or expired drugs. Specifically, section efficiency and to further our 913 created section 505D(b) of the understanding and knowledge, we are [FR Doc. E8–5597 Filed 3–19–08; 8:45 am] Federal Food, Drug, and Cosmetic Act requesting that information be BILLING CODE 4160–01–S (the act), which directs the development submitted to the docket number listed of standards for the identification, above. DEPARTMENT OF HEALTH AND validation, authentication, and tracking Elsewhere in this issue of the Federal HUMAN SERVICES and tracing of prescription drugs. Register, FDA is publishing a related Section 505D(b)(3) states that the document entitled ‘‘Standards for Food and Drug Administration standards developed under 505D ‘‘shall Standardized Numerical Identifier, address promising technologies, which Validation, Track and Trace, and [Docket No. FDA–2008–N–0121] may include—(A) radio-frequency Authentication for Prescription Drugs; identification; (B) nanotechnology; (C) Technologies for Prescription Drug Request for Comments.’’ Under section encryption technologies; and (D) other Identification, Validation, Track and 505D(b)(1) and (b)(2) of the act, this track and trace or authentication Trace, or Authentication; Request for related document seeks information technologies.’’ Information from drug manufacturers, distributors, FDA has previously identified pharmacies, other supply chain AGENCY: Food and Drug Administration, counterfeit drugs as a threat to the safety stakeholders, foreign regulators, HHS. of the public and the pharmaceutical standards organizations, and other ACTION: Notice; request for information. supply chain. Federal agencies and interested parties 1. In 2004, FDA’s Counterfeit Drug on issues related to standards for SUMMARY: The Food and Drug Task Force issued a report (Task Force identification, validation, tracking and Administration (FDA) is requesting Report) on the threat of counterfeit tracing, and authentication for comments and information regarding medications and measures that can be prescription drug products. technologies used for the identification, taken by private and public stakeholders We are particularly interested in the validation, tracking and tracing, and to make the U.S. drug supply chain following information regarding authentication of prescription drugs. more safe and secure. The 2004 Task available and emerging technologies for This request is related to FDA’s Force Report stated, among other things, identification, validation, track and implementation of the Food and Drug that: • trace, and authentication of prescription Administration Amendments Act of Widespread use of electronic track drugs: 2007 (FDAAA). and trace technology would help secure 1. What are the RFID technologies, Elsewhere in this issue of the Federal the integrity of the drug supply chain by encrypting technologies, and Register, FDA is publishing a related providing an accurate drug ‘‘pedigree,’’ nanotechnologies that are relevant? document entitled ‘‘Standards for which is a record of the chain of What are other relevant technologies? Standardized Numerical Identifier, custody of the product as it moves 2. Please provide information related Validation, Track and Trace, and through the supply chain from to: Authentication for Prescription Drugs; manufacturer to pharmacy; • Strengths for identification, • Request for Comments.’’ Radio Frequency Identification validation, track and trace, or DATES: Submit written or electronic (RFID) is a promising technology as a authentication; comments and information by May 19, means to achieve e-pedigree; and • Limitations for identification, • Widespread adoption and use of 2008. validation, track and trace, or electronic track and trace technology ADDRESSES: Submit written comments authentication; would be feasible by 2007. • Costs of implementation and use; and information to the Division of 2. In 2006, the Task Force issued an • Dockets Management (HFA–305), Food Benefits to the public health; update report which stated that the goal • Feasibility for widespread use; and Drug Administration, 5630 Fishers of widespread use of e-pedigree and • Utility for e-pedigree. Lane, rm. 1061, Rockville, MD 20852. track and trace technologies by 2007 3. Is the technology interoperable Submit electronic comments and would probably not be met. The with other technologies? If so, describe. information to http:// voluntary approach taken did not 4. What standards are necessary for www.Regulations.gov. provide enough incentives for the supply chain use of the specific FOR FURTHER INFORMATION CONTACT: Ilisa adoption and implementation of the technology? What is the status of Bernstein, Office of Policy (HF–11), technologies and e-pedigree. development of such standards?

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14992 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

II. Comments Place: National Institutes of Health, 5635 Dated: March 13, 2008. Fishers Lane, Bethesda, MD 20892. Jennifer Spaeth, (Telephone Conference Call) Interested persons may submit to the Director, Office of Federal Advisory Contact Person: Houmam H. Araj, PhD, Division of Dockets Management (see Committee Policy. Scientific Review Administrator, Division of ADDRESSES) written or electronic [FR Doc. E8–5568 Filed 3–19–08; 8:45 am] comments and information. Submit a Extramural Research, National Eye Institute, NIH, 5635 Fishers Lane, Suite 1300, BILLING CODE 4140–01–M single copy of electronic comments and Bethesda, MD 20892–9602, 301–451–2020, information or two paper copies of any [email protected]. mailed comments and information, This notice is being published less than 15 DEPARTMENT OF HEALTH AND except that individuals may submit one days prior to the meeting due to the timing HUMAN SERVICES paper copy. Comments and information limitations imposed by the review and are to be identified with the name of the funding cycle. Substance Abuse and Mental Health technology and the docket number Name of Committee: National Eye Institute Services Administration found in brackets in the heading of this Special Emphasis Panel, Secondary Data document. A copy of this notice and Analysis Grant Applications. Agency Information Collection Date: March 28, 2008. Activities: Proposed Collection; received comments may be seen in the Time: 3 p.m. to 6 p.m. Division of Dockets Management Agenda: To review and evaluate grant Comment Request between 9 a.m. and 4 p.m., Monday applications. In compliance with section through Friday. Place: National Institutes of Health, 5635 Fishers Lane, Bethesda, MD 20892. 3506(c)(2)(A) of the Paperwork Please note that on January 15, 2008, (Telephone Conference Call) Reduction Act of 1995 concerning the FDA Division of Dockets Contact Person: Houmam H. Araj, PhD, opportunity for public comment on Management Web site transitioned to Scientific Review Administrator, Division of proposed collections of information, the the Federal Dockets Management Extramural Research, National Eye Institute, Substance Abuse and Mental Health System (FDMS). FDMS is a NIH, 5635 Fishers Lane, Suite 1300, Services Administration will publish Government-wide, electronic docket Bethesda, MD 20892–9602, 301–451–2020, periodic summaries of proposed management system. Electronic [email protected]. projects. To request more information comments or submissions will be This notice is being published less than 15 days prior to the meeting due to the timing on the proposed projects or to obtain a accepted by FDA through FDMS only. limitations imposed by the review and copy of the information collection Dated: March 13, 2008. funding cycle. plans, call the SAMHSA Reports Jeffrey Shuren, Name of Committee: National Eye Institute Clearance Officer on (301) 443–7978. Assistant Commissioner for Policy. Special Emphasis Panel, NEI Epidemiology Comments Are Invited On: (a) Grant Applications. Whether the proposed collections of [FR Doc. E8–5599 Filed 3–19–08; 8:45 am] Date: April 1, 2008. information are necessary for the proper BILLING CODE 4160–01–S Time: 12 p.m. to 1 p.m. performance of the functions of the Agenda: To review and evaluate grant agency, including whether the applications. information shall have practical utility; DEPARTMENT OF HEALTH AND Place: National Institutes of Health/NEI, HUMAN SERVICES 5635 Fishers Lane, Bethesda, MD 20892. (b) the accuracy of the agency’s estimate (Telephone Conference Call) of the burden of the proposed collection National Institutes of Health Contact Person: Anne E. Schaffner, PhD, of information; (c) ways to enhance the Scientific Review Administrator, Division of quality, utility, and clarity of the National Eye Institute; Notice of Closed Extramural Research, National Eye Institute, information to be collected; and (d) Meetings 5635 Fishers Lane, Suite 1300, MSC 9300, ways to minimize the burden of the Bethesda, MD 20892–9300, (301) 451–2020. collection of information on Pursuant to section 10(d) of the [email protected]. respondents, including through the use This notice is being published less than 15 Federal Advisory Committee Act, as days prior to the meeting due to the timing of automated collection techniques or amended (5 U.S.C. Appendix 2), notice limitations imposed by the review and other forms of information technology. is hereby given of the following funding cycle. Proposed Project: The Coordinating meetings. Name of Committee: National Eye Institute Center to Support State Incentive Grants The meetings will be closed to the Special Emphasis Panel, NEI Genetics and to Build Capacity for Alternatives to public in accordance with the Genomics Applications. Restraint and Seclusion (OMB No. provisions set forth in sections Date: April 10, 2008. 0930–0271) Revision. Time: 12:30 p.m. to 3 p.m. The Substance Abuse and Mental 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant as amended. The grant applications and Health Services Administration’s applications. (SAMHSA) Center for Mental Health the discussions could disclose Place: National Institutes of Health/NEI, confidential trade secrets or commercial 5635 Fishers Lane, Bethesda, MD 20892. Services has funded a Data Collection property such as patentable material, (Telephone Conference Call) and Analysis for the Alternatives to and personal information concerning Contact Person: Anne E. Schaffner, PhD, Restraint and Seclusion Grant Program. individuals associated with the grant Scientific Review Administrator, Division of This contract is an evaluation of applications, the disclosure of which Extramural Research, National Eye Institute, SAMHSA’s State Incentive Grants to 5635 Fishers Lane, Suite 1300, MSC 9300, Build Capacity for Alternatives to would constitute a clearly unwarranted Bethesda, MD 20892–9300, (301) 451–2020, invasion of personal privacy. Restraint and Seclusion. These grants [email protected]. are designed to promote the This notice is being published less than 15 Name of Committee: National Eye Institute implementation and evaluation of best Special Emphasis Panel, NEI Clinical Grant days prior to the meeting due to the timing Applications. limitations imposed by the review and practice approaches to reducing the use Date: March 26, 2008. funding cycle. of restraint and seclusion in mental Time: 2 p.m. to 5 p.m. (Catalogue of Federal Domestic Assistance health facilities. Grantees consist of 8 Agenda: To review and evaluate grant Program Nos. 93.867, Vision Research, sites (state mental health agencies), all applications. National Institutes of Health, HHS) of which will be implementing

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14993

interventions in multiple facilities (a (1) Facility/Program Characteristics and Restraint Reduction Intervention total of 21 facilities). These include Inventory (information about type of will be collected annually. The facilities serving adults and those facilities, characteristics of persons Seclusion and Restraint Event Data serving children and/or adolescents, served, staffing patterns, and unit Matrix will be collected monthly. with various subgroups such as forensic specific data); (2) Inventory of Seclusion The resulting data will help to and sexual offender populations. and Restraint Reduction Interventions; identify the: (1) Number of programs With input from multiple experts in (3) Seclusion and Restraint Event Data adopting best practices involving the field of restraint and seclusion and Matrix (data about restraint and alternative approaches to restraint and alternatives to restraint and seclusion, seclusion rates within facilities and seclusion; and (2) program’s impact of the project created a common core of units). Data will be submitted by the reducing restraint and seclusion use and data collection instruments that will be sites electronically via a secured Web adoption of alternative practices. The used for this cross-site project. The site. estimated maximal annual response facilities will complete three different The Facility/Program Characteristics burden to collect this information is as instruments over a 3-year time period: Inventory and Inventory of Seclusion follows:

Burden/ Instrument annual Number of Responses/ response Maximal hours) respondents respondent (hours) burden

Facility/Program Characteristics Inventory ...... 21 a 1 2 42 Inventory of Seclusion and Restraint Reduction Interventions ...... 21 b 1 8 168 Seclusion and Restraint Event Data Matrix ...... 21 c 29 8 4,872

Total ...... 21 ...... 5,082 a The Facility/Program Characteristics Inventory will only be collected during for the first grant year (and not during grant years 2 and 3). b For the Inventory of Seclusion and Restraint Interventions, one response per respondent will be collected during grant years 1 and 2. How- ever, two responses per respondent will be collected during grant year 3. c The Seclusion and Restraint Event Data Matrix will be collected during grant years 2 and 3. Twenty-nine responses per respondent will be collected for grant year 2. However, 18 responses per respondent will be collected during grant year 3.

Send comments to Summer King, Department of Transportation, Room Inclusive to this determination is an SAMHSA Reports Clearance Officer, W12–140 on the Ground Floor of the assessment that Iran presents significant Room 7–1044, One Choke Cherry Road, West Building, 1200 New Jersey Avenue risk of introducing instruments of terror Rockville, MD 20857 and e-mail her a SE., Washington, DC 20590, between 9 into international maritime commerce. copy at [email protected]. a.m. and 5 p.m., Monday through Accordingly, effective April 3, 2008, the Written comments should be received Friday, except Federal holidays. The Coast Guard will impose the following within 60 days of this notice. telephone number is 202–366–9329. conditions of entry on vessels that Dated: March 12, 2008. FOR FURTHER INFORMATION CONTACT: If visited ports in Iran during their last Elaine Parry, you have questions on this notice, call five port calls. Vessels must: • Implement measures per the ship’s Acting Director, Office of Program Services. Mr. Michael Brown, International Port Security Evaluation Division, Coast security plan equivalent to Security [FR Doc. E8–5570 Filed 3–19–08; 8:45 am] Guard, telephone 202–372–1081. If you Level 2 while in a port in Iran; BILLING CODE 4162–20–M have questions on viewing or submitting • Ensure that each access point to the material to the docket, call Renee V. ship is guarded and that the guards have Wright, Program Manager, Docket total visibility of the exterior (both DEPARTMENT OF HOMELAND Operations, telephone 202–366–9826. landside and waterside) of the vessel SECURITY SUPPLEMENTARY INFORMATION: while the vessel is in ports in Iran. Guards may be provided by the ship’s Coast Guard Background and Purpose crew, however additional crewmembers [Docket No. USCG–2008–0002] Section 70110 of the Maritime should be placed on the ship if Transportation Security Act provides necessary to ensure that limits on Notification of the Imposition of that the Secretary of Homeland Security maximum hours of work are not Conditions of Entry for Certain Vessel may impose conditions of entry on exceeded and/or minimum hours of rest Arriving to the United States, Iran vessels requesting entry into the United are met, or provided by outside security forces approved by the ship’s master AGENCY: Coast Guard, DHS. States arriving from ports that are not maintaining effective anti-terrorism and Company Security Officer; ACTION: Notice. measures. The Coast Guard has been • Attempt to execute a Declaration of delegated the authority by the Secretary Security while in port in Iran; SUMMARY: The Coast Guard announces • that effective anti-terrorism measures to carry out the provisions of this Log all security actions in the ship’s section. The Docket contains previous log; are not in place in the ports of Iran and • that it will impose conditions of entry notices imposing or removing Report actions taken to the on vessels arriving from that country. conditions of entry on vessels arriving cognizant U.S. Coast Guard Captain of from certain countries and those the Port prior to arrival into U.S. waters; DATES: The policy announced in this conditions of entry and the countries and notice will become effective April 3, they pertain to remain in effect unless • Ensure that each access point to the 2008. modified by this notice. ship is guarded by armed, private ADDRESSES: This notice will be available The Coast Guard has determined that security guards and that they have total for inspection and copying at the Docket ports in Iran are not maintaining visibility of the exterior (both landside Management Facility at the U.S. effective anti-terrorism measures. and waterside) of the vessel while in

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14994 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

U.S. ports. The number and position of be sent directly to the appropriate FHEO Facsimile: 215–656–3449 the guards has to be acceptable to the region office for complaint processing TTY/TDD: 215–656–3450 cognizant Coast Guard Captain of the and investigation in accordance with E-mail: [email protected] Port. the Section 3 regulations found at 24 Atlanta Regional Office of Fair Housing With this notice, the current list of CFR part 135. (Please note that a and Equal Opportunity countries not maintaining effective anti- complainant need not submit a Form terrorism measures is as follows: 958 in order to file a Section 3 (Covers the following states: Alabama, Cameroon, Equatorial Guinea, Guinea- complaint. So long as the complainant Puerto Rico, Florida, Georgia, Kentucky, Bissau, Indonesia, Iran, Liberia, provides HUD with the information Mississippi, North Carolina, South Mauritania and Syria. required under 24 CFR 135.76 and signs Carolina, and Tennessee) Dated: March 14, 2008. the submission, a form is not necessary.) U.S. Department of Housing and Urban Rear Admiral David Pekoske, USCG, Section 3 matters not directly related Development, Atlanta Regional Office to the investigation of complaints of Fair Housing and Equal Assistant Commandant for Operations. (including, but not limited to, Opportunity, Five Points Plaza Bldg, [FR Doc. 08–1060 Filed 3–18–08; 12:04 pm] compliance reviews in accordance with 40 Marietta Street, Atlanta, GA BILLING CODE 4910–15–P 24 CFR 135.74), shall be directed to the 30303–3388 Director of the Economic Opportunity Telephone: 404–331–5140, 800–440– Division at the address and telephone 8091 DEPARTMENT OF HOUSING AND number listed above. Facsimile: 404–331–1021 URBAN DEVELOPMENT A list of FHEO Region offices, contact TTY/TDD: 404–730–2654 information, and geographic E-mail: [email protected] [Docket No. FR–5203–N–01] jurisdictions is provided below: Chicago Regional Office of Fair Housing Section 3 Complaint Processing Boston Regional Office of Fair Housing and Equal Opportunity Functions and Equal Opportunity (Covers the following states: Illinois, AGENCY: Office of the Assistant (Covers the following states: Indiana, Michigan, Minnesota, Ohio, Secretary for Fair Housing and Equal Connecticut, Maine, Massachusetts, and Wisconsin) Opportunity, HUD. New Hampshire, Rhode Island, and U.S. Department of Housing and Urban ACTION: Notice. Vermont) Development, Chicago Regional Office U.S. Department of Housing and Urban of Fair Housing and Equal SUMMARY: This notice announces a Development, Boston Regional Office Opportunity, 77 West Jackson change in the investigation of of Fair Housing and Equal Boulevard, Room 2101, Chicago, IL complaints filed pursuant to Section 3 Opportunity, 10 Causeway Street, 60604–3507 of the Housing and Urban Development Room 308, Boston, MA 02222–1092 Telephone: 312–353–7776, 800–765– Act of 1968. Telephone: 617–994–8300, 800–827– 9372 FOR FURTHER INFORMATION CONTACT: 5005 Facsimile: 312–886–2837 TTY/TDD: 312–353–7143 Staci Gilliam Hampton, Director, Facsimile: 617–565–7313 _ _ Economic Opportunity Division; Office TTY/TDD: 617–565–5453 E-mail: Complaints Office [email protected] of Fair Housing and Equal Opportunity; E-mail: [email protected] Fort Worth Regional Office of Fair Department of Housing and Urban New York Regional Office of Fair Housing and Equal Opportunity Development; 451 Seventh Street, SW., Housing and Equal Opportunity (Covers the following states: Arkansas, Washington, DC 20410–2000; telephone Louisiana, New Mexico, Oklahoma, and (202) 402–3468 (this is not a toll-free (Covers the following states: New York Texas) number). Hearing- and speech-impaired and New Jersey) U.S. Department of Housing and Urban individuals may access this telephone U.S. Department of Housing and Urban Development, Forth Worth Regional number via TTY by calling the toll-free Development, New York Regional Office of Fair Housing and Equal Federal Information Relay Service at Office of Fair Housing and Equal Opportunity, 801 Cherry Street, P.O. (800) 877–8339. Opportunity, 26 Federal Plaza, New Box 2905, Fort Worth, TX 76113–2905 SUPPLEMENTARY INFORMATION: On York, NY 10278–0068 Telephone: 817–978–5900, 888–560– November 21, 2007, the Assistant Telephone: 212–264–1290, 800–496– 8913 Secretary for Fair Housing and Equal 4294 Facsimile: 817–978–5876 Opportunity (FHEO) transferred the Facsimile: 212–264–9829 TTY/TDD: 817–978–5595 responsibility for investigating TTY/TDD: 212–264–0927 E-mail: [email protected] complaints filed pursuant to Section 3 E-mail: [email protected] of the Housing and Urban Development Kansas City Regional Office of Fair Philadelphia Regional Office of Fair Housing and Equal Opportunity Act of 1968 (Section 3) from FHEO in Housing and Equal Opportunity Washington, DC, to each of the ten (Covers the following states: Iowa, FHEO region offices. (See the delegation (Covers the following states: Delaware, Kansas, Missouri, and Nebraska) of authority published in the Federal District of Columbia, Maryland, U.S. Department of Housing and Urban Register on December 17, 2007 at 72 FR Pennsylvania, Virginia, and West Development, Kansas City Regional 71429.) All Section 3 monitoring and Virginia) Office of Fair Housing and Equal enforcement responsibilities will remain U.S. Department of Housing and Urban Opportunity, 400 State Avenue, in FHEO at HUD headquarters in Development, Philadelphia Regional Kansas City, KS 66101–2406 Washington, DC. Office of Fair Housing and Equal Telephone: 913–551–6958, 800–743– General Information: All submissions Opportunity, 100 Penn Square East, 5323 of HUD Form 958, Complaint Register Philadelphia, PA 19107–3390 Facsimile: 913–551–6856 Under Section 3 of the Housing and Telephone: 215–656–0662, 888–799– TTY/TDD: 913–551–6972 Urban Development Act of 1968, shall 2085 E-mail: [email protected]

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14995

Denver Regional Office of Fair Housing SUMMARY: We, the U.S. Fish and springsnail, south Texas ambrosia, and Equal Opportunity Wildlife Service (Service), announce 5- southwestern willow flycatcher, (Covers the following states: Colorado, year reviews of 28 southwestern species Terlingua Creek cat’s-eye, Texas ayenia, Montana, North Dakota, South Dakota, listed under the Endangered Species Act Texas blind salamander, Texas wild- Utah and Wyoming) of 1973 (Act). The purpose of reviews rice, Tobusch fishhook cactus, Yaqui conducted under this section of the Act chub, and Yaqui topminnow) or U.S. Department of Housing and Urban is to ensure that the classification of threatened (beautiful shiner, Hinckley Development, Denver Regional Office species as threatened or endangered on oak, San Marcos salamander, Sonora of Fair Housing and Equal the List of Endangered and Threatened chub, and Yaqui catfish). If the present Opportunity, 1670 Broadway, 22nd Wildlife and Plants is accurate. The 5- classification of any of these species is Floor, Denver, CO 80202 year review is an assessment of the best not consistent with the best scientific Telephone: 303–672–5437, 800–877– scientific and commercial data available and commercial information available, 7353 at the time of the review. the Service will recommend whether or Facsimile: 303–672–5026 DATES: To allow adequate time to not a change is warranted in the Federal TTY/TDD: 303–672–5248 classification of that species. Any E-mail: [email protected] conduct this review, information submitted for our consideration must be change in Federal classification would San Francisco Regional Office of Fair received on or before June 18, 2008. require a separate rule-making process. Housing and Equal Opportunity However, we will continue to accept Our regulations at 50 CFR 424.21 (Covers the following states: Arizona, new information about any listed require that we publish a notice in the California, Hawaii and Nevada) species at any time. Federal Register announcing those species currently under active review. U.S. Department of Housing and Urban ADDRESSES: Information submitted on This notice announces our active review Development, San Francisco Regional these species should be sent to the of the 28 species listed in Table 1. Office of Fair Housing and Equal Service at the addresses listed under Opportunity, 600 Harrison Street, 3rd ‘‘Public Comments’’ in the What information is considered in the Floor, San Francisco, CA 94107 SUPPLEMENTARY INFORMATION section. review? Telephone: 415–489–6536, 800–347– Information received in response to this A 5-year review considers all new 3739 notice of review will be available for information available at the time of the Facsimile: 415–489–6560 public inspection by appointment, review. These reviews will consider the TTY/TDD: 415–489–6564 during normal business hours, at the best scientific and commercial data that E-mail: [email protected] same addresses. has become available since the current FOR FURTHER INFORMATION CONTACT: Seattle Regional Office of Fair Housing Contact the appropriate office named in listing determination or most recent and Equal Opportunity ‘‘Public Comments’’ for species-specific status review of each species, such as: (Covers the following states: Alaska, information. A. Species biology, including but not limited to population trends, Idaho, Oregon, and Washington) SUPPLEMENTARY INFORMATION: distribution, abundance, demographics, U.S. Department of Housing and Urban and genetics; Development, Seattle Regional Office Why is a 5-year review conducted? of Fair Housing and Equal Section 4(c)(2)(A) of the Act (16 B. Habitat conditions, including but Opportunity, 909 First Avenue, U.S.C. 1531 et seq.) requires that we not limited to amount, distribution, and Seattle, WA 98104–1000 conduct a review of listed species at suitability; Telephone: 206–220–5170, 800–877– least once every 5 years. We are then, C. Conservation measures that have 0246 under section 4(c)(2)(B) and the been implemented to benefit the Facsimile: 206–220–5447 provisions of subsections (a) and (b), to species; TTY/TDD: 206–220–5185 determine, on the basis of such a D. Threat status and trends (see five E-mail: [email protected] review, whether or not any species factors under heading ‘‘How do we determine whether a species is Dated: March 13, 2008. should be removed (delisted) from the List of Endangered and Threatened endangered or threatened?’’); and Kim Kendrick, Wildlife and Plants (50 CFR 17.12), or E. Other new information, data, or Assistant Secretary for Fair Housing and reclassified from endangered to corrections, including but not limited to Equal Opportunity. threatened (downlisted), or from taxonomic or nomenclatural changes, [FR Doc. E8–5620 Filed 3–19–08; 8:45 am] threatened to endangered (uplisted). identification of erroneous information BILLING CODE 4210–67–P The 5-year review is an assessment of contained in the List of Endangered and the best scientific and commercial data Threatened Wildlife and Plants, and available at the time of the review. improved analytical methods. DEPARTMENT OF THE INTERIOR Therefore, we are requesting submission How are these species currently listed? of any new information (best scientific Fish and Wildlife Service and commercial data) on the following The List of Endangered and [FWS–R2–ES–2008–N0023, 21012– 28 species since their original listings as Threatened Wildlife and Plants (List) is 11130000–C4] either endangered (Arizona hedgehog found in 50 CFR 17.11 (wildlife) and cactus, Big Bend gambusia, Brady 17.12 (plants). Amendments to the List Endangered and Threatened Wildlife pincushion cactus, Clear Creek through final rules are published in the and Plants; 5-Year Reviews of 28 gambusia, Comal Springs dryopid Federal Register. The List is also Southwestern Species beetle, Comal Springs riffle beetle, available on our Internet site at http:// AGENCY: Fish and Wildlife Service, fountain darter, Kearney blue star, Leon www.fws.gov/endangered/wildlife.html. Interior. Springs pupfish, Peck’s Cave amphipod, In Table 1 below, we provide a San Marcos gambusia, Sonoran summary of the listing information for ACTION: Notice of reviews. pronghorn, Socorro isopod, Socorro the species under active review.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14996 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

TABLE 1.—SUMMARY OF THE LISTING INFORMATION

Final listing Common name Scientific name Status Where listed rule

Arizona hedgehog cactus ...... Echinocereus triglochidiatus var. arizonicus ...... E AZ 44 FR 61556 Beautiful shiner ...... Cyprinella formosa ...... T AZ, NM 49 FR 34490 Big Bend gambusia ...... Gambusia gaigei ...... E TX 32 FR 4001 Brady pincushion cactus ...... Pediocactus bradyi ...... E AZ 44 FR 61784 Clear Creek gambusia ...... Gambusia heterochir ...... E TX 32 FR 4001 Comal Springs dryopid beetle ...... Stygoparnus comalensis ...... E TX 62 FR 66295 Comal Springs riffle beetle ...... Heterelmis comalensis ...... E TX 62 FR 66295 Fountain darter ...... Etheostoma fonticola ...... E TX 35 FR 16047 Hinckley oak ...... Quercus hinckleyi ...... T TX 53 FR 32824 Kearney blue star ...... Amsonia kearneyana ...... E AZ 54 FR 2131 Leon Springs pupfish ...... Cyprinodon bovinus ...... E TX 45 FR 54678 Peck’s Cave amphipod ...... Stygobromus (=Stygonectes) pecki ...... E TX 62 FR 66295 San Marcos gambusia ...... Gambusia georgei ...... E TX 45 FR 47355 San Marcos salamander ...... Eurycea nana ...... T TX 45 FR 47355 Sonora chub ...... Gila ditaenia ...... T AZ 51 FR 16042 Sonoran pronghorn ...... Antilocapra americana sonoriensis ...... E AZ 32 FR 4001 Socorro isopod ...... Thermosphaeroma thermophilus ...... E NM 43 FR 12690 Socorro springsnail ...... Pyrgulopsis neomexicana ...... E NM 56 FR 49646 South Texas ambrosia ...... Ambrosia cheiranthifolia ...... E TX 59 FR 43648 Southwestern willow flycatcher ...... Empidonax traillii extimus ...... E AZ, CA, CO, 60 FR 10693 NV, NM, TX, UT Terlingua Creek cat’s-eye ...... Cryptantha crassipes ...... E TX 56 FR 49634 Texas ayenia ...... Ayenia limitaris ...... E TX 59 FR 43648 Texas blind salamander ...... Typhlomolge rathbuni ...... E TX 32 FR 4001 Texas wild-rice ...... Zizania texana ...... E TX 43 FR 17910 Tobusch fishhook cactus ...... Ancistrocactus tobuschii ...... E TX 44 FR 64736 Yaqui catfish ...... Ictalurus pricei ...... T AZ 49 FR 34490 Yaqui chub ...... Gila purpurea ...... E AZ 49 FR 34490 Yaqui topminnow ...... Poeciliopsis occidentalis sonoriensis ...... E AZ, NM 32 FR 4001

Definitions Related to This Notice E. Other natural or manmade factors Service, Arizona Ecological Services The following definitions are affecting its continued existence. Field Office, 2321 West Royal Palm Section 4(a)(1) of the Act requires that provided to assist those persons who Road, Suite 103, Phoenix, AZ 85021. our determination be made on the basis contemplate submitting information The office phone number is 602–242– of the best scientific and commercial regarding the species being reviewed: 0210. data available. A. Species includes any species or Information regarding Sonoran subspecies of fish, wildlife, or plant, What could happen as a result of this pronghorn (Antilocapra americana and any distinct population segment of review? sonoriensis) should be sent to the any species of vertebrate, which Refuge Manager, Attention 5-year If we find that there is new Review, Cabeza Prieta National Wildlife interbreeds when mature. information concerning any of the 28 B. Endangered means any species that Refuge, 1611 North Second Avenue, species listed in Table 1 indicating a Ajo, Arizona 85321. The office phone is in danger of extinction throughout all change in classification may be number is 520/387–6483, and Web or a significant portion of its range. warranted, we may propose a new rule address is: http://www.fws.gov/ C. Threatened means any species that that could do one of the following: (a) southwest/refuges/arizona/cabeza/ is likely to become an endangered Reclassify the species from endangered index.html. species within the foreseeable future to threatened; (b) reclassify the species throughout all or a significant portion of from threatened to endangered; or (c) Information regarding beautiful shiner its range. remove the species from the List. If we (Cyprinella formosa), Yaqui catfish determine that a change in classification (Ictalurus pricei), Yaqui chub (Gila How do we determine whether a purpurea), and Yaqui topminnow species is endangered or threatened? is not warranted, then these species will remain on the List under their current (Poeciliopsis occidentalis sonoriensis) Section 4(a)(1) of the Act establishes status. should be sent to the Refuge Manager, that we determine whether a species is Attention 5-year Review, San endangered or threatened based on one Public Comments Bernardino National Wildlife Refuge, or more of the five following factors: Information regarding the Brady P.O. Box 3509, Douglas, Arizona 85607. A. The present or threatened pincushion cactus (Pediocactus bradyi), The office phone number is 520/364– destruction, modification, or Arizona hedgehog cactus (Echinocereus 2104, and Web address is: http:// curtailment of its habitat or range; triglochidiatus var. arizonicus), Kearney www.fws.gov/southwest/refuges/ B. Overutilization for commercial, blue star (Amsonia kearneyana), arizona/sanbernardino.html. recreational, scientific, or educational southwestern willow flycatcher Information regarding the Texas blind purposes; (Empidonax traillii extimus), and salamander (Typhlomolge rathbuni), C. Disease or predation; Sonora chub (Gila ditaenia) should be fountain darter (Etheostoma fonticola), D. The inadequacy of existing sent to the Field Supervisor, Attention Texas wild-rice (Zizania texana), San regulatory mechanisms; or 5-year Review, U.S. Fish and Wildlife Marcos gambusia (Gambusia georgei),

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14997

San Marcos salamander (Eurycea nana), Dated: January 23, 2008. will provide advice and guidance to the Peck’s Cave amphipod (Stygobromus Christopher T. Jones, Federal Government through the (=Stygonectes) pecki), Comal Springs Acting Regional Director, Region 2. Department of the Interior and the dryopid beetle (Stygoparnus [FR Doc. E8–5632 Filed 3–19–08; 8:45 am] Department of Agriculture. comalensis), Comal Springs riffle beetle BILLING CODE 4310–55–P The Council will hold a meeting on (Heterelmis comalensis), Leon Springs the date shown in the DATES section at pupfish (Cyprinodon bovinus), Tobusch the address shown in the ADDRESSES fishhook cactus (Ancistrocactus DEPARTMENT OF THE INTERIOR section. The meeting will include a tobuschii), Terlingua Creek cat’s-eye session for the public to comment. (Cryptantha crassipes), Hinckley oak Fish and Wildlife Service Dated: March 13, 2008. (Quercus hinckleyi), Big Bend gambusia Phyllis T. Seitts, (Gambusia gaigei), and Clear Creek Sporting Conservation Council Designated Federal Officer, Sporting gambusia (Gambusia heterochir) should AGENCY: Fish and Wildlife Service, Conservation Council. be sent to the Field Supervisor, Interior. [FR Doc. E8–5637 Filed 3–19–08; 8:45 am] Attention 5-year Review, U.S. Fish and ACTION: Notice of meeting. BILLING CODE 4310–55–P Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet SUMMARY: This notice announces a Road, Suite 200, Austin, Texas 78758. meeting of the Sporting Conservation DEPARTMENT OF THE INTERIOR The office phone number is 512–490– Council (Council). The meeting agenda 0057. includes an update on implementation Bureau of Indian Affairs Information regarding Socorro isopod of the Executive Order on hunting (Thermosphaeroma thermophilus) and heritage and wildlife conservation and Muscogee (Creek) Nation Liquor and Socorro springsnail (Pyrgulopsis plans for a 2008 Policy Session Beverage Code neomexicana) should be sent to the regarding the North American AGENCY: Field Supervisor, Attention 5-year Conservation Model; State/Federal/ Bureau of Indian Affairs, Review, U.S. Fish and Wildlife Service, Tribal Wildlife Management; Habitat Interior. New Mexico Ecological Services Field Conservation and Management; Funding ACTION: Notice. Office, 2105 Osuna Road NE., for Wildlife Conservation; and SUMMARY: This notice publishes the Albuquerque, NM 87113. The office Perpetuating Hunter Traditions. This Liquor and Beverage Code (Code) of the phone number is 505–346–2525. meeting is open to the public, and will Muscogee (Creek) Nation. The Code Information regarding Texas ayenia include a session for the public to regulates and controls the possession, (Ayenia limitaris) and south Texas comment. sale and consumption of liquor within ambrosia (Ambrosia cheiranthifolia) DATES: We will hold the meeting on the Muscogee Creek Nation Indian should be sent to the Field Supervisor, April 8, 2008, from 2 p.m. to 4:30 p.m. Country (Tribal Lands) as defined by Attention 5-year Review, U.S. Fish and From 2:30 p.m. to 3 p.m. on April 8, Federal law. The Code allows for the Wildlife Service c/o TAMU–CC, 2008, we will host a public comment possession and sale of alcoholic Ecological Services, 6300 Ocean Drive, session. beverages within the Tribal Lands. The Unit 5837, Corpus Christi, TX 78412. ADDRESSES: On April 8, 2008, the Code will increase the ability of the The office phone number is 361–994– tribal government to control the 9005. meeting will be held in the Majestic Ballroom on the Majestic Level of the distribution and possession of liquor Public Solicitation of New Information Sheraton Denver Hotel at 1550 Court within their jurisdiction and at the same time will provide an important source of We request any new information Place, Denver, CO 80202. revenue and strengthening of the tribal concerning the status of the 28 species FOR FURTHER INFORMATION CONTACT: government and the delivery of tribal listed in Table 1. See ‘‘What information Phyllis T. Seitts, 9828 North 31st services. is considered in the review?’’ heading Avenue, Phoenix, AZ 85051–2517; 602– for specific criteria. Information 906–5603 (phone); or DATES: Effective Date: This Act is submitted should be supported by [email protected] effective as of March 20, 2008. documentation such as maps, (e-mail). FOR FURTHER INFORMATION CONTACT: bibliographic references, methods used SUPPLEMENTARY INFORMATION: The Charles Head, Tribal Government to gather and analyze the data, and/or Secretary of the Interior established the Services Officer, Eastern Oklahoma copies of any pertinent publications, Council in February 2006 (71 FR 11220, Regional Office, Bureau of Indian reports, or letters by knowledgeable March 6, 2006). The Council’s mission Affairs, 3100 West Peak Blvd., sources. Before including your address, is to provide advice and guidance to the Muskogee, Oklahoma 74402 ; Telephone phone number, e-mail address, or other Federal Government through the (918) 781–4600; Fax (918) 781–4604; or personal identifying information in your Department of the Interior on how to Elizabeth Colliflower, Office of Indian comments, you should be aware that increase public awareness of: (1) The Services, 1849 C Street, NW., Mail Stop your entire comment—including your importance of wildlife resources, (2) the 4513–MIB, Washington, DC 20240; personal identifying information—may social and economic benefits of Telephone (202) 513–7627; Fax (202) be made publicly available at any time. recreational hunting, and (3) wildlife 208–5113. While you can ask us in your comment conservation efforts that benefit SUPPLEMENTARY INFORMATION: Pursuant to withhold your personal identifying recreational hunting and wildlife to the Act of August 15, 1953; Public information from public review, we resources. Law 83–277, 67 Stat. 586, 18 U.S.C. cannot guarantee that we will be able to The Secretary of the Interior and the 1161, as interpreted by the Supreme do so. Secretary of Agriculture signed an Court in Rice v. Rehner, 463 U.S. 713 Authority: This document is published amended charter for the Council in June (1983), the Secretary of the Interior shall under the authority of the Endangered 2006 and July 2006, respectively. The certify and publish in the Federal Species Act (16 U.S.C. 1531 et seq.). revised charter states that the Council Register notice of adopted liquor

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 14998 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

ordinances for the purpose of regulating and requirements of this Chapter and Commissioner as established pursuant liquor transactions in Indian Country. any rules, regulations and licenses to MCNCA Title 36, § 1–104.A. The National Council of the Muscogee authorized hereunder shall apply to the F. ‘‘Liquor’’ means the four varieties (Creek) Nation adopted this amendment sale and distribution of liquor and beer of liquor commonly referred to as to Title 36 of the Muscogee (Creek) products on properties under the alcohol, spirits, wine and beer in excess Nation Code Annotated on June 30, jurisdiction of the Nation. of three and two-tenths percent (3.2%) 2007. Section 7–102. Purpose. The purpose of alcohol, and all fermented, This notice is published in of this Act is to regulate the sale and spirituous, vinous or malt liquors or any accordance with the authority delegated distribution of liquor and beer products other intoxicating liquid, solid, semi- by the Secretary of the Interior to the on properties under the jurisdiction of solid or other substance patented or not, Assistant Secretary—Indian Affairs. I the Muscogee (Creek) Nation and to containing alcohol, spirits, wine or beer, certify that the National Council duly generate an additional revenue base. in excess of three and two-tenths adopted amendment NCA 07–159 to the Section 7–103. Short Title and percent (3.2%) of alcohol, and is Muscogee (Creek) Nation Code Codification. This Act shall be known intended for oral consumption. Annotated on June 30, 2007. and may be cited as the Muscogee G. ‘‘Liquor Outlet’’ means the Dated: March 14, 2008. (Creek) Nation Liquor and Beverage Muscogee (Creek) Nation’s licensed Carl J. Artman, Code and shall be codified as Chapter 7 retail sale business selling liquor within Assistant Secretary—Indian Affairs. in Title 36, ‘‘Taxation and Revenue,’’ of the Muscogee Indian Country as defined the Code of Laws of the Muscogee by Federal law, including all related and This amendment, NCA 07–159, to the (Creek) Nation. associated facilities under the control of Muscogee (Creek) Nation Code Section 7–104. Authority. This Act is the Operator. Moreover, where an Annotated reads as follows: Operator’s business is carried on as part NCA 07–159 enacted pursuant to Article VI, § 7, of CLASSIFICATION: #36. TAXATION the Constitution of the Muscogee of the operation of an entertainment or AND REVENUE. (Creek) Nation and the Congressional recreational facility, the ‘‘Liquor Outlet’’ A LAW OF THE MUSCOGEE (CREEK) Act of August 15, 1953 (Pub. L. 83–277, shall be deemed to include the NATION AMENDING NCA 06–132 (A 67 State. 588, 18 U.S.C. § 1161). entertainment or recreational facility LAW OF THE MUSCOGEE (CREEK) Section 7–105. Definitions. For and its associated areas. NATION ENACTING A LIQUOR AND purposes of this Chapter, the following H. ‘‘Nation’’ means the Muscogee BEVERAGE CODE AND CODIFYING words and phrases shall have the (Creek) Nation as established under the SAID LAW IN TITLE 36, ‘‘TAXATION meanings respectively ascribed to them Muscogee (Creek) Nation Constitution of AND REVENUE,’’ OF THE CODE OF in this section, except where the context 1979. Chartered communities of the LAWS OF THE MUSCOGEE (CREEK) otherwise requires: Muscogee (Creek) Nation are considered NATION), AS AMENDED BY NCA 06– A. ‘‘Alcohol’’ means a substance component, inseparable subdivisions of 222. known as ethyl alcohol, hydrated oxide the Muscogee (Creek) Nation and may Be it Enacted by the National Council of ethyl, or spirit of wine, which is only benefit from the rights and of the Muscogee (Creek) Nation: produced by the fermentation or privileges from the Muscogee (Creek) SECTION ONE. AMENDMENT. This distillation of grain, starch, molasses, Nation under this Chapter. amendment shall be codified in Title 36 sugar, or other substances including all I. ‘‘National Council’’ means the of the Muscogee (Creek) Nation Code dilutions and mixtures of this Muscogee (Creek) Nation National Annotated and shall read as follows: substance. Council as constituted by Article VI of B. ‘‘Beer’’ means any beverage the Constitution of the Muscogee Title 36. Taxation and Revenue containing less than or equal to three (Creek) Nation. Chapter 7. Liquor and Beverage Code and two-tenths percent (3.2%) of J. ‘‘Operator’’ means a person twenty- alcohol by weight and obtained by the one (21) years of age or older who is Subchapter 1. General Provisions alcoholic fermentation of an infusion of properly licensed by the Commission to Section 7–101. Findings. The National decoction of pure hops, pure extract of operate a Liquor and/or Beer Outlet. Council finds that: barley or other grain, malt, sugar, or K. ‘‘Person’’ means a natural person, A. It is the policy of the Nation to similar products. a partnership, an association of persons, raise revenues through the collection of C. ‘‘Beer Outlet’’ means the Muscogee a corporation, a firm, a limited liability taxes for the sale and distribution of (Creek) Nation’s licensed retail sale company, a sole proprietorship, a trust, liquor and beer products within business selling beer within the a joint venture, a consortium, a Muscogee (Creek) Nation Indian Muscogee (Creek) Nation Indian commercial entity, a Muscogee (Creek) Country as defined by Federal law. Country as defined by Federal law, Nation tribal entity, a Muscogee (Creek) B. The Nation has a duty to provide including all related and associated Nation chartered Indian community, or for the health, safety, and welfare of its facilities under the control of the an Indian tribe. citizens. Operator. Moreover, where an L. ‘‘Sale’’ means any transfer, C. As part of the Nation’s Operator’s business is carried on as part exchange, or barter, in any manner or by responsibility to its citizens, the Nation of the operation of an entertainment or any means whatsoever, for a must regulate and control the recreational facility, the ‘‘Beer Outlet’’ consideration and includes and means distribution, sale, and possession of shall be deemed to include the all sales made by any person, whether alcoholic beverages on tribal lands entertainment or recreational facility as principal, proprietor or as an agent, located within Muscogee (Creek) Nation and its associated areas. servant, or employee, association, Indian Country as defined by Federal D. ‘‘Commission’’ means the partnership, or corporation of liquor or law. Muscogee (Creek) Nation Tax beer products. D. Except as otherwise required by Commission as established pursuant to M. ‘‘Wholesaler’’ means and includes other applicable laws of the Muscogee MCNCA Title 36, § 1–103. any person doing any such acts or (Creek) Nation or by any applicable E. ‘‘Commissioner’’ means the carrying on any such business or Federal and State law, the provisions Muscogee (Creek) Nation Tax businesses that would require such

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 14999

person to obtain a wholesaler’s license liquor and beer products, and related other Nation or any State of the United or licenses hereunder. products or activities within Muscogee States; N. ‘‘Wholesale price’’ means the (Creek) Nation Indian County as defined 3. He/she has never violated the laws established price for which liquor or by Federal law. commonly called the ‘‘Prohibition beer are sold to the Muscogee (Creek) laws,’’ as defined hereunder or under Nation or any Operator by the Subchapter 3. Licensing any subsequent regulations; and, manufacturer or distributor or other Section 7–301. Licensing of Liquor 4. He/she has not had any permit or reduction. and Beer Outlets. The Commission is license to sell alcohol, beer or liquor as Section 7–106. Severability. In the empowered to do the following duties: provided for in § 7–105 hereof revoked event that any provision or provisions of a. Administer this Act by exercising by any governmental authority within this Act are determined by a court of general control, management and the previous one (1) year. competent jurisdiction to be invalid for supervision of all liquor and beer sales, C. Processing Application. The any reason, the remaining provisions of places of sales and sale outlets, as well Commissioner shall receive and process the Act shall be deemed severable from as exercising all powers necessary to applications and be the official the provision or provisions determined accomplish the purposes of this Act; representative of the Nation and the to be invalid and shall remain in full and, Commission in all matters related to the force and effect as though the invalid b. Adopt and enforce rules and receipt of applications, liquor and beer provisions had never been part of the regulations in furtherance of the excise tax collections and any other Act. purposes of this Act and in the related matters. If the Commission or its authorized representative is satisfied Subchapter 2. Prohibition and performance of its administrative functions. that the applicant is suitable and a Conformity With the Laws of the State responsible person, the Commission or of Oklahoma Section 7–302. National Council Approval of Liquor and/or Beer Outlet its authorized representative may issue Section 7–201. General Prohibition. It Locations. a license for the sale of liquor and/or shall be unlawful to buy, sell, give beer products. away, consume, furnish, or possess any A. National Council Approval of D. Application Fee. Each application liquor or beer product containing Location. The National Council shall shall be accompanied by an application alcohol for ingestion by human beings approve all Liquor and/or Beer Outlet fee to be set by regulations of the or to appear or be found in a place locations located on Muscogee (Creek) Commission. where liquor or beer products are sold Nation Indian Country as defined by E. Discretionary Licensing. Nothing and/or consumed, except as allowed for Federal law by way of Tribal Resolution herein shall be deemed to create a duty under this Act and the regulations prior to the Commission issuing or requirement to issue a license. promulgated hereunder. Licenses to said outlet locations. Issuance of a license is discretionary Section 7–202. Possession for B. National Council Location Review. based upon the Commission’s Personal Use. Possession of liquor or The National Council may refuse to determination of the best interests of the beer products for personal use by approve a Liquor and/or Beer Outlet Nation. A license is a privilege, and not persons over the age of twenty-one (21) Location located on the Muscogee a property right, to sell liquor and/or years shall, unless otherwise prohibited (Creek) Nation Indian Country as beer products within the jurisdiction of by Federal, State or Muscogee (Creek) defined by Federal law, pursuant to the Muscogee (Creek) Nation at licensed Nation Law or Regulation, be lawful Section 7–302 of this Act, if the locations, but not operate to confer on, within the Muscogee (Creek) Nation National Council has reasonable cause vest in, or license any title, interest or Indian Country as defined by Federal to believe that: estate in Muscogee (Creek) Nation real law, so long as said liquor or beer 1. The proximity of the outlet has a property. product was lawfully purchased from an detrimental effect upon a social or Section 7–304. Liquor and/or Beer establishment duly licensed to sell said governmental institution established by Outlet Licenses. Upon approval of an beverages, whether on or off the the laws of the Muscogee (Creek) application, the Commission shall issue Muscogee (Creek) Nation Indian Nation; or the applicant a liquor and/or beer Country as defined by Federal law and 2. The outlet is within 50 feet of a license (‘‘License’’) which shall be valid consumed within a private residence or residential area; or for one (1) year from the date of at a location or facility licensed for the 3. There is any other reason as issuance. The License shall entitle the public consumption of liquor or beer. provided for and by Muscogee (Creek) Operator to establish and maintain only Section 7–203. Conformity with the Nation law or regulation. the type of outlet permitted on the Laws of the State of Oklahoma. Federal Section 7–303. Application for Liquor license. This License shall not be law prohibits the introduction, and/or Beer Outlet Licenses. transferable. The Operator must possession and sale of liquor in Indian A. Application. Any person twenty- properly and publicly display the Country (18 U.S.C. 1154 and other one (21) years of age or older may apply License in its place of business. The statutes), except when the same is in to the Commission for a Liquor and/or License shall be renewable at the conformity both with laws of the State Beer Outlet License. discretion of the Commission; provided of Oklahoma and the Nation (18 U.S.C. B. Licensing Requirements. The that the Operator submits an application 1161). As such, compliance with this person applying for said license must form and application fee as provided for Act shall be in addition to and not a make a showing once a year and must in Section 7–303. D. of this Act. substitute for compliance with the laws satisfy the Commission that: Section 7–305. Other Business by of the State of Oklahoma. Operators 1. He/she is a person of good moral Operator. An Operator may conduct acting pursuant to this Act shall comply character; another business simultaneously with with the State of Oklahoma’s liquor and 2. He/she has never been convicted of managing a Liquor and/or Beer Outlet; beer laws to the extent required by 18 violating any laws prohibiting the traffic provided if such other business is in any U.S.C. 1161. However, the Nation shall in any spirituous, vinous, fermented or manner affiliated or related to the have the fullest jurisdiction allowed malt liquors, or of the gaming laws of Liquor and/or Beer Outlet and is not under the Federal laws over the sale of the Nation, State of Oklahoma, any regulated by another entity of the Nation

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15000 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

it must be approved by the Commission Any findings of fact of the Commission suppliers and Operators. The prior to the initiation. Said other are conclusive upon the District Court. Commission may, at its discretion, business may be conducted on same The purposes of the District Court require the receipts from the suppliers premise as a Liquor and/or Beer Outlet, review are not to substitute the Court’s of all invoices, bills of lading, billings or but the Operator shall be required to finding of facts or opinion for the documentary receipts of sales to the maintain separate account books for the Commission’s, but to guarantee due Operators. All records shall be kept other business. process of law. If the District Court according to Section 7–402. G. of this Section 7–306. Revocation of should rule for the appealing party, the Act. Operator’s License. District Court may order a new hearing Section 7–402. Sales by Retail A. Failure of an Operator to abide by giving such guidance for the conduct of Operators; Wholesalers/Operators the requirements of this Act and any such as it deems necessary for a fair Records. additional regulations or requirements hearing. In the event a party is A. Commission Regulations. The imposed by the Commission shall unsuccessful before the District Court, Commission shall adopt regulations that constitute grounds for revocation of the they may exercise such appeal rights as shall supplement this Act and facilitate Operator’s License as well as available before the Muscogee (Creek) their enforcement. These regulations enforcement of the penalties provided Nation Supreme Court. No damages or shall include prohibitions on sales to for in Section 7–701 of this Act. monies may be awarded against the minors, where liquor and/or beer may B. Upon determining that any person Commission, its members nor the be consumed, persons not allowed to licensed by the Nation to sell liquor Nation, and its agents, officers and purchase liquor and/or beer, hours and and/or beer is for any reason no longer employees in such an action. days when outlets may be open for qualified to hold such license or Section 7–307. Discretionary Review. business and any other appropriate reasonably appears to have violated any The Commission may refuse to grant a matters and controls. terms of this license or Muscogee License for the sale of liquor and/or beer B. Sales to Minors. No person shall (Creek) Nation regulations, including products, if the Commission has give, sell or otherwise supply any liquor failure to pay taxes when due and reasonable cause to believe that the and/or beer to any person under the age owing, or have been found by any forum License required by this Act has been of twenty-one (21) years of age either for of competent jurisdiction, including the obtained by fraud or misrepresentation. his or her own use or for the use of any Commission, to have violated the terms The Commission upon proof that said other person. of the Nation’s or the State of License was so obtained shall upon C. Consumption of Liquor and/or Beer Oklahoma’s license or of any provision hearing revoke the same, and all funds upon Licensed Premises. No Operator of this Act, the Commissioner shall paid therefore shall be forfeited. shall permit any person to open or immediately serve written notice upon consume liquor and/or beer on his/her Subchapter 4. Liquor and Beer Sales and the Operator that he/she must show premises and in his/her control unless Transportation cause within ten (10) days as to why the Commission allows the his/her license should not be revoked or Section 7–401. Sales by Liquor and consumption of liquor and/or beer and restricted. The notice shall state the Beer Wholesalers and Transport of identifies where liquor and/or beer may grounds relied upon for the proposed Liquor and Beer upon Muscogee (Creek) be consumed on Muscogee (Creek) revocation or restriction. Nation Indian Country. Indian Country as defined by Federal C. If the Operator fails to respond to A. Right of Commission to Scrutinize law. the notice within ten (10) days of Suppliers. The Operator of any licensed service, the Commissioner may issue an outlet shall keep the Commission D. Conduct on Licensed Premises. Order revoking the License as the informed, in writing, of the identity of 1. No Operator shall be disorderly, Commissioner deems appropriate, the suppliers and/or wholesalers who boisterous or intoxicated on the licensed effective immediately. The Operator supply or are expected to supply liquor premises or any public premises may within the ten (10)-day period file and/or beer products to the outlet(s). adjacent thereto which are under his/ with the Commission a written response The Commission may, at its discretion, her control, nor shall he/she permit and request for hearing before the limit or prohibit the purchase of said disorderly, boisterous or intoxicated Commission. products from a supplier or wholesaler person to be thereon; nor shall he/she D. At the hearing, the Operator may for the following reasons: non-payment use or allow the use of profane or vulgar present evidence and argument directed of Muscogee (Creek) Nation taxes, bad language thereon. at the issue of whether or not the business practices, or sale of unhealthy 2. No Operator shall permit asserted grounds for the proposed supplies. A ten (10)-day notice of suggestive, lewd or obscene conduct or revocation or restriction are in fact true, stopping purchases (‘‘Stop Purchase acts on his/her premises. For the and whether such grounds justify the Order’’) shall be given by the purpose of this section, suggestive, lewd revocation or modifications of the Commission whenever purchases from a or obscene conduct or acts shall be License. The Nation may present supplier or wholesaler are to be those conduct or acts identified as such evidence as it deems appropriate. discontinued unless there is a health by Federal, State of Oklahoma and/or E. The Commission, after considering emergency, in which case the Stop the laws of the Nation. all of the evidence and arguments, shall Purchase Order may take effect E. Employment of Minors. No person issue a written decision either immediately. under the age of twenty-one (21) years upholding the License, revoking the B. Freedom of Information from of age shall be employed in any service License or imposing some lesser penalty Suppliers/Wholesalers. Operators shall in connection with the sale or handling (such as temporary suspension or fine), in their purchase of stock and in their of liquor or beer, either on a paid or and such decision shall be final and business relations with suppliers and voluntary basis. conclusive with regard to the wholesalers cooperate with and assist in F. Operator’s Premises Open to Commission. the free flow of information and data to Commission Inspection. The premises of F. The Commission’s final decision the Commission from suppliers and all Operators, including vehicles used in may be appealed by the Operator to the wholesalers relating to the sales and connection with liquor and/or beer Muscogee (Creek) Nation District Court. business arrangements between sales, shall be open during business

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15001

hours and at all reasonable times to amount of six percent (6%). All taxes A. Liability. Unless explicitly inspection by the Commission. paid pursuant to this Act shall be authorized by Muscogee (Creek) Nation G. Wholesaler’s/Operator’s Records. conclusively presumed to be direct statute or regulation, Operators are The originals or copies of all sales slips, taxes on the retail consumer pre- forbidden to represent or give the invoices and other memoranda covering collected for the purpose of convenience impression to any supplier or person all purchases of liquor and/or beer by and facility. with whom he or she does business that the Operator or Wholesaler shall be kept C. Tax Stamp. Within seventy-two he or she is an official representative of on file in the retail premises of the (72) hours after receipt of any liquor the Nation or the Commission Operator or Wholesaler purchasing the and/or beer products by any wholesaler authorized to pledge Muscogee (Creek) sales at least five (5) years after each or retailer subject to this Act, a Nation credit or financial responsibility purchase and shall be filed separately Muscogee (Creek) Nation tax stamp for any of the expenses of his or her and kept apart from all other records, shall be securely affixed thereto business operation. The Operator shall and as nearly as possible, shall be filed denoting the Muscogee (Creek) Nation hold the Nation harmless from all in consecutive order and each month’s tax thereon. Retailers or sellers of liquor claims and liability of whatever nature. records kept separate so as to render the and/or beer products within the The Commission shall revoke an same readily available for inspection Nation’s jurisdiction may buy and sell Operator’s outlet license(s) if said and checking. All cancelled checks, or have in their possession only liquor outlet(s) is not operated in a bank statements, and books of and/or beer products which have the businesslike manner or if it does not accounting, covering and involving the Muscogee (Creek) Nation tax stamp remain financially solvent or does not purchase of liquor and/or beer and all affixed to each package. pay its operating expenses and bills memoranda, if any, showing payment of D. Use of Tax Revenue. Of the 6% before they become delinquent. money for liquor and/or beer other than excise tax imposed and levied B. Insurance. The Operator shall by check shall be likewise preserved for hereunder, 1% shall be earmarked for maintain at his or her own expense availability for inspection and checking. expenditure on the establishment and adequate insurance covering liability, H. Records Confidential. All records maintenance of drug and alcohol fire, theft, vandalism and other of the Commission showing the prevention and treatment programs insurable risks. The Commission may purchase of liquor by any individual or within the jurisdictional boundaries of establish as a condition of any license, group shall be confidential and shall not the Muscogee (Creek) Nation, 1% shall the required insurance limits and any be inspected except by members of the be deposited in the Nation’s Capital additional coverage deemed advisable, Commission or the Nation’s Attorney Improvements Fund Account; and the proof of which shall be filed with the General’s Office. remaining 4% shall be transferred to the Commission. Section 7–403. Transportation Muscogee (Creek) Nation Controller for Section 7–603. Sovereign Immunity. Through Muscogee (Creek) Nation deposit in to the General Fund and shall Nothing in this Act shall be construed Indian Country Not Affected. Nothing be available for appropriation by the as a waiver or a limitation of the herein shall pertain to the otherwise National Council for essential sovereign immunity of the Muscogee lawful transportation of liquor and/or government functions and/or services. (Creek) Nation or its agencies, nor their beer through the Muscogee (Creek) Section 7–502. Audits and officers or employees. To the fullest Nation Indian Country as defined by Inspections. extent possible, the Muscogee (Creek) Federal law by persons remaining upon A. Inspections. All of the books and Nation expressly retains its sovereign public roads and highways and where other business records of the Outlet immunity for the purposes of enactment such beverages are not delivered, sold or shall be available for inspection and of this Act. offered for sale to anyone within the audit by the Commission or its Subchapter 7. Enforcement Muscogee (Creek) Nation Indian authorized representative during normal Country as defined by Federal law. business hours and at all other Section 7–701. Violations and reasonable times, as may be requested Penalties. Any person who violates this Subchapter 5. Taxation and Audits by the Commission. Act or elicits, encourages, directs, or Section 7–501. Excise Tax Imposed B. Bond for Excise Tax. The excise tax causes to be violated this Act, or Acts Upon Distribution of Liquor and/or Beer together with reports on forms to be in support of this Act, or regulations of and Use of Such Tax. supplied by the Commission shall be the Commission shall be guilty of an A. General Taxation Authority. The remitted to the Commission on a offense and subject to fine. Failure to Commission shall have the authority to monthly basis unless otherwise have a current, valid or proper license assess and collect tax on the sale of specified in writing by the Commission. shall not constitute a defense to an liquor and/or beer products to the The Operator shall furnish a satisfactory alleged violation of the licensing laws purchaser or consumer. This tax shall be bond to the Commission in an amount and/or regulations. The judicial system collected and paid to the Commission to be specified by the Commission of the Muscogee (Creek) Nation shall upon all liquor and/or beer products guaranteeing his or her payment of have exclusive jurisdiction over said sold within the jurisdiction of the excise taxes. proceeding(s). Nation. The Nation does hereby A. Any Indian person convicted of establish such a rate of six percent (6%) Subchapter 6. Liability, Insurance and committing any violation of this Act and may establish differing rates for any Sovereign Immunity shall be subject to punishment of up to given class of merchandise, which shall Section 7–601. Liability for Bills. The one (1) year imprisonment and/or a fine be paid prior to the time of retail sale Muscogee (Creek) Nation and the not to exceed Five Thousand Dollars and delivery thereof. Commission shall have no legal ($5,000). B. Added to Retail Price. An excise responsibility for any unpaid bills owed B. Additionally, any person upon tax to be set by the Muscogee (Creek) by a Liquor and/or Beer Outlet to a committing any violation of any Nation on the wholesale price shall be wholesaler, supplier, or any other provision of this Act may be subject to added to the retail selling price of liquor person. civil action for trespass and upon and/or beer products to be sold to the Section 7–602. Muscogee (Creek) having been determined by the ultimate consumer or purchaser in the Nation Liability and Credit. Muscogee (Creek) Nation District Court

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15002 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

to have committed said violation, shall SUMMARY: As required by 43 CFR DEPARTMENT OF THE INTERIOR be found to have trespassed upon the 2650.7(d), notice is hereby given that an lands of the Nation and shall be appealable decision approving lands for Bureau of Land Management assessed such damages as the Muscogee conveyance pursuant to the Alaska [OR–030–1020–PG; HAG 08–0063] (Creek) Nation District Court system Native Claims Settlement Act will be deems appropriate in the circumstances. issued to Nelson Lagoon Corporation. Meeting Notice for the John Day/Snake C. Any person suspected or having The lands are in the vicinity of Nelson Resource Advisory Council violated any provision of this Act shall, Lagoon, Alaska, and are located in: in addition to any other penalty U.S. Survey No. 499, Alaska. AGENCY: Bureau of Land Management imposed hereunder, be required to Containing 5.51 acres. (BLM), Vale District. surrender any liquor and/or beer SUMMARY: The John Day/Snake Resource products in the person’s possession to Seward Meridian, Alaska Advisory Council (JDSRAC) meeting is the officer making the complaint. The T. 49 S., R. 76 W., scheduled for April 4, 2008, in surrendered beverages, if previously Secs. 19, 20, and 29; Pendleton, Oregon. unopened, shall only be returned upon Secs. 30, 31, and 32. The John Day/Snake Resource a finding by the Muscogee (Creek) Containing 3,757.07 acres. Advisory Council meeting is scheduled Nation District Court, after trial or T. 50 S., R. 78 W., for April 4, 2008. The meeting will take proper judicial proceeding, that the Secs. 1, 2, and 3; place at the Oxford Suites, 2400 SW Secs. 11, 12 and 13. individual committed no violation of Court, Pendleton, OR from 8 a.m. to 4 this Act. Containing 3,520.20 acres. p.m. The meeting may include such D. Any Operator who violates the T. 47 S., R. 68 W., (unsurveyed) topics as Forest and Resource Secs. 3 to 11, inclusive; provisions set forth herein shall forfeit Management Planning, Salmon all of the remaining stock in the Secs. 14 to 18, inclusive; Secs. 21, 22, and 23; Recovery, Transportation Planning, and outlet(s). The Commission shall be Secs. 27 and 34. other matters as may reasonably come empowered to seize forfeited products. Containing approximately 11,056 acres. before the council. E. Any stock, goods or other items Aggregating approximately 18,339 acres. The meeting is open to the public. subject to this Act that have not been Public comment is scheduled for 1 p.m. registered, licensed or taxes paid shall The subsurface estate in these lands will be conveyed to The Aleut to 1:15 p.m. (Pacific Time) April 4, be contraband and subject to immediate 2008. For a copy of the information to confiscation by the Commission or its Corporation when the surface estate is conveyed to Nelson Lagoon be distributed to the Council members, employees or agents; provided that please submit a written request to the within fifteen (15) days of the seizure Corporation. Notice of the decision will also be published four times in the Vale District Office 10 days prior to the the Commission shall cause to be filed meeting. an action against such property alleging Anchorage Daily News. FOR FURTHER INFORMATION CONTACT: the reason for the seizure or confiscation DATES: The time limits for filing an Additional information concerning the and upon proof, the Muscogee (Creek) appeal are: John Day/Snake Resource Advisory Nation District Court shall order the 1. Any party claiming a property Council may be obtained from Mark property forfeited and vested with the interest which is adversely affected by Wilkening, Public Affairs Officer, Vale Nation. the decision shall have until April 21, District Office, 100 Oregon Street, Vale, SECTION TWO. REPEALER. Any and 2008 to file an appeal. Oregon 97918, (541) 473–6218 or e-mail all previous liquor and beer Acts of the 2. Parties receiving service of the [email protected]. Muscogee (Creek) Nation are hereby decision by certified mail shall have 30 repealed, any Acts in direct conflict days from the date of receipt to file an Dated: February 27, 2008. with this Act are hereby impliedly appeal. David R. Henderson, Parties who do not file an appeal in repealed, and this Act shall have the full District Manager. force and effect as Muscogee (Creek) accordance with the requirements of 43 CFR part 4, subpart E, shall be deemed [FR Doc. E8–5638 Filed 3–19–08; 8:45 am] Nation. BILLING CODE 4310–33–P SECTION THREE. EFFECTIVE DATE. to have waived their rights. This Act shall become effective upon ADDRESSES: A copy of the decision may publication by the United States be obtained from: Bureau of Land DEPARTMENT OF THE INTERIOR Department of the Interior’s certification Management, Alaska State Office, 222 notice in the Federal Register. West Seventh Avenue, #13, Anchorage, Bureau of Land Management Alaska 99513–7504. [FR Doc. E8–5627 Filed 3–19–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: The DEPARTMENT OF AGRICULTURE BILLING CODE 4310–4J–P Bureau of Land Management by phone at 907–271–5960, or by e-mail at Forest Service DEPARTMENT OF THE INTERIOR [email protected]. Persons who use a telecommunication device Notice of Call for Nominations for Bureau of Land Management (TTD) may call the Federal Information Appointment of Primary and Alternate Relay Service (FIRS) at 1–800–877– Representatives, Santa Rosa and San [AA–6681–B, AA–6681–C, AA–6681–D, AA– 8330, 24 hours a day, seven days a Jacinto Mountains National Monument 6681–E, AA–6681–A2; AK–964–1410–KC–P] week, to contact the Bureau of Land Advisory Committee Management. Alaska Native Claims Selection AGENCIES: Bureau of Land Management, Hillary Woods, U.S. Department of the Interior; and AGENCY: Bureau of Land Management, Forest Service, U.S. Department of Interior. Land Law Examiner, Land Transfer Adjudication I. Agriculture. ACTION: Notice of decision approving [FR Doc. E8–5629 Filed 3–19–08; 8:45 am] ACTION: Notice of call for nominations lands for conveyance. BILLING CODE 4310–$$–P for appointment or reappointment of

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15003

primary representatives, and of appointment and expire March 16, Mountains National Monument under appointment of alternate representatives 2010. the provisions of the Federal Advisory to occupy various positions on the Santa • Alternate representative of a local Committee Act. The purpose of the Rosa and San Jacinto Mountains developer or builder organization; term National Monument Advisory National Monument Advisory will begin on date of appointment and Committee (MAC) is to advise the Committee. expire March 16, 2010. Secretaries with respect to preparation • Alternate representative of the City and implementation of the National SUMMARY: This notice constitutes an of La Quinta; term will begin on date of Monument Management Plan. open call to the public to submit appointment and expire March 16, The MAC holds public meetings nomination applications for the 2010. several times throughout the year. The following positions on the Santa Rosa • Alternate representative of the Designated Federal Official (DFO), or and San Jacinto Mountains National California Department of Fish and Game his/her designee, may convene Monument Advisory Committee: or the California Department of Parks additional meetings as necessary. All Primary Representatives and Recreation; term will begin on date MAC members are volunteers serving of appointment and expire March 16, without pay, but will be reimbursed for • Representative of the City of Indian 2010. travel and per diem expenses at the Wells; term will begin on date of • Alternate representative of a local current rates for government employees appointment and expire July 21, 2009. conservation organization; term will in accordance with 5 U.S.C. 5703, when • Representative of the Winter Park begin on date of appointment and expire appropriate. Members of the MAC may Authority; term will begin on date of March 16, 2010. be reappointed upon expiration of the appointment and expire July 21, 2009. • Alternate representative of the City member’s current term. • Representative of a local developer of Rancho Mirage; term will begin All applicants must be citizens of the or builder organization; term will begin December 16, 2008 and expire United States. Members are appointed on date of appointment and expire December 16, 2011. by the Secretary of the Interior with March 16, 2010. • Alternate representative of the City concurrence by the Secretary of • Representative of the City of of Palm Desert; term will begin Agriculture. Applicants must be Rancho Mirage; term will begin December 16, 2008 and expire qualified through education, training, December 16, 2008 and expire December 16, 2011. knowledge, or experience to give December 16, 2011. • Alternate representative of the Agua informed advice regarding an industry, • Representative of the City of Palm Caliente Band of Cahuilla Indians; term discipline, or interest to be represented. Desert; term will begin December 16, will begin December 16, 2008 and There is no limit to the number of 2008 and expire December 16, 2011. expire December 16, 2011. nomination applications which may be • Representative of the Agua Caliente • Alternate representative with submitted for each open position. Band of Cahuilla Indians; term will expertise in natural science and Current MAC appointees may submit an begin December 16, 2008 and expire research from a regional college or updated nomination application for December 16, 2011. university; term will begin December reappointment. Any individual may • Representative with expertise in 16, 2008 and expire December 16, 2011. nominate himself or herself for natural science and research from a • Alternate representative of the appointment. Completed nomination regional college or university; term will Pinyon Community Council; term will applications should include letters of begin December 16, 2008 and expire begin December 16, 2008 and expire reference and/or recommendations from December 16, 2011. December 16, 2011. the represented interests or • Representative of the Pinyon DATES: Nomination applications must be organizations, and any other Community Council; term will begin submitted to the address listed below no information explaining the nominee’s December 16, 2008 and expire later than 90 days after the date of qualifications (e.g., resume, curriculum December 16, 2011. publication of this notice in the Federal vitae). Nomination application packages are Register. Alternate Representatives available at the Bureau of Land ADDRESSES: • Alternate representative of the City Santa Rosa and San Jacinto Management Palm Springs-South Coast of Indian Wells; term will begin on date Mountains National Monument, c/o Field Office, 690 West Garnet Avenue, of appointment and expire July 21, Bureau of Land Management, Palm North Palm Springs, California; through 2009. Springs-South Coast Field Office, Attn: the Santa Rosa and San Jacinto • Alternate representative of the National Monument Manager, Advisory Mountains National Monument Web Winter Park Authority; term will begin Committee Nomination Application, page at http://www.blm.gov/ca/st/en/fo/ on date of appointment and expire July P.O. Box 581260, North Palm Springs, palmsprings/santarosa/ 21, 2009. California 92258–1260. mac_nominations.html; via telephone • Alternate representative of the City FOR FURTHER INFORMATION CONTACT: Jim request at (760) 251–4800, or facsimile of Cathedral City; term will begin on Foote, Monument Manager, Santa Rosa message at (760) 251–4899; by written date of appointment and expire July 21, and San Jacinto Mountains National request from the Santa Rosa and San 2009. Monument, telephone (760) 251–4836; Jacinto Mountains National Monument • Alternate representative of the facsimile message (760) 251–4899; e- Manager at the following address: Santa Coachella Valley Mountains mail [email protected]. Rosa and San Jacinto Mountains Conservancy; term will begin on date of SUPPLEMENTARY INFORMATION: In National Monument, c/o Bureau of Land appointment and expire July 21, 2009. accordance with the Santa Rosa and San Management, Palm Springs-South Coast • Alternate representative of the Jacinto Mountains National Monument Field Office, Attn: National Monument County of Riverside; term will begin on Act of 2000 (Pub. L. 106–351), the Manager, Advisory Committee date of appointment and expire July 21, Secretary of the Interior and the Nomination Application Request, P.O. 2009. Secretary of Agriculture have jointly Box 581260, North Palm Springs, • Alternate representative of the City established an advisory committee for California 92258–1260; or through an e- of Palm Springs; term will begin on date the Santa Rosa and San Jacinto mail request at [email protected].

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15004 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

Each application package includes lease as set out in Sections 31(d) and (e) cited above. BLM has not issued a valid forms from the U.S. Department of the of the Mineral Lands Leasing Act of lease affecting the lands. Interior and U.S. Department of 1920 (30 U.S.C. 188), and the Bureau of Pamela J. Lewis, Agriculture. All submitted nomination Land Management is proposing to applications become the property of the reinstate lease WYW133637 effective Chief, Branch of Fluid Minerals Adjudication. Department of the Interior, Bureau of October 1, 2007, under the original [FR Doc. E8–5623 Filed 3–19–08; 8:45 am] Land Management, Santa Rosa and San terms and conditions of the lease and BILLING CODE 4310–22–P Jacinto Mountains National Monument, the increased rental and royalty rates and will not be returned. Nomination cited above. BLM has not issued a valid applications are good only for the lease affecting the lands. INTERNATIONAL TRADE current open public call for COMMISSION Pamela J. Lewis, nominations. Chief, Branch of Fluid Minerals Adjudication. [Investigation No. 337–TA–603] Dated: January 10, 2008. [FR Doc. E8–5622 Filed 3–19–08; 8:45 am] John R. Kalish, In the Matter of: Certain DVD Players BILLING CODE 4310–22–P Field Manager, Palm Springs-South Coast and Recorders and Certain Products Field Office, California Desert District, Bureau Containing Same; Notice of a of Land Management. DEPARTMENT OF THE INTERIOR Corrected Limited Exclusion Order Dated: January 10, 2008. AGENCY: U.S. International Trade Bureau of Land Management Laurie Rosenthal, Commission. District Ranger, San Jacinto Ranger District, ACTION: Notice. San Bernardino National Forest, U.S. Forest [WY–923–1310–FI; WYW137035] Service. SUMMARY: Notice is hereby given that [FR Doc. E8–5654 Filed 3–19–08; 8:45 am] Wyoming: Notice of Proposed the U.S. International Trade BILLING CODE 3410–11–P Reinstatement of Terminated Oil and Commission has issued a corrected Gas Lease limited exclusion order in the above- captioned investigation. The corrected DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, Interior. order adds language, inadvertently left Bureau of Land Management out of the previous order, noting that ACTION: Notice of Proposed products of Dongguan GVG Digital [WY–923–1310–FI; WYW133637] Reinstatement of Terminated Oil and Products Ltd. and GVG Digital Gas Lease. Technology Holdings Ltd. (collectively, Wyoming: Notice of Proposed the ‘‘GVG respondents’’) that practice Reinstatement of Terminated Oil and SUMMARY: Under the provisions of 30 the method of claim 16 of the U.S. Gas Lease U.S.C. 188(d) and (e), and 43 CFR Patent No. 5,870,523 (‘‘the ‘523 patent’’) 3108.2–3(a) and (b)(1), the Bureau of AGENCY: are excluded from entry. Bureau of Land Management, Land Management (BLM) received a FOR FURTHER INFORMATION CONTACT: Paul Interior. petition for reinstatement from CBM Gas M. Bartkowski, Office of the General ACTION: Notice of Proposed Company, L.L.C. and Pioneer Oil and Counsel, U.S. International Trade Reinstatement of Terminated Oil and Gas for competitive oil and gas lease Commission, 500 E Street, SW., Gas Lease. WYW137035 for land in Johnson Washington, DC 20436, telephone (202) County, Wyoming. The petition was SUMMARY: Under the provisions of 30 708–5432. Copies of non-confidential filed on time and was accompanied by U.S.C. 188(d) and (e), and 43 CFR documents filed in connection with this all the rentals due since the date the 3108.2–3(a) and (b)(1), the Bureau of investigation are or will be available for lease terminated under the law. Land Management (BLM) received a inspection during official business petition for reinstatement from CBM Gas FOR FURTHER INFORMATION CONTACT: hours (8:45 a.m. to 5:15 p.m.) in the Company, L.L.C. and Pioneer Oil and Bureau of Land Management, Pamela J. Office of the Secretary, U.S. Gas for competitive oil and gas lease Lewis, Chief, Branch of Fluid Minerals International Trade Commission, 500 E WYW133637 for land in Johnson Adjudication, at (307) 775–6176. Street, SW., Washington, DC 20436, County, Wyoming. The petition was SUPPLEMENTARY INFORMATION: The telephone (202) 205–2000. General filed on time and was accompanied by lessees have agreed to the amended information concerning the Commission all the rentals due since the date the lease terms for rentals and royalties at may also be obtained by accessing its lease terminated under the law. rates of $5.00 per acre, or fraction Internet server (http://www.usitc.gov). FOR FURTHER INFORMATION CONTACT: thereof, per year and 162⁄3 percent, The public record for this investigation Bureau of Land Management, Pamela J. respectively. The lessees have paid the may be viewed on the Commission’s Lewis, Chief, Branch of Fluid Minerals required $500 administrative fee and electronic docket (EDIS) at http:// Adjudication, at (307) 775–6176. $163 to reimburse the Department for edis.usitc.gov. Hearing-impaired SUPPLEMENTARY INFORMATION: The the cost of this Federal Register notice. persons are advised that information on lessees have agreed to the amended The lessees have met all the this matter can be obtained by lease terms for rentals and royalties at requirements for reinstatement of the contacting the Commission’s TDD rates of $10.00 per acre, or fraction lease as set out in Sections 31(d) and (e) terminal on (202) 205–1810. thereof, per year and 162⁄3 percent, of the Mineral Lands Leasing Act of SUPPLEMENTARY INFORMATION: This respectively. The lessees have paid the 1920 (30 U.S.C. 188), and the Bureau of investigation was instituted on May 8, required $500 administrative fee and Land Management is proposing to 2007, based on a complaint filed by $163 to reimburse the Department for reinstate lease WYW137035 effective Toshiba Corporation of Tokyo, Japan the cost of this Federal Register notice. September 1, 2007, under the original and Toshiba America Consumer The lessees have met all the terms and conditions of the lease and Products, L.L.C., of Wayne, New Jersey requirements for reinstatement of the the increased rental and royalty rates (collectively, ‘‘Toshiba’’). The

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15005

complaint, as supplemented, alleges INTERNATIONAL TRADE 7,091,904 (‘‘the ’904 patent’’); and violations of section 337 of the Tariff COMMISSION 7,132,980. 72 FR 11378 (Mar. 13, 2007). Act of 1930 (19 U.S.C. **1337) in the The complainant named Global Locate, [Inv. No. 337–TA–596] importation into the United States, the Inc. of San Jose, California (‘‘Global sale for importation, and the sale within In the Matter of: Certain GPS Chips, Locate’’) as respondent. The complaint the United States after importation of Associated Software and Systems, and and notice of investigation were later certain DVD players and recorders and Products Containing Same; Notice of amended to include one additional certain products containing the same by Commission Determination Not To claim of the ’904 patent. Subsequently, reason of infringement of claims 6 and Review ALJ Order No. 36 Granting in the investigation was terminated with 7 of U.S. Patent No. 5,587,991, claims 16 Part Complainant’s Motion for respect to the ’904 patent and certain and 31 of the ‘523 patent, and claim 4 Summary Determination That the other asserted claims of the remaining of U.S. Patent No. 5,956,306. The Importation Requirements of 19 U.S.C. patents. The complaint and notice of complaint named over a dozen 1337 Have Been Met investigation were also amended to add respondents, including the GVG Broadcom, Inc. as a respondent to the respondents. AGENCY: U.S. International Trade investigation. Each respondent has been terminated Commission. On February 1, 2008, complainant from the investigation on the basis of ACTION: Notice. SiRF moved for summary determination settlement, consent order, or, in the case that the importation requirements of 19 of the GVG respondents, default. SUMMARY: Notice is hereby given that U.S.C. 1337(a)(1)(B) have been met. On Because the GVG respondents were the U.S. International Trade February 15, 2008, Global Locate found in default, and thus subject to a Commission has determined not to opposed SiRF’s motion, and the limited exclusion order under section review an initial determination (‘‘ID’’) Commission investigative attorney 337(g)(1), 19 U.S.C. 1337(g)(1), the (Order No. 36) of the presiding supported SiRF’s motion in part. Commission requested briefing from administrative law judge (‘‘ALJ’’) On February 26, 2008, the ALJ issued interested parties on remedy, the public granting in part complainant’s motion the subject ID granting complainant’s interest, and bonding on December 17, for summary determination that the motion in part. No party petitioned for 2007. importation requirements of 19 U.S.C. review of the ID, and the Commission On February 15, 2008, the 1337(a)(1)(B) have been met in the has determined not to review the ID. Commission issued a limited exclusion above-captioned investigation. The authority for the Commission’s order prohibiting the unlicensed entry FOR FURTHER INFORMATION CONTACT: Eric determination is contained in section of certain DVD players and recorders Frahm, Office of the General Counsel, 337 of the Tariff Act of 1930, as and products containing same by reason U.S. International Trade Commission, amended (19 U.S.C. 1337), and in of infringement of claims 6 and 7 of U.S. 500 E Street, SW., Washington, DC section 210.42(h) of the Commission’s Patent No. 5,587,991, claim 31 of the 20436, telephone 202–205–3152. Copies Rules of Practice and Procedure (19 CFR ‘523 patent, and claim 4 of U.S. Patent of the ID and all other nonconfidential 210.42(h)). No. 5,956,306, and that are documents filed in connection with this manufactured abroad by or on behalf of, By order of the Commission. investigation are or will be available for Issued: March 13, 2008. or imported by or on behalf of, the GVG inspection during official business Marilyn R. Abbott, respondents. The Commission’s order hours (8:45 a.m. to 5:15 p.m.) in the was delivered to the President and the Office of the Secretary, U.S. Secretary to the Commission. United States Trade Representative on International Trade Commission, 500 E. [FR Doc. E8–5613 Filed 3–19–08; 8:45 am] the day of its issuance. Street, SW., Washington, DC 20436, BILLING CODE 7020–02–P Under section 337(g)(1), 19 U.S.C. telephone 202–205–2000. Hearing- 1337 (g)(1), in the case of a defaulting impaired persons are advised that respondent, the Commission presumes information on this matter can be INTERNATIONAL TRADE facts alleged in the complaint to be true. obtained by contacting the COMMISSION Accordingly, method claim 16 of the Commission’s TDD terminal on 202– ‘523 patent should have been included 205–1810. General information [Investigation No. 337–TA–598] in the limited exclusion order. The concerning the Commission may also be inclusion of method claim 16 will not obtained by accessing its Internet server In the Matter of Certain Unified broaden the scope of products covered (http://www.usitc.gov). The public Communications Systems, Products by the exclusion order. Rather, it will record for this investigation may be Used With Such Systems, and merely provide an additional basis for viewed on the Commission’s electronic Components Thereof; Notice of exclusion of the products already docket (EDIS) at: http://edis.usitc.gov. Commission Decision To Review-In- covered by the order. Part a Final Initial Determination SUPPLEMENTARY INFORMATION: The authority for the Commission’s On March Finding a Violation of Section 337 determination is contained in section 13, 2007, the Commission instituted an 337 of the Tariff Act of 1930, as investigation under section 337 of the AGENCY: U.S. International Trade amended (19 U.S.C. 1337), and Tariff Act of 1930, 19 U.S.C. 1337, based Commission. § 210.16(c) of the Commission’s Rules of on a complaint filed by SiRF ACTION: Notice. Practice and Procedure (19 CFR Technology, Inc. of San Jose, California 210.16(c)). (‘‘SiRF’’), alleging a violation of section SUMMARY: Notice is hereby given that 337 in the importation, sale for the U.S. International Trade By order of the Commission. importation, and sale within the United Commission has determined to review- Issued: March 14, 2008. States after importation of certain GPS in-part a final initial determination Marilyn R. Abbott, chips, associated software and systems, (‘‘ID’’) of the presiding administrative Secretary to the Commission. and products containing same by reason law judge (‘‘ALJ’’) finding a violation of [FR Doc. E8–5609 Filed 3–19–08; 8:45 am] of infringement of certain claims of U.S. section 337 in the above-captioned BILLING CODE 7020–02–P Patent Nos. 6,304,216; 7,043,363; investigation.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15006 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

FOR FURTHER INFORMATION CONTACT: 2007, respectively, the Commission (3) Whether the PBX and telecommute Clint Gerdine, Esq., Office of the determined not to review IDs, issued by server of the ‘114 patent, functioning General Counsel, U.S. International the presiding ALJ, granting Microsoft’s together, can be considered to disclose Trade Commission, 500 E Street, SW., motion to terminate the investigation in the ‘‘network access port’’ and Washington, DC 20436, telephone (202) part based on Microsoft’s withdrawal of ‘‘controller’’ limitations of claim 1 of the 708–5468. Copies of non-confidential certain claims and granting ALE’s ‘439 patent to anticipate this claim; documents filed in connection with this motion to amend the complaint. (4) To what extent, if any, does investigation are or will be available for On January 28, 2008, the ALJ issued anticipation of claims 1 and 28 of the inspection during official business his final ID and recommended ‘439 patent depend on a finding that the hours (8:45 a.m. to 5:15 p.m.) in the determinations on remedy and bonding. claim limitations are inherently Office of the Secretary, U.S. The ALJ found a violation of section 337 disclosed by the ‘114 and ‘789 patents; International Trade Commission, 500 E based on his findings that the and Street, SW., Washington, DC 20436, respondent’s accused products infringe (5) Please comment on Microsoft’s telephone (202) 205–2000. General one or more of the asserted claims of the argument that the ALJ, when construing information concerning the Commission patents at issue. On February 11, 2008, the term ‘‘current activity’’ to mean may also be obtained by accessing its all parties, including the IA, filed ‘‘either the status of the user or Internet server at http://www.usitc.gov. petitions for review of the final ID. On subscriber at the present time or the The public record for this investigation February 19, 2008, all parties filed most recent status of a user or may be viewed on the Commission’s responses to the petitions for review. subscriber,’’ did so in a manner electronic docket (EDIS) at http:// Upon considering the parties’ filings, inconsistent with Federal Circuit edis.usitc.gov. Hearing-impaired the Commission has determined to precedent. Complainant Microsoft’s persons are advised that information on review-in-part the ID. Specifically, with Contingent Petition for Review at 9. In this matter can be obtained by respect to the ‘439 patent, the addressing this argument, please address Free Motion Fitness, Inc. v. contacting the Commission’s TDD Commission has determined to review: Cybex Int’l, Inc., 423 F.3d 1343 (Fed. terminal on (202) 205–1810. (1) The ALJ’s construction of the claim Cir. 2005) (‘‘[u]nder Phillips, the rule term ‘‘current activity of subscribers on SUPPLEMENTARY INFORMATION: The that ‘a court will give a claim term the the computer network’’; (2) the ALJ’s Commission instituted this investigation full range of its ordinary meaning,’ determination that ALE’s OXE system on March 26, 2007, based on a * * * does not mean that the term will directly and indirectly infringes the ‘439 complaint filed by Microsoft presumptively receive its broadest patent; (3) the ALJ’s determination that Corporation (‘‘Microsoft’’) of Redmond, dictionary definition or the aggregate of ALE’s OXO system does not infringe the Washington. 72 FR 14138–9. The multiple dictionary definitions * * *’’)) ‘439 patent; (4) the ALJ’s determination complaint, as amended and and Impax Labs, Inc. v. Aventis Pharms, supplemented, alleges violations of that claims 1 and 28 of the ‘439 patent Inc. 468 F.3d 1368, 1374 (Fed. Cir. 2006) section 337 of the Tariff Act of 1930, as are not invalid in view of U.S. Patent (‘‘claim is unpatentable under the amended, 19 U.S.C. 1337, in the No. 6,041,114 (‘‘the ‘114 patent’’) or U.S. preponderance of evidence, burden-of- importation into the United States, the Patent No. 5,652,789 (‘‘the ‘789 patent’’); proof standard, giving each term its sale for importation, and the sale within (5) the ALJ’s determination that claim broadest reasonable construction the United States after importation of 38 of the ‘439 patent is invalid in view consistent with the specification’’). certain unified communications of the ‘114 patent; and (6) the ALJ’s In addressing these issues, the parties systems, products used with such determination that claim 38 is not are requested to make specific reference systems, and components thereof by invalid in view of the ‘789 patent. The to the evidentiary record and to cite reason of infringement of certain claims Commission has determined not to relevant authority. of U.S. Patent Nos. 6,421,439 (‘‘the ‘439 review the remainder of the ID, or ALJ In connection with the final patent’’); 6,430,289; 6,263,064 (‘‘the ‘064 Order No. 14 for which review was also disposition of this investigation, the patent’’); and 6,728,357. The complaint sought. Commission may issue an order that further alleges the existence of a On review, with respect to violation, results in the exclusion of the subject domestic industry. The Commission’s the parties are requested to submit articles from entry into the United notice of investigation named Alcatel- briefing limited to the following issues: States. Accordingly, the Commission is Lucent (‘‘ALE’’) of Paris, France as the (1) The ALJ’s finding that the ‘‘current interested in receiving written only respondent. activity of the user on the computer submissions that address the form of On April 20, 2007, Microsoft moved network’’ as found in the ‘439 patent remedy, if any, that should be ordered. to amend the complaint to: (1) ‘‘can consist of both user-selected If a party seeks exclusion of an article Substitute Alcatel Business Systems for indicators based on user activity (e.g., from entry into the United States for Alcatel-Lucent as respondent in this ‘conditional processing’ as per the ‘439 purposes other than entry for investigation, and (2) add allegations of specification) and the transfer of data consumption, the party should so infringement of claims 8, 28, 38, and 48 between the computer and telephone indicate and provide information of the ‘439 patent, and claim 20 of the networks while the user is engaged in a establishing that activities involving ‘064 patent. Respondent and the VoIP phone call’’ (ID at 47), and the other types of entry either are adversely Commission investigative attorney implications of this finding for the affecting it or likely to do so. For (‘‘IA’’) did not oppose the motion. infringement and invalidity analyses; background, see In the Matter of Certain On May 17 and September 20, 2007, (2) What is the exact demarcation Devices for Connecting Computers via respectively, the Commission between the ‘439 patent claim terms Telephone Lines, Inv. No. 337–TA–360, determined not to review IDs, issued by ‘‘telephone network’’ and ‘‘computer USITC Pub. No. 2843 (December 1994) the presiding ALJ, granting Microsoft’s network’’ as it relates to claim (Commission Opinion). motions to amend the complaint and to construction, invalidity using the ‘114 When the Commission contemplates terminate the investigation in part based and ‘789 patents, and the infringement some form of remedy, it must consider on Microsoft’s withdrawal of certain analysis for a Voice-over-IP (VoIP) the effects of that remedy upon the claims. On October 23 and October 26, communication system; public interest. The factors the

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15007

Commission will consider include the during the proceedings. All such Box 7611, U.S. Department of Justice, effect that an exclusion order and/or requests should be directed to the Washington, DC 20044–7611, and cease and desist orders would have on Secretary of the Commission and must should refer to In re W.R. Grace & Co., (1) The public health and welfare, (2) include a full statement of the reasons Case No. 01–01139 (JFK), and D.J. Ref. competitive conditions in the U.S. why the Commission should grant such No. 90–11–2–07106/5. economy, (3) U.S. production of articles treatment. See 19 CFR 210.6. Documents During the public comment period, that are like or directly competitive with for which confidential treatment by the the settlement agreement may be those that are subject to investigation, Commission is sought will be treated examined on the following Department and (4) U.S. consumers. The accordingly. All nonconfidential written of Justice Web site, http:// Commission is therefore interested in submissions will be available for public www.usdoj.gov/enrd/ receiving written submissions that inspection at the Office of the Secretary. Consent_Decrees.html. A copy of the address the aforementioned public The authority for the Commission’s settlement agreement may also be interest factors in the context of this determination is contained in section obtained by mail from the Consent investigation. 337 of the Tariff Act of 1930, as Decree Library, P.O. Box 7611, U.S. When the Commission orders some amended, 19 U.S.C. 1337, and in Department of Justice, Washington, DC form of remedy, the U.S. Trade sections 210.42–46 of the Commission’s 20044–7611 or by faxing or e-mailing a Representative, as delegated by the Rules of Practice and Procedure, 19 CFR request to Tonia Fleetwood President, has 60 days to approve or 210.42–46. ([email protected]), fax no. disapprove the Commission’s action. (202) 514–0097, phone confirmation See Presidential Memorandum of July Issued: March 14, 2008. number (202) 514–1547. In requesting a 21, 2005, 70 FR 43251 (July 26, 2005). By order of the Commission. copy from the Consent Decree Library, During this period, the subject articles Marilyn R. Abbott, please enclose a check in the amount of would be entitled to enter the United Secretary to the Commission. $10.00 ($.25 per page) payable to the States under bond, in an amount [FR Doc. E8–5608 Filed 3–19–08; 8:45 am] U.S. Treasury or, if by e-mail or fax, determined by the Commission and BILLING CODE 7020–02–P forward a check in that amount to the prescribed by the Secretary of the Consent Decree Library at the stated Treasury. The Commission is therefore address. interested in receiving submissions DEPARTMENT OF JUSTICE Robert D. Brook, concerning the amount of the bond that should be imposed if a remedy is Notice of Lodging of Settlement Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources ordered. Agreement Pursuant to the Division. Written Submissions: The written Comprehensive Environmental [FR Doc. E8–5606 Filed 3–19–08; 8:45 am] submissions mentioned above should be Response, Compensation and Liability concise and thoroughly referenced to Act BILLING CODE 4410–CW–P the record in this investigation. Also, parties to the investigation, interested Notice is hereby given that on March government agencies, and any other 14, 2008 a proposed settlement MORRIS K. UDALL SCHOLARSHIP interested parties are encouraged to file agreement in In re W.R. Grace & Co., AND EXCELLENCE IN NATIONAL written submissions on the issues of Case No. 01–01139 (JFK), was lodged ENVIRONMENTAL POLICY remedy, the public interest, and with the United States Bankruptcy FOUNDATION bonding, and such submissions should Court for the District of Delaware. The The United States Institute for address the recommended proposed Settlement Agreement would Environmental Conflict Resolution; determination by the ALJ on remedy resolve the United States’ proofs of Agency Information Collection and bonding. The complainant and the claim filed in W.R. Grace & Co.’s Activities: Proposed Collection; Commission investigative attorney are bankruptcy proceeding for Comment Request: See List of also requested to submit proposed environmental response costs at the Evaluation Related ICRs Planned for remedial orders for the Commission’s Curtis Bay Site near Baltimore, Submission to OMB in Section A consideration. Complainants are also Maryland pursuant to section 107 of the requested to state the dates that the Comprehensive Environmental AGENCY: Morris K. Udall Scholarship patents at issue expire and the HTSUS Response, Compensation and Liability and Excellence in National numbers under which the accused Act (CERCLA), 42 U.S.C. 9607. Environmental Policy Foundation, U.S. products are imported. All of the Under the terms of the Settlement Institute for Environmental Conflict written submissions and proposed Agreement, W.R. Grace & Co. will Resolution. remedial orders must be filed no later implement a cleanup action at the ACTION: Notice. than close of business on March 24, Curtis Bay Site selected by the United 2008. Reply submissions must be filed States Army Corps of Engineers. The SUMMARY: In compliance with the no later than the close of business on Settlement Agreement also allocates Paperwork Reduction Act (44 U.S.C. March 31. No further submissions on financial responsibility for the cleanup 3501 et seq.), this document announces these issues will be permitted unless between the United States and Debtors. that the U.S. Institute for Environmental otherwise ordered by the Commission. The Department of Justice will Conflict Resolution (the U.S. Institute), Persons filing written submissions receive, for a period of thirty (30) days part of the Morris K. Udall Foundation, must file the original document and 12 from the date of this publication, is planning to submit seven Information true copies thereof on or before the comments relating to the proposed Collection Requests (ICRs) to the Office deadlines stated above with the Office settlement agreement. Comments should of Management and Budget (OMB). Six of the Secretary. Any person desiring to be addressed to the Assistant Attorney of the seven ICRs are for revisions to submit a document to the Commission General for the Environment and currently approved collections due to in confidence must request confidential Natural Resources Division, and either expire 06/30/2008 (OMB control treatment unless the information has e-mailed to pubcomment- numbers 3320–0003, 3320–0004, 3320– already been granted such treatment [email protected] or mailed to P.O. 2005, 3320–0006, 3320–0007, and 3320–

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15008 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

0009). One ICR pertains to a new generation, analysis and use of this concerning use of automated collection collection request. The seven ICRs are much-needed information, with an techniques or other forms of information being consolidated under a single filing emphasis on performance measurement, technology (e.g., allowing electronic to provide a more coherent picture of learning and improvement. submission of responses). information collection activities As part of the program evaluation Section A. Information on Individual designed primarily to measure system, the U.S. Institute intends to ICRs: performance. The proposed collections collect specific information from 1. Conflict Assessment Services are necessary to support program participants in, and users of, several of Type of Information Collection: evaluation activities. The collection is its programs and services. Specifically, Revision of a currently approved expected neither to have a significant seven programs and services are the collection. economic impact on respondents, nor to subject of this Federal Notice: (1) Title of Information Collection: affect a substantial number of small Conflict assessment services; (2) ECR Program Evaluation Instruments for entities. and collaborative problem solving Conflict Assessment Services. Before submitting the ICRs to OMB for mediation services; (3) ECR and OMB Number: 3320–0003. review and approval, the U.S. Institute collaborative problem solving Affected Public: Individuals or is soliciting comments on specific facilitation services; (4) training households, Business or other for-profit, aspects of the proposed information services; (5) facilitated meeting services; Not-for-profit, Federal and State, Local collection as described at the beginning (6) roster program services; and (7) or Tribal Government. of the section labeled SUPPLEMENTARY program support and services. Frequency: One time. INFORMATION. Evaluations will mainly involve Annual Number of Respondents: 455. Supporting statements for the administering questionnaires to process Total Annual Responses: 45. proposed paperwork collections can be participants and professionals, as well Average Burden per Response: 6 downloaded from the Institute’s Web as members and users of the National minutes. site http://www.ecr.gov/ Roster. Responses by members of the Total Annual Hours: 45.50. ecr.asp?link=557. Paper copies can be public to the Institute’s request for Total Burden Cost: $2,047.50. obtained by contacting Patricia Orr, information (i.e., questionnaires) will be 2. ECR and Collaborative Problem Program Manager for Evaluation, U.S. voluntary. Solving Mediation Services Institute for Environmental Conflict In 2003, the U.S. Environmental Type of Information Collection: Resolution, 130 South Scott Avenue, Protection Agency, Conflict Prevention Revision of a currently approved Tucson, Arizona 85701, Fax: 520–670– and Resolution Center (CPRC) was collection. 5530, Phone: 520–901–8548, E-mail: granted the approval of the Office of Title of Information Collection: [email protected]. Management and Budget (OMB) to act Program Evaluation Instruments for ECR as a named administrator of the U.S. and Collaborative Problem Solving DATES: Comments must be submitted on Institute’s currently approved Mediation Services. or before May 19, 2008. information collections for evaluation. OMB Number: 3320–0004. ADDRESSES: Submit your comments, The CPRC and the U.S. Institute will Affected Public: Individuals or referencing this Federal Register Notice, seek approval as part of this proposed households, Business or other for-profit, by e-mail to [email protected], or by fax to collection to continue this evaluation Not-for-profit, Federal and State, Local 520–670–5530, or by mail to the partnership. The U.S. Institute will also or Tribal Government. attention of Patricia Orr, Program request similar status for the Frequency: One time. Manager for Evaluation, U.S. Institute Department of Interior, Office of Annual Number of Respondents: for Environmental Conflict Resolution, Collaborative Action and Dispute 2,250. 130 South Scott Avenue, Tucson, Resolution (CADR). Given that other Total Annual Responses: 2,250. Arizona 85701. agencies have approached the U.S. Average Burden per Response: 20 SUPPLEMENTARY INFORMATION: Institute seeking (a) evaluation services minutes. Overview and (b) assistance in establishing their Total Annual Hours: 761.50. own internal evaluation systems, the Total Burden Cost: $34,267.50. To comply with the Government U.S. Institute will also request OMB 3. ECR and Collaborative Problem Performance and Results Act (GPRA) approval to continue to administer the Solving Facilitation Services (Pub. L. 103–62), the U.S. Institute for evaluation questionnaires on behalf of Type of Information Collection: New Environmental Conflict Resolution, as other agencies. The burden estimates in Collection. part of the Morris K. Udall Foundation, the ICRs take into consideration the Title of Information Collection: is required to produce, each year, an multi-agency usage of the evaluation Program Evaluation Instruments for ECR Annual Performance Budget and an instruments. and Collaborative Problem Solving Annual Performance and Accountability Facilitation Services. Report, linked directly to the goals and Key Issues OMB Number: Proposed New objectives outlined in the Institute’s The U.S. Institute would appreciate Collection. five-year Strategic Plan. The U.S. receiving comments that can be used to: Affected Public: Individuals or Institute’s evaluation system is key to i. Evaluate whether the proposed households, Business or other for-profit, evaluating progress towards achieving collection of information is necessary Not-for-profit, Federal and State, Local its performance commitments. The U.S. for the proper performance of the U.S. or Tribal Government. Institute is committed to evaluating all Institute, including whether the Frequency: One time. of its projects, programs and services information will have practical utility; Annual Number of Respondents: not only to measure and report on ii. Enhance the quality, utility, and 2,250. performance but also to use this clarity of the information to be Total Annual Responses: 2,250. information to learn from and improve collected; Average Burden per Response: 20 its services. The refined evaluation iii. Minimize the burden of the minutes. system has been carefully designed to information collection on those who are Total Annual Hours: 761.50. support efficient and economical to respond, including suggestions Total Burden Cost: $34,267.50.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15009

4. Training Services Frequency: One time. Preservation Act, in lieu of the Type of Information Collection: Annual Number of Respondents: 60. procedures set for in 36 CFR 800.3 Revision of a currently approved Total Annual Responses: 60. through 800.6. In accordance with 10 collection. Average Burden per Response: 6. CFR 51.45 and 51.50, Duke submitted Title of Information Collection: Total Annual Hours: 6. the ER as part of the application. The ER Program Evaluation Instruments for Total Burden Cost: $270. was prepared pursuant to 10 CFR parts Training Services. (Authority: 20 U.S.C. 5601–5609) 51 and 52 and is available for public OMB Number: 3320–0006. Dated: March 13, 2008. inspection at the NRC Public Document Affected Public: Individuals or Ellen Wheeler, Room (PDR), located at One White Flint households, Business or other for-profit, Executive Director, Morris K. Udall North, 11555 Rockville Pike (first floor), Not-for-profit, Federal and State, Local Foundation. Rockville, Maryland or from the or Tribal Government. [FR Doc. E8–5631 Filed 3–19–08; 8:45 am] Publicly Available Records component Frequency: One time. of the NRC’s Agencywide Documents BILLING CODE 6820–FN–P Annual Number of Respondents: Access and Management System 1,950. (ADAMS). ADAMS is accessible at Total Annual Responses: 1,950. http://www.nrc.gov/reading-rm/ NUCLEAR REGULATORY Average Burden per Response: 6 adams.html, which provides access COMMISSION minutes. through the NRC’s Electronic Reading Total Annual Hours: 195. [Docket Nos.: 52–018 and 52–019] Room (ERR) link. The ADAMS Total Burden Cost: $8,775. Accession Number for the application 5. Facilitated Meeting Services Duke Energy Carolina, LLC (Duke); dated December 12, 2007 is Type of Information Collection: William States Lee III Combined ML073510876. The ADAMS Accession Revision of a Currently Approved License Application; Notice of Intent Number for supplemental information Collection. To Prepare an Environmental Impact related to the ER, submitted by letter Title of Information Collection: Statement and Conduct Scoping dated January 28, 2008, is Program Evaluation Instruments for Process ML080350324. Persons who do not have Facilitated Meeting Services. Duke Energy Carolinas, LLC (Duke) access to ADAMS or who encounter OMB Number: 3320–0007. problems in accessing the documents Affected Public: Individuals or has submitted an application for a combined license (COL) for its William located in ADAMS should contact the households, Business or other for-profit, NRC’s PDR Reference staff at 1–800– Not-for-profit, Federal and State, Local States Lee III Nuclear Station (Lee) Site to build Units 1 & 2, located in the 397–4209 or 301–415–4737 or by or Tribal Government. sending an e-mail to [email protected]. The Frequency: One time. eastern portion of Cherokee County in north central South Carolina, application may also be viewed on the Annual Number of Respondents: Internet at http://www.nrc.gov/reactors/ 3,150. approximately 7.5 miles southeast of Gaffney, South Carolina. The new-licensing/col/lee.html. Total Annual Responses: 3,150. In addition, the Cherokee County Average Burden per Response: 6 application for the COL was submitted Public Library, 300 E. Rutledge Avenue, minutes. by letter dated December 12, 2007, Gaffney, SC 29340 has agreed to make Total Annual Hours: 315. pursuant to the requirements of Title 10 the ER available for public inspection. Total Burden Cost: $14,175. of the Code of Federal Regulations part The following key reference 6. Roster Program Services 52 (10 CFR part 52). A notice of receipt Type of Information Collection: and availability of the application, documents related to the COL Revision of a currently approved including the environmental report application and the NRC staff’s review collection. (ER), was published in the Federal process are available through the NRC’s Title of Information Collection: Register on February 1, 2008 (73 FR Web site at http://www.nrc.gov: Program Evaluation Instruments for 6218). A notice of acceptance for a. 10 CFR part 51, Environmental Roster Program Services. docketing of the application for the COL Protection Regulations for Domestic OMB Number: 3320–0005. was published in the Federal Register Licensing and Related Regulatory Affected Public: Business or other for- on February 29, 2008 (73 FR 11156). A Functions, profit, not-for-profit, Federal and State, notice of hearing and opportunity to b. 10 CFR part 52, Licenses, Local or Tribal Government. petition for leave to intervene will be Certifications, and Approvals for Frequency: One time. published in the Federal Register at a Nuclear Power Plants, Annual Number of Respondents: 600. later date. The purpose of this notice is c. 10 CFR part 100, Reactor Site Total Annual Responses: 600. to inform the public that the U.S. Criteria, Average Burden per Response: 5 Nuclear Regulatory Commission (NRC) d. NUREG–1555, Standard Review minutes. will be preparing an environmental Plans for Environmental Reviews for Total Annual Hours: 50. impact statement (EIS) in support of the Nuclear Power Plants, Total Burden Cost: $2,250. review of the COL application and to e. NUREG/BR–0298, Brochure on 7. Program Support Services provide the public an opportunity to Nuclear Power Plant Licensing Process, Type of Information Collection: participate in the environmental f. Fact Sheet on Nuclear Power Plant Revision of a currently approved scoping process, as defined in 10 CFR Licensing Process, collection. 51.29. g. Regulatory Guide 4.2, Preparation Title of Information Collection: In addition, as outlined in 36 CFR of Environmental Reports for Nuclear Program Evaluation Instruments for 800.8(c), ‘‘Coordination with the Power Stations, Program Support Services. National Environmental Policy Act,’’ the h. Regulatory Guide 1.206, Combined OMB Number: 3320–0009. NRC staff intends to use the process and License Applications for Nuclear Power Affected Public: Business or other for- documentation required for the Plants, and profit, not-for-profit, Federal and State, preparation of an EIS to comply with i. NRR Office Instruction LIC–203, Local or Tribal Government. Section 106 of the National Historic Procedural Guidance for Preparing

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15010 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

Environmental Assessments and i. Describe how the EIS will be depending on the number of persons Considering Environmental Issues. prepared and include any contractor who register. Members of the public The regulations, NUREG-series assistance to be used. who have not registered may also have documents, regulatory guides, and fact The NRC invites the following entities an opportunity to speak, if time permits. sheets can be found under Document to participate in the scoping process: Public comments will be considered in Collections in the Electronic Reading a. The applicant, Duke Energy the scoping process for the EIS. Ms. Room on the NRC web page. Finally, Carolinas, LLC; Linda M. Tello will need to be contacted Office Instruction LIC–203 can be found b. Any Federal agency that has no later than April 18, 2008, if special in ADAMS in two parts under jurisdiction by law or special expertise equipment or accommodations are Accession Numbers ML011710073 with respect to any environmental needed to attend or present information (main text) and ML011780314 (charts impact involved or that is authorized to at the public meeting, so that the NRC and figures). develop and enforce relevant staff can determine whether the request environmental standards; can be accommodated. This notice advises the public that the c. Affected State and local Members of the public may send NRC intends to gather the information government agencies, including those written comments on the environmental necessary to prepare an EIS in support authorized to develop and enforce scope of the Duke COL review to the of the review of the application for the relevant environmental standards; COL at the Duke COL Site. Possible d. Any affected Indian tribe; Chief, Rulemaking, Directives, and alternatives to the proposed action e. Any person who requests or has Editing Branch, Division of (issuance of the COL at the Duke COL requested an opportunity to participate Administrative Services, Office of Site) include no action and in the scoping process; and Administration, Mailstop T–6D59, U.S. consideration of alternative sites. f. Any person who intends to petition Nuclear Regulatory Commission, The NRC is required by 10 CFR for leave to intervene. Washington, DC 20555–0001 and 51.20(b)(2) to prepare an EIS in In accordance with 10 CFR 51.26, the should cite the publication date and connection with the issuance of a COL. scoping process for an EIS may include page number of this Federal Register This notice is being published in a public scoping meeting to help notice. Comments may also be delivered accordance with NEPA and NRC identify significant issues related to a to Room T–6D59, Two White Flint regulations found in 10 CFR Part 51. proposed activity and to determine the North, 11545 Rockville Pike, Rockville, The NRC will first conduct a scoping scope of issues to be addressed in an Maryland from 7:30 a.m. to 4:15 p.m., process for the EIS and, as soon as EIS. The NRC will hold one public during Federal workdays. practicable thereafter, will prepare a scoping meeting for the EIS regarding To be considered in the scoping draft EIS for public comment. the Duke COL application. The scoping process, comments should be received Participation in the scoping process by meeting is scheduled for Thursday, May by the end of the scoping comment members of the public and local, State, 1, 2008, at the Gaffney High School period, which is May 20, 2008. Written Tribal, and Federal government agencies Auditorium, 149 Twin Lake Road, comments should be postmarked by is encouraged. The scoping process for Gaffney, South Carolina. The meeting May 20, 2008. Electronic comments may the EIS will be used to accomplish the will convene at 7 p.m. and will continue be sent via the Internet to the NRC at following: until 10 p.m. The meeting will be [email protected]. Submissions a. Define the proposed action which transcribed and will include: (1) An should be sent no later than May 20, is to be the subject of the EIS; overview by the NRC staff of the NEPA 2008, to be considered in the scoping process. Comments will be available in b. Determine the scope of the EIS and environmental review process, the the scoping summary report identify the significant issues to be proposed scope of the EIS, the proposed electronically and accessible through analyzed in depth; review schedule, and (2) the opportunity for interested government the NRC’s ERR link at http:// c. Identify and eliminate from agencies, organizations, and individuals www.nrc.gov/reading-rm/adams.html. detailed study those issues that are to submit comments or suggestions on Participation in the scoping process peripheral or that are not significant; the environmental issues or the for the EIS does not entitle participants d. Identify any environmental proposed scope of the EIS. Additionally, to become parties to the proceeding to assessments and other EISs that are the NRC staff will host informal which the EIS relates. being or will be prepared that are discussions from 5 p.m. to 7 p.m. before At the conclusion of the scoping related to, but are not part of the scope the start of the meeting at the Gaffney process, the NRC staff will prepare a of the EIS being considered; High School. No formal comments on concise summary of the determination e. Identify other environmental the proposed scope of the EIS will be and conclusions reached including the review and consultation requirements accepted during the informal significant issues identified and will related to the proposed action; discussions. To be considered, make it publicly available. The f. Identify parties consulting with the comments must be provided either at summary will also be available for NRC under the National Historic the transcribed public meeting or in inspection through the NRC’s ERR link. Preservation Act, as set forth in 36 CFR writing, as discussed below. Persons The staff will then prepare and issue for 800.8(c)(1)(i); may register to attend or present oral comment the draft EIS which will be the g. Indicate the relationship between comments at the meeting on the scope subject of separate notices and a the timing of the preparation of the of the NEPA review by contacting Ms. separate public meeting. A copy of the environmental analysis and the Linda M. Tello at 1–800–368–5642, draft EIS will be available for public Commission’s tentative planning and extension 2907 or by email to the NRC inspection at the above-mentioned decision-making schedule; at [email protected], no later than address and one copy per request will h. Identify any cooperating agencies April 18, 2008. Members of the public be provided free of charge. After receipt and as appropriate, allocate assignments may also register to speak at the meeting and consideration of the comments, the for preparation and schedules for within 15 minutes of the start of the NRC staff will prepare a final EIS completing the EIS to the NRC and any meeting. Individual oral comments may (which will also be available for public cooperating agencies; and be limited by the time available, inspection).

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15011

Information about the proposed EIS NUCLEAR REGULATORY licensee to delay the submittal of the and the scoping process may be COMMISSION updated FSAR for the Diablo Canyon ISFSI by up to approximately 100 days obtained from Ms. Linda M. Tello, [Docket No. 72–26] Environmental Project Manager at (301) (no later than July 1, 2008, or 30 days 415–2907 or by email at [email protected]. Notice of Availability of Environmental prior to the commencement of onsite dry-run testing activities, whichever Dated at Rockville, Maryland, this 14th day Assessment and Final Finding of No Significant Impact for an Exemption to comes first). of March 2008. The proposed action before the For the Nuclear Regulatory Commission. the Requirements of 10 CFR 72.70(c)(6) for the Diablo Canyon Independent Commission is whether to grant this exemption pursuant to 10 CFR 72.7. John R. Tappert, Spent Fuel Storage Installation Acting Deputy Director, Division of Site and Need for the Proposed Action Environmental Reviews, Office of New AGENCY: Nuclear Regulatory Reactors. Commission. The NRC granted a license to [FR Doc. E8–5644 Filed 3–19–08; 8:45 am] ACTION: Issuance of Environmental construct and operate the Diablo Canyon ISFSI to PG&E on March 22, BILLING CODE 7590–01–P Assessment and Final Finding of No Significant Impact for Exemption. 2004. PG&E has constructed the facility and plans to commence operation in the summer of 2008. The exemption would NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: allow the licensee additional time to COMMISSION James R. Hall, Senior Project Manager, Licensing Branch, Division of Spent submit an updated FSAR beyond March Fuel Storage and Transportation, Mail 22, 2008, which is 24 months from the [Docket No. 50–271–LR; ASLBP No. 06– Stop EBB–3D–02M, U.S. Nuclear date of the last required update. In its 849–03–LR] Regulatory Commission, Washington, justification for the exemption request, PG&E stated that it is currently Entergy Nuclear Vermont Yankee, DC 20555–0001. Telephone: (301) 492– 3319; e-mail: [email protected]. completing certain design changes to L.L.C., and Entergy Nuclear the facility that will impact the SUPPLEMENTARY INFORMATION: Operations, INC. (Vermont Yankee information in the FSAR, and that these Nuclear Power Station); Notice of I. Introduction changes will be reflected in the FSAR Reconstitution The U.S. Nuclear Regulatory update, after the required evaluations Commission (NRC) is considering are finalized. Further, if the exemption Pursuant to 10 CFR 2.321(b), the issuance of an exemption, pursuant to is granted, the extra time provided will Atomic Safety and Licensing Board in be sufficient to ensure that the updated 10 CFR 72.7, from the provisions of 10 the above captioned Entergy Nuclear FSAR will contain current and accurate CFR 72.70 to the Pacific Gas and information related to the ISFSI design, Vermont Yankee, L.L.C., and Entergy Electric Company (PG&E, or the analysis and operation, in time for Nuclear Operations, Inc. proceeding is licensee). This regulation requires that planned NRC inspection activities. In hereby reconstituted by appointing each specific licensee under 10 CFR part order to ensure that the information in Administrative Judge William H. Reed 72 shall update periodically the final the updated FSAR contains the latest in place of Administrative Judge safety analysis report (FSAR) to assure information developed and is of the Thomas S. Elleman, whose that the information included in the greatest value to its users, the licensee circumstances have rendered him report contains the latest information has requested the subject exemption. unavailable to participate further in this developed. 10 CFR 72.70(c)(6) requires proceeding (10 CFR 2.313(c)). that updates shall be filed every 24 Environmental Impacts of the Proposed In accordance with 10 CFR 2.302, months from the date of issuance of the Action henceforth all correspondence, license. The NRC staff previously evaluated documents, and other material relating The NRC granted a license for the the environmental impacts resulting to any matter in this proceeding over Diablo Canyon Independent Spent Fuel from the construction, operation and which this Licensing Board has Storage Installation (ISFSI), to be decommissioning of the Diablo Canyon located on the site of the Diablo Canyon jurisdiction should be e-mailed to ISFSI, and determined that such Power Plant, to PG&E on March 22, Administrative Judge Reed at impacts would be acceptably small. The 2004. The requested exemption would [email protected] and served staff’s conclusions are documented in allow PG&E to submit an updated FSAR on him as follows: Administrative Judge the ‘‘Environmental Assessment and for the Diablo Canyon ISFSI no later Finding of No Significant Impact William H. Reed,1819 Edgewood Lane, than July 1, 2008, or no later than 30 Charlottesville, VA 22902. Related to the Construction and days prior to the commencement of Operation of the Diablo Canyon Issued at Rockville, Maryland, this 14th onsite dry-run testing activities, Independent Spent Fuel Storage day of March 2008. whichever occurs first. PG&E submitted Installation,’’ issued on October 24, E. Roy Hawkens, the exemption request on January 22, 2003 (October 24, 2003 EA); and in the Chief Administrative Judge, Atomic Safety 2008. ‘‘Supplement to the Environmental and Licensing Board Panel. II. Environmental Assessment Assessment and Final Finding of No [FR Doc. E8–5642 Filed 3–19–08; 8:45 am] Significant Impact Related to the Identification of Proposed Action BILLING CODE 7590–01–P Construction and Operation of the The licensee requested an exemption Diablo Canyon Independent Spent Fuel from the requirement in 10 CFR Storage Installation,’’ dated August 30, 72.70(c)(6), which states that each 2007 (Supplement). The proposed licensee shall submit an updated FSAR action under consideration would not to the NRC every 24 months from the change the staff’s previous conclusions date of issuance of the license. The in the October 24, 2003 EA and the requested exemption would allow the Supplement regarding environmental

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15012 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

impacts because the proposed 72.70(c)(6), so that PG&E may delay the allows operation at an increased power exemption is an administrative action submittal of the updated FSAR for the level not in excess of 1,250 kilowatts that will not affect the physical design Diablo Canyon ISFSI, will not have a (thermal), and will expire twenty years or operation of the Diablo Canyon ISFSI. significant effect on the quality of the from its effective date. Therefore, there are no radiological or human environment. Accordingly, The renewed license complies with non-radiological impacts from a one- pursuant to 10 CFR 50.31 and 51.119(a), the standards and requirements of the time delay in submitting the updated the NRC has determined that a Final Atomic Energy Act of 1954, as amended FSAR, and the staff finds that the Finding of No Significant Impact is (the Act), and the Commission’s rules proposed exemption will not have any appropriate, and that an environmental and regulations. The Commission has significant environmental impact. impact statement for the proposed made appropriate findings as required exemption is not necessary. by the Act and the Commission’s Environmental Impacts of the regulations in 10 CFR Chapter I. Those Alternative to the Proposed Action IV. Further Information findings are set forth in the license As an alternative to the proposed PG&E’s application for exemption is renewal. Opportunity for hearing was action, the staff considered denial of the available electronically at the NRC’s afforded in the notice of the proposed proposed action (i.e., the ‘‘no-action’’ Electronic Reading Room at http:// issuance of this renewal in the Federal alternative). Approval or denial of the www.nrc.gov/reading-rm/adams.html. Register on October 6, 2005 (70 FR exemption request would result in no From this site, you can access the NRC’s 58487) and on August 2, 2006 (71 FR change in the environmental impacts Agencywide Document Access and 43816). No request for a hearing or described in the October 24, 2003 EA Management System (ADAMS), which petition for leave to intervene was filed and its Supplement. Therefore, the provides text and image files of NRC’s following notice of the proposed action. environmental impacts of the proposed public documents. The ADAMS Continued operation of the reactor action and the alternative action are Accession number for the exemption will not require alteration of buildings similar. request is ML080290634. or structures, will not lead to significant If you do not have access to ADAMS, changes in effluents released from the Conclusion or if there are problems in accessing the facility to the environment, will not The staff has reviewed the exemption documents located in ADAMS, contact increase the probability or consequences request submitted by PG&E and has the NRC Public Document Room (PDR) of accidents, and will not involve any determined that allowing the licensee to Reference staff at 1–800–397–4209, 301– unresolved issues concerning delay the submittal of the updated Final 415–4737, or by e-mail to [email protected]. alternative uses of available resources. Safety Analysis Report for the Diablo These documents may also be viewed Based on the foregoing and on the Canyon ISFSI by no more than electronically on the public computers Environmental Assessment, the approximately 100 days beyond the date located at the NRC’s PDR, O–1F21, One Commission concludes that renewal of required by 10 CFR 72.70(c)(6) is an White Flint North, 11555 Rockville the license and power increase will not administrative change, and would have Pike, Rockville, MD 20852. The PDR results in any significant environmental no significant effect on the human reproduction contractor will copy impacts. environment. documents for a fee. The Commission has prepared a ‘‘Safety Evaluation Report Related to the Agencies and Persons Consulted Dated at Rockville, Maryland, this 14th day of March, 2008. Renewal of the Facility License for the On March 10, 2008, Ms. Barbara For the Nuclear Regulatory Commission. TRIGA Research Reactor at the Kansas Byron of the California Energy James R. Hall, State University’’ for the renewal of Commission was contacted regarding Facility License No. R–88 and has, Senior Project Manager, Licensing Branch, the environmental assessment for the Division of Spent Fuel Storage and based on that evaluation, concluded that proposed exemption and Ms. Byron had Transportation, Office of Nuclear Material the facility can continue to be operated no comments. The NRC staff has Safety and Safeguards. by the licensee without endangering the determined that the proposed action is [FR Doc. E8–5649 Filed 3–19–08; 8:45 am] health and safety of the public. The Commission also prepared an solely of a procedural nature and will BILLING CODE 7590–01–P not affect listed species or critical Environmental Assessment which was habitat. Therefore, no consultation is published in the Federal Register on required under Section 7 of the NUCLEAR REGULATORY February 26, 2008 (73 FR 10308) for the Endangered Species Act. The NRC staff COMMISSION renewal of Facility License No. R–88 has also determined that the proposed and has concluded that this action will action is not the type of activity that has [Docket No. 50–188] not have a significant effect on the the potential to cause effects on historic Notice of Renewal of Facility License quality of the human environment. For further details with respect to this properties, assuming such historic No. R–88; Kansas State University action, see: (1) The application for properties were present at the Diablo TRIGA Research Reactor Canyon ISFSI. Therefore, no amendment dated September 12, 2002, consultation is required under Section The U.S. Nuclear Regulatory as supplemented on November 11, 2002, 106 of the National Historic Commission (the Commission) has November 13, 2002, December 21, 2004, Preservation Act. issued renewed Facility License No. R– July 6, 2005, September 27, 2005, March 88 for the Kansas State University (the 20, 2006, March 30, 2006, June 28, 2006, III. Finding of No Significant Impact licensee), for operation of the Kansas September 28, 2006, May 17, 2007, and The environmental impacts of the State University TRIGA Research June 4, 2007, September 12, 2007, proposed action have been reviewed in Reactor Facility located in Manhattan, October 11, 2007, and February 6, 2008; accordance with the requirements set Kansas. (2) Renewal of Facility License No. R– forth in 10 CFR part 51. Based upon the The facility is a research reactor that 88; (3) the related Safety Evaluation foregoing environmental assessment, the has been operating at a power level not Report; and (4) the Environmental NRC finds that the proposed action of in excess of 250 kilowatts (thermal). The Assessment dated February 20, 2008. granting the exemption from 10 CFR renewed Facility License No. R–88 Documents may be examined, and/or

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15013

copied for a fee, at the NRC’s Public Services, 1900 E Street, NW., Room with a lockbox bank, which operates the Document Room, located at One White 3313, Washington, DC 20415–7900. PAD program for OPM. Flint North, 11555 Rockville Pike (first FOR FURTHER INFORMATION CONTACT: floor), Rockville, Maryland. Publicly CATEGORIES OF INDIVIDUALS COVERED BY THE Sharon Glick (412) 657–5013. SYSTEM: available records will be accessible SUPPLEMENTARY INFORMATION: electronically from the Agencywide Notice to a. Former Federal employees and Documents Access and Management amend and republish system of records. members of Congress who performed System (ADAMS) Public Electronic SUMMARY: Pursuant to the provisions of service subject to the Civil Service Reading Room on the Internet at NRC the Privacy Act of 1974 (5 U.S.C. 552a), Retirement System (CSRS) or Federal Web site, http://www.nrc.gov/reading- the Office of Personnel Management Employees’ Retirement System (FERS). rm/adams.html. (OPM) is giving notice that it proposes b. Current Federal employees who If you do not have access to ADAMS to republish an amended system of have: or if there are problems in accessing the records, OPM/Central-1, due to changes 1. Performed Federal service subject documents located in ADAMS, contact in technology by Retirement Systems to the CSRS or FERS other than with the PDR Reference staff at 1–800–397– Modernization (RSM). RSM is a strategic their present agency; or 4209, 301–415–4737 or by e-mail to initiative of OPM to improve quality 2. Had data converted to the OPM [email protected]. and timeliness of services to individuals Retirement Systems Modernization Program; or Dated at Rockville, Maryland this 13th day covered by the Civil Service Retirement System (CSRS) and the Federal 3. Filed a designation of beneficiary of March, 2008. for benefits payable under the CSRS; or For the Nuclear Regulatory Commission. Employees’ Retirement System (FERS), the Federal Employees’ Group Life 4. Requested OPM to review a claim Daniel S. Collins, Insurance Program (FEGLI), and the for health benefits made under the Chief, Research and Test Reactors Branch Federal Employees Health Benefits FEHBP; or A, Division of Policy and Rulemaking, Office 5. Enrolled/changed enrollment in a of Nuclear Reactor Regulation. Program (FEHBP) by modernizing business practices and technology that plan under the FEHBP; or [FR Doc. E8–5643 Filed 3–19–08; 8:45 am] support the programs. The RSM 6. Filed a service credit application in BILLING CODE 7590–01–P program will transform the retirement connection with former Federal service; process, and health and life insurance or elections, by devising more efficient and 7. Filed an application for disability OFFICE OF PERSONNEL effective business systems to respond to retirement with OPM and are awaiting MANAGEMENT increased customer demand for higher final decision, or whose disability levels of customer service and online retirement application has been Privacy Act of 1974; Notice of self-service tools. This system of records disapproved by OPM. Amended System of Records reflects the republishing of the SORN c. Former Federal employees who died subject to or who retired under the ACTION: from October 1999, as amended May Notice to amend and republish CSRS or FERS, or their surviving system of records. 2000, inclusion of the prefatory uses as published in 1996 and the addition of spouses, and/or children who have SUMMARY: Pursuant to the provisions of two new routine uses. received or are receiving CSRS or FERS benefits and/or benefits under the the Privacy Act of 1974 (5 U.S.C. 552a), U.S. Office of Personnel Management. the Office of Personnel Management Federal Employees’ Group Life Linda M. Springer, (OPM) is giving notice that it proposes Insurance (FEGLI) Program, or Federal to republish an amended system of Director. Employees Health Benefits Program (FEHBP). records, OPM/Central-1, due to changes SYSTEM NAME: in technology by Retirement Systems d. Former Federal employees who Civil Service Retirement and Modernization (RSM). This system of died subject to or who retired under a Insurance Records. records is an integrated application that Federal Government retirement system other than CSRS or FERS, or their works from one central database that SYSTEM LOCATION: allows OPM designated employees and surviving spouses and/or children, who Deputy Associate Director, Center for contractors to access the records on a have received or are receiving benefits Retirement and Insurance Services, need to know basis in accordance with from FEGLI and/or FEHBP. Office of Personnel Management (OPM), OPM and Federal rules, regulations and e. Applicants for Federal employment 1900 E Street, NW., Washington, DC safeguard procedures for personally found unsuitable for employment on 20415–0001. Certain records pertaining identifiable information. RSM will medical grounds. to State income tax withholdings from enhance the system’s functionality to f. Former spouses of Federal annuitant payments are located with enable Federal employees and retirees employees who have received or are State Taxing Offices. Certain to access personal and benefits-related receiving CSRS or FERS benefits, or information concerning enrollment/ information. This notice proposes to who have filed a court order awarding change in enrollment in a health plan amend and republish an existing future benefits. under the Federal Employees Health internal system of records. Benefits Program (FEHBP) may be CATEGORIES OF RECORDS IN THE SYSTEM: DATE: The changes will be effective located at other agencies. Certain This system comprises those April 21, 2008, without further notice records pertaining to overpayments retirement service history records of unless comments are received that must be forwarded to the Department of employee’s service in the Federal would result in a contrary the Treasury for collection activity. Government from their current determination. Certain records pertaining to enrollment employing agency if the employee has ADDRESSES: Send written comments to in a Preauthorized Debit Program (PAD) been converted to the Retirement Office of Personnel Management, ATTN: for sending recurring remittances to Systems Modernization Program and/or Marc Flaster, Chief, Support Group, OPM for service credit and voluntary an agency other than for the agency in Center for Retirement and Insurance contributions accounts are maintained which they may presently be employed.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15014 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

Also included in the system are current spouses and/or dependents. These or security investigation of an personnel data pertaining to active records may be retained in OPM or individual, the classifying of jobs, the United States Postal Service employees provided to the Department of the letting of a contract, or the issuance of who, by virtue of the provisions set Treasury, pursuant to the Debt a license, grant, or other benefit by the forth in 5 U.S.C. 2105(e), are not Collection Act of 1996. There are two requesting agency, to the extent that the considered civil service employees. It different systems applicable to information is relevant and necessary to also contains information concerning overpayments. The OPM financial the requesting agency’s decision on the health benefit enrollment/change in management system uses the Social matter. enrollment, and information developed Security Number (SSN) as part of the c. For Congressional Inquiry—To in support of claims for benefits made identifying information in the record. provide information to a congressional under the retirement, health benefits, The Debt Collection Act of 1996 office from the record of an individual and life insurance programs for Federal requires agencies to turn over all in response to an inquiry from that employees that OPM administers. Also receivables more than 180 days past due congressional office made at the request included are medical records and to the Department of the Treasury for all of that individual. supporting evidence on those further collection activity. The SSN is d. For Judicial/Administrative individuals whose application for one of the required fields for Proceedings—To disclose information to disability retirement has been rejected. transferring the record to the another Federal agency, to a court, or a Consent forms and other records related Department of the Treasury. OPM may party in litigation before a court or in an to the withholding of State income tax obtain the SSN from case files or administrative proceeding being from annuitant payments, whether requests made to credit bureaus. conducted by a Federal agency, when physically maintained by the State or the Government is a party to the judicial OPM, are included in this system. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or administrative proceeding. In those Consent forms and other records related Includes the following with any cases where the Government is not a to enrollment in the Preauthorized Debit revisions or amendments: party to the proceeding, records may be Program, whether physically Section 3301 and chapters 83, 84, 87, disclosed if a subpoena has been signed maintained by the authorized lockbox 89 of title 5, United States Code, Pub. by a judge. bank or OPM, are included in the L. 83–598, 84–356, 86–724, and 94–455; e. For National Archives and Records system. and Executive Order 9397. Administration—To disclose information to the National Archives THESE RECORDS CONTAIN THE FOLLOWING PURPOSE(S): and Records Administration for use in INFORMATION: These records provide information records management inspections. a. Documentation of Federal service and verification on which to base f. Within OPM for Statistical/ subject to the CSRS or FERS. entitlement and computation of CSRS Analytical Studies—By OPM in the b. Documentation of service credit and FERS benefits, CSRS and FERS and production of summary descriptive and refund claims made under the CSRS survivors’ benefits, FEHBP and statistics and analytical studies in or FERS. enrollments, and FEGLI benefits, and to support of the function for which the c. Documentation of voluntary withhold State income taxes from records are collected and maintained, or contributions made by eligible annuitant payments. These records may for related workforce studies. While individuals. also be used to compute CSRS and FERS published studies do not contain d. Retirement and death claims files, benefit estimates. These records also individual identifiers, in some instances including documents supporting the serve to review rejection of applicants the selection of elements of data retirement application, health benefits, for Federal employment on medical included in the study may be structured and life insurance eligibility, medical suitability grounds. These records also in such a way as to make the data records supporting disability claims may be used to locate individuals for individually identifiable by inference. (after receipt by OPM), and designations personnel research. These records also g. For Litigation—To disclose of beneficiary. provide information and verification information to the Department of e. Claim review files pertaining to concerning enrollment/change in Justice, or in a proceeding before a requests made under the FEHBP enrollment in a plan under the FEHBP court, adjudicative body, or other reviewed by OPM. administrative body before which OPM f. Enrollment and change in ROUTINE USES OF RECORDS MAINTAINED IN THE is authorized to appear, when: enrollment information under the SYSTEM, INCLUDING CATEGORIES OF USERS AND (1) OPM, or any component thereof; THE PURPOSES OF SUCH USES: FEHBP. or g. Documentation of continuing a. For Law Enforcement Purposes—To (2) Any employee of OPM in his or coverage for life insurance and health disclose pertinent information to the her official capacity; or benefits for annuitants and their appropriate Federal, State, or local (3) Any employee of OPM in his or survivors under a Federal Government agency responsible for investigating, her individual capacity where the retirement system other than the CSRS prosecuting, enforcing, or implementing Department of Justice or OPM has or FERS, or for compensationers and a statute, rule, regulation, or order, agreed to represent the employee; or their survivors under the Office of where OPM becomes aware of an (4) The United States, when OPM Workers’ Compensation programs. indication of a violation or potential determines that litigation is likely to h. The system also maintains a file of violation of civil or criminal law or affect OPM or any of its components; is court orders submitted by former regulation. a party to litigation or has an interest in spouses of Federal employees. These b. For Certain Disclosures to Other such litigation, and the use of such court orders are submitted to support Federal Agencies—To disclose records by the Department of Justice or claims to apportion funds/benefits due information to a Federal agency, in OPM is deemed by OPM to be relevant to a Federal employee at some point in response to its request in connection and necessary to the litigation provided, the future. with the hiring or retention of an however, that the disclosure is i. Records relating to overpayments employee, the issuance of a security compatible with the purpose for which made to annuitants, survivor annuitants, clearance, the conducting of a suitability records were collected.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15015

h. For the Merit Systems Protection (other than the CSRS or FERS); or other u. In connection with an examination Board—To disclose information to national, State, county, municipal, or ordered by the agency under: officials of the Merit Systems Protection other publicly recognized charitable or (1) Medical examination procedures; Board or the Office of the Special social security administrative agencies; or Counsel, when requested in connection m. To disclose to the Office of Federal (2) Agency-filed disability retirement with appeals, special studies of the civil Employees Group Life Insurance procedures. service and other merit systems, review (OFEGLI) information necessary to To disclose to the agency-appointed of OPM rules and regulations, verify the election, declination, or representative of an employee all investigations of alleged or possible waiver of regular and/or optional life notices, decisions, other written prohibited personnel practices, and insurance coverage or eligibility for communications, or any pertinent such other functions, e.g., as payment of a claim for life insurance. medical evidence other than medical promulgated in 5 U.S.C. 1205 and 1206, n. To disclose to health insurance evidence that a prudent physician or as may be authorized by law. carriers contracting with OPM to would hesitate to inform the individual i. For the Equal Employment provide a health benefits plan under the of; such medical evidence will be Opportunity Commission (EEOC)—To FEHB, SSN, and other information disclosed only to a licensed physician, disclose information to the EEOC when necessary to identify enrollment in a designated in writing for that purpose requested in connection with plan, to verify eligibility for payment of by the individual or his or her investigations into alleged or possible a claim for health benefits, or to carry representative. discrimination practices in the Federal out the coordination for benefits v. To disclose information to any sector, compliance by Federal agencies provisions of such contracts. source from which additional with the Uniform Guidelines on o. To disclose to any inquirer, if information is requested relevant to Employee Selection Procedures or other sufficient information is provided to OPM determination on an individual’s functions vested in the Commission and assure positive identification of an eligibility for or entitlement to coverage to otherwise ensure compliance with individual on whom a department or under the retirement, life insurance, and the provisions of 5 U.S.C. 7201. agency maintains retirement or health benefits program, to the extent j. For the Federal Labor Relations insurance records, the fact that an necessary to identify the individual and Authority (FLRA)—To disclose individual is or is not on the retirement the type of information requested. information to the FLRA or its General rolls, and if so, the type of annuity w. To disclose information to the Counsel when requested in connection (employment or survivor, but not Office of Management and Budget with investigations of allegations of retirement on disability) being paid, or (OMB) at any stage of the legislative unfair labor practices or matters before if not, whether a refund has been paid. coordination and clearance process in the Federal Service Impasses Panel. p. When an individual to whom a connection with private relief k. For Non-Federal Personnel—To record pertains dies, to disclose to any legislation as set forth in OMB circular disclose information to private person possibly entitled in the order of No. A–19. organizations, contractors, grantees, precedence for lump-sum benefits, x. To provide an official of another volunteers, or other non-Federal information in the individual’s record Federal agency information needed in personnel performing or working on a that might properly be disclosed to the the performance of official duties project, contract, service, grant, individual, and the name and related to reconciling or reconstructing cooperative agreement, or job for, to the relationship of any other person whose data files; compiling descriptive benefit of, or consistent with the claim for benefits takes precedence or statistics; and making analytical studies interests of the Federal Government who is entitled to share the benefits to support the function for which the when OPM has determined that the use payable. When a representative of the records were collected and maintained. of that information is compatible with estate has not been appointed, the y. To disclose to a Federal agency, in proper disclosure and will benefit individual’s next of kin may be response to its request, the address of Federal employees, annuitants or their recognized as the representative of the any annuitant or applicant for refund of dependents, survivors, and estate. retirement deductions, if the agency beneficiaries. To disclose information to q. To disclose to the Internal Revenue requires that information to provide contractors, grantees, or volunteers Service, Department of the Treasury, consideration in connection with the performing or working on a contract, information as required by the Internal collection of a debt due the United service, grant, cooperative agreement, or Revenue Code of 1954, as amended. States. job for the Federal Government. r. To disclose to the Department of z. To disclose to an allottee, as l. To disclose, to the following Treasury information necessary to issue defined in 5 CFR 831.1501, the name, recipients, information needed to benefit checks or savings bonds. address, and the amount withheld from adjudicate a claim for benefits under s. To disclose information to any an annuitant’s benefits, pursuant to 5 OPM’s or the recipient’s benefits person who is responsible for the care CFR 831.1501 et seq. as an allotment to program(s), or information needed to of the individual to whom a record that allottee to implement the program conduct an analytical study of benefits pertains, and who is found by a court of voluntary allotments authorized by 5 being paid under such programs: Office or OPM Contract Doctors to be U.S.C. 8345(h) or 8465. of Workers’ Compensation Programs; incompetent or under other legal aa. To disclose to a State agency Department of Veterans Affairs Pension disability, information necessary to responsible for the collection of State Benefit Program; Social Security assure payment of benefits to which the income taxes the information required Administration’s Old Age, Survivor and individual is entitled. by an Agreement to Implement State Disability Insurance and Medical t. To disclose to the Parent Locator Income Tax Withholdings from Civil Programs and Supplemental Security Service of the Department of Health and Service Annuities entered pursuant to Income Program; Center for Medicare Human Services, upon its request, the section 1705 of Pub. L. 97–35 or 5 and Medicaid Services; Department of present address of an annuitant, or U.S.C. 8469 to implement the program Defense; Railroad Retirement Board; former employee, for enforcing child of voluntary State income tax military retired pay programs; Federal support obligations against such withholding required by 5 U.S.C. civilian employee retirement programs individual. 8345(k) or 8469.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15016 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

bb. To disclose to the Social Security gg. To disclose to a former spouse contractor for the purpose of collecting Administration the SSN of civil service when necessary to explain how that the receivable by cross servicing in annuitants to determine: former spouse’s benefit under 5 U.S.C. accordance with 31 U.S.C. 3711(M). (1) Their vital status as shown in the 8341(h), 8345(j), 8445, or 8467 was oo. To disclose information Social Security Master Records; computed. concerning past due receivables to the (2) Whether recipients of the hh. To disclose to a Federal or State Department of Justice for the purpose of minimum annuity are receiving at least agency (or its agent) when necessary to litigating to enforce collection of a past the Special Primary Insurance Amount locate individuals who are owed money due account or to obtain the Department benefit from the Social Security or property either by a Federal agency, of Justice’s concurrence in a decision to Administration; and State or local agency, or by a financial compromise, suspend, or terminate (3) Whether civil service retirees with institution or similar institution. collection action on an overpayment post-1956 military service credit are ii. To disclose to a health plan with the principal amount in excess of receiving benefits from the Social participating in the FEHBP and to an $100,000 or such higher amount as the Security Administration. FEHBP enrollee or covered family Attorney General may, from time to cc. To disclose information contained member or an enrollee or covered family time, prescribe in accordance with 31 in the Retirement Annuity Master File; member’s authorized representative, in U.S.C. 3711(a). including the name, SSN, date of birth, connection with the review of a pp. To disclose information sex, OPM’s claim number, health benefit disputed claim for health benefits, from concerning past due receivables to the enrollment code, retirement date, information maintained within this U.S. Department of the Treasury, retirement code (type of retirement), system of records, the decision of OPM Financial Management Service, or to annuity rate, pay status of case, regarding the disputed claim review. any other debt collection center jj. To disclose to a State or local correspondence address, and ZIP code, designated by the Secretary of the government, or private individual or of all Federal retirees and their Treasury, or any other Federal agency association engaged in volunteer work, survivors to Federal agencies and for the purpose of collecting the identifying and address information and requesting States to help eliminate fraud receivable through offset under 31 other pertinent facts, for the purpose of and abuse in the benefit programs U.S.C. 3716 (administrative offset), 31 developing an application as administered by the Federal agencies U.S.C. 3720A (Tax refund offset), 5 representative payee for an annuitant or and States (and those States to local U.S.C. 5514 (Salary offset), or offset survivor annuitant who is mentally governments) and to collect debts and under any other statutory or common incompetent or under other legal overpayments owed to the Federal law authority. Government, and to State Governments disability. kk. To disclose on request to a spouse qq. To disclose information and their components. concerning overpayees in arrears to dd. To disclose to a Federal agency, or dependent child (or court-appointed other Federal agencies for the purpose a person or an organization contracting guardian thereof) of a CSRS or FERS of implementing 31 U.S.C. 3720B, with a Federal agency for rendering annuitant or an annuitant of any other which prohibits persons who are past collection services within the purview Federal retirement system enrolled in due on Federal debts from obtaining of section 13 of the Debt Collection Act the FEHBP whether the annuitant has Federal financial assistance in the form of 1982, in response to a written request changed from a self-and-family to a self- of loans or loan insurance or guaranties. from the head of the agency or his other only health benefits enrollment. rr. To disclose information concerning designee, or from the debt collection ll. To the Defense Manpower Data past due receivables to any employer of contractor, the following data Center, Department of Defense, and the the debtor for the purpose of conducting concerning an individual owing a debt U.S. Postal Service to conduct computer administrative wage garnishment to the Federal Government: matching programs for the purpose of (1) The debtor’s name, address, SSN, identifying and locating individuals pursuant to 31 U.S.C. 3720D. and other information necessary to who are receiving Federal salaries or ss. To disclose information or establish the identity of the individual; benefit payments and are past due in publicly disseminate information (2) the amount, status, and history of their repayment of debts owed to the concerning overpayees in arrears and the claim; and U.S. Government under certain the debt to the public for the purpose of (3) the agency or program under programs administered by the OPM in publicly disseminating information which the claim arose. order to collect the debts under the regarding the identity of the debtor ee. To disclose information contained provisions of the Debt Collection Act of pursuant to 31 U.S.C. 3720B. in the Retirement Annuity Master File, 1982 (Pub. L. 97–365) by voluntary tt. To disclose information concerning upon written request, to State tax repayment, or by administrative or past due receivables to State and local administration agencies, for the express salary offset procedures. governments in an effort to collect purpose of ensuring compliance with mm. To any other Federal agency for monies owed the Federal government. State tax obligations by persons the purpose of effecting administrative uu. To disclose information receiving benefits under the CSRS or the or salary offset procedures against a concerning past due receivables to the FERS and to prevent fraud and abuse, person employed by that agency or Internal Revenue Service for the but only the following data elements: receiving or eligible to receive some purpose of: Effecting an administrative Name, correspondence address, date of benefit payments from the agency when offset against the individual’s income birth, sex, SSN, annuity rate, OPM as a creditor has a claim against tax refund to recover monies owed the commencing date of benefits, and that person. Federal government by the individual, retirement code (type of retirement). nn. To disclose information or obtaining the mailing address of a ff. To disclose information to a State concerning past due receivables to the taxpayer in order to locate the court or administrative agency in U.S. Department of the Treasury, individual to collect or compromise a connection with a garnishment, Financial Management Service, and to Federal receivable against the taxpayer attachment, or similar proceeding to any other debt collection center in accordance with 31 U.S.C. 3711, enforce an alimony or child support designated by the Secretary of the 3717, 3728, and 3718 and 26 U.S.C. obligation. Treasury, or any debt collection 6103(m)(2) and 6402.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15017

vv. To disclose information over secure connections using regulations on verification of identity concerning past due receivables to any encryption when appropriate. Personnel and access to records (5 CFR part 297). person or for any debt collection screening is employed to prevent purpose authorized by statue not unauthorized disclosure. CONTESTING RECORD PROCEDURE: specifically enumerated here. RETENTION AND DISPOSAL: Individuals wishing to request ww. To provide an official of another amendment of their records in this All records on a claim for retirement, Federal agency information needed in system that are originated by OPM life insurance, health benefits, and tax the performance of official duties should contact the system manager. withholdings are maintained related to retirement, federal employee Individuals must furnish the health, and/or federal employee life permanently in paper and/or electronic imaged format. Medical suitability following information for their records insurance benefits counseling. to be located and identified: xx. To authorized agencies, entities, records are maintained for 18 months. and persons when: Requests for review of health benefits a. Name, including all former names. (1) OPM suspects or has confirmed claims are maintained up to 3 years. b. Date of birth. that the security or confidentiality of Disposal of manual records is by c. SSN. information in the system of records has shredding or burning; magnetic tapes d. Name and address of office in been compromised; and discs are erased. which currently and/or formerly (2) OPM has determined that as a SYSTEM MANAGER(S) AND ADDRESS: employed in the Federal service. result of the suspected or confirmed compromise there is a risk of harm to Deputy Associate Director, Center for e. Annuity, service credit, or economic or property interests, identity Retirement and Insurance Services, voluntary contributions account theft or fraud, or harm to the security or Office of Personnel Management, 1900 number, if assigned. integrity of this system or other systems E Street, NW., Washington, DC 20415– Individuals requesting amendment of or programs (whether maintained by 0001. their records must also follow OPM’s Privacy Act regulations regarding OPM or another agency or entity) that RECORDS ACCESS PROCEDURES: rely upon the compromised verification of identity and amendment Individuals wishing to access their of records (5 CFR part 297). information; and own records online through Your (3) the disclosure made to such Benefits Resource (YBR) must follow a Individuals requesting amendment of agencies, entities, and persons is two-step identification and records that were not originated by OPM reasonably necessary to assist in authorization process. Individuals must must contact the agency that established connection with OPM’s efforts to provide personal identifiers and/or a the record in accordance with (5 CFR respond to the suspected or confirmed system user id for identification 831.102 and 841.106). compromise and prevent, minimize, or followed by a system password and/or remedy such harm. RECORD SOURCE CATEGORIES: personal indicative data for DISCLOSURES TO CONSUMER REPORTING authentication. The information in this system is AGENCIES: obtained from: OPM AND OTHER AGENCY ACCESS PROCEDURES: Disclosures pursuant to 5 U.S.C. a. The individual to whom the 552a(b)(12): Disclosures may be made Designated OPM, agency, and shared information pertains. from this system to consumer reporting service center employees may be b. Agency pay, leave, and allowance agencies as defined in the Fair Credit granted a defined level of access to other records. participants’ records in this system for Reporting Act (15 U.S.C. 1681a(f)) or the c. National Personnel Records Center. Federal Claims Collection Act of 1966 the purpose of performing official duties related to retirement, federal employee d. Federal civilian retirement systems (31 U.S.C. 3701(a)(3)) Policies and other than the CSRS/FERS. practices for storing, retrieving, health, and/or federal employee life e. Military retired pay system records. retaining and disposing of records in the insurance benefits counseling. Those system: granted access to other participants’ f. Office of Workers’ Compensation records must furnish their user Benefits Program. STORAGE: identifying information and g. Veteran’s Administration Pension These records are maintained on authentication information to obtain Benefits Program. access. secured LAN drives, databases, h. Social Security Old Age, Survivor, mainframes, magnetic tapes, disks, INDIVIDUAL ACCESS PROCEDURES: and Disability Insurance and Medicare microfiche, and in folders. Individuals wishing to request access Programs. RETRIEVABILITY: to their records in this system should i. Health insurance carriers and plans These records are retrieved by the contact the system manager. Individuals participating in the FEHBP. name, SSN, date of birth and/or claim must furnish the following information j. OFEGLI. number of the individual to whom they for their records to be located and k. Official Personnel Folders. identified: pertain. l. The individual’s co-workers and a. Name, including all former names. SAFEGUARDS: b. Date of birth. supervisors. Records are kept in lockable metal file c. SSN. m. Physicians who have examined or cabinets or in a secured facility with d. Name and address of office in treated the individual. access limited to those whose official which currently and/or formerly n. Former spouse of the individual. duties require access. Systems storing employed in the Federal service. o. State courts or support enforcement electronic data undergo system e. Annuity, service credit, or agencies. certification & accreditation processes voluntary contributions account p. Credit bureaus. and follow other appropriate federal number, if assigned. security standards. Transfer of data to Individuals requesting access must [FR Doc. E8–5659 Filed 3–19–08; 8:45 am] and from this system of record occurs also follow OPM’s Privacy Act BILLING CODE 6325–38–P

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15018 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s First, CBOE makes payments under the COMMISSION Statement of the Purpose of, and program only with respect to executed Statutory Basis for, the Proposed Rule contracts routed to CBOE through a [Release No. 34–57498; File No. SR–CBOE– Change participating member’s system; no 2008–27] In its filing with the Commission, payment is made with respect to orders CBOE included statements concerning that are routed to CBOE but not Self-Regulatory Organizations; the purpose of, and basis for, the executed. Second, CBOE does not make Chicago Board Options Exchange, proposed rule change and discussed any payments under the program with Incorporated; Notice of Filing and comments it received on the proposed respect to executed contracts in single- Immediate Effectiveness of Proposed rule change. The text of these statements listed options classes traded on CBOE, or with respect to complex orders or Rule Change To Clarify Its Description may be examined at the places specified spread orders. Single-listed options of an Existing Program Under Which It in Item IV below. CBOE has prepared summaries, set forth in sections A, B, classes and complex orders or spread Makes Subsidy Payments to CBOE orders are not subject to preferencing to Members That Provide Certain Order and C below, of the most significant aspects of such statements. a default destination exchange, and Routing Functionalities to Other CBOE CBOE therefore does not take them into Members and/or Use Such A. Self-Regulatory Organization’s account in calculating subsidy Functionalities Themselves Statement of the Purpose of, and payments.7 Statutory Basis for, Proposed Rule SR–CBOE–2007–34 also stated that a March 14, 2008. Change ‘‘participating member would have to Pursuant to Section 19(b)(1) of the 1. Purpose agree that it would not be entitled to Securities Exchange Act of 1934 receive any other revenue for the use of (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 CBOE proposes to clarify the its system specifically with respect to notice is hereby given that on March 6, description in SR–CBOE–2007–34 of a orders routed to CBOE.’’ Questions that program under which CBOE enters into 2008, the Chicago Board Options CBOE has received have shown that this subsidy arrangements with CBOE Exchange, Incorporated (‘‘CBOE’’ or statement also should be clarified. members that provide certain order CBOE never intended that members ‘‘Exchange’’) filed with the Securities routing functionalities to other CBOE and Exchange Commission participating in the program would be members and/or use such precluded from receiving payment for (‘‘Commission’’) the proposed rule 5 functionalities themselves. Under the order flow if they choose to do so. change as described in Items I and II program, CBOE makes payments to CBOE stated in SR–CBOE–2007–34: below, which Items have been participating CBOE members to That nothing about the subsidy program substantially prepared by CBOE. The subsidize their costs of providing would relieve any CBOE member that is Exchange filed the proposed rule change routing services to route orders to using an order routing functionality pursuant to Section 19(b)(3)(A)(i) of the CBOE. CBOE believes that clarifying its provided by another member or its own Act,3 and Rule 19b–4(f)(1) thereunder,4 description of the program is desirable functionality from complying with its as constituting a stated policy, practice, in view of questions that it has received best execution obligations; that, just as or interpretation with respect to the about the program since SR–CBOE– with any customer order and any other meaning, administration, or 2007–34 became effective. This rule routing functionality, a member has an enforcement of an existing rule, which change does not make any substantive obligation to consider the availability of renders the proposed rule change modification to the program.6 price improvement at various markets effective upon filing with the SR–CBOE–2007–34 includes a and whether routing a customer order Commission. The Commission is description of the features that an order through a functionality that qualifies for publishing this notice to solicit routing functionality must have to the program would allow for access to comments on the proposed rule change qualify for the program. One required such opportunities if readily available; feature is a preferencing feature such from interested parties. and that a member needs to conduct that CBOE is the default destination best execution evaluations on a regular I. Self-Regulatory Organization’s exchange for individually executed basis, at a minimum quarterly, that Statement of the Terms of Substance of marketable orders if CBOE is at the include its use of any router qualifying the Proposed Rule Change national best bid or offer (‘‘NBBO’’), for the program. These statements all regardless of size or time, subject to the remain true with respect to the program. CBOE proposes to clarify subsidy ability of any user to manually override arrangements with CBOE members that CBOE as the default destination on an 2. Statutory Basis provide certain order routing order-by-order basis. The Exchange believes the proposed functionalities to other CBOE members SR–CBOE–2007–34 stated that rule change is consistent with the Act and/or use such functionalities CBOE’s payment to participating CBOE and the rules and regulations themselves. This rule change does not members to subsidize their costs of thereunder applicable to national provide for any modifications to the text providing routing services ‘‘would be securities exchanges and, in particular, of CBOE’s rules. The proposed rule $0.05 per contract for orders routed to the requirements of Section 6(b) of the change is available on the Exchange’s CBOE through a participating member’s Act 8 because it will assist members in Web site (http://www.cboe.com), at the system.’’ Questions that CBOE has understanding the terms of CBOE’s Exchange’s Office of the Secretary, and received have shown that this statement order router subsidy program. at the Commission’s Public Reference should be clarified in two respects. Specifically, the Exchange believes the Room. proposed rule change is consistent with 5 See Securities Exchange Act Release No. 55629 (April 13, 2007), 72 FR 19992 (April 20, 2007) (SR– 7 Quotations are not disseminated through the 1 15 U.S.C 78s(b)(1). CBOE–2007–34). Options Price Reporting Authority for complex 2 17 CFR 240.19b–4. 6 CBOE has administered the program consistent orders or spread orders, and there is no NBBO for 3 15 U.S.C. 78s(b)(3)(A)(i). with the description of the program as clarified in such orders. 4 17 CFR 240.19b–4(f)(1). this rule change since the inception of the program. 8 15 U.S.C. 78f(b).

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15019

the objectives of Section 6(b)(4) of the 100 F Street, NE., Washington, DC SECURITIES AND EXCHANGE Act 9 in that it is designed to provide for 20549–1090. COMMISSION the equitable allocation of reasonable All submissions should refer to File dues, fees, and other charges among [Release No. 34–57497; File No. SR–FINRA– Number SR–CBOE–2008–27. This file 2007–021] CBOE members and other persons using number should be included on the its facilities. subject line if e-mail is used. To help the Self-Regulatory Organizations; B. Self-Regulatory Organization’s Commission process and review your Financial Industry Regulatory Statement on Burden on Competition comments more efficiently, please use Authority, Inc.; Notice of Filing of Proposed Rule Change and CBOE does not believe that the only one method. The Commission will Amendment No. 1 Relating to proposed rule change will impose any post all comments on the Commission’s Amendments to the Code of burden on competition that is not Internet Web site (http://www.sec.gov/ Arbitration Procedure for Customer necessary or appropriate in furtherance rules/sro.shtml). Copies of the Disputes and the Code of Arbitration of purposes of the Act. submission, all subsequent amendments, all written statements Procedure for Industry Disputes To Address Motions To Dismiss and To C. Self-Regulatory Organization’s with respect to the proposed rule Statement on Comments on the Amend the Eligibility Rule Related to change that are filed with the Proposed Rule Change Received From Dismissals Commission, and all written Members, Participants or Others communications relating to the The Exchange neither solicited nor proposed rule change between the March 14, 2008. received comments on the proposal. Commission and any person, other than Pursuant to Section 19(b)(1) of the III. Date of Effectiveness of the those that may be withheld from the Securities Exchange Act of 1934 Proposed Rule Change and Timing for public in accordance with the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Commission Action provisions of 5 U.S.C. 552, will be notice is hereby given that Financial available for inspection and copying in Industry Regulatory Authority, Inc. Because the foregoing proposed rule the Commission’s Public Reference (‘‘FINRA’’) (f/k/a National Association change constitutes a stated policy, of Securities Dealers, Inc. (‘‘NASD’’)) practice, or interpretation with respect Room, 100 F Street, NE., Washington, DC 20549, on official business days filed with the Securities and Exchange to the meaning, administration, or Commission (‘‘SEC’’ or ‘‘Commission’’) enforcement of an existing rule, it has between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be on November 2, 2007, and amended on become effective pursuant to Section February 13, 2008 (Amendment No. 1), 10 available for inspection and copying at 19(b)(3)(A)(i) of the Act and Rule the proposed rule change as described 19b 4(f)(1) thereunder.11 At any time the principal office of CBOE. All comments received will be posted in Items I, II, and III below, which Items within 60 days of the filing of the have been substantially prepared by without change; the Commission does proposed rule change, the Commission FINRA Dispute Resolution. The not edit personal identifying may summarily abrogate such rule Commission is publishing this notice to information from submissions. You change if it appears to the Commission solicit comments on the proposed rule that such action is necessary or should submit only information that change, as amended, from interested appropriate in the public interest, for you wish to make available publicly. All persons. the protection of investors, or otherwise submissions should refer to File in furtherance of the purposes of the Number SR–CBOE–2008–27 and should I. Self-Regulatory Organization’s Act. be submitted on or before April 10, Statement of the Terms of Substance of the Proposed Rule Change IV. Solicitation of Comments 2008. For the Commission, by the Division of FINRA Dispute Resolution is Interested persons are invited to proposing to amend NASD Rules 12206 submit written data, views, and Trading and Markets, pursuant to delegated 12 and 12504 of the Code of Arbitration arguments concerning the foregoing, authority. Florence E. Harmon, Procedure for Customer Disputes including whether the proposed rule (‘‘Customer Code’’) and NASD Rules change is consistent with the Act. Deputy Secretary. 13206 and 13504 of the Code of Comments may be submitted by any of [FR Doc. E8–5590 Filed 3–19–08; 8:45 am] Arbitration Procedure for Industry the following methods: BILLING CODE 8011–01–P Disputes (‘‘Industry Code’’) by Electronic Comments providing specific procedures that will govern motions to dismiss, and • Use the Commission’s Internet amending the provision of the eligibility comment form (http://www.sec.gov/ rule related to dismissals. Below is the rules/sro.shtml); or text of the proposed rule change. • Send an e-mail to rule- Proposed new language is in italics; [email protected]. Please include File proposed deletions are in brackets. Number SR–CBOE–2008–27 on the subject line. * * * * * 12206. Time Limits Paper Comments (a) No change. • Send paper comments in triplicate (b) Dismissal under Rule to Nancy M. Morris, Secretary, Dismissal of a claim under this rule Securities and Exchange Commission, does not prohibit a party from pursuing the claim in court. By filing a motion to 9 15 U.S.C. 78f(b)(4). 10 15 U.S.C. 78s(b)(3)(A)(i). 1 15 U.S.C. 78s(b)(1). 11 17 CFR 240.19b–4(f)(1). 12 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15020 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

dismiss a claim under this rule, the attorneys’ fees to any party that opposed A motion to dismiss made after the moving party agrees that if the panel the motion. conclusion of a party’s case in chief is dismisses a claim under this rule, the (10) The panel also may issue other not subject to the procedures set forth in non-moving party may withdraw any sanctions under Rule 12212 if it subparagraph (a). remaining related claims without determines that a party filed a motion (c) Motions to Dismiss Based on prejudice and may pursue all of the under this rule in bad faith. Eligibility claims in court. (c)–(d) No change. A motion to dismiss based on (1) Motions under this rule must be * * * * * eligibility filed under Rule 12206 will be made in writing, and must be filed Rule 12504. [Reserved] Motions to governed by that rule. separately from the answer, and only Dismiss (d) Motions to Dismiss Based on after the answer is filed. Failure to Comply with Code or Panel (a) Motions to Dismiss Prior to (2) Unless the parties agree or the Order Conclusion of Case in Chief panel determines otherwise, parties A motion to dismiss based on failure (1) Motions to dismiss a claim prior to must serve motions under this rule at to comply with any provision in the the conclusion of a party’s case in chief least 90 days before a scheduled Code, or any order of the panel or single are discouraged in arbitration. hearing, and parties have 30 days to arbitrator filed under Rule 12212 will be (2) Motions under this rule must be respond to the motion. governed by that rule. made in writing, and must be filed (3) Motions under this rule will be (e) Motions to Dismiss Based on separately from the answer, and only decided by the full panel. Discovery Abuse after the answer is filed. (4) The panel may not grant a motion A motion to dismiss based on (3) Unless the parties agree or the under this rule unless an in-person or discovery abuse filed under Rule 12511 panel determines otherwise, parties telephonic prehearing conference on the will be governed by that rule. motion is held or waived by the parties. must serve motions under this rule at least 60 days before a scheduled * * * * * Prehearing conferences to consider 13206. Time Limits motions under this rule will be recorded hearing, and parties have 45 days to as set forth in Rule 12606. respond to the motion. (a) No change. (5) If the panel grants a motion under (4) Motions under this rule will be (b) Dismissal under Rule this rule (in whole or part), the decision decided by the full panel. Dismissal of a claim under this rule must be unanimous, and must be (5) The panel may not grant a motion does not prohibit a party from pursuing accompanied by a written explanation. under this rule unless an in-person or the claim in court. By filing a motion to (6) If the panel denies a motion under telephonic prehearing conference on the dismiss a claim under this rule, the this rule, a party may not re-file the motion is held or waived by the parties. moving party agrees that if the panel denied motion, unless specifically Prehearing conferences to consider dismisses a claim under this rule, the permitted by panel order. motions under this rule will be recorded non-moving party may withdraw any (7) If the party moves to dismiss on as set forth in Rule 12606. remaining related claims without multiple grounds including eligibility, (6) The panel cannot act upon a prejudice and may pursue all of the the panel must decide eligibility first. motion to dismiss a party or claim claims in court. • If the panel grants the motion to under paragraph (a) of this rule, unless (1) Motions under this rule must be dismiss the case on eligibility grounds the panel determines that: made in writing, and must be filed on all claims, it shall not rule on any (A) the non-moving party previously separately from the answer, and only other grounds for the motion to dismiss. released the claim(s) in dispute by a after the answer is filed. • If the panel grants the motion to signed settlement agreement and/or (2) Unless the parties agree or the dismiss on eligibility grounds on some, written release; or panel determines otherwise, parties but not all claims, and the party against (B) the moving party was not must serve motions under this rule at whom the motion was granted elects to associated with the account(s), least 90 days before a scheduled move the case to court, the panel shall security(ies), or conduct at issue. hearing, and parties have 30 days to not rule on any other ground for (7) If the panel grants a motion under respond to the motion. dismissal for 15 days from the date of this rule (in whole or part), the decision (3) Motions under this rule will be service of the panel’s decision to grant must be unanimous, and must be decided by the full panel. the motion to dismiss on eligibility accompanied by a written explanation. (4) The panel may not grant a motion grounds. (8) If the panel denies a motion under under this rule unless an in-person or • If a panel dismisses any claim on this rule, the moving party may not re- telephonic prehearing conference on the eligibility grounds, the panel must file the denied motion, unless motion is held or waived by the parties. record the dismissal on eligibility specifically permitted by panel order. Prehearing conferences to consider grounds on the face of its order and any (9) If the panel denies a motion under motions under this rule will be recorded subsequent award the panel may issue. this rule, the panel must assess forum as set forth in Rule 13606. • If the panel denies the motion to fees associated with hearings on the (5) If the panel grants a motion under dismiss on eligibility grounds, it shall motion against the moving party. this rule (in whole or part), the decision rule on the other bases for the motion (10) If the panel deems frivolous a must be unanimous, and must be to dismiss the remaining claims in motion filed under this rule, the panel accompanied by a written explanation. accordance with the procedures set must also award reasonable costs and (6) If the panel denies a motion under forth in Rule 12504(a). attorneys’ fees to any party that opposed this rule, a party may not re-file the (8) If the panel denies a motion under the motion. denied motion, unless specifically this rule, the panel must assess forum (11) The panel also may issue other permitted by panel order. fees associated with hearings on the sanctions under Rule 12212 if it (7) If the party moves to dismiss on motion against the moving party. determines that a party filed a motion multiple grounds including eligibility, (9) If the panel deems frivolous a under this rule in bad faith. the panel must decide eligibility first. motion filed under this rule, the panel (b) Motions to Dismiss After • If the panel grants the motion to must also award reasonable costs and Conclusion of Case in Chief dismiss the case on eligibility grounds

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15021

on all claims, it shall not rule on any signed settlement agreement and/or A. Self-Regulatory Organization’s other grounds for the motion to dismiss. written release; or Statement of the Purpose of, and • If the panel grants the motion to (B) the moving party was not Statutory Basis for, the Proposed Rule dismiss on eligibility grounds on some, associated with the account(s), Change but not all claims, and the party against security(ies), or conduct at issue. 1. Purpose whom the motion was granted elects to (7) If the panel grants a motion under move the case to court, the panel shall this rule (in whole or part), the decision FINRA 3 proposes to provide specific not rule on any other ground for must be unanimous, and must be procedures to govern motions to dismissal for 15 days from the date of accompanied by a written explanation. dismiss, and to amend the provision of service of the panel’s decision to grant (8) If the panel denies a motion under the eligibility rule related to dismissals. the motion to dismiss on eligibility this rule, the moving party may not re- The proposal is designed to ensure that grounds. parties would have their claims heard in • file the denied motion, unless If a panel dismisses any claim on specifically permitted by panel order. arbitration, by significantly limiting the eligibility grounds, the panel must (9) If the panel denies a motion under grounds for filing motions to dismiss record the dismissal on eligibility this rule, the panel must assess forum prior to the conclusion of a party’s case grounds on the face of its order and any fees associated with hearings on the in chief and by imposing stringent subsequent award the panel may issue. motion against the moving party. sanctions against parties for engaging in • If the panel denies the motion to (10) If the panel deems frivolous a abusive practices under the rule. dismiss on eligibility grounds, it shall motion filed under this rule, the panel rule on the other bases for the motion Background must also award reasonable costs and to dismiss the remaining claims in The Code of Arbitration Procedure attorneys’ fees to any party that opposed accordance with the procedures set that was in use prior to April 16, 2007, the motion. forth in Rule 13504(a). did not address motion practice.4 (8) If the panel denies a motion under (11) The panel also may issue other Because motions were becoming this rule, the panel must assess forum sanctions under Rule 13212 if it increasingly common in arbitration, fees associated with hearings on the determines that a party filed a motion FINRA proposed to include in its motion against the moving party. under this rule in bad faith. revision of the entire Code of (9) If the panel deems frivolous a (b) Motions to Dismiss After Arbitration Procedure (Code Revision) motion filed under this rule, the panel Conclusion of Case in Chief some guidance for parties and must also award reasonable costs and A motion to dismiss made after the arbitrators with respect to motions attorneys’ fees to any party that opposed conclusion of a party’s case in chief is practice. the motion. not subject to the procedures set forth in The Code Revision, as initially filed (10) The panel also may issue other subparagraph (a). with the SEC in 2003, contained a rule sanctions under Rule 13212 if it (c) Motions to Dismiss Based on that would have permitted a panel to determines that a party filed a motion Eligibility grant a motion to decide claims before under this rule in bad faith. A motion to dismiss based on a hearing on the merits (a ‘‘dispositive (c)–(d) No change. eligibility filed under Rule 13206 will be motion’’) only under extraordinary * * * * * governed by that rule. circumstances. FINRA proposed this 13504. [Reserved] Motions to Dismiss (d) Motions to Dismiss Based on rule in an attempt to address concerns (a) Motions to Dismiss Prior to Failure to Comply with Code or Panel raised by investors’ counsel, SEC staff Conclusion of Case in Chief Order and other constituent groups about (1) Motions to dismiss a claim prior to A motion to dismiss based on failure abusive and duplicative filing of the conclusion of a party’s case in chief to comply with any provision in the dispositive motions. Specifically, are discouraged in arbitration. Code, or any order of the panel or single FINRA received complaints that parties (2) Motions under this rule must be arbitrator filed under Rule 13212 will be (typically respondent 5 firms) were filing made in writing, and must be filed governed by that rule. dispositive motions routinely and separately from the answer, and only (e) Motions to Dismiss Based on repetitively in an apparent effort to after the answer is filed. Discovery Abuse delay scheduled hearing sessions on the (3) Unless the parties agree or the A motion to dismiss based on merits, increase investors’ costs panel determines otherwise, parties discovery abuse filed under Rule 13511 (typically claimants 6), and intimidate must serve motions under this rule at will be governed by that rule. less sophisticated parties.7 In some least 60 days before a scheduled * * * * * hearing, and parties have 45 days to 3 Although some of the events referenced in this respond to the motion. II. Self-Regulatory Organization’s rule filing occurred prior to the formation of FINRA (4) Motions under this rule will be Statement of the Purpose of, and through consolidation of NASD and the member regulatory functions of NYSE Regulation, the rule decided by the full panel. Statutory Basis for, the Proposed Rule filing refers to FINRA throughout for simplicity. (5) The panel may not grant a motion Change 4 The Customer and Industry Codes became under this rule unless an in-person or effective on April 16, 2007, for claims filed on or telephonic prehearing conference on the In its filing with the Commission, after that date; the old Code continues to apply to motion is held or waived by the parties. FINRA included statements concerning pending cases until their conclusion. Prehearing conferences to consider the purpose of and basis for the 5 A respondent is a party against whom a statement of claim or third party claim has been motions under this rule will be recorded proposed rule change and discussed any comments it received on the proposed filed. as set forth in Rule 13606. 6 A claimant is a party that files the statement of (6) The panel cannot act upon a rule change. The text of these statements claim and other documents that initiate an motion to dismiss a party or claim may be examined at the places specified arbitration. under paragraph (a) of this rule, unless in Item IV below. FINRA has prepared 7 For example, the Securities Arbitration summaries, set forth in Sections A, B, Commentator published a study in Fall 2006 on the panel determines that: motions to dismiss in customer cases, which (A) the non-moving party previously and C below, of the most significant concludes that, in the universe of cases that went released the claim(s) in dispute by a aspects of such statements. Continued

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15022 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

cases, if a party did not receive a governing dismissals made on eligibility Filing Deadlines favorable ruling on a dispositive motion grounds. The proposed rule change would filed at a particular stage in an Motions To Dismiss on Other Than require parties to serve motions under arbitration proceeding, that party would Eligibility Grounds this provision at least 60 days before a re-file the same or a similar dispositive scheduled hearing and would provide motion at a later time, which often FINRA filed the proposed rule change 45 days to respond to a motion unless served only to increase investors’ costs to provide specific procedures that the parties agree or the panel determines and delay the hearing and the issuance would govern motions to dismiss. otherwise. FINRA believes that of any award. Moreover, FINRA learned Generally, FINRA believes that parties requiring a motion to dismiss to be through various constituent and focus have the right to a hearing in arbitration. served at least 60 days before a groups that some respondents’ attorneys In certain very limited circumstances, scheduled hearing and providing 45 were being counseled by their law firms however, it would be unfair to require days for a party to respond to such a that an acceptable and useful tactic was a party to proceed to a hearing. The motion would prevent the moving party to file multiple dispositive motions at proposal is designed to balance these from filing a motion shortly before a various stages of an arbitration competing interests. The proposal hearing as a surprise tactic to force a proceeding. should ensure that parties 12 have their delay in the arbitration process. When the Code Revision was claims heard in arbitration, by published for comment in the Federal significantly limiting the grounds for Require the Full Panel To Decide Register, commenters opposed the filing motions to dismiss prior to Motions To Dismiss dispositive motion rule for a variety of conclusion of a party’s case in chief and The proposal would require the full reasons. Therefore, FINRA removed the by imposing stringent sanctions against panel to decide motions to dismiss. rule from the Code Revision and re-filed parties for engaging in abusive practices Given the ramifications of granting a it separately.8 The SEC then approved under the rule. The proposal would motion to dismiss, FINRA believes that the Code Revision without the permit parties to file a motion to dismiss each member of the panel should be dispositive motion rule.9 at the conclusion of a party’s case in required to hear the parties’ arguments, Prior Dispositive Motion Proposal chief, based on any theory of law. so that each panel member may make an The proposed rule change would informed decision when ruling on the As re-filed with the SEC, the govern motions to dismiss filed prior to motion. dispositive motion proposal would have the conclusion of a party’s case in chief permitted a panel to grant a dispositive Require an Evidentiary Hearing (under the Customer Code or Industry motion prior to an evidentiary hearing Under the proposal, the panel may Code, as applicable), as discussed in only under extraordinary not grant a motion to dismiss prior to further detail below. circumstances. 10 The SEC published the conclusion of a party’s case in chief the proposal for public comment on Discourage Motions To Dismiss a Claim unless the panel holds an in-person or August 31, 2006, and received over 60 Prior to a Party’s Case in Chief telephonic prehearing conference on the comment letters,11 the majority of motion that is recorded in accordance which opposed the proposal. The The proposed rule change would with Rule 12606 or Rule 13206, unless comments and FINRA’s response are clarify that motions to dismiss a claim such conference is waived by the discussed in Section 5 below. prior to a party’s case in chief are parties. FINRA believes this Based on the comments, FINRA discouraged in arbitration. FINRA requirement would ensure that the recognized that the proposal did not believes that parties have the right to a panel holds a hearing on the motion and provide effective guidance on how hearing in arbitration, and only in that the panel has sufficient information dispositive motions would be handled certain very limited circumstances to make a ruling. in the forum. Because the comments should that right be challenged. This provision would not apply to motions Limited Grounds on Which a Motion indicated that various issues involving May Be Granted dispositive motions required more filed on the basis of eligibility grounds, guidance, FINRA withdrew the as discussed below. FINRA proposes to limit the grounds on which a panel may act upon a dispositive motion proposal, and filed a Require That Motions To Dismiss Be new proposed rule change to provide motion to dismiss prior to the Filed in Writing, Separately From the conclusion of the party’s case in chief. specific procedures that would govern Answer, and After the Answer Is Filed motions to dismiss. FINRA also The proposal states that a panel may act proposes to amend the separate rule FINRA believes that requiring a party upon a motion to dismiss only after the to file a motion to dismiss in writing party rests its case in chief unless the panel determines that: to award, there were motions to dismiss in 28% of separately from the answer and only • the cases in 2006 as compared to 10% in 2004. after the answer is filed would deter The non-moving party previously Securities Arbitration Commentator, Nov. 2006 parties from filing these motions released the claim(s) in dispute by a (Vol. 2006, No. 5), at 3. signed settlement agreement and/or 8 See Securities Exchange Act Release No. 54360 routinely in lieu of an answer, and would prevent parties from combining a written release; or (August 24, 2006); 71 FR 51879 (August 31, 2006) • the moving party was not associated (SR–NASD–2006–088) (notice). motion to dismiss with an answer. This 9 See Securities Exchange Act Release No. 55158 provision should ensure that parties with the account(s), security(ies), or 13 (January 24, 2007); 72 FR 4574 (January 31, 2007) receive an answer that responds directly conduct at issue. (SR–NASD–2003–158 and SR–NASD–2004–011) to the statement of claim. FINRA believes that limiting the (approval order). grounds on which a motion to dismiss 10 See note 8. 11 See Comments on File No. SR–NASD–2006– 12 For purposes of the proposal, a party could be may be granted prior to the conclusion 088, Notice of Filing of Proposed Rule Change an initial claimant, respondent, counterclaimant, Relating to Motions to Decide Claims Before a cross claimant, or third party claimant and his or 13 A motion to dismiss on eligibility grounds Hearing on the Merits, available at http:// her motion to dismiss would be subject to Rules would be governed by Rules 12206 and 13206 of www.sec.gov/comments/sr–nasd–2006–088/ 12206 and 12504 of the Customer Code or Rules the Customer and Industry Code, respectively; the nasd2006088.shtml (last visited October 5, 2007). 13206 and 13504 of the Industry Code. amendments to those rules are discussed below.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15023

of the party’s case in chief would When a moving party (governed by The first issue FINRA addresses with minimize the potential for abusive the Customer Code or Industry Code, as the proposal is amending Rules practices and ensure that most parties’ applicable) files a motion to dismiss at 12206(b) and 13206(b) to establish claims would be heard in the forum. the conclusion of a party’s case in chief, procedures for motions to dismiss made the provisions governing motions to on eligibility grounds. In light of the Require a Unanimous, Explained, dismiss filed prior to the conclusion of new motions to dismiss proposal, Written Decision To Grant a Motion To a party’s case in chief discussed above FINRA believes that similar changes Dismiss would not apply. Thus, a moving party should be incorporated into the existing The proposal would require a could file a motion to dismiss at the eligibility rule to provide procedures unanimous decision by the panel to conclusion of a party’s case in chief, and guidance for dealing with motions grant a motion to dismiss as well as a based on any theory of law. The rule, to dismiss made on eligibility grounds. written explanation of the decision in however, would not preclude the panel The proposed changes to the eligibility the award. Under the proposal, each under this scenario from issuing an rule contain most of the same provisions member of the panel must agree to grant explanation of its decision if it grants as those contained in the proposed a motion to dismiss. FINRA believes the motion, or awarding costs or fees to motions to dismiss rule (discussed that because these decisions are an the party that opposed the motion if it above), except for those criteria that are integral part of the arbitration process, denies the motion. not applicable to eligibility motions, all panel members should agree to FINRA believes that permitting a that is, the two other grounds on which dismiss a claim; otherwise the case moving party to file a motion to dismiss a panel may grant a motion to dismiss should continue. Moreover, the at the conclusion of a party’s case in before a party has presented its case in provision that requires the panel to chief should balance the goal of chief (i.e., signed settlement and written provide a written explanation of its ensuring that non-moving parties have release and factual impossibility). decision would help parties understand their claims heard by a panel against the In addition, the filing deadlines the panel’s rationale for its decision. rights of moving parties to challenge a would be different from those in the claim they believe lacks merit or has not Require Permission From the Arbitrators motions to dismiss proposal. Under the been proved. Moreover, FINRA believes To Re-File a Denied Motion To Dismiss proposed rule, a party may file a motion that arbitrators should be permitted to to dismiss on eligibility grounds at any Under the proposal, a party would be entertain and act upon a motion to stage of the proceeding (after the answer prohibited from re-filing a denied dismiss at this stage of a hearing to is filed), except that a party may not file motion to dismiss, unless specifically minimize the moving parties’ incurring this motion any later than 90 days permitted by a panel order. FINRA unnecessary additional attorneys’ fees before the scheduled hearing on the believes this limitation would serve to and forum fees. If a claimant has merits. FINRA believes that this expedite the arbitration process and presented its case in chief and clearly requirement would encourage moving minimize parties’ costs. failed to present sufficient evidence to parties to determine in the early stages support a claim, then the moving party Require Arbitrators To Award Fees of the case whether to pursue their should not be forced to incur the Associated With Denied Motions To claims in court or to proceed with the additional expenses and costs Dismiss and To Award Fees and Costs arbitration. Further, FINRA believes that associated with unnecessary hearings. Associated With Frivolously Filed this requirement would prevent the Motions To Dismiss The proposal provides that motions to moving party from filing this motion dismiss based on failure to comply with shortly before a hearing as a surprise The proposal would also require that code or panel order under Rule 12212 tactic to force a delay in the arbitration the panel assess forum fees associated or 13212, as applicable, would be process. with hearings on the motion to dismiss governed by that rule. Further, the The proposal also would provide against the party filing the motion to proposal provides that motions to parties with 30 days to respond to an dismiss, if the panel denies the motion. dismiss based on discovery abuse filed eligibility motion. If a panel grants a Further, if the panel deems frivolous a under Rule 12511 or 13511, as motion to dismiss a party’s claim based motion filed under this rule, the panel applicable, would be governed by that on eligibility grounds, that party must must award reasonable costs and rule. re-file the claim in court to pursue its attorneys’ fees to a party that opposed Amendments to the Dismissal Provision remedies, which could further delay the motion. FINRA believes that of the Eligibility Rule resolution of the dispute. Therefore, imposing monetary penalties would FINRA is proposing the 30-day minimize abusive practices involving FINRA proposes to amend Rules timeframe to respond to eligibility motions to dismiss and would deter 12206(b) and 13206(b) of the Customer motions to expedite the process, so that parties from filing such motions and Industry Codes, respectively, to the time between filing a claim and frivolously. address motions to dismiss made on resolution of the dispute is shortened. eligibility grounds. Under this proposal, Permit Sanctions for Motion To Dismiss a party may file a motion to dismiss on The second issue concerns potential Filed in Bad Faith eligibility grounds at any stage of the problems in the implementation of the If the panel determines that a party proceeding (after the answer is filed), eligibility rule since it was last amended filed a motion under this rule in bad except that a party may not file this in 2005. Currently, the eligibility rule faith, the panel also may issue sanctions motion any later than 90 days before the makes clear that dismissal of a claim on under Rule 12212 or Rule 13212. FINRA scheduled hearing on the merits. FINRA eligibility grounds in arbitration does believes that these stringent sanction is also proposing to amend the rule to not preclude a party from pursuing the requirements would provide panels address the res judicata defense claim in court; it provides that, by with additional enforcement claimants could encounter when they requesting dismissal of a claim under mechanisms to address abusive attempt to pursue in court a claim the rule, the requesting party is agreeing practices involving motions to dismiss if dismissed in arbitration, when the that the non-moving party may other deterrents prove ineffective. grounds for the dismissal are unclear. withdraw any remaining related claims

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15024 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

without prejudice and may pursue all of will close a loophole that has resulted the claims in court.14 from implementing the rule by Gross, Director, Pace University School of Law, In certain situations, when a claim is eliminating the res judicata defense that dated September 21, 2006 (‘‘Black and Gross Letter’’); Robert S. Banks, Jr., President, Public dismissed under the eligibility rule, claimants could face when they attempt Investors Arbitration Bar Association, dated FINRA understands that claimants have to pursue claims in court that were September 21, 2006 (‘‘PIABA Letter’’); Tim had difficulty proceeding with their dismissed in arbitration on eligibility Canning, Esq., Law Offices of Timothy A. Canning, claims in court, because respondents grounds. dated September 21, 2006 (‘‘Canning Letter’’); Gary have asserted a res judicata defense Pieples, Director, Syracuse University Securities 2. Statutory Basis Arbitration and Consumer Clinic, dated September when the panel’s grounds for dismissing 22, 2006 (‘‘Pieples Letter’’); Scot D. Bernstein, Esq., the arbitration claim were unclear. For FINRA believes that the proposed rule dated September 24, 2006; Robert C. Port, Esq., example, if a respondent files a motion change is consistent with the provisions Cohen Goldstein Port & Gottlieb, LLP, dated to dismiss based on several grounds, of Section 15A(b)(6) of the Act, which September 25, 2006 (‘‘Port Letter’’); William P. requires, among other things, that Torngren, Esq., dated September 25, 2006 including eligibility, and the panel (‘‘Torngren Letter’’); Laurence S. Schultz, Esq., issues an order dismissing a claim, but FINRA rules must be designed to Driggers Schultz and Herbst; dated September 25, without citing reasons, the claimants prevent fraudulent and manipulative 2006 (‘‘Schultz Letter’’); Al Van Kampen, Esq., would not know whether or not they are acts and practices, to promote just and Rohde & Van Kampen PLLC, dated September 25, afforded the right to pursue the claim in equitable principles of trade, and, in 2006 (‘‘Van Kampen Letter’’); Allan J. Fedor, Esq., dated September 26, 2006 (‘‘Fedor Letter’’); A. court, as provided by the rule. If the general, to protect investors and the Daniel Woska, Esq., Woska & Hayes, LLP, dated claimants proceed to file the dismissed public interest. FINRA believes that the September 25, 2006 (‘‘Woska Letter’’); Cliff claim in court, the respondents may proposed rule change would enhance Palefsky, Co-Chair ADR Committee, National argue that the panel’s decision on the investor confidence in the fairness and Employment Lawyers Association, dated September 26, 2006 (‘‘Palefsky Letter’’); Steven B. Caruso, Esq., claim is the final decision, and that neutrality of FINRA’s arbitration forum Maddox Hargett Caruso, P.C., dated September 27, claimants are barred from having the by ensuring that non-moving parties 2006 (‘‘Caruso Letter’’); Dale Ledbetter, Esq., court decide the same claim again. In have their claims heard in arbitration, Adorno & Yoss, dated September 27, 2006 such a case, claimants would be while preserving the moving parties’ (‘‘Ledbetter Letter’’); Noah H. Simpson, Esq., dated required to prove that the dismissal was September 28, 2006 (‘‘Simpson Letter I’’); Stephen rights to challenge the necessity of a P. Meyer, Esq., PIABA, dated September 29, 2006 based on eligibility, not the other hearing in certain limited (‘‘Meyer Letter’’); Edward G. Turan, Chair, grounds for dismissal that the circumstances. Further, the proposed Arbitration and Litigation Committee, Securities respondents raised. This would be changes to the eligibility rule would Industry Association, dated September 29, 2006 difficult or impossible if the arbitrator or help prevent manipulative practices by (‘‘SIA Letter’’); Joseph Fogel, Esq., Fogel & Associates, dated September 30, 2006 (‘‘Fogel panel did not explain the reasons for the closing a loophole in the rule, so that Letter’’); Henry Simpson, III, Simpson Woolley dismissal. parties may pursue their claims in court McConachie, L.L.P, dated October 2, 2006 FINRA proposes to amend the without facing an unintended legal (‘‘Simpson Letter II’’); Michael J. Willner, Esq., eligibility rule to address this issue. The impediment, in the event their claims Miller Faucher and Cafferty LLP, dated October 3, rule would be amended to provide that, 2006 (‘‘Willner Letter’’); T. Michael Kennedy, P.C., are dismissed in arbitration on dated October 3, 2006 (‘‘Kennedy Letter’’); Richard when a party files a motion to dismiss eligibility grounds. A. Lewins, Burg Simpson Eldredge Hersh & Jardine on multiple grounds, including P.C., dated October 3, 2006 (‘‘Lewins Letter’’); Val eligibility, the panel must consider the B. Self-Regulatory Organization’s Hornstein, Esq., Hornstein Law Offices, dated threshold issue of eligibility first. First, Statement on Burden on Competition October 3, 2006 (‘‘Hornstein Letter’’); Steve Buchwalter, Esq., Law Offices of Steve A. the rule would be amended to require FINRA does not believe that the Buchwalter, P.C., dated October 3, 2006 that if the panel grants the motion to proposed rule change would result in (‘‘Buchwalter Letter’’); W. Scott Greco, Esq., Greco dismiss on eligibility grounds on all any burden on competition that is not & Greco, P.C., dated October 3, 2006 (‘‘Greco claims, it shall not rule on any other necessary or appropriate in furtherance Letter’’); Jeffrey B. Kaplan, Esq., dated October 3, grounds for the motion to dismiss. of the purposes of the Act, as amended. 2006 (‘‘Kaplan Letter’’); Jan Graham, Esq., Graham Law Offices, dated October 3, 2006 (‘‘Graham Second, the rule would be amended to C. Self-Regulatory Organization’s Letter’’); Thomas C. Wagner, Esq., Van Deusen & require that if the panel grants the Statement on Comments on the Wagner, LLC, dated October 3, 2006 (‘‘Wagner motion to dismiss on eligibility grounds, Letter’’); Scott R. Shewan, Esq., Born, Pape & Proposed Rule Change Received From on some, but not all claims, and the Shewan LLP, dated October 3, 2006 (‘‘Shewan Members, Participants, or Others Letter’’); Jeffrey S. Kruske, Esq., dated October 3, non-moving party elects to move the 2006 (‘‘Kruske Letter’’); Gail E. Boliver, Esq., Boliver case to court, the panel shall not rule on Written comments were neither Law Firm, dated October 3, 2006 (‘‘Boliver Letter’’); any other ground for dismissal for 15 solicited nor received by FINRA. The Sarah G. Anderson, dated October 3, 2006 days from the date of service of the SEC received 63 comments on the prior (‘‘Anderson Letter’’); Rob Bleecher, Esq., Pecht & dispositive motion proposal that was Associates, PC, dated October 4, 2006 (‘‘Bleecher panel’s decision to grant the motion to Letter’’); Robert Goehring, Esq., dated October 4, dismiss on eligibility grounds. Third, published for comment on August 31, 2006 (‘‘Goehring Letter’’); Herbert E. Pounds, Jr., the rule would be amended to require 2006.15 In general, most commenters Esq., dated October 4, 2006 (‘‘Pounds Letter’’); that, when arbitrators dismiss any claim Leonard Steiner, Esq., Steiner & Libo, Professional on eligibility grounds, that fact must be 15 Comment letters were submitted by Paul R. Corporation, dated October 4, 2006 (‘‘Steiner Meyer, Esq., dated July 26, 2006 (‘‘Meyer Letter’’); Letter’’); Harry S. Miller, Esq., Burns & Levenson stated on the face of their order and any Seth E. Lipner, Professor of Law, Zicklin School of LLP, dated October 4, 2006 (‘‘Miller Letter’’); subsequent award the panel may issue. Business, dated August 29, 2006 (‘‘Lipner Letter’’); Jonathan W. Evans, Esq., Jonathan W. Evans & And fourth, if the panel denies the Kevin Thomas Hoffman, Esq., dated September 8, Associates, dated October 4, 2006 (‘‘Evans Letter’’); motion to dismiss on the basis of 2006 (‘‘Hoffman Letter’’); Randall R. Heiner, Esq., Henry Simpson, Esq., Simpson Woolley dated September 12, 2006 (‘‘Heiner Letter’’); Joseph McConachie, LLP, dated October 4, 2006 (‘‘Simpson eligibility, it shall rule on the other C. Korsak, Esq., dated September 13, 2006 (‘‘Korsak Letter III’’); Eliot Goldstein, Esq., Law Offices of bases for the motion to dismiss the Letter’’); Philip M. Aidikoff, Esq., Aidikoff, Uhl Eliot Goldstein LLP, dated October 4, 2006 remaining claims in accordance with Bakhtiari, dated September 13, 2006 (‘‘Aidikoff (‘‘Goldstein Letter’’); Kyle M. Kulzer, Esq., Alan L. the motions to dismiss rule. FINRA Letter’’); Barry D. Estell, Esq., dated September 13, Frank Law Associates, P.C., dated October 4, 2006 2006 (‘‘Estell Letter’’); Daniel A. Ball, Esq., Ball (‘‘Kulzer Letter’’); Adam S. Doner, Esq., dated believes that the proposed amendments Associates, dated September 14, 2006 (‘‘Ball October 4, 2006 (‘‘Doner Letter’’); Brian N. Smiley, Letter’’); Stuart E. Finer, Esq., dated September 21, Esq., Gard Smiley Bishop & Porter LLP, dated 14 Rule 12206(b) of the Customer Code and Rule 2006 (‘‘Finer Letter’’); Barbara Black, Director, October 4, 2006 (‘‘Smiley Letter’’); Frederick W. 13206(b) of the Industry Code. University of Cincinnati College of Law and Jill I. Rosenberg JD, dated October 4, 2006 (‘‘Rosenberg Letter’’); Theodore M. Davis, Esq., dated October 5,

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15025

opposed the prior proposal and argued III. Date of Effectiveness of the between the hours of 10 a.m. and 3 p.m. that it would, among other things, Proposed Rule Change and Timing for Copies of such filing also will be encourage, rather than discourage, the Commission Action available for inspection and copying at making of dispositive motions; have a Within 35 days of the date of the principal office of FINRA. All comments received will be posted chilling effect on the ability of investors publication of this notice in the Federal without change; the Commission does to have all evidence judged and the Register or within such longer period: not edit personal identifying credibility and veracity of witnesses (i) As the Commission may designate up information from submissions. You weighed; and result in a loss of the to 90 days of such date if it finds such major benefits of the arbitration should submit only information that longer period to be appropriate and process—cost effectiveness and you wish to make available publicly. All publishes its reasons for so finding or expediency. submissions should refer to the File Some commenters who opposed the (ii) as to which the self-regulatory Number SR–INRA–2007–021 and prior proposal argued that FINRA organization consents, the Commission should be submitted on or before April should adopt a rule that would prohibit will: 10, 2008. (A) By order approve such proposed all dispositive motions in arbitration. For the Commission, by the Division of These commenters contended that the rule change, or (B) institute proceedings to determine Trading and Markets, pursuant to delegated prior proposal would establish a authority.18 procedure that would deprive investors whether the proposed rule change should be disapproved. Florence E. Harmon. of their fundamental right to a hearing Deputy Secretary. in arbitration—a policy, they believe, is IV. Solicitation of Comments [FR Doc. E8–5571 Filed 3–19–08; 8:45 am] antithetical to the goals of arbitration.16 Interested persons are invited to BILLING CODE 8011–01–P Another group of commenters indicated submit written data, views, and that they would support a modified arguments concerning the foregoing, version of the prior proposal if it including whether the proposed rule SECURITIES AND EXCHANGE included some safeguards. Some of the COMMISSION safeguards suggested by these change is consistent with the Act. commenters included prohibiting a Comments may be submitted by any of [Release No. 34–57492; File No. SR–NASD– panel from deciding a claim before a the following methods: 2007–021] hearing until all documents have been Electronic Comments Self-Regulatory Organizations; produced by the parties; requiring a • Use the Commission’s Internet National Association of Securities panel to deny a dispositive motion if comment form (http://www.sec.gov/ Dealers, Inc. (n/k/a Financial Industry there are disputed facts; requiring a rules/sro.shtml); or Regulatory Authority, Inc.); Order panel to award costs and attorneys’ fees • Send an e-mail to rule- Approving Proposed Rule Change To to the party defending a dispositive [email protected]. Please include File Amend the Definition of Public motion if it is denied; and requiring a Number SR–FINRA–2007–021 on the Arbitrator written explanation from the panel if subject line. the dispositive motion is granted.17 March 13, 2008. Based on the concerns raised by the Paper Comments On March 12, 2007, the National commenters, FINRA realized that the • Send paper comments in triplicate Association of Securities Dealers, Inc. prior proposal did not convey its to Nancy M. Morris, Secretary, (‘‘NASD’’), through its wholly owned position on dispositive motions Securities and Exchange Commission, subsidiary, NASD Dispute Resolution, effectively; and did not provide Inc. (n/k/a FINRA Dispute Resolution, guidance on how the dispositive motion 100 F Street, NE., Washington, DC 20549–1090. Inc.) filed with the Securities and rule and noncompliance with the rule Exchange Commission (‘‘Commission’’) should be handled in its arbitration All submissions should refer to File pursuant to Section 19(b)(1) of the forum. Because the comments indicated Number SR–FINRA–2007–021. This file Securities Exchange Act of 1934 (the that these positions were unclear, number should be included on the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 a FINRA withdrew the prior proposal and subject line if e-mail is used. To help the proposed rule change to amend the filed this new proposal to replace it. Commission process and review your definition of ‘‘public arbitrator’’ in the comments more efficiently, please use NASD’s Code of Arbitration Procedure 2006 (‘‘Davis Letter’’); James D. Keeney, Esq., James only one method. The Commission will for Customer Disputes (‘‘Customer D. Keeney, P.A., dated October 5, 2006 (‘‘Keeney post all comments on the Commission’s Code’’) and Code of Arbitration Letter’’); Jorge A. Lopez, Esq., dated October 5, 2006 Internet Web site (http://www.sec.gov/ (‘‘Lopez Letter’’); Michael B. Lynch, Esq., Levin Procedure for Industry Disputes Papantonio Thomas Mitchell Echsner & Proctor rules/sro.shtml). Copies of the (‘‘Industry Code’’).3 The proposed rule P.A., dated October 5, 2006 (‘‘Lynch Letter’’); John submission, all subsequent change was published for comment in Miller, Esq., dated October 10, 2006 (‘‘Miller amendments, all written statements the Federal Register on July 17, Letter’’); Jenice L. Malecki, Esq., dated October 11, with respect to the proposed rule 2006 (‘‘Malecki Letter’’); Stuart Meissner, Esq., The Law Offices of Stuart D. Meissner LLC, dated change that are filed with the 18 17 CFR 200.30–3(a)(12). October 13, 2006 (‘‘Meissner Letter’’); Howard Commission, and all written 1 15 U.S.C. 78s(b)(1). Rosenfield, Esq., Law Offices of Howard M communications relating to the 2 17 CFR 240.19b–4. Rosenfield, dated December 12, 2006 (‘‘Rosenfield proposed rule change between the 3 On July 26, 2007, the Commission approved a Letter’’); Richard P. Ryder, Esq., Securities Commission and any person, other than proposed rule change filed by NASD to amend Arbitration Commentator, dated June 16, 2007 NASD’s Certificate of Incorporation to reflect its (‘‘Ryder Letter’’); and Bryan Lantagne, Chair, North those that may be withheld from the name change to Financial Industry Regulatory American Securities Administrators Association, public in accordance with the Authority Inc., or FINRA, in connection with the Inc. Broker-Dealer Arbitration Project Group, dated provisions of 5 U.S.C. 552, will be consolidation of the member firm regulatory July 19, 2006 (‘‘NASAA Letter’’)(submitted as available for inspection and copying in functions of NASD and NYSE Regulation, Inc. See comment on SR–NASD–2003–158). Securities Exchange Act Release No. 56146 (July 26, 16 See, e.g., Estell, Finer, and Woska Letters. the Commission’s Public Reference 2007). In connection with this name change, NASD 17 See, e.g., Ledbetter, Schultz and Torngren Room, 100 F Street, NE., Washington, Dispute Resolution became FINRA Dispute Letters. DC 20549, on official business days Resolution, Inc. (‘‘FINRA Dispute Resolution’’).

VerDate Aug<31>2005 18:11 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15026 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

2007.4 The Commission received 62 and FINRA’s response to the • Increased from three years to five comments on the proposed rule change 5 comments.6 years the period for transitioning from a non-public to public arbitrator after I. Description of the Proposed Rule 4 See Securities Exchange Act Release No. 56039 leaving the securities industry. (July 10, 2007), 72 FR 39110 (July 17, 2007). Change • Clarified that the term ‘‘retired’’ 5 Comment letters were submitted by Philip M. FINRA Dispute Resolution, Inc. from the industry includes anyone who Aidikoff, Esq., Attorney, dated July 17, 2007 proposes to amend the Customer Code (‘‘Aidikoff Letter’’); Professor Seth E. Lipner, spent a substantial part of his or her Zicklin School of Business, Baruch College, dated and the Industry Code to amend the career in the industry. July 23, 2007 (‘‘Lipner Letter’’); Steven B. Caruso, definition of public arbitrator to add an • Prohibited anyone who has been Esq., President, Public Investors Arbitration Bar annual revenue limitation. In discussing associated with the industry for at least Association, dated July 23, 2007 (‘‘PIABA Letter’’), the proposed rule change, FINRA stated William S. Shepherd, Esq., Founder, Shepherd, 20 years from ever becoming a public Smith & Edwards, LLP, dated July 24, 2007 that it and its predecessor NASD had arbitrator, regardless of how long ago (‘‘Shepherd Letter’’); Richard Layne, dated July 25, taken numerous steps in recent years to the association ended. 2007 (‘‘Layne Letter’’); Dale Ledbetter, Ledbetter ensure the integrity and neutrality of the • Excluded from the public arbitrator Associates, dated July 25, 2007 (‘‘Ledbetter Letter’’); roster attorneys, accountants, or other Jeffrey B. Kaplan, Esq., Dimond Kaplan Rothstein, forum’s arbitrator roster by addressing P.A., dated July 25, 2007 (‘‘Kaplan Letter’’); Charles classification of arbitrators. For professionals whose firms have derived C. Mihalek, Esq., dated July 25, 2007 (‘‘Mihalek example, in August 2003, NASD 10 percent or more of their annual Letter’’); Daniel A. Ball, Esq., Ball Law Offices, proposed changes to Rules 10308 and revenue in the previous two years from dated July 25, 2007 (‘‘Ball Letter’’); Stuart D. clients involved in securities-related Meissner, Esq., Law Offices of Stuart D. Meissner 10312 of the Code of Arbitration LLC, dated July 25, 2007 (‘‘Meissner Letter’’); Adam Procedure (‘‘Code’’) to modify the activities. S. Doner, Esq., dated July 25, 2007 (‘‘Doner Letter’’); definitions of public and non-public The proposal was approved by the Jay H. Salamon, Esq., Hermann Cahn & Schneider arbitrators to further prevent individuals Commission on April 16, 2004, and LLP, dated July 25, 2007 (‘‘Salamon Letter’’); Robert became effective on July 19, 2004.8 W. Goehring, Esq., dated July 25, 2007 (‘‘Goehring with significant ties to the securities Letter’’); Barry D. Estell, dated July 25, 2007 (‘‘Estell industry from serving as public On July 22, 2005, NASD proposed Letter’’); Steve A. Buchwalter, Esq., Law Offices of arbitrators.7 The 2003 proposal: further amendments to Rule 10308 of Steve A. Buchwalter, P.C., dated July 25, 2007 the Code relating to arbitrator (‘‘Buchwalter Letter’’); Charles W. Austin, Jr., dated Law Offices of Debra G. Speyer, dated August 8, classification to prevent individuals July 25, 2007 (‘‘Austin Letter’’); Les Greenberg, Esq., 2007 (‘‘Speyer Letter’’); Dawn R. Meade, Esq., The Law Offices of Les Greenberg, dated July 27, 2007 with certain indirect ties to the Spencer Law Firm, dated August 9, 2007 (‘‘Meade (‘‘Greenberg Letter’’); Jeffrey A. Feldman, Esq., Law securities industry from serving as Letter’’); Scott C. Ilgenfritz, Esq., dated August 8, Offices of Jeffrey A. Feldman, dated July 27, 2007 2007 (‘‘Ilgenfritz Letter’’); Eliot Goldstein, Esq., public arbitrators. Specifically, NASD (‘‘Feldman Letter’’); Frederick W. Rosenberg, Esq., Partner, Law Offices of Eliot Goldstein, LLP, dated proposed to amend the definition of dated July 30, 2007 (‘‘Rosenberg Letter’’); W. Scott August 9, 2007 (‘‘Goldstein Letter’’); Howard Greco, Esq., Greco & Greco, P.C., dated July 31, 2007 public arbitrator to exclude individuals Rosenfield, Esq., Law Offices of Howard Rosenfield, (‘‘Greco Letter’’); Bryan J. Lantagne, Esq., Director, who work for, or are officers or directors dated August 10, 2007 (‘‘Rosenfield Letter’’); Scott Massachusetts Securities Division and Chair, R. Shewan, Esq., Born, Pape & Shewan LLP, dated of, an entity that controls, is controlled NASAA Arbitration Working Group, dated August August 13, 2007 (‘‘Shewan Letter’’); Joseph Fogel, by, or is under common control with, a 2, 2007 (‘‘NASAA Letter’’); Peter J. Mougey, Esq., Esq., Fogel & Associates, dated August 14, 2007 Beggs & Lane, dated August 3, 2007 (‘‘Mougey broker-dealer, or who have a spouse or (‘‘Fogel Letter’’); Donald M. Feferman, Esq., Donald Letter’’); Andrew Stoltmann, Esq., Stoltman Law immediate family member who works M. Feferman, P.C., dated August 16, 2007 Offices, P.C., dated August 6, 2007 (‘‘Stoltman (‘‘Feferman Letter’’); Gail E. Boliver, Esq., Boliver for, or is an officer or director of, an Letter’’); Robert C. Port, Esq., Cohen Goldstein Port Law Firm, dated August 19, 2007 (‘‘Boliver Letter’’); entity that is in such a control & Gottlieb, LLP, dated August 6, 2007 (‘‘Port Stephen P. Meyer, Esq., Meyer & Ford, dated Letter’’); James D. Keeney, Esq., James D. Keeney, relationship with a broker-dealer. NASD August 20, 2007 (‘‘Meyer Letter’’); Jan Graham, Esq., P.A., dated August 6, 2007 (‘‘Keeney Letter’’); Herb also proposed to amend Rule 10308 to Graham Law Offices, dated August 20, 2007 Pounds, Esq., Herbert E. Pounds, Jr., P.C., dated (‘‘Graham Letter’’); John E. Sutherland, Esq., dated clarify that individuals registered August 6, 2007 (‘‘Pounds Letter’’); John Miller, Esq., August 20, 2007 (‘‘Sutherland Letter’’); Ronald M. through broker-dealers may not be Swanson Midgley LLC, dated August 6, 2007 Amato, Esq., Shaheen, Novoselsky, Staat, (‘‘Miller Letter’’); Janet K. DeCosta, Esq., dated public arbitrators, even if they are also Filipowski & Eccleston, P.C, dated August 21, 2007 August 6, 2007 (‘‘DeCosta Letter’’); Milton H. Fried, (‘‘Amato Letter’’); James J. Eccleston, Esq., Shaheen, employed by a non-broker-dealer (such Jr., Esq., dated August 6, 2007 (‘‘Fried Letter’’); Novoselsky, Staat, Filipowski & Eccleston, P.C, as a bank). This rule filing was approved Laurence S. Schultz, Esq., Driggers, Schultz & dated August 21, 2007 (‘‘Eccleston Letter’’); J. L. Herbst, dated August 6, 2007 (‘‘Schultz Letter’’); by the Commission on October 16, 2006, Spray, Esq., Mattson, Ricketts, Davies, Stewart & Mark A. Tepper, Esq., President, Mark A. Tepper, and became effective on January 15, Calkins, dated August 21, 2007 (‘‘Spray Letter’’); P.A., dated August 6, 2007 (‘‘Tepper Letter’’); 9 Randall R. Heiner, Esq., Heiner Law Offices, dated 2007. Leonard Steiner, dated August 6, 2007 (‘‘Steiner August 23, 2007 (‘‘Heiner Letter’’). During the time that the changes Letter’’); William P. Torngren, Esq., dated August 6, 2007 (‘‘Torngren Letter’’); Richard A. Lewins, Esq., The public file for the proposal, which includes discussed above were being made, Special Counsel, Burg Simpson Eldredge Hersh & comment letters received on the proposal, is located NASD also had pending at the Jardine P.C., dated August 7, 2007 (‘‘Lewins at the Commission’s Public Reference Room located Commission a 2003 proposal to amend Letter’’); Jonathan W. Evans, Esq., Jonathan W. at 100 F Street, NE., Washington, DC 20549. The the Code to reorganize the rules into the Evans & Associates, dated August 7, 2007 (‘‘Evans comment letters are also available on the Letter’’); Kathleen H. Gorr, Esq., dated August 7, Commission’s Internet Web site (http:// 2007 (‘‘Gorr Letter’’); Martin L. Feinberg, Esq., dated www.sec.gov/rules/sro.shtml). that arbitrations are in fact neutral and fair.’’ This August 8, 2007 (‘‘Feinberg Letter’’); Dave Liebrader, 6 See Letter from Mignon McLemore, Assistant proposal implemented the recommendations of the Esq., dated August 8, 2007 (‘‘Liebrader Letter’’); Chief Counsel, FINRA Dispute Resolution, to Nancy Perino Report and made several other related Steven M. McCauley, Esq., dated August 8, 2007 M. Morris, Secretary, Commission, dated January changes to the definitions of public and non-public (‘‘McCauley Letter’’); David Harrison, dated August 17, 2008 (‘‘FINRA Response’’). arbitrators that were consistent with the Perino 8, 2007 (‘‘Harrison Letter’’); Rob Bleecher, Esq., 7 In July 2002, the Commission retained Professor Report recommendations. The Perino Report is dated August 8, 2007 (‘‘Bleecher Letter’’); Thomas Michael Perino to assess the adequacy of arbitrator available at http://www.sec.gov/pdf/arbconflict.pdf. C. Wagner, Esq., Van Deusen & Wagner L.L.C., disclosure requirements at the NASD and at the 8 See Securities Exchange Act Release No. 49573 dated August 8, 2007 (‘‘Wagner Letter’’); Carl J. New York Stock Exchange (‘‘NYSE’’). Professor (April 16, 2004), 69 FR 21871 (April 22, 2004) (SR– Carlson, Esq., Carlson & Dennett, P.S., dated August Perino’s report (‘‘Perino Report’’) concluded that NASD–2003–95) (approval order). The changes 8, 2007 (‘‘Carlson Letter’’); Robert S. Banks, Jr., Esq., undisclosed conflicts of interest were not a were announced in Notice to Members 04–49 (June The Banks Law Office, P.C., dated August 8, 2007 significant problem in arbitrations sponsored by 2004). (‘‘Banks Letter’’); Jeffrey S. Kruske, Esq., Law Office self-regulatory organizations (‘‘SROs’’), such as 9 See Securities Exchange Act Release No. 54607 of Jeffrey S. Kruske, P.A., dated August 8, 2007 NASD and the NYSE. However, the Perino Report (October 16, 2006), 71 FR 62026 (Oct. 20, 2006) (‘‘Kruske Letter’’); Mitchell S. Ostwald, Esq., The recommended several amendments to SRO (SR–NASD–2005–094) (approval order). The Law Offices of Mitchell S. Ostwald, dated August arbitrator classification and disclosure rules that changes were announced in Notice to Members 06– 8, 2007 (‘‘Ostwald Letter’’); Debra G. Speyer, Esq., might ’’provide additional assurance to investors 64 (November 2006).

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15027

Customer Code, the Industry Code, and 12100(p)(1) of the Customer Code or members of the securities industry a separate code for mediation. The final Rule 13100(p)(1) of the Industry Code involving customer disputes, while provisions of this proposal were relating to any customer disputes simultaneously maintaining the approved by the Commission on January concerning an investment account or integrity of the public arbitrator roster.18 24, 2007, and became effective on April transaction, including but not limited Many commenters also argued that 16, 2007.10 Several substantive changes to, law firm fees, accounting firm fees, 13 the proposed $50,000 annual revenue to the Customer and Industry Codes and consulting fees. limitation should not be limited to FINRA stated that the proposed affected the classification of professional services related to customer arbitrators 11 and how they are selected amendment, in conjunction with the disputes concerning an investment for panels.12 existing 10 percent revenue limitation,14 Despite these changes to the arbitrator would further improve its public account or transaction and instead classification rules, some users of the arbitrator roster by ensuring that should include all professional services forum continued to voice concerns arbitrators whose firms receive a rendered by the arbitrator’s firm to a 19 about individuals serving as public significant amount of compensation firm or associated person. FINRA arbitrators when they have business from any persons or entities associated responded that the annual revenue relationships with entities that derive with or engaged in the securities, limitation should be restricted to the income from broker-dealers. For commodities, or futures business are provision of those services, such as example, an arbitrator classified as removed from the public roster.15 defense work in a customer dispute, that public might work for a very large law are closely related to matters that II. Summary of Comments and FINRA’s firm that derives less than 10% of its arbitrators would be deciding in an Response annual revenue from broker-dealer arbitration proceeding and, therefore, clients, but still receives a large dollar The Commission received 62 might affect the arbitrator’s amount of such revenue. Concern comment letters.16 Many of the impartiality.20 Moreover, FINRA stated focuses primarily on a law firm’s commenters raised common issues and that expanding the proposed annual defense of action (in arbitration or shared the same views on these issues, revenue limitation to include all litigation) by customers of broker- regardless of whether they supported or services could result in the removal of dealers, and not on its representation of opposed the proposal overall. In experienced, competent public broker-dealers in underwriting or other particular, a majority of the commenters arbitrators from their roster.21 activities. Some recommended that argued that arbitrators should not be Several commenters expressed doubt there be an annual dollar limitation of classified as public arbitrators under the regarding FINRA’s ability to monitor $50,000 on revenue from broker-dealers rule if they are attorneys, accountants or and enforce the $50,000 annual revenue relating to customer disputes with a other professionals whose firms receive limitation.22 FINRA responded that brokerage firm or associated person any compensation or revenue from the 17 because arbitrators must continually concerning an investment account. securities industry. FINRA responded update their disclosure reports and, that the proposed $50,000 annual In response to these when selected to serve on a case, must revenue limitation would reasonably recommendations, FINRA proposed to complete a checklist and take an oath narrow the definition of public amend the definition of public arbitrator confirming that the arbitrator’s arbitrator, removing from the public in Rule 12100(u) of the Customer Code disclosures are true and complete, the arbitrator pool those arbitrators whose and Rule 13100(u) of the Industry Code procedures are sufficient.23 to add a provision that would prevent firms derive substantial revenue from an attorney, accountant, or other providing professional services to One commenter suggested that a professional from being classified as a ‘‘cooling off’’ period be implemented public arbitrator, if the person’s firm 13 Rule 12100(p) defines ‘‘non-public arbitrator.’’ after the annual revenue limitation no derived $50,000 or more in annual Paragraph (1) of the rule states, in relevant part, that longer applies and before a person can the term ‘‘non-public arbitrator’’ means a person serve as a public arbitrator.24 The revenue in the past two years from who is otherwise qualified to serve as an arbitrator professional services rendered to any and is or, within the past five years, was: (A) commenter noted that this concept is persons or entities listed in Rule associated with, including registered through, a applied to individuals who have been broker or a dealer (including a government out of the securities industry for fewer securities broker or dealer or a municipal securities 10 than five years by assigning them to the See Securities Exchange Act Release No. 51856 dealer); (B) registered under the Commodity 25 (June 15, 2005), 70 FR 36442 (June 23, 2005) (SR– Exchange Act; (C) a member of a commodities non-public arbitrator pool. FINRA NASD–2003–158) (notice); Securities Exchange Act exchange or a registered futures association; or (D) responded that there is a distinction Release No. 51857 (June 15, 2005), 70 FR 36430 associated with a person or firm registered under between individuals who work in the (June 23, 2005) (SR–NASD–2004–011) (notice); and the Commodity Exchange Act. Rule 13100(p) is the Securities Exchange Act Release No. 51855 (June same as Rule 12100(p). securities industry and individuals 15, 2005), 70 FR 36440 (June 23, 2005) (SR–NASD– 14 whose firms receive revenue for 2004–013) (notice). The changes were announced in See supra note 4. Under the July 2004 Notice to Members 07–07 (February 2007). amendments, a public arbitrator cannot be ‘‘an providing services to members of the attorney, accountant, or other professional whose 11 FINRA believes the new codes have improved firm derived 10 percent or more of its annual the arbitrator selection process by creating and 18 See FINRA Response. revenue in the past 2 years from any persons or maintaining a new roster of arbitrators who are 19 See NASAA, PIABA, Meade, Ilgenfritz, qualified to serve as chairpersons. The chair roster entities listed in Rules 12100(p)(1) and 13100(p)(1) of the new Codes.’’ Liebrader, Gorr, Pounds, Keeney, Fried, Estell, consists of more experienced arbitrators available Heiner, DeCosta, Schultz, Evans, Wagner, Ostwald, 15 FINRA will survey its public arbitrators to on FINRA’s public arbitrator roster for all investor Kruske, Carlson, Port, Stotman, Graham, Feferman, determine which arbitrators will be removed from cases and for certain intra-industry cases. For other and Rosenfield Letters. the roster for appointment to new cases upon the industry cases, the Customer Code and Industry 20 See FINRA Response. Code also create a chair roster of experienced non- effective date of the proposed rule. 21 See id. public arbitrators. See Rules 12400(b) and (c) of the 16 See supra, note 5. 22 Customer Code and Rules 13400(b) and (c) of the 17 See Speyer, Goehring, Doner, Ledbetter, See PIABA, Speyer, Liebrader, Heiner, Industry Code. Aidikoff, Meissner, Boliver, Meyer, Lewins, Goldtein, Schultz, Evans, Wagner, Ostwald, 12 The Customer Code and Industry Code also Harrison, McCauley, Torngren, Ball, Feinberg, Feinberg, Tepper, Graham, Feferman, and Feldman change how arbitrator lists are generated and how Tepper, Sutherland, Fogel, Bleecher, Steiner, Letters. arbitrators are selected for a panel. See Rules 12403 Miller, Mihalek, Kaplan, Lipner, Shepherd, Layne, 23 See FINRA Response. and 12404 of the Customer Code and Rules 13403 Salamon, Buchwalter, Feldman, Shewan, and 24 See Feinberg Letter. and 13404 of the Industry Code. Mougey Letters. 25 See id.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15028 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

industry.26 In the case of individuals proposed rule change (SR–NASD–2007– Form No’s: 1050. who worked in the industry, FINRA 021) be, and hereby is, approved. Frequency: On Occasion. indicated that a five-year ‘‘cooling off’’ For the Commission, by the Division of Description of Respondents: Lenders period is appropriate, as such Trading and Markets, pursuant to delegated requesting SBA to provide the Agency individuals might maintain close authority.32 with breakdown of payments. relationships with staff at their former Florence E. Harmon, Responses: 36,000. 27 firms. FINRA stated that the potential Deputy Secretary. Annual Burden: 27,000. for such bias is less likely to exist for [FR Doc. E8–5572 Filed 3–19–08; 8:45 am] Title: Lenders Transcript of Account. individuals whose firms receive a de BILLING CODE 8011–01–P OMB Control Number: 3245–0136. minimis amount of annual revenue for Form No: 1149. providing services to members of the Frequency: On Occasion. securities industry and, therefore, that a SMALL BUSINESS ADMINISTRATION Description of Respondents: SBA similar ‘‘cooling off’’ period should not Lenders. 28 be required. Reporting and Recordkeeping Responses: 3,600. Finally, numerous commenters Requirements Under OMB Review Annual Burden: 3,600. argued that the requirement that a non- Title: Quarterly Reports file by AGENCY: Small Business Administration. public arbitrator be a member of a three- Grantees of the Drug Free Workplace person panel involving a customer ACTION: Notice of Reporting 29 Program. dispute should be eliminated. FINRA Requirements Submitted for OMB OMB Control Number: 3245–0353. indicated that these comments are Review. Form No: N/A. outside the scope of the rule filing Frequency: On Occasion. because it is not amending the SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. Description of Respondents: Eligible provisions of the Codes that address this Intermediaries who have received a issue. Chapter 35), agencies are required to submit proposed reporting and Drug Free Workplace Program grant. III. Discussion recordkeeping requirements to OMB for Responses: 52. Annual Burden: 1,344. After careful review, and review and approval, and to publish a consideration of commenters’ views and notice in the Federal Register notifying Title: High-Tech Immigrant the FINRA Response, the Commission the public that the agency has made Entrepreneurship in the U.S. finds that the proposed rule change is such a submission. OMB Control Number: New consistent with the requirements of the DATES: Submit comments on or before Collection. Act and the rules and regulations April 21, 2008. If you intend to Form No: N/A. thereunder applicable to a national comment but cannot prepare comments Frequency: On Occasion. securities association.30 In particular, promptly, please advise the OMB Description of Respondents: Small the Commission finds that the proposed Reviewer and the Agency Clearance Businesses and Entrepreneurs. rule change is consistent with the Officer before the deadline. Responses: 1,000. Annual Burden: 167. provisions of Section 15A(b)(6) of the COPIES: Request for clearance (OMB 83– Act, which requires, among other 1), supporting statement, and other Jacqueline White, things, that rules of a national securities documents submitted to OMB for Chief, Administrative Information Branch. association be designed to prevent review may be obtained from the [FR Doc. E8–5616 Filed 3–19–08; 8:45 am] fraudulent and manipulative acts and Agency Clearance Officer. BILLING CODE 8025–01–P practices, to promote just and equitable ADDRESSES: Address all comments principles of trade, and, in general, to concerning this notice to: Agency protect investors and the public interest. Clearance Officer, Jacqueline White, SMALL BUSINESS ADMINISTRATION The Commission believes that the Small Business Administration, 409 3rd [Disaster Declaration # 11167 and # 11168] proposed rule change meets this Street, SW., 5th Floor, Washington, DC standard by removing from the pool of 20416; and OMB Reviewer, Office of Tennessee Disaster Number TN–00018 public arbitrators those individuals Information and Regulatory Affairs, whose firms receive a significant Office of Management and Budget, New AGENCY: U.S. Small Business amount of compensation for service on Executive Office Building, Washington, Administration. matters closely related to those that DC 20503. ACTION: Amendment 3. arbitrators consider during arbitration FOR FURTHER INFORMATION CONTACT: proceedings. Jacqueline White, Agency Clearance SUMMARY: This is an amendment of the IV. Conclusion Officer, (202) 205–7044. Presidential declaration of a major disaster for the State of Tennessee SUPPLEMENTARY INFORMATION: Title: It is therefore ordered, pursuant to (FEMA–1745–DR), dated 02/07/2008. Section 19(b)(2) of the Act,31 that the Surety Bond Guarantee Assistance. OMB Control Number: 3245–0007. Incident: Severe Storms, Tornadoes, Form No’s: 990, 991, 994, 994B, 994F Straight-Line Winds, and Flooding. 26 See FINRA Response. and 994H. Incident Period: 02/05/2008 through 27 See id. (citing Rule 12100(p)(1) of the Customer Frequency: On Occasion. 02/06/2008. Code and Rule 13100(p)(1) of the Industry Code). Effective Date: 03/10/2008. 28 See id. Description of Respondents: Surety 29 See NASAA, Pounds, Fried, Estell, Goldstein, Bond Companies. Physical Loan Application Deadline Banks, Harrison, McCauley, Torngren, Feinberg, Responses: 31,113. Date: 04/07/2008. Sutherland, Spray and Salamon Letters. Annual Burden: 2,012. EIDL Loan Application Deadline Date: 30 In approving this proposed rule change, the 11/07/2008. Commission notes that it has considered the Title: Settlement Sheet. proposed rule’s impact on efficiency, competition, OMB Control Number: 3245–0201. ADDRESSES: Submit completed loan and capital formation. See 15 U.S.C. 78c(f). applications to: U.S. Small Business 31 15 U.S.C. 78s(b)(2). 32 17 CFR 200.30–3(a)(12). Administration, Processing and

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15029

Disbursement Center, 14925 Kingsport respect for diversity, civil society, and semester and year-long exchanges to Road, Fort Worth, TX 76155. mutual understanding. We expect that selected pilot countries with significant FOR FURTHER INFORMATION CONTACT: A. most students will be placed in host Muslim populations. The program seeks Escobar, Office of Disaster Assistance, families, but will consider alternative to support students with leadership U.S. Small Business Administration, housing arrangements, such as potential, and to develop their 409 3rd Street, SW., Suite 6050, dormitories. Alternative arrangements leadership skills during the Washington, DC 20416. must include daily adult resident international exchange and after. The overarching goals of the program SUPPLEMENTARY INFORMATION: The notice supervision that ensures the security of of the Presidential disaster declaration participants and be combined with brief are to: 1. Promote better understanding by for the State of Tennessee, dated 02/07/ home stays. In either case, the student American youth about selected 2008 is hereby amended to include the must be ensured his or her own bed. countries and their society, people, following areas as adversely affected by The exchange programs will take place between January 2009 and June 2010, institutions, values and culture; the disaster: 2. Foster lasting personal ties; Primary Counties: and we anticipate that recruitment and planning will take place during the 3. Enhance foreign audiences’ Mcnairy, Tipton, Wayne. understanding of American culture; Contiguous Counties: summer/early fall of 2008. We anticipate funding approximately four 4. Expose program participants to Arkansas: Mississippi. leadership development opportunities Tennessee: Lauderdale. cooperative agreements for a total of fifty students and $1,000,000. The YES and enhancement activities; All other information in the original Abroad program builds on a tradition 5. Increase the capacity of the declaration remains unchanged. established by the YES program that has exchange infrastructure in participating (Catalog of Federal Domestic Assistance brought high school students from countries to engage youth in activities Numbers 59002 and 59008) countries with significant Muslim that advance mutual understanding, respect for diversity, and civil society. Herbert L. Mitchell, populations to the United States each Associate Administrator for Disaster year since 2003. For more information Note: In a Cooperative Agreement, the Assistance. about the YES program please refer to Bureau program office (ECA/PE/C/PY—the Youth Programs Division) and through it, [FR Doc. E8–5615 Filed 3–19–08; 8:45 am] the Web site: http:// www.exchanges.state.gov/education/ U.S. Embassies abroad, are substantially BILLING CODE 8025–01–P citizens/students/programs/yes.htm. involved in the program activities outlined above and beyond routine grant monitoring. I. Funding Opportunity Description ECA program office and U.S. Embassy DEPARTMENT OF STATE activities and responsibilities for this Authority program are as follows: [Public Notice 6141] Overall cooperative agreement making • The recipient will be responsible Bureau of Educational and Cultural authority for this program is contained for overall development and Affairs (ECA) in the Mutual Educational and Cultural implementation of all aspects of its Exchange Act of 1961, Public Law 87– proposed program in consultation with Request for Grant Proposals: Youth 256, as amended, also known as the ECA and the host country’s U.S. Exchange and Study (YES) Abroad Fulbright-Hays Act. The purpose of the Embassy. Program. Act is ‘‘to enable the Government of the • ECA will determine the priority or Announcement Type: New United States to increase mutual target countries for hosting of program Cooperative Agreement. understanding between the people of participants, in consultation with the Funding Opportunity Number: ECA/ the United States and the people of U.S. Embassies. PE/C/PY–08–11. other countries * * *; to strengthen the • Recipients will be responsible for Catalog of Federal Domestic ties which unite us with other nations using a standardized screening process Assistance Number: 00.000. by demonstrating the educational and in the selection of host families and for Application Deadline: May 15, 2008. cultural interests, developments, and consulting about their proposed achievements of the people of the Executive Summary placement locations (neighborhoods, United States and other nations * * * regions) with the Public Affairs Section The Office of Citizen Exchanges of the and thus to assist in the development of (PAS) of U.S. Embassy. Bureau of Educational and Cultural friendly, sympathetic and peaceful • The ECA program office will review Affairs announces an open competition relations between the United States and proposed school and host family for cooperative agreements to support the other countries of the world.’’ The placement or alternate housing exchange programs and relationship funding authority for the program above arrangement plans per criteria set building between American high school is provided through legislation. Funding forward in the POGI for each program students and those who have just will be provided from the FY 2007 participant before final arrangements are graduated, and host communities in Supplemental Appropriation (Pub. L. made. selected countries with significant 110–28) carried over into FY 2008 for General Responsibilities Muslim populations. Through these obligation. cooperative agreements the Bureau will Applicants may enter into consortia fund a pilot exchange program for Purpose or sub-cooperative agreement recipients to recruit and select The Youth Exchange and Study (YES) arrangements with other foreign or U.S. American students, and enroll them in Abroad program is designed to foster a domestic organizations to cover all secondary schools for an academic global community of shared interests facets of programming in the United semester or year of study in a foreign and values developed through better States and the host country. Sub- country currently participating in the mutual understanding via first-hand cooperative agreement arrangements Youth Exchange and Study (YES) participation of high school students or with partners that have responsibility program, incorporating themes for those who have just graduated from the for critical components of the program enhancement activities that promote United States, aged 15–19, in academic (for example, recruitment or placement)

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15030 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

must have a recent record of work with • To expose students to opportunities Proposals should provide the primary recipient. Applicants and for volunteerism and community implementation plans by country for their partners should outline their service. school enrollment, host family project team’s capacity for doing • To encourage students to share their screening and placement, cultural projects of this nature, focusing on four culture, lifestyle and traditions with enrichment activities, and student areas of competency: (1) Provision of local citizens throughout their stay and support. program support to American students, especially during International II. Award Information (2) age-appropriate leadership and Education Week. cultural programming, (3) alumni • To provide students with Type of Award: New Cooperative tracking and programming, and (4) leadership training and opportunities Agreement. experience working with individuals that will foster leadership skills and Fiscal Year Funds: FY–2007 development. Supplemental Funds carried over into from the proposed host countries. • Responsibilities are listed below: To provide activities that will FY–2008 for obligation. • To recruit and select a diverse increase and enhance students’ Approximate Total Funding: group of American high school students appreciation of the importance of $1,000,000. and those who have just graduated and tolerance and respect for the views, Approximate Number of Awards: 4. beliefs, and practices of a diverse world. Approximate Average Award: place them in overseas schools that are • accredited by the respective Ministry of To provide enhancement activities $250,000. Education or other internationally including, but not limited to, language Floor of Award Range: $100,000. recognized accrediting body for at least training and integrated projects with Ceiling of Award Range: $500,000. one academic semester or one full year. Youth Exchange and Study (YES) Anticipated Award Date: May 30, • To provide pre-departure, mid- inbound program alumni who have 2008. program, and re-entry orientations to returned from the U.S. to their home Anticipated Project Completion Date: prepare student participants. countries. Applicants will work with 09/31/2011. • To provide program materials and ECA to develop strategies to identify III. Eligibility Information orientations to host families and and work with these alumni. • schools. To develop alumni databases and III.1. Eligible applicants: Applications • To provide for all student foreign create alumni programs giving may be submitted by public and private and domestic travel. opportunities for returning students to non-profit organizations meeting the • To provide students with qualified, incorporate their knowledge and skills provisions described in Internal screened, and well-motivated host into service in their home communities. Revenue Code section 26 U.S.C. 501(c)(3). families. With justification, proposals Eligible Countries may include reasonable living III.2. Cost Sharing or Matching Funds: allowances to cover costs associated The eligible countries at the time of There is no minimum or maximum with hosting a student. publication of this RFGP are: Bahrain, percentage required for this • To provide students with monthly Egypt, Ghana, India, Indonesia, competition. However, the Bureau stipends (pocket money) based on each Malaysia, Mali, Morocco, Oman, encourages applicants to provide host country’s local economy. Tanzania, Thailand, or Turkey. The maximum levels of cost sharing and • To provide participants with Bureau reserves the right to amend or funding in support of its programs. intensive language training required in modify this list of eligible countries When cost sharing is offered, it is the host country for at least the first should conditions change in the host understood and agreed that the three months of the exchange, and for country or if other countries are applicant must provide the amount of the duration of the program, if needed, identified as priorities after publication cost sharing as stipulated in its proposal to ensure the social and academic of this RFGP. Should an applicant have and later included in an approved success of every student. questions in regards to a country on this cooperative agreement. Cost sharing • To provide students with a local list, please see Section IV.1 for contact may be in the form of allowable direct representative on whom the student information. or indirect costs. For accountability, you may call for resolution of any cultural, Applicants may submit proposals to must maintain written records to academic, or other adjustment issues. send students to one or more of these support all costs which are claimed as This person must be an English-speaker countries. An applicant must propose your contribution, as well as costs to be that is either an American or a host no fewer than five (5) students per paid by the Federal government. Such country national with significant country. It is acknowledged that records are subject to audit. The basis experience living in the U.S. Students outbound American participants are not for determining the value of cash and should also be provided with an English governed by the same protections of the in-kind contributions must be in speaking emergency contact available at J–1 visa regulations governing exchange accordance with OMB Circular A–110, any time. students coming to the U.S.; therefore (Revised), Subpart C.23—Cost Sharing • To provide day-to-day monitoring for the safety and security of the and Matching. In the event you do not of the program and support of the American participants, it is a provide the minimum amount of cost students, preventing and dealing with requirement that an applicant must sharing as stipulated in the approved any participant issues that may arise. provide similar protections and budget, ECA’s contribution will be The Public Affairs Section (PAS) of the oversight traditionally afforded to reduced in like proportion. U.S. Embassy and the ECA Program inbound students under the U.S. J–1 III.3. Other Eligibility Requirements: Office representative should be visa regulations. In their proposals (a) Bureau cooperative agreement informed of health, safety and other applicants must describe in detail their guidelines require that organizations serious issues as soon as they arise. plans for screening, selection, with less than four years experience in • To expose students to local culture placement, orientation and monitoring conducting international exchanges be through enhancement activities that will procedures that will ensure this limited to $60,000 in Bureau funding. enable them to attain a broad view of requirement’s implementation. See ECA anticipates awarding cooperative the society and culture. section IV.3d.1 for further details. agreements of no less than $100,000 to

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15031

support program and administrative www.grants.gov. Please read all Exchange Visitor Programs for students costs required to implement this information before downloading. coming to the U.S. as set forth in 22 CFR exchange program. Therefore, IV.3. Content and Form of 62, for American participants traveling organizations with less than four years Submission: abroad, including screening and experience in conducting international Applicants must follow all selection of program participants and exchanges are ineligible to apply under instructions in the Solicitation Package. host families, provision of pre-arrival this competition. The Bureau The application should be submitted information and orientation to encourages applicants to provide per the instructions under IV.3f. participants, monitoring of participants, maximum levels of cost sharing and ‘‘Application Deadline and Methods of proper maintenance and security of funding in support of its programs. Submission’’ section below. forms, record-keeping, reporting and (b) Technical Eligibility: Proposals IV.3a. Your organization is required to other requirements. must offer full-time enrollment for one have a Dun and Bradstreet Data Please refer to Solicitation Package for semester or academic year in a school Universal Numbering System (DUNS) further information. accredited by the host country Ministry number to apply for a grant or A copy of the complete regulations of Education or other internationally cooperative agreement from the U.S. governing the administration of recognized accrediting body in the host Government. This number is a nine- Exchange Visitor (J) programs is country. Your proposal will be declared digit identification number, which available at http://exchanges.state.gov technically ineligible and given no uniquely identifies business entities. or from: United States Department of further consideration in the review Obtaining a DUNS number is easy and State, Office of Exchange Coordination process if this criterion is not met. there is no charge. To obtain a DUNS and Designation, ECA/EC/ECD—SA–44, number, access http:// 301 4th Street, SW., Room 734, IV. Application and Submission www.dunandbradstreet.com or call 1– Washington, DC 20547, Telephone: Information 866–705–5711. Please ensure that your (202) 203–5029, FAX: (202) 453–8640. DUNS number is included in the Note: Please read the complete IV.3d.2. Diversity, Freedom and appropriate box of the SF–424 which is announcement before sending inquiries or Democracy Guidelines submitting proposals. Once the RFGP part of the formal application package. deadline has passed, Bureau staff may not IV.3b. All proposals must contain an Pursuant to the Bureau’s authorizing discuss this competition with applicants executive summary, proposal narrative legislation, programs must maintain a until the proposal review process has been and budget. Please Refer to the non-political character and should be completed. Solicitation Package. It contains the balanced and representative of the IV.1. Contact Information to Request mandatory Proposal Submission diversity of American political, social, an Application Package: Instructions (PSI) document and the and cultural life. ‘‘Diversity’’ should be Please contact the Youth Programs Project Objectives, Goals and interpreted in the broadest sense and Division, ECA/PE/C/PY, Room 224, U.S. Implementation (POGI) document for encompass differences including, but Department of State, SA–44, 301 4th additional formatting and technical not limited to ethnicity, race, gender, Street, SW., Washington, DC 20547, (T) requirements. religion, geographic location, socio- 202–453–8170, IV.3c. You must have nonprofit status economic status, and disabilities. [email protected] to request a with the IRS at the time of application. Applicants are strongly encouraged to Solicitation Package. Please refer to the If your organization is a private adhere to the advancement of this Funding Opportunity Number ECA/PE/ nonprofit which has not received a grant principle both in program C/PY–08–11 located at the top of this or cooperative agreement from ECA in administration and in program content. announcement when making your the past three years, or if your Please refer to the review criteria under request. organization received nonprofit status the ‘Support for Diversity’ section for Alternatively, an electronic from the IRS within the past four years, specific suggestions on incorporating application package may be obtained you must submit the necessary diversity into your proposal. Public Law from grants.gov. Please see section IV.3f documentation to verify nonprofit status 104–319 provides that ‘‘in carrying out for further information. as directed in the PSI document. Failure programs of educational and cultural The Solicitation Package contains the to do so will cause your proposal to be exchange in countries whose people do Proposal Submission Instruction (PSI) declared technically ineligible. not fully enjoy freedom and document which consists of required IV.3d. Please take into consideration democracy,’’ the Bureau ‘‘shall take application forms, and standard the following information when appropriate steps to provide guidelines for proposal preparation. It preparing your proposal narrative: opportunities for participation in such programs to human rights and also contains the Project Objectives, IV.3d.1. Adherence to All Regulations democracy leaders of such countries.’’ Goals and Implementation (POGI) Governing the J Visa document, which provides specific Public Law 106–113 requires that the information, award criteria and budget While the students will not travel on governments of the countries described instructions tailored to this competition. J–1 visas, which are for foreign above do not have inappropriate Please specify Kevin Baker and refer exchange visitors to the United States, influence in the selection process. to the Funding Opportunity Number the Bureau of Educational and Cultural Proposals should reflect advancement of ECA/PE/C/PY–08–11 located at the top Affairs places critically important these goals in their program contents, to of this announcement on all other emphasis on the security and proper the full extent deemed feasible. inquiries and correspondence. administration of the Exchange Visitor (J IV.2. To Download a Solicitation visa) Programs and recipients and IV.3d.3. Program Monitoring and Package Via Internet: sponsors responsibilities to all Evaluation The entire Solicitation Package may regulations governing the J visa. Proposals must include a plan to be downloaded from the Bureau’s Web Therefore, proposals should monitor and evaluate the project’s site at http://exchanges.state.gov/ demonstrate the applicant’s plan to success, both as the activities unfold education/rfgps/menu.htm, or from the meet all similar requirements as those and at the end of the program. The Grants.gov Web site at http:// governing the administration of Bureau recommends that your proposal

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15032 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

include a draft survey questionnaire or experiences and new knowledge gained; (i.e., DHL, Federal Express, UPS, other technique plus a description of a continued contacts between Airborne Express, or U.S. Postal Service methodology to use to link outcomes to participants, community members, and Express Overnight Mail, etc.), or original project objectives. The Bureau others. (2) Electronically through http:// expects that the recipient will track Institutional changes, such as www.grants.gov. participants or partners and be able to increased collaboration and respond to key evaluation questions, partnerships, policy reforms, new Along with the Project Title, all including satisfaction with the program, programming, and organizational applicants must enter the above learning as a result of the program, improvements. Reference Number in Box 11 on the SF– changes in behavior as a result of the 424 contained in the mandatory Please note: Consideration should be given Proposal Submission Instructions (PSI) program, and effects of the program on to the appropriate timing of data collection institutions (institutions in which for each level of outcome. For example, of the solicitation document. participants work or partner satisfaction is usually captured as a short- IV.3f.1. Submitting Printed Applications institutions). The evaluation plan term outcome, whereas behavior and should include indicators that measure institutional changes are normally Applications must be shipped no later gains in mutual understanding as well considered longer-term outcomes. than the above deadline. Delivery as substantive knowledge. Overall, the quality of your services used by applicants must have Successful monitoring and evaluation monitoring and evaluation plan will be in-place, centralized shipping depend heavily on setting clear goals judged on how well it (1) specifies identification and tracking systems that and outcomes at the outset of a program. intended outcomes; (2) gives clear may be accessed via the Internet and Your evaluation plan should include a descriptions of how each outcome will delivery people who are identifiable by description of your project’s objectives, be measured; (3) identifies when commonly recognized uniforms and your anticipated project outcomes, and particular outcomes will be measured; delivery vehicles. Proposals shipped on how and when you intend to measure and (4) provides a clear description of or before the above deadline but these outcomes (performance the data collection strategies for each received at ECA more than seven days indicators). The more that outcomes are outcome (i.e., surveys, interviews, or after the deadline will be ineligible for ‘‘smart’’ (specific, measurable, focus groups). (Please note that further consideration under this attainable, results-oriented, and placed evaluation plans that deal only with the competition. Proposals shipped after the in a reasonable time frame), the easier first level of outcomes [satisfaction] will established deadlines are ineligible for it will be to conduct the evaluation. You be deemed less competitive under the consideration under this competition. should also show how your project present evaluation criteria.) ECA will not notify you upon receipt of objectives link to the goals of the Recipients will be required to provide application. It is each applicant’s program described in this RFGP. reports analyzing their evaluation responsibility to ensure that each Your monitoring and evaluation plan findings to the Bureau in their regular package is marked with a legible should clearly distinguish between program reports. All data collected, tracking number and to monitor/confirm program outputs and outcomes. Outputs including survey responses and contact delivery to ECA via the Internet. are products and services delivered, information, must be maintained for a Delivery of proposal packages may not often stated as an amount. Output minimum of three years and provided to be made via local courier service or in information is important to show the the Bureau upon request. person for this competition. Faxed scope or size of project activities, but it IV.3e. Please take the following documents will not be accepted at any cannot substitute for information about information into consideration when time. Only proposals submitted as progress towards outcomes or the preparing your budget: stated above will be considered. results achieved. Examples of outputs IV.3e.1. Applicants must submit a include the number of people trained or comprehensive budget for the entire Important note: When preparing your submission please make sure to include one the number of seminars conducted. program. Outcomes, in contrast, represent There must be a summary budget as extra copy of the completed SF–424 form and place it in an envelope addressed to ‘‘ECA/ specific results a project is intended to well as breakdowns reflecting both EX/PM’’. achieve and is usually measured as an administrative and program budgets by extent of change. Findings on outputs country. Applicants may provide The original and 6 copies of the and outcomes should both be reported, separate sub-budgets for each program application should be sent to: U.S. but the focus should be on outcomes. component, phase, location, or activity Department of State, Bureau of We encourage you to assess the to provide clarification. Educational and Cultural Affairs, SA– following four levels of outcomes, as IV.3e.2. Allowable costs for the 44, Ref.: ECA/PE/C/PY–08–11, Program they relate to the program goals set out program are described in detail in the Management, ECA/EX/PM, Room 534, in the RFGP (listed here in increasing POGI. 301 4th Street, SW., Washington, DC order of importance): Please refer to the Solicitation 20547. Participant satisfaction with the Package for complete budget guidelines program and exchange experience. and formatting instructions. Applicants submitting hard-copy Participant learning, such as IV.3F. Application Deadline and applications must also electronically increased knowledge, aptitude, skills, Methods of Submission: submit by e-mail to the program office and changed understanding and Application Deadline Date: May 15, the ‘‘Executive Summary’’ and attitude. Learning includes both 2008. ‘‘Proposal Narrative’’ sections of the substantive (subject-specific) learning Reference Number: ECA/PE/C/PY– proposal in Microsoft Word format, as and mutual understanding. 08–11. well as the ‘‘Budget’’ and ‘‘Budget Participant behavior, concrete actions Methods of Submission: Narrative’’ section in Microsoft Excel to apply knowledge in work or Applications may be submitted in one format. The Bureau will provide these community; greater participation and of two ways: files electronically to the appropriate responsibility in civic organizations; (1) In hard-copy, via a nationally Public Affairs Section(s) at the U.S. interpretation and explanation of recognized overnight delivery service embassies for their review.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15033

IV.3f.2. Submitting Electronic be deemed ineligible if they do not fully an institutional record of successful Applications adhere to the guidelines stated herein exchange programs, including Applicants have the option of and in the Solicitation Package. All responsible fiscal management and full submitting proposals electronically eligible proposals will be reviewed by compliance with all reporting through Grants.gov (http:// the program office, as well as the Public requirements for past Bureau grants and www.grants.gov). Complete solicitation Diplomacy section overseas, where cooperative agreements as determined packages are available at Grants.gov in appropriate. Eligible proposals will be by the Bureau’s Office of Contracts. The the ‘‘Find’’ portion of the system. Please subject to compliance with Federal and Bureau will consider the past follow the instructions available in the Bureau regulations and guidelines and performance of prior recipients and the ‘Get Started’ portion of the site (http:// forwarded to Bureau grant and demonstrated potential of new www.grants.gov/GetStarted). Several of cooperative agreement panels for applicants. the steps in the Grants.gov registration advisory review. Proposals may also be 3. Support of Diversity: Proposals process could take several weeks. reviewed by the Office of the Legal should demonstrate the recipient’s Adviser or by other Department Therefore, applicants should check with commitment to promoting the elements. Final funding decisions are at appropriate staff within their awareness and understanding of the discretion of the Department of organizations immediately after diversity. The applicant should include State’s Assistant Secretary for reviewing this RFGP to confirm or an assessment of how the proposal Educational and Cultural Affairs. Final determine their registration status with serves to promote diversity in such technical authority for assistance Grants.gov. Once registered, the amount areas as the selection of participants, awards for cooperative agreements of time it can take to upload an schools, host families, and exchange resides with the Bureau’s Grants Officer. application will vary depending on a program elements. variety of factors including the size of Review Criteria 4. Follow-on Activities: Proposals should provide a plan for continued the application and the speed of your Eligible proposals will be subject to internet connection. Therefore, we follow-on activity (without Bureau compliance with Federal and Bureau support) which insures that Bureau strongly recommend that you not wait regulations and guidelines and until the application deadline to begin supported programs are not isolated forwarded to Bureau grant and events. the submission process through cooperative agreement panels for Grants.gov. 5. Project Evaluation: Proposals advisory review. Proposals may also be should include a plan to evaluate the Direct all questions regarding reviewed by the Office of the Legal Grants.gov registration and submission activity’s success, both as the activities Adviser or by other Department unfold and at the end of the program. to: Grants.gov Customer Support, elements. Final funding decisions are at Contact Center Phone: 800–518–4726, The Bureau recommends that the the discretion of the Department of proposal include a draft survey Business Hours: Monday—Friday, 7 State’s Assistant Secretary for a.m.–9 p.m. EST; E-mail: questionnaire or other technique plus Educational and Cultural Affairs. Final description of a methodology to use to [email protected]. technical authority for assistance Applicants have until midnight (12 link outcomes to original project awards (grants or cooperative objectives. Award-receiving a.m.), Washington, DC time of the agreements) resides with the Bureau’s closing date to ensure that their entire organizations/institutions will be Grants Officer. The Bureau reserves the expected to submit intermediate reports application has been uploaded to the right to reduce, revise, or increase Grants.gov site. There are no exceptions after each project component is proposal budgets in accordance with the concluded or quarterly, whichever is to the above deadline. Applications needs of the program and availability of uploaded to the site after midnight of less frequent. funds. 6. Cost-effectiveness and Cost-sharing: the application deadline date will be The submission will be reviewed with The overhead and administrative automatically rejected by the grants.gov the following review criteria in mind: system, and will be technically 1. Quality of the program idea and components of the proposal, including ineligible. planning: Proposals should exhibit salaries and honoraria, should be kept Applicants will receive a originality, substance, precision, and as low as possible. All other items confirmation e-mail from grants.gov relevance to the Bureau’s mission. should be necessary and appropriate. upon the successful submission of an Detailed agenda and relevant work plan Proposals should maximize cost-sharing application. ECA will not notify you should demonstrate substantive through other private sector support as upon receipt of electronic applications. undertakings and logistical capacity, well as institutional direct funding It is the responsibility of all applicants and should adhere to the program contributions. 7. Value to U.S.-Partner Country submitting proposals via the Grants.gov overview and guidelines described Relations: Proposed programs should web portal to ensure that proposals have above. Objectives should be reasonable, receive positive assessments by the been received by Grants.gov in their feasible, and flexible. Proposals should Bureau’s geographic area desk and entirety, and ECA bears no clearly demonstrate how the institution overseas officers of program need, responsibility for data errors resulting will meet the program’s objectives and potential impact, and significance in the from transmission or conversion plan. processes. 2. Institutional Capacity and Track partner country(ies). IV.3g. Intergovernmental Review of Record: Proposed personnel and VI. Award Administration Information Applications: institutional resources should be Executive Order 12372 does not apply adequate and appropriate to achieve the VI.1a. Award Notices to this program. program or project’s goals. In-country Final awards cannot be made until V. Application Review Information organizations must demonstrate their funds have been appropriated by capacity to fully support and ensure the Congress, allocated and committed V.1. Review Process safety and well-being of the American through internal Bureau procedures. The Bureau will review all proposals participants throughout the duration of Successful applicants will receive an for technical eligibility. Proposals will their stay. Proposals should demonstrate Assistance Award Document (AAD)

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15034 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

from the Bureau’s Grants Office. The Instructions (IV.3.d.3) above for Program DEPARTMENT OF STATE AAD and the original cooperative Monitoring and Evaluation [Public Notice 6142] agreement proposal with subsequent information.) modifications (if applicable) shall be the All data collected, including survey Bureau of Educational and Cultural only binding authorizing document responses and contact information, must Affairs (ECA) Request for Grant between the recipient and the U.S. be maintained for a minimum of three Proposals: Faith and Community: A Government. The AAD will be signed by years and provided to the Bureau upon Dialogue an authorized Grants Officer, and mailed to the recipient’s responsible request. Announcement Type: New Grant. officer identified in the application. All reports must be sent to the ECA Funding Opportunity Number: ECA/ Unsuccessful applicants will receive Grants Officer and ECA Program Officer PE/C/NEA–AF–08–24. notification of the results of the listed in the final assistance award Catalog of Federal Domestic application review from the ECA document. Assistance Number: program office coordinating this Application Deadline: May 12, 2008. VII. Agency Contacts competition. Executive Summary VI.2. Administrative and National For questions about this The Office of Citizen Exchanges of the Policy Requirements announcement, contact: Kevin Baker (T) Bureau of Educational and Cultural Terms and Conditions for the 202–453–8153 or Astrida Levensteins Affairs, U.S. Department of State, Administration of ECA agreements (T) 202–453–8149 Youth Programs announces an open competition for include the following: Division, Ref. ECA/PE/C/PY–08–11, multiple grants to support international Office of Management and Budget U.S. Department of State, SA–44, 301 exchange projects under the rubric Circular A–122, ‘‘Cost Principles for 4th Street, SW., Room 220, Washington, ‘‘Faith and Community: A Dialogue.’’ Nonprofit Organizations.’’ DC 20547, (F) 202–453–8169, Public and private non-profit Office of Management and Budget exchanges.state.gov organizations or consortia of such Circular A–21, ‘‘Cost Principles for All correspondence with the Bureau organizations meeting the provisions described in Internal Revenue Code Educational Institutions.’’ concerning this RFGP should reference section 26 U.S.C. 501(c)(3) may submit OMB Circular A–87, ‘‘Cost Principles the above title and number ECA/PE/C/ proposals to develop and implement for State, Local and Indian PY–08–11. Please read the complete Governments.’’ multi-phased exchanges that bring announcement before sending inquiries OMB Circular No. A–110 (Revised), clerics, scholars of religion, educators, or submitting proposals. Once the RFGP Uniform Administrative and community leaders/activists from Requirements for Grants and deadline has passed, Bureau staff may countries with significant Muslim Agreements with Institutions of not discuss this competition with populations to the United States to Higher Education, Hospitals, and applicants until the proposal review interact with their counterparts and other Nonprofit Organizations. process has been completed. support reciprocal visits by American OMB Circular No. A–102, Uniform VIII. Other Information clerics, scholars of religion, educators, Administrative Requirements for and community leaders/activists Grants-in-Aid to State and Local Notice representing the diversity of the Governments. American population. OMB Circular No. A–133, Audits of The terms and conditions published Authority States, Local Government, and Non- in this RFGP are binding and may not profit Organizations. be modified by any Bureau Overall grant-making authority for Please reference the following Web representative. Explanatory information this program is contained in the Mutual sites for additional information: http:// provided by the Bureau that contradicts Educational and Cultural Exchange Act www.whitehouse.gov/omb/grants. published language will not be binding. of 1961, Public Law 87–256, as http://exchanges.state.gov/education/ Issuance of the RFGP does not amended, also known as the Fulbright- grantsdiv/terms.htm#articleI. constitute an award commitment on the Hays Act. The purpose of the Act is ‘‘to part of the Government. The Bureau enable the Government of the United VI.3. Reporting Requirements reserves the right to reduce, revise, or States to increase mutual understanding You must provide ECA with a hard increase proposal budgets in accordance between the people of the United States copy original plus one copy of the with the needs of the program and the and the people of other countries * * *; following reports. availability of funds. Awards made will to strengthen the ties which unite us with other nations by demonstrating the Mandatory be subject to periodic reporting and evaluation requirements per section VI.3 educational and cultural interests, 1. Quarterly program and financial above. developments, and achievements of the reports. people of the United States and other 2. Monthly school and housing Dated: March 11, 2008. nations * * * and thus to assist in the placement reports of the students C. Miller Crouch, development of friendly, sympathetic should be provided in the Excel Acting Assistant Secretary, Bureau of and peaceful relations between the spreadsheet format provided by ECA. Educational and Cultural Affairs, Department United States and the other countries of 3. A final program and financial of State. the world.’’ The funding authority for report no more than 90 days after the [FR Doc. E8–5688 Filed 3–19–08; 8:45 am] this program is provided through expiration of the award. BILLING CODE 4710–05–P legislation. Recipients will be required to provide reports analyzing their evaluation Overview findings to the Bureau in their regular The Office of Citizen Exchanges program reports. (Please refer to IV. awards grants to American public and Application and Submission private nonprofit organizations to

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15035

develop and implement multi-phased respect in a multi-faith context; the role experiences, including the possibility of exchanges of professionals, community of law in resolving conflicts and community service or outreach. Finally, leaders, scholars and academics, public preserving freedom of expression within a group of American scholars and policy advocates, non-governmental and among minority/majority, faith- clerics should travel to the home organization activists, and others for based and secular communities; the role countries of the non-American periods of 18–24 months. These of faith communities in providing participants, meet with counterparts, exchanges deal with issues of crucial community services; educating for further refine project plans and, jointly importance to the United States and to respect and co-existence; the role of law with their counterparts, present other countries, they incorporate in protecting religious and non-religious seminars, conduct workshops, engaging experiential learning as well as expression in diverse societies; or in community service or public theoretical knowledge for all similar themes of relevance to outreach and press (if appropriate), to participants, and they promote focused communities in participating countries. expand the network of individuals problem-solving among counterparts In all cases, the proposing institution directly affected by the exchange. based on gained experience and must demonstrate that it has, or can Similar exchange activities would be knowledge. A primary goal of this mobilize, American participants with organized for the following year. initiative is the establishment of intellectual expertise and an interest in international linkages among international dialogue on the selected Throughout the proposed exchange, individuals and institutions that will theme, and it must demonstrate that each phase of the project should be lead to the dissemination of ideas and institutions or individuals it identifies designed to build clearly on the the implementation of cooperative as partners in the program are, indeed, accomplishments of the previous projects. In addition to providing a committed to participating. Proposals component and to lead toward overall context for professional development should also explain how the American program objectives. For example, if the and collaborative problem-solving, organization will identify counterpart goal of the project is to open, develop projects funded under this initiative experts in participating countries. and expand the impact of inter-faith should include focused interaction with The proposal should identify the dialogue, the proposal should indicate local citizens in all program overall objective of the exchange project how activities in the second year will be communities to familiarize American and describe an exchange that will take organized to include broader groups of and foreign participants with one place over 18 to 24 months with several people. If the project goal is to identify another’s cultural, social, political, and reciprocal exchange visits. The proposal topics for joint action and to work economic realities. should explain how each component of together to implement that action—be it The initiative ‘‘Faith and Community: the exchange will build on previous the production of texts or a joint A Dialogue’’ will support international components to accomplish the overall community service activity—the exchanges of professionals who are project objective. proposal should indicate how the leaders in their faith communities. A typical program might begin with participants selected for each exchange Participants may be clerics, scholars of the travel of one or two American component will build on the work of religion, educators, and community scholars/project organizers to predecessors and undertake the leaders/activists who are recognized for designated partner countries to deepen proposed activity. In all components of their ability to influence their own their familiarity with the particular the exchange program, traveling societies—in the United States and in issues faced by counterpart institutions participants should be encouraged to eligible partner countries—through and communities in those countries, interact with local citizens beyond the sermons, scholarly writing, community identify individuals who might serve as people actively participating in the leadership, and/or educational advisers or be selected as participants in exchange itself. In addition, ECA activities. The objectives of the the project and to gain the interest/ encourages all proposals to identify how exchange are (1) to enhance the non- commitment of those individuals to program outcomes will be sustained / American participants’ understanding of participate in the exchange. expanded after project completion. the role that religion—particularly Subsequently, approximately 12–14 Islam—plays in American communities; non-American scholars and clerics Geographic Focus might come to the United States for a (2) to develop a common language for This initiative is worldwide in scope, period of three to four weeks for a American and non-American with primary focus each year on specific program structured to exchange participants—members of diverse faith regions or countries with significant expertise, identify specific issues communities—to examine issues of Muslim populations. To assure balance relevance to their respective societies worthy of further exploration, and with already existing exchange and to develop effective approaches and identify projects to be developed/ programs in this initiative, we are collaborative projects to address those implemented during subsequent phases soliciting proposals focused for the issues; (3) to offer an understanding of of the exchange. In the U.S., activities following countries / regions in FY08: Islamic practice within a multi-cultural, should include interaction with (1) Morocco, Algeria, Tunisia, Saudi multi-faith, democratic context, one that American Muslim scholars and leaders, Arabia, Kuwait, Qatar, Bahrain, the explicitly differentiates between that as well as with non-Muslim religious United Arab Emirates, Oman, and which is religious and that which is leaders and secular institutions related Yemen; (2) Senegal, Mauritania, Niger, secular; and (4) to broaden the to the theme of the project. They should Nigeria, Mali, Guinea, Burkina Faso, understanding of American scholars, offer an opportunity for American clerics, and laypersons of Islam and of interlocutors to speak about the Chad; and (3) China; (4) Indonesia. its place in diverse, non-American challenges they face and for Specific criteria for proposals focused societies. international participants to offer on each of these countries are noted in We solicit projects that focus on a similar perspectives. They should the appropriate sections below. To be particular challenge common to faith examine issues through workshops, competitive, proposals must incorporate and community groups in the proposed discussions, and dialogue, and they an understanding of these issues and participating countries. Possible issues should expose participants to a range of outline a feasible strategy for addressing include: civil discourse and mutual real-life American community them.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15036 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

(1) Morocco, Algeria, Tunisia, Saudi groups to respect diverse opinions and institution within China and must Arabia, Kuwait, Qatar, Bahrain, the identities and interact constructively, present a detailed, coherent strategy to United Arab Emirates, Oman, and without violence. Both single-country ensure a substantial program for Yemen and multi-country project proposals are Chinese participants in the U.S. portion Proposals for exchange programs welcome. The proposed program should of the program. Exchange projects focused on a topic as culturally and not only introduce religious leaders in focused on Muslim audiences in China politically sensitive as interfaith the United States and West Africa to are particularly sensitive and are subject dialogue in these countries must be each other and build mutual to Chinese government intervention. developed in close consultation and understanding among them through Close consultation and cooperation with personal interactions, but should also collaboration with the Public Affairs the Public Affairs Section of the encourage them to design at least one Section of the relevant American American Embassy is essential in follow-on project in community services Embassy. Proposals must demonstrate developing the program and should be to be jointly conducted. Projects might that the U.S. implementing institution envisioned at all stages in implementing address needs involving health, conflict has the capacity and track-record to proposed programs that result in an management, special education, work with the Mission to establish and award. poverty, orphans, or others where maintain contact with institutions Applicants should consult with the religious communities can be helpful, responsible for religious affairs in the ECA officer responsible for this and should allow partners in this grant participating countries, to include the exchange with China, Howard (Clint) program to learn from, and assist, each Ministry of Foreign Affairs, Ministry of Wright, tel. (202) 453–8164; e-mail: other. ECA encourages proposed [email protected]. Religious Affairs, and, if appropriate, programs to lay the groundwork for the Ministry of Education. To initiate sustained contact and joint action after (4) Indonesia the program, proposing organizations the grant period is completed. Grant For Indonesia, ECA seeks proposals are encouraged to consider, for example, applicants should consult with the that explore the links between religious an exchange of internationally Public Affairs Section of the relevant educational institutions and their recognized scholars of religion as a way overseas U.S. Embassy to test their ideas communities. Specifically, project of laying the groundwork for a ministry- and get advice on local conditions and objectives should focus on building sponsored conference. This preliminary possible partners. effective partnerships between engagement at the official level should Applicants should also consult with community leaders and activists and the precede contact with individuals or the ECA officer responsible for administrators of private, secondary- groups involved in grass-roots exchanges with Africa, Curtis Huff, tel. level religious boarding schools scholarship or local community 202–453–8159; e-mail: (Pesantren). Programs should enable the activism. All proposals should be multi- [email protected]. participants to: country, and should involve at least two • (3) China Acquire an understanding of (2) of the countries listed above. The important elements of civil society. This ability to conduct a successful program For proposed projects in China, ECA includes concepts such as volunteerism, with clear and relevant objectives is especially interested in programs that the idea that American citizens are should guide the country selection and/ discuss how religious beliefs define responsible for acting at the grassroots or groupings of participants. ethnic minorities and how religious level to deal with social and educational Applicants should also consult with practices interact with the sense of problems, and an awareness of respect the ECA officer responsible for belonging to a distinct community. Most for the rule of law in the United States. exchanges with North Africa, Thomas likely to prove feasible are projects that • Understand the importance of Johnston, tel. 202–453–8162; e-mail: target a combination of academics from education in creating conditions for a [email protected]. the National Minorities University, free market economy. This includes officials from the State Administration (2) Senegal, Mauritania, Niger, Nigeria, awareness of private enterprise and an for Religious Affairs, and scholars and Mali, Guinea, Burkina Faso, Chad appreciation of the role of the religious leaders from western China. entrepreneur in economic growth. Proposals for these countries should Note carefully: In addition to the • Develop an appreciation for focus on the issue of how religion majority Han Chinese, the Government American culture, an understanding of influences personal and group of the People’s Republic of China the diversity of American society, and identities, how identity shapes recognizes 55 other ‘‘nationalities,’’ or increased tolerance and respect for approaches to community outreach and ethnic groups, numbering others with differing views and beliefs. activism, and how religious groups approximately 105 million people. • Gain leadership capacity that will provide community services, These groups live outside the central enable participants to initiate and particularly in countries and regions of and costal regions in the northwest, support activities in their home widely diverse populations. These eight north, northeast, south, and southwest countries that focus on development countries comprise 215 million people, areas. Each of the 55 ‘‘nationalities’’ has and community service. predominantly Muslims. French is the unique, defining characteristics, such as Applicants should consult with the official language in many of these language, culture, or religion, shared by ECA officer responsible for exchanges countries, they are very diverse the members of the group and not with Indonesia, Raymond Harvey, tel. ethnically and linguistically, and the shared with other ‘‘nationalities’’ or 202–453–8163; e-mail: most populous country, Nigeria, is with the Han Chinese. Proposed [email protected]. anglophone. We seek proposals that will programs for China must demonstrate clarify the influence of religion in the how the proposed project will All Regions midst of such diversity, and will bring accomplish its stated objective, while For all regions, exchange proposals together American and African partners understanding and respecting these focusing on two or more countries in a in planning and providing community distinctions. Proposals must also region and those focusing on single- services. Proposed program objectives demonstrate a significant and country exchanges are equally welcome. should encourage different religious established relationship with a host The Office of Citizen Exchanges

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15037

encourages applicants to be creative in In addition, the Public Affairs (Revised), Subpart C.23—Cost Sharing planning project implementation. As Sections (PAS) of the U.S. Embassies and Matching. In the event you do not noted above for each region, exchanges often play an important role in project provide the minimum amount of cost should go beyond general scholarly implementation. The PAS will initially sharing as stipulated in the approved comparison to address the concrete evaluate project proposals, and, once a budget, ECA’s contribution will be issues faith groups confront in defining grant is awarded, it may, in consultation reduced in like proportion. themselves, in relating to their own with the grantee organization, III.3. Other Eligibility Requirements: communities, and in reaching out to coordinate planning with the grantee (a) Bureau grant guidelines require broader communities that may or may organization and in-country partners, that organizations with less than four not share their faith. Proposed programs facilitate in-country activities, nominate years experience in conducting may focus on inter-faith dialogue and participants and vet grantee international exchanges be limited to include activities encouraging respect nominations, observe in-country $60,000 in Bureau funding. ECA for and among diverse groups and activities, and debrief participants. The anticipates awarding, in the course of communities, or they may focus PAS will also evaluate project impact. this competition, grants ranging from primarily on specific issues faith The Office of Citizen Exchanges is $350,000 to $500,000 to support communities face in dealing with responsible for producing and signing program and administrative costs concrete challenges of life in multi- DS–2019 Forms. These forms will be required to implement this exchange lingual, multi-ethnic, multi-communal provided to the foreign participants by program. Therefore, organizations with societies. The program may include the U.S. Embassies as part of the process less than four years experience in activities designed to exchange of obtaining the necessary J–1 visas for conducting international exchanges are information and knowledge and share entry to the United States. Grantee ineligible to receive an award under this expertise, but it should also include organizations must submit data on competition. experiential learning by exposing proposed participants to ECA (b) Technical Eligibility: Proposals participants to real-life issues electronically. must comply with the requirements confronted in the participating II. Award Information included in this Request for Grant countries. ECA strongly encourages the Proposals in order to be considered project objectives to include a tangible Type of Award: Grant Agreement. technically eligible for consideration in product such as a web dialogue, Fiscal Year Funds: 2008. the review process. publication, study guide, educational Approximate Total Funding: $2.53 outreach material, etc. to be used in million. IV. Application and Submission local communities. Proposals should Approximate Number of Awards: Six. Information identify any partner organizations and/ Anticipated Award Date: July 2008. or individuals overseas or in the United Anticipated Project Completion Date: Note: Please read the complete States with which/whom they are Summer 2010. announcement, either at http:// proposing to collaborate, demonstrate www.exchanges.state.gov/education/rfgps or III. Eligibility Information in the Federal Register before sending the commitment of that individual or III.1. Eligible applicants: Applications inquiries or submitting proposals. Once the group to participate, and justify the RFGP deadline has passed, Bureau staff may collaboration on the basis of the may be submitted by public and private non-profit organizations meeting the not discuss this competition with applicants proposed partner’s experience, until the proposal review process has been accomplishments, etc. provisions described in Internal completed. Revenue Code section 26 U.S.C. Selection of Participants 501(c)(3). IV.1. Obtaining an Application Applications should include a III.2. Cost Sharing or Matching Funds: Package: description of a focused, merit-based There is no minimum or maximum The Application Package comprises process for selecting exchange percentage required for this this Request for Grant Proposals and a participants. Applicants should plan to competition. However, the Bureau Proposal Submission Instruction (PSI) consult with the Public Affairs Sections encourages applicants to provide the document, consisting of required of U.S. Embassies in selecting highest possible level of in-cash or in- application forms and standard participants, with the Embassy retaining kind cost sharing and funding in guidelines for proposal preparation. The the right to nominate participants, to support of its programs, and those that Solicitation Package may be advise the grantee regarding participants provide cost sharing that represents downloaded from: http:// recommended by other entities, and to 20% or more of the total cost of the exchanges.state.gov/education/rfgps/ issue visas. exchange will receive priority menu.htm. Please read all information consideration. When cost sharing is before downloading. Alternatively, an Public Affairs Section Involvement offered, it is understood and agreed that electronic application package may be Although project administration and the applicant must provide the amount obtained from grants.gov. Please see implementation are the responsibility of of cost sharing as stipulated in its section IV.3f for further information. the grantee institution, the grantee is proposal and later included in an IV.2. To receive a hard copy of the expected to inform the PAS in approved grant agreement. Cost sharing Application Package via U.S. Postal participating countries of its operations may be in the form of allowable direct Service, contact Thomas Johnston, and procedures and to coordinate with or indirect costs. For accountability, you Office of Citizen Exchanges, ECA/PE/C/ PAS officers in the development of must maintain written records to NEA–AF, Room 216, U.S. Department of project activities. The PAS should be support all costs that are claimed as State, SA–44, 301 4th Street, SW., consulted regarding country priorities, your contribution, as well as costs to be Washington, DC 20547, Telephone: political and cultural sensitivities, paid by the Federal government. Such (202) 453–8162; E-mail: security issues, and logistic and records are subject to audit. The basis [email protected]. Please refer to programmatic issues, in addition to its for determining the value of cash and Funding Opportunity Number ECA/PE/ role in participant selection as outlined in-kind contributions must be in C/NEA–AF–08–24 on all inquiries and in the previous section. accordance with OMB Circular A–110, correspondence.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15038 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

IV.3. Content and Form of this competition will render all democracy leaders of such countries.’’ Submission: Applicants must follow all assistance necessary to enable the Public Law 106–113 requires that the instructions in the Solicitation Package. Bureau to fully comply with 22 CFR 62 governments of the countries described The original and ten copies of the et seq. above do not have inappropriate application should be submitted per the The Bureau of Educational and influence in the selection process. instructions under IV.3f. ‘‘Application Cultural Affairs places great emphasis Proposals should reflect advancement of Deadline and Methods of Submission’’ on the secure and proper administration these goals in their program contents, to section. of Exchange Visitor (J visa) Programs the full extent deemed feasible. IV.3a. You are required to have a Dun and adherence by grantee program IV.3d.3. Program Monitoring and and Bradstreet Data Universal organizations and program participants Evaluation: Proposals must include a Numbering System (DUNS) number to to all regulations governing the J visa plan to monitor and evaluate the apply for a grant or cooperative program status. Therefore, proposals project’s success, both as the activities agreement from the U.S. Government. should explicitly state in writing that the unfold and at the end of the program. This number is a nine-digit applicant is prepared to assist the The Bureau recommends that your identification number, which uniquely Bureau in meeting all requirements proposal include a draft survey identifies business entities. Obtaining a governing the administration of questionnaire or other technique plus a DUNS number is easy and there is no Exchange Visitor Programs as set forth description of a methodology to use to charge. To obtain a DUNS number, in 22 CFR 62. If your organization has link outcomes to original project access http:// experience as a designated Exchange objectives. The Bureau expects that the www.dunandbradstreet.com or call 1– Visitor Program Sponsor, the applicant grantee will track participants or 866–705–5711. Please ensure that your should discuss their record of partners and be able to respond to key DUNS number is included in the compliance with 22 CFR 62 et seq., evaluation questions, including appropriate box of the SF–424 which is including the oversight of their satisfaction with the program, learning part of the formal application package. Responsible Officers and Alternate as a result of the program, changes in IV.3b. All proposals must contain an Responsible Officers, screening and behavior as a result of the program, and executive summary, a proposal narrative selection of program participants, effects of the program on institutions (not to exceed 20 double-spaced pages), provision of pre-arrival information and (institutions in which participants work and a budget. Please refer to the orientation to participants, monitoring or partner institutions). The evaluation Application Package, containing the of participants, proper maintenance and plan should include indicators that mandatory PSI document, for additional security of forms, recordkeeping, measure gains in mutual understanding formatting and technical requirements. reporting and other requirements. as well as substantive knowledge. IV.3c. You must have nonprofit status A copy of the complete regulations with the IRS at the time of application. governing the administration of Successful monitoring and evaluation If your organization is a private Exchange Visitor (J) programs is depend heavily on setting clear goals nonprofit that has not received a grant available at http://exchanges.state.gov, and outcomes at the outset of a program. or cooperative agreement from ECA in or from: United States Department of Your evaluation plan should include a the past three years, or if your State, Office of Exchange Coordination description of your project’s objectives, organization received nonprofit status and Designation, ECA/EC/ECD–SA–44, your anticipated project outcomes, and from the IRS within the past four years, Room 734, 301 4th Street, SW., how and when you intend to measure you must submit the necessary Washington, DC 20547, Telephone: these outcomes (performance documentation to verify nonprofit status (202) 203–5029, FAX: (202) 453–8640. indicators). The more that outcomes are as directed in the PSI document. Failure IV.3d.2. Diversity, Freedom and ‘‘smart’’ (specific, measurable, to do so will cause your proposal to be Democracy Guidelines: Pursuant to the attainable, results-oriented, and placed declared technically ineligible. Bureau’s authorizing legislation, in a reasonable time frame), the easier IV.3d. Please take into consideration programs must maintain a non-political it will be to conduct the evaluation. You the following information when character and should be balanced and should also show how your project preparing your proposal narrative: representative of the diversity of objectives link to the goals of the IV.3d.1. Adherence To All American political, social, and cultural program described in this RFGP. Regulations Governing The J Visa: The life. ‘‘Diversity’’ should be interpreted Your monitoring and evaluation plan Office of Citizen Exchanges of the in the broadest sense and encompass should clearly distinguish between Bureau of Educational and Cultural differences including, but not limited to program outputs and outcomes. Outputs Affairs is the official program sponsor of ethnicity, race, gender, religion, are products and services delivered, the exchange program covered by this geographic location, socio-economic often stated as an amount. Output RFGP, and an employee of the Bureau status, and disabilities. Applicants are information is important to show the will be the ‘‘Responsible Officer’’ for the strongly encouraged to adhere to the scope or size of project activities, but it program under the terms of 22 CFR 62, advancement of this principle both in cannot substitute for information about which covers the administration of the program administration and in program progress towards outcomes or the Exchange Visitor Program (J visa content. Please refer to the review results achieved. Examples of outputs program). Under the terms of 22 CFR 62, criteria under the ‘‘Support for include the number of people trained or organizations receiving grants under Diversity’’ section for specific the number of seminars conducted. this RFGP will be third parties suggestions on incorporating diversity Outcomes represent specific results a ‘‘cooperating with or assisting the into your proposal. Public Law 104–319 project is intended to achieve and are sponsor in the conduct of the sponsor’s provides that ‘‘in carrying out programs usually measured as an extent of program.’’ The actions of grantee of educational and cultural exchange in change. Findings on outputs and program organizations shall be countries whose people do not fully outcomes should both be reported, but ‘‘imputed to the sponsor in evaluating enjoy freedom and democracy,’’ the the focus should be on outcomes. the sponsor’s compliance with’’ 22 CFR Bureau ‘‘shall take appropriate steps to We encourage you to assess the 62. Therefore, the Bureau expects that provide opportunities for participation following four levels of outcomes, as any organization receiving a grant under in such programs to human rights and they relate to the program goals set out

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15039

in the RFGP (listed here in increasing 25% of the funding sought from ECA The original and ten (10) copies of the order of importance): will be given priority consideration. application should be sent to: U.S. 1. Participant satisfaction with the IV.3e.2. Allowable costs for the Department of State, SA–44, Bureau of program and exchange experience. program include the following: Educational and Cultural Affairs, Ref.: 2. Participant learning, such as (1) Direct program expenses. ECA/PE/C/NEA–AF–08–24, Program increased knowledge, aptitude, skills, (2) Administrative costs. Management, ECA/EX/PM, Room 534, and changed understanding and (3) Allowable indirect costs. 301 4th Street, SW., Washington, DC attitude. Learning includes both Please refer to the Solicitation 20547. substantive (subject-specific) learning Package for complete budget guidelines Applicants submitting hard-copy and mutual understanding. and formatting instructions. applications must also submit the 3. Participant behavior, concrete IV.3f. Application Deadline and ‘‘Executive Summary’’ and ‘‘Proposal actions to apply knowledge in work or Methods of Submission: Narrative’’ sections of the proposal in community; greater participation and Application Deadline Date: May 12, text (.txt) format on a PC-formatted disk. responsibility in civic organizations; 2008. The Bureau will provide these files interpretation and explanation of Reference Number: ECA/PE/C/NEA– electronically to the appropriate Public experiences and new knowledge gained; AF–08–24. Affairs Section(s) at the U.S. continued contacts between embassy(ies) for its (their) review. participants, community members, and Methods of Submission IV.3f.2—Submitting Electronic others. Applications may be submitted in one Applications. 4. Institutional changes, such as of two ways: Applicants have the option of increased collaboration and (1) In hard-copy, via a nationally submitting proposals electronically partnerships, policy reforms, new recognized overnight delivery service through Grants.gov (http:// programming, and organizational (i.e., DHL, Federal Express, UPS, www.grants.gov). Complete solicitation improvements. Airborne Express, or U.S. Postal Service packages are available at Grants.gov in Please note: Consideration should be given Express Overnight Mail, etc.), or the ‘‘Find’’ portion of the system. Please to the appropriate timing of data collection (2) Electronically through http:// follow the instructions available in the for each level of outcome. For example, www.grants.gov. ‘Get Started’ portion of the site (http:// satisfaction is usually captured as a short- Along with the Project Title, all www.grants.gov/GetStarted). term outcome, whereas behavior and applicants must enter the above Several of the steps in the Grants.gov institutional changes are normally Reference Number in Box 11 on the SF– registration process could take several considered longer-term outcomes. 424 contained in the mandatory weeks. Therefore, applicants should Overall, the quality of your Proposal Submission Instructions (PSI) check with appropriate staff within their monitoring and evaluation plan will be of the solicitation document. organizations immediately after judged on how well it (1) specifies IV.3f.1 Submitting Printed reviewing this RFGP to confirm or intended outcomes; (2) gives clear Applications determine their registration status with descriptions of how each outcome will Applications must be shipped no later Grants.gov. be measured; (3) identifies when than the above deadline. Delivery Once registered, the amount of time it particular outcomes will be measured; services used by applicants must have can take to upload an application will and (4) provides a clear description of in-place, centralized shipping vary depending on a variety of factors the data collection strategies for each identification and tracking systems that including the size of the application and outcome (i.e., surveys, interviews, or may be accessed via the Internet and the speed of your internet connection. focus groups). (Please note that delivery people who are identifiable by Therefore, we strongly recommend that evaluation plans that deal only with the commonly recognized uniforms and you not wait until the application first level of outcomes [satisfaction] will delivery vehicles. Proposals shipped on deadline to begin the submission be deemed less competitive under the or before the above deadline but process through Grants.gov. present evaluation criteria.) received at ECA more than seven days Direct all questions regarding Grantees will be required to provide after the deadline will be ineligible for Grants.gov registration and submission reports analyzing their evaluation further consideration under this to: Grants.gov Customer Support, findings to the Bureau in their regular competition. Proposals shipped after the Contact Center Phone: 800–518–4726, program reports. All data collected, established deadlines are ineligible for Business Hours: Monday–Friday, 7 including survey responses and contact consideration under this competition. a.m.–9 p.m. Eastern Time, e-mail: information, must be maintained for a ECA will not notify you upon receipt of [email protected]. minimum of three years and provided to application. It is each applicant’s Applicants have until midnight (12 the Bureau upon request. responsibility to ensure that each a.m.), Washington, DC time of the IV.3e. Please take into consideration package is marked with a legible closing date to ensure that their entire the following information when tracking number and to monitor/confirm application has been uploaded to the preparing your budget: delivery to ECA via the Internet. Grants.gov site. There are no exceptions IV.3e.1. Applicants must submit a Delivery of proposal packages may not to the above deadline. Applications comprehensive budget for the entire be made via local courier service or in uploaded to the site after midnight of project, including travel. There must be person for this competition. Faxed the application deadline date will be a summary budget as well as documents will not be accepted at any automatically rejected by the grants.gov breakdowns reflecting both time. Only proposals submitted as system, and will be technically administrative and program budgets. stated above will be considered. ineligible. Applicants may provide separate sub- Important note: When preparing your Applicants will receive a budgets for each program component, submission please make sure to include one confirmation e-mail from grants.gov phase, location, or activity to provide extra copy of the completed SF–424 form and upon the successful submission of an clarification. Budgets that limit place it in an envelope addressed to ‘‘ECA/ application. ECA will not notify you administrative costs to approximately EX/PM’’. upon receipt of electronic applications.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15040 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

It is the responsibility of all management and full compliance with Grants Officer and mailed to the applicants submitting proposals via the reporting requirements. The Bureau will recipient’s responsible officer, identified Grants.gov Web portal to ensure that consider the demonstrated potential of in the application. proposals have been received by new applicants and will evaluate the Unsuccessful applicants will receive Grants.gov in their entirety, and ECA performance record of prior recipients notification of the results of the bears no responsibility for data errors of Bureau grants as reported by the application review from the ECA resulting from transmission or Bureau grant staff. program office coordinating this conversion processes. Post-Grant Activities: Applicants competition. IV.3g. Intergovernmental Review of should provide a plan for sustained VI.2. Administrative and National Applications: Executive Order 12372 follow-on activity (building on the Policy Requirements: does not apply to this program. linkages developed under the grant and Terms and Conditions for the the activities initially funded by the Administration of ECA agreements V. Application Review Information grant) after grant funds have been include the following: V.1. Review Process expended. This will ensure that Bureau- Office of Management and Budget The Bureau will review all proposals supported projects sustainable and are Circular A–122, ‘‘Cost Principles for for technical eligibility. Proposals will not isolated events. Funds for all post- Nonprofit Organizations.’’ be deemed ineligible if they do not fully grant activities must be in the form of Office of Management and Budget adhere to the guidelines stated herein contributions from the applicant or Circular A–21, ‘‘Cost Principles for and in the Solicitation Package. All sources outside the Bureau. Costs for Educational Institutions.’’ eligible proposals will be reviewed by these activities should not appear in the OMB Circular A–87, ‘‘Cost Principles the program office, as well as the Public proposal budget but should be outlined for State, Local and Indian Diplomacy section overseas, where in the narrative. Governments.’’ appropriate. Eligible proposals will be Project Evaluation/Monitoring: OMB Circular No. A–110 (Revised), subject to compliance with Federal and Proposals should include a detailed Uniform Administrative Bureau regulations and guidelines and plan to monitor and evaluate the Requirements for Grants and forwarded to Bureau grant panels for project. Competitive evaluation plans Agreements with Institutions of advisory review. Proposals may also be will describe how the applicant Higher Education, Hospitals, and reviewed by the Office of the Legal organization will measure results, other Nonprofit Organizations. Adviser or by other Department defined in both qualitative and OMB Circular No. A–102, Uniform elements. Final funding decisions are at quantitative terms, and will include Administrative Requirements for the discretion of the Department of draft data collection instruments Grants-in-Aid to State and Local State’s Assistant Secretary for (surveys, questionnaires, etc.) in Tab E. Governments. Educational and Cultural Affairs. Final Successful applicants will be expected OMB Circular No. A–133, Audits of technical authority for grant awards to submit a report after each project States, Local Government, and Non- resides with the Bureau’s Grants Officer. component is concluded or semi- profit Organizations. annually, whichever is less frequent. Review Criteria Cost Effectiveness and Cost Sharing: Please reference the following Web Technically eligible applications will Administrative costs should be kept sites for additional information: http:// be competitively reviewed according to low. Proposal budgets should provide www.whitehouse.gov/omb/grants, the criteria stated below. evidence of any cost sharing offered, http://exchanges.state.gov/education/ Quality of the Program Idea: comprised of cash or in-kind grantsdiv/terms.htm#articleI. Proposals should be substantive, well contributions. Cost sharing may be VI.3. Reporting Requirements: You thought out, focused on issues of derived from diverse sources, including must provide ECA with a hard copy demonstrable relevance to all proposed private sector contributions and/or original plus one copy of the following participants, and responsive to the direct institutional support. reports: exchange suggestions and guidelines Support of Diversity: Proposals should 1. Semi-annual program and financial provided above. demonstrate support for the Bureau’s reports, which include a description of Implementation Plan and Ability to policy on diversity. Features relevant to program activities implemented in the Achieve Objectives: A detailed project this policy should be cited in program course of the six-month period and an implementation plan should establish a implementation (selection of accounting of expenditures. clear and logical connection between participants, program venue, and 2. A final program and financial the interest, the expertise, and the program evaluation), program content, report no more than 90 days after the logistic capacity of the applicant and the and program administration. expiration date of the award. objectives to be achieved. The plan 3. Grantees will be required to should discuss in concrete terms how VI. Award Administration Information provide reports analyzing their the institution proposes to achieve the VI.1a. Award Notices: evaluation findings to the Bureau in objectives. Institutional resources— Final awards cannot be made until their regular program reports. (Please including personnel—assigned to the funds have been appropriated by refer to IV. Application and Submission project should be adequate and Congress, allocated, and committed Instructions (IV.3.d.3) above for Program appropriate to achieve project through internal Bureau procedures. Monitoring and Evaluation information. objectives. The substance of workshops Successful applicants will receive an All data collected, including survey and site visits should be included as an Assistance Award Document (AAD) responses and contact information, must attachment, and the responsibilities of from the Bureau’s Grants Office. The be maintained for a minimum of three U.S. participants and in-country AAD and the original grant proposal years and provided to the Bureau upon partners should be clearly delineated. with subsequent modifications (if request. Institutional Capacity: Proposals applicable) shall be the only binding All reports must be sent to the ECA should include an institutional record of authorizing document between the Grants Officer and ECA Program Officer successful exchange programs, with recipient and the U.S. Government. The listed in the final assistance award reference to responsible fiscal AAD will be signed by an authorized document.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15041

Organizations awarded grants will be DEPARTMENT OF STATE the Authority establishing its existence required to maintain specific data on and responsibilities, and the uses and [Public Notice 6139] program participants and activities in an users of the system. electronically accessible database format Determination and Waiver of Section Any persons interested in that can be shared with the Bureau as 690(a) of the Department of State, commenting on the altered system of required. As a minimum, the data must Foreign Operations, and Related records may do so by submitting include the following: Programs Appropriations Act, 2008 comments in writing to Margaret P. (1) Name, address, contact (Div. J, Pub. L. 110–161) Relating to Grafeld, Director; Office of Information information and biographic sketch of all Assistance for Egypt Programs and Services; A/ISS/IPS; persons who travel internationally on Department of State, SA–2; Washington, funds provided by the grant. Pursuant to the authority vested in me DC 20522–8001. This system of records as Deputy Secretary of State by the laws will be effective 40 days from the date (2) Itineraries of international and of the United States, including section of publication, unless we receive domestic travel, providing dates of 690 of the Department of State, Foreign comments that will result in a contrary travel and cities in which any exchange Operations, and Related Programs determination. experiences take place. Final schedules Appropriations Act, 2008 (Div. J, Pub. L. The altered system description, for in-country and U.S. activities must 110–161)(SFOAA) and Department of ‘‘Munitions Control Records, State-42,’’ be received by the ECA Program Officer State Delegation of Authority No. 245, I will read as set forth below. at least three work days prior to the hereby determine it is in the national official opening of the activity. Dated: January 31, 2008. security interest of the United States to Raj Chellaraj, VII. Agency Contacts waive the restriction in section 690(a) of Assistant Secretary for the Bureau of the SFOAA, and I hereby waive such Administration, Department of State. For questions about this restriction. announcement, contact: Thomas This determination shall be reported STATE–42 Johnston, Office of Citizen Exchanges, to the Congress and published in the SYSTEM NAME: ECA/PE/C/NEA–AF, Room 216, U.S. Federal Register. Department of State, SA–44, 301 4th Munitions Control Records. Street, SW., Washington, DC 20547, Dated: February 29, 2008. Telephone: (202) 453–8162; E-mail: John D. Negroponte, SECURITY CLASSIFICATION: [email protected]. Deputy Secretary of State, Department of Unclassified and classified. State. Correspondence with the Bureau SYSTEM LOCATION: [FR Doc. E8–5692 Filed 3–19–08; 8:45 am] concerning this RFGP should reference Department of State, Annex 1; Room BILLING CODE 4710–31–P the title and number ECA/PE/C/NEA– 1200; 2401 E Street, NW.; Washington, AF–08–24. DC 20522. Please read the complete DEPARTMENT OF STATE announcement before sending inquiries CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: or submitting proposals. Once the RFGP [Public Notice 6140] deadline has passed, Bureau staff may Exporters of defense articles and Title: STATE–42 Munitions Control not discuss this competition with defense services with or without Records applicants until the proposal review Department of State authorization; applicants for export licenses; registered process has been completed. SUMMARY: Notice is hereby given that exporters; brokers for sales of defense the Department of State proposes to VIII. Other Information articles or defense services who alter an existing system of records, completed registration statements or Notice STATE–42, pursuant to the provisions submitted requests for approval of a of the Privacy Act of 1974, as amended The terms and conditions published brokering activity; and debarred parties. (5 U.S.C.(r)), and Office of Management in this RFGP are binding and may not and Budget Circular No. A–130, be modified by any Bureau AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Appendix I. The Department’s report representative. Explanatory information 22 U.S.C. 2651A (Organization of was filed with the Office of Management provided by the Bureau that contradicts Department of State); 5 U.S.C. 301 and Budget on 1 February 2008. published language will not be binding. (Departmental Regulations); 22 U.S.C. It is proposed that the current system Issuance of the RFGP does not 2778 (Arms Export Control Act). will retain the name ‘‘Munitions Control constitute an award commitment on the Records.’’ It is also proposed that due to CATEGORIES OF RECORDS IN THE SYSTEM: part of the Government. The Bureau the expanded scope of the current Correspondence, registration reserves the right to reduce, revise, or system, the altered system description statements when a principal executive increase proposal budgets in accordance will include revisions and/or additions officer or owner is the same as the with the needs of the program and the to the following sections: System applicant, and checks for registration availability of funds. Awards made will Location; Categories of Individuals fees sent to the Department of State be subject to periodic reporting and covered by the System; Authority for (Department) when an individual or evaluation requirements per section VI.3 Maintenance of the System; and Routine business registers as a manufacturer, above. Uses of Records Maintained in the exporter and/or broker of defense Dated: March 12, 2008. System, Including Categories of Users articles or defense services; copies of C. Miller Crouch, and Purposes of such Uses. Changes to letters to individuals and businesses Acting Assistant Secretary, Bureau of the existing system description are from the Department pertaining to their Educational and Cultural Affairs, Department proposed in order to reflect more registration, including notices of of State. accurately the Directorate of Defense suspension and debarment; Proposed [FR Doc. E8–5672 Filed 3–19–08; 8:45 am] Trade Controls, Bureau of Political- Charging Letters and Orders and BILLING CODE 4710–05–P Military Affairs’ recordkeeping system, Consent Agreements pertaining to the

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15042 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

Department’s administrative cases; RETRIEVABILITY: individual cause to believe that the Federal Register Notices of statutory Individual name, company name, Directorate of Defense Trade Controls debarment; correspondence, DDTC Registration Code, DDTC Case has records pertaining to him or her. memoranda, federal court documents, Number. RECORD ACCESS AND AMENDMENT PROCEDURES: telegrams, other government agency reports, and e-mail messages between SAFEGUARDS: Individuals who wish to gain access the Department and other federal All employees of the Department of to or to amend records pertaining to agencies regarding law enforcement and State have undergone a thorough themselves should write to the Director, intelligence information about defense personnel security background Office of Information Programs and trade activities pertaining to the subject investigation. Access to the Department Services (address above). of the record. of State building and the annexes is RECORD SOURCE CATEGORIES: controlled by security guards, and ROUTINE USES OF RECORDS MAINTAINED IN THE These records contain information admission is limited to those SYSTEM, INCLUDING CATEGORIES OF USERS AND that is primarily obtained from the PURPOSES OF SUCH USES: individuals possessing a valid individual, from the organization the The information in this system is used identification card or individuals under individual represents, federal court primarily by the Directorate of Defense proper escort. All records containing documents and intelligence and law Trade Controls when making personal information are maintained in enforcement agencies. determinations regarding: secured filing cabinets or in restricted areas, access to which is limited to SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS (a) Individuals and businesses that OF THE ACT: have been authorized to export or authorized personnel. Access to Portions of certain records contained retransfer a defense article, defense electronic files is password-protected within this system of records are service or related technical data; and under the direct supervision of the (b) Which commodities, quantities, system manager. The system manager exempted from 5 U.S.C. 552a and dollar values were authorized for has the capability of printing audit trails (c)(3),(d),(e)(1),(3)(4)(G),(H) and (I), and export and the extent of any export of access from the computer media, (f). See 22 CFR 171.36. violations; thereby permitting regular and ad hoc [FR Doc. E8–5684 Filed 3–19–08; 8:45 am] (c) Administrative charges imposed monitoring of computer usage. BILLING CODE 4710–24–P on an individual or business for RETENTION AND DISPOSAL: violating the export regulations; These records will be maintained (d) The periodic publication of names, DEPARTMENT OF TRANSPORTATION dates of conviction, and months and until they become inactive, at which years of birth of those on the Debarred time they will be destroyed or retired in Federal Aviation Administration Parties List in the Federal Register accordance with published record pursuant to the authorities granted in 22 disposition schedules of the Department Notice of Intent To Request Approval U.S.C. 2778(g)(1) as implemented in 22 of State and as approved by the National From the Office of Management and CFR 127.7(c). Statutory Debarment is Archives and Records Administration. Budget of a New Information based solely upon the outcome of a More specific information may be Collection Activity, Request for criminal proceeding, conducted by a obtained by writing to the Director, Comments; National Flight Attendant court of the United States that Office of Information Programs and Duty/Rest/Fatigue Survey established guilt beyond a reasonable Services, A/ISS/IPS, SA–2, Department AGENCY: Federal Aviation doubt in accordance with due process. of State, Washington, DC 20522–8001. Administration (FAA), DOT. Federal court documents serve as the SYSTEM MANAGER AND ADDRESS: source of information for names, dates ACTION: Notice and request for of conviction, months and years of birth Managing Director, Directorate of comments. Defense Trade Controls, Bureau of of debarred parties. SUMMARY: The FAA invites public Political-Military Affairs, SA–1, 12th (e) The removal of export privileges. comments about our intention to request Floor, 2401 E Street NW., Washington The principal users of this the Office of Management and Budget DC 20522. http:// information outside the Department of (OMB) to approve a new information www.pmddtc.state.gov/. State are the Department of Homeland collection. This project involves the Security and the Department of Justice NOTIFICATION PROCEDURE: random and representative sampling of for their investigations of violations of Individuals who have reason to Flight Attendants currently employed the Arms Export Control Act. This by U.S. air carriers. The goal of this information may also be released to believe that the Directorate of Defense Trade Controls might have records effort is to identify the type of fatigue other federal intelligence and law that flight attendants experience, the enforcement agencies pursuant to pertaining to them should write to the Director, Office of Information Programs frequency with which they experience statutory intelligence and law fatigue, and the consequences fatigue enforcement responsibilities. The and Services, A/ISS/IPS, SA–2, Department of State, Washington, DC may have on the safety of U.S. air information in this system may also be carriers. used to send required reports to 20522–8001. The individual must Congress about certain defense trade specify that he or she wishes the records DATES: Please submit comments by May transactions. See also the Department of of the Directorate of Defense Trade 19, 2008. State Prefatory Statement of Routine Controls to be checked. At a minimum, FOR FURTHER INFORMATION CONTACT: Uses published in the Federal Register. the individual should include: name; Carla Mauney on (202) 267–9895, or by date and place of birth; current mailing e-mail at: [email protected]. POLICIES AND PRACTICES FOR STORING, address and zip code; signature; a brief SUPPLEMENTARY INFORMATION: RETRIEVING, ACCESSING, RETAINING AND description of the circumstances that DISPOSING OF RECORDS IN THE SYSTEM: caused the creation of the record Federal Aviation Administration (FAA) STORAGE: (including the city and/or country and Title: National Flight Attendant Duty/ Electronic media, hard copy. the approximate dates) which gives the Rest/Fatigue Survey.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15043

Type of Request: New collection. DEPARTMENT OF TRANSPORTATION Estimated Number of Respondents: OMB Control Number: 2120–XXXX. 89,000. Federal Motor Carrier Safety Estimated Time per Response: 10 Form(s): There are no FAA forms Administration minutes. associated with this collection. [Docket No. FMCSA–2008–0049] Expiration Date: April 30, 2008. Affected Public: A total of 12,000 Frequency of Response: The Form respondents. Agency Information Collection BOC–3 must be filed by all for-hire Frequency: The information is Activities; Revision of a Currently motor carriers and freight forwarders collected annually. Approved Information Collection: when the transportation entity first Designation of Agents, Motor Carriers, registers with the FMCSA. All brokers Estimated Average Burden per Brokers and Freight Forwarders are required to file the Form BOC–3 as Response: Approximately 1 hour per necessary and make a designation for AGENCY: Federal Motor Carrier Safety response. each State in which it has an office or Administration (FMCSA), DOT. Estimated Annual Burden Hours: An in which contracts will be written. ACTION: Notice and request for estimated 12,000 hours annually. Subsequent filings are made only if the information. Abstract: This project involves the motor carrier, broker or freight random and representative sampling of SUMMARY: In accordance with the forwarder changes process agents. Flight Attendants currently employed Paperwork Reduction Act of 1995, Estimated Total Annual Burden: 14,833 hours [89,000 Form BOC–3 by U.S. air carriers. The goal of this FMCSA announces its plan to submit filings per year × 10 minutes/60 minutes effort is to identify the type of fatigue the Information Collection Request (ICR) to complete form = 14,833 hours]. that flight attendants experience, the described below to the Office of Management and Budget (OMB) for Background: The Secretary of frequency with which they experience review and approval. The FMCSA Transportation (Secretary) is authorized fatigue, and the consequences fatigue requests approval to revise an existing to register for-hire motor carriers of may have on the safety of U.S. air information collection (IC) entitled regulated commodities under the carriers. The results obtained from this ‘‘Designation of Agents, Motor Carriers, provisions of 49 U.S.C. 13902; freight survey are intended to provide Brokers and Freight Forwarders,’’ which forwarders under the provisions of 49 information to FAA policy makers is used to provide registered motor U.S.C. 13903; and property brokers regarding flight attendant rest and duty carriers, property brokers, and freight under provisions of 49 U.S.C. 13904. time. forwarders a means of meeting process These entities may conduct ADDRESSES: Send comments to the FAA agent requirements. On December 26, transportation services only if they are at the following address: Ms. Carla 2007, FMCSA published a Federal registered pursuant to 49 U.S.C. 13901. Register notice allowing for a 60-day The Secretary has delegated authority Mauney, Room 712, Federal Aviation comment period on the ICR. No pertaining to these registration Administration, IT Enterprises Business comments were received on the ICR. requirements to the FMCSA. Services Division, AES–200, 800 DATES: Please send your comments by Registered motor carriers (including Independence Ave., SW., Washington, April 21, 2008. OMB must receive your private carriers) and freight forwarders DC 20591. comments by this date in order to act must designate: (1) An agent on whom Comments Are Invited On: Whether quickly on the ICR. service of notices in proceedings before the proposed collection of information ADDRESSES: All comments should the Secretary may be made (49 U.S.C. is necessary for the proper performance reference DOT Docket No. FMCSA– 13303); and (2) for every State in which of the functions of the Department, 2008–0049. You may submit comments they are authorized to operate and every including whether the information will to the Office of Information and State traversed in the United States have practical utility; the accuracy of Regulatory Affairs, Office of during such operations, agents on whom the Department’s estimates of the Management and Budget, 725 process issued by a court may be served burden of the proposed information Seventeenth Street, NW., Washington, in actions brought against the registered collection; ways to enhance the quality, DC 20503, Attention: DOT/FMCSA Desk transportation entity (49 U.S.C. 13304). utility and clarity of the information to Officer. Every broker shall make a designation be collected; and ways to minimize the FOR FURTHER INFORMATION CONTACT: Ms. for each State in which its offices are burden of the collection of information Loretta G. Bitner, Commercial located or in which contracts will be on respondents, including the use of Enforcement (MC–ECC), Department of written. Regulations governing the automated collection techniques or Transportation, Federal Motor Carrier designation of process agents are found at 49 CFR part 366, entitled other forms of information technology. Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. ‘‘Designation of Process Agent.’’ This Issued in Washington, DC, on March 13, Telephone: 202–385–2400. Office hours designation is filed with the FMCSA on 2008. are from 8 a.m. to 4:30 p.m. EST, Form BOC–3, ‘‘Designation of Agent for Carla Mauney, Monday through Friday, except Federal Service of Process.’’ FAA Information Collection Clearance Holidays. Public Comments Invited: You are Officer, IT Enterprises Business Services SUPPLEMENTARY INFORMATION: asked to comment on any aspect of this Division, AES–200. Title: Designation of Agents, Motor information collection, including: (1) [FR Doc. E8–5576 Filed 3–19–08; 8:45 am] Carriers, Brokers and Freight Whether the proposed collection is BILLING CODE 4910–13–M Forwarders. necessary for the FMCSA to perform its OMB Control Number: 2126–0015. functions; (2) the accuracy of the Type of Request: Revision of a estimated burden; (3) ways for the currently-approved information FMCSA to enhance the quality, collection. usefulness, and clarity of the collected Respondents: Motor carriers, freight information; and (4) ways that the forwarders and brokers. burden could be minimized without

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15044 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

reducing the quality of the collected • Mail: Docket Management Facility, 105–178, 112 Stat. 107, June 9, 1998) information. U.S. Department of Transportation, amended 49 U.S.C. 31315 and 31136(e) Issued On: March 12, 2008. Room W12–140, 1200 New Jersey to provide authority to grant exemptions Avenue, SE., Washington, DC 20590– from motor carrier safety regulations. Terry Shelton, 0001. Under its regulations, FMCSA must Associate Administrator for Research and • Hand Delivery: Ground Floor, Room publish a notice of each exemption Information Technology. W12–140, DOT Building, 1200 New request in the Federal Register (49 CFR [FR Doc. E8–5640 Filed 3–19–08; 8:45 am] Jersey Avenue, SE., Washington, DC, 381.315(a)). The Agency must provide BILLING CODE 4910–EX–P between 9 a.m. and the public an opportunity to inspect the 5 p.m. e.t., Monday through Friday, information relevant to the application, except Federal holidays. including the results of any safety DEPARTMENT OF TRANSPORTATION Instructions: All submissions must analyses that have been conducted. The Federal Motor Carrier Safety include the Agency name and docket Agency must also provide an number. For detailed instructions on Administration opportunity for public comment on the submitting comments and additional request. [Docket No. FMCSA–2008–0036] information on the exemption process, The Agency reviews the safety see the Public Participation heading analyses and the public comments and Commercial Driver’s License (CDL) below. Note that all comments received determines whether granting the Standards; Rotel North American will be posted without change to http:// exemption would likely achieve a level Tours, LLC; Application for Exemption www.regulations.gov, including any of safety equivalent to, or greater than, and Request for Comments personal information provided. Please the level that would be achieved by the AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below. current regulation (49 CFR 381.305(a)). Docket: For access to the docket to Administration (FMCSA), DOT. The decision of the Agency must be read background documents or published in the Federal Register (49 ACTION: Notice of application for comments received, go to http:// CFR 381.315(b)) with the reason for exemption; request for comments. www.regulations.gov at any time or to denying or, in the alternative, the SUMMARY: FMCSA announces that Rotel the ground floor, room W12–140, DOT specific person or class of persons North American Tours, LLC (Rotel) has Building, New Jersey Avenue, SE., receiving the exemption, and the applied for exemption from the Washington, DC, between 9 a.m. and regulatory provision or provisions from Agency’s requirement that drivers of 5 p.m. e.t., Monday through Friday, which exemption is being granted. The certain commercial motor vehicles except Federal holidays. notice must also specify the effective Privacy Act: Anyone is able to search (CMVs) possess a valid commercial period of the exemption (up to 2 years), the electronic form of all comments driver’s license (CDL). Rotel has and explain the terms and conditions of received into any of our dockets by the requested this exemption for 22 German the exemption. The exemption may be name of the individual submitting the bus drivers who would transport renewed (49 CFR 381.300(b)). comment (or signing the comment, if German tourists in the United States by submitted on behalf of an association, Request for Exemption means of Rotel’s specially equipped business, labor union, etc.). You may Rotel, headquartered in Terre Haute, passenger-carrying CMVs. Rotel hires review DOT’s complete Privacy Act Indiana, is engaged in conducting bus the bus drivers to conduct the tours in Statement in the Federal Register tours of the United States for Europeans. addition to operating the CMVs. Rotel published on April 11, 2000 (65 FR It currently has 22 bus drivers and 11 previously was able to conduct these 19476) or you may visit http:// customized buses dedicated to these operations without exemption because www.regulations.gov. operations. The buses qualify as its drivers had been able to obtain (and Public participation: The http:// passenger commercial motor vehicles renew) non-resident CDLs from certain www.regulations.gov Web site is (CMVs) as defined in section 383.5 of States. However, because of the recent generally available 24 hours each day, the Federal Motor Carrier Safety emphasis upon security in the U.S., 365 days each year. You can get Regulations (FMCSRs) (49 CFR 350 et. Rotel reports that no State currently electronic submission and retrieval help seq.); therefore, the operators of the issues non-resident CDLs. Rotel believes and guidelines under the ‘‘help’’ section buses must possess a valid commercial these drivers possess the knowledge and of the http://www.regulations.gov Web driver’s license (CDL) (49 CFR 383.110) skills necessary to ensure a level of site and also at the DOT’s http:// with passenger endorsement (49 CFR safety that is equivalent to, or greater docketsinfo.dot.gov Web site. If you 383.93). than, the level of safety that would be want us to notify you that we received Rotel drivers operate the buses and obtained by complying with the U.S. your comments, please include a self- deliver oral commentary during the trip. requirement for a CDL. FMCSA requests addressed, stamped envelope or Rotel prefers to use native German public comment on the Rotel postcard or print the acknowledgement drivers to conduct the tours. It tried to application for exemption. page that appears after submitting use non-native Germans who were DATES: Comments must be received on comments online. fluent in German, but states that the or before April 21, 2008. FOR FURTHER INFORMATION CONTACT: Mr. quality of its service was affected ADDRESSES: You may submit comments Robert F. Schultz, Jr., FMCSA Driver adversely. identified by Federal Docket and Carrier Operations Division, Office Rotel’s drivers hold German CDLs, but Management System Number FMCSA– of Bus and Truck Standards and these are not recognized in the U.S. 2008–0036 by any of the following Operations. Telephone: 202–366–4325. Until recently, the German drivers could methods: E-mail: [email protected]. obtain (and renew) a non-resident CDL • Web site: http:// SUPPLEMENTARY INFORMATION: in one of several States of the U.S. www.regulations.gov. Follow the However, because of the recent instructions for submitting comments Background heightening of security in the U.S., no on the Federal electronic docket site. Section 4007 of the Transportation State currently issues or renews non- • Fax: 1–202–493–2251. Equity Act for the 21st Century (Pub. L. resident CDLs. Therefore, Rotel’s drivers

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15045

cannot obtain or renew non-resident Issued on: March 13, 2008. the ‘‘Nature of Application’’ portion of CDLs. Larry W. Minor, the table below as follows: 1—Motor Rotel requests FMCSA to allow its 22 Associate Administrator for Policy and vehicle, 2—Rail freight, 3—Cargo vessel, bus drivers to operate these 11 buses Program Development. 4—Cargo aircraft only, 5—Passenger- without a CDL for a period of two years. [FR Doc. E8–5639 Filed 3–19–08; 8:45 am] carrying aircraft. It believes these drivers possess the BILLING CODE 4910–EX–P DATES: Comments must be received on knowledge and skills to ensure a level or before April 21, 2008. ADDRESS COMMENTS TO: Record Center, of safety that is equivalent to, or greater DEPARTMENT OF TRANSPORTATION than, the level of safety that would be Pipeline and Hazardous Materials Safety obtained by complying with the U.S. Pipeline and Hazardous Materials Administration, U.S. Department of requirement for a CDL. A copy of Rotel’s Safety Administration Transportation, Washington, DC 20590. application for exemption is available Comments should refer to the for review in the docket for this notice. Office of Hazardous Materials Safety; application number and be submitted in Notice of Application for Special triplicate. If confirmation of receipt of Request for Comments Permits comments is desired, include a self- addressed stamped postcard showing In accordance with 49 U.S.C. AGENCY: Pipeline and Hazardous the special permit number. 31315(b)(4) and 31136(e), FMCSA Materials Safety Administration FOR FURTHER INFORMATION CONTACT: requests public comment on Rotel’s (PHMSA), DOT. Copies of the applications are available application for exemption from the ACTION: List of Applications for Special for inspection in the Records Center, FMCSRs. The Agency will consider all Permits. East Building, PHH–30, 1200 New comments received by close of business SUMMARY: In accordance with the Jersey Avenue SE., Washington, DC or at on April 21, 2008. Comments will be http://dms.dot.gov. available for examination in the docket procedures governing the application for, and the processing of, special This notice of receipt of applications at the location listed under the permits from the Department of for special permit is published in ADDRESSES section of this notice. The Transportation’s Hazardous Material accordance with Part 107 of the Federal Agency will consider to the extent Regulations (49 CFR Part 107, Subpart hazardous materials transportation law practicable comments received in the B), notice is hereby given that the Office (49 U.S.C. 5117(b); 49 CFR l.53(b)). public docket after the closing date of of Hazardous Materials Safety has Issued in Washington, DC, on March 11, the comment period. received the application described 2008. herein. Each mode of transportation for Delmer F. Billings, which a particular special permit is Director, Office of Hazardous Materials, requested is indicated by a number in Special Permits and Approvals.

NEW SPECIAL PERMITS

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

14649–N ...... Olin Corporation, Winchester 49 CFR 173.62(b), 172.101 To authorize the transportation in commerce of Division East Alton, IL. column (8C), 173.60(b)(8), certain Division 1.4 ammunition in bulk pack- 172.300 and 172.400. aging by motor vehicle for the purpose of relo- cating a military packing operation. (mode 1) 14650–N ...... Air Transport International, 49 CFR 172.101; 171.11; To authorize the transportation in commerce of L.L.C., Little Rock, AR. 172.204(c)(3); 173.27; certain Division 1.1, 1.2, 1.3 and 1.4 explosives 175.30(a)(1); 175.320(b). which are forbidden or exceed quantities pres- ently authorized. (mode 4) 14651–N ...... Air Products and Chemicals, 49 CFR 173.40 ...... To authorize the transportation in commerce of Inc., Allentown, PA. certain manifolded DOT specification 3A and FAA cylinders containing a materials toxic by inhalation in Hazard Zone B. (mode 1) 14652–N ...... Magnum Mud Equipment Co., 49 CFR 171.14(d)(4) ...... To authorize the transportation in commerce of Inc., Houma, LA. certain Class 3 (flammable liquid) hazardous materials in IM101 portable tanks beyond the January 1, 2010 date currently authorized. (mode 1) 14656–N ...... PurePak Technology Cor- 49 CFR 173.158(f)(3) ...... To authorize the transportation in commerce of ni- poration, Chandler, AZ. tric acid of less than 70% concentration in an alternative packaging configuration. (modes 1, 2, 3) 14657–N ...... University of Missouri Re- 49 CFR 1 73.416(c) ...... To authorize the transportation in commerce of search Reactor, Columbia, certain radioactive materials in DOT 6M con- MO. tainers beyond October 1, 2008. (mode 1) 14658–N ...... Union Carbide Corporation, 49 CFR 172.200, 172.300, To authorize the transportation of combustible liq- Midland, MI. 172.400, 172.500. uid in certain DOT 51 and UN31A containers with a capacity of 120 gallons not subject to the requirements for shipping papers, marking, la- beling and placarding. (modes 1, 2, 3)

VerDate Aug<31>2005 18:11 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15046 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

NEW SPECIAL PERMITS—Continued

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

14659–N ...... ESM Group Inc., Amherst, NY 49 CFR 173.242(b) and (c) ... To authorize the transportation in commerce of calcium carbide (UN1402), Division 4.1, PG I in non-DOT specification bulk containers by motor vehicle. (mode 1) 14660–N ...... Determan Brownie, Inc., Min- 49 CFR 172.200; 173.242(b); To authorize the transportation in commerce of neapolis, MN. 173.243(b). residual amounts of Class 3 hazardous mate- rials and non-DOT specification packaging (meter provers). (mode 1) 14661–N ...... FIBA Technologies, Inc., 49 CFR 180.209(a); To authorize the ultrasonic testing of DOT–3A, Millbury, MA. 180.209(b). DOT–3AA 3AX, 3AA and 3T specification cyl- inders for use in transporting Division 2.1, 2.2 or 2.3 material. (modes 1, 2, 3) 14663–N ...... Department of Energy, Wash- 49 CFR 173.416(c) ...... To authorize the transportation in commerce of ington, DC. certain radioactive materials in DOT 6M con- tainers beyond October 1, 2008. (mode 1) 14664–N ...... Century Arms, Inc., Fairfax, 49 CFR ...... To authorize the transportation in commerce of VT. certain Division 1.4 explosives as Consumer commodity, ORM–D. (modes 1, 2, 4, 5) 14668–N ...... Lincoln Composites, Lincoln, 49 CFR 173.302a ...... To authorize the manufacture, marking, sale and NE. use of a non-DOT specification fully wrapped fiber reinforced composite gas cylinders with a non-load sharing plastic liner that meets the ISO 11119–3 standard except for the design water capacity and service pressure. (modes 1, 2, 3, 4, 5)

[FR Doc. E8–5473 Filed 3–19–08; 8:45 am] trackage rights to expire on or about DATES: This exemption is effective on BILLING CODE 4909–60–M December 31, 2008, in accordance with April 19, 2008. Petitions to stay must be the agreement of the parties,2 subject to filed by March 31, 2008. Petitions to the employee protective conditions set reopen must be filed by April 9, 2008. DEPARTMENT OF TRANSPORTATION forth in Oregon Short Line R. Co.— ADDRESSES: An original and 10 copies of Abandonment—Goshen, 360 I.C.C. 91 Surface Transportation Board all pleadings referring to STB Finance (1979). Docket No. 34554 (Sub–No. 9) must be [STB Finance Docket No. 34554 filed with the Surface Transportation (Sub–No. 9] 2 The trackage rights were originally granted in Union Pacific Railroad Company—Temporary Board, 395 E Street, SW., Washington, Union Pacific Railroad Company— Trackage Rights Exemption—The Burlington DC 20423–0001. In addition, a copy of Temporary Trackage Rights Northern and Santa Fe Railway Company, STB all pleadings must be served on Exemption—BNSF Railway Company Finance Docket No. 34554 (STB served Oct. 7, petitioner’s representative: Gabriel S. 2004). Subsequently, the parties filed notices of Meyer, 1400 Douglas Street, STOP 1580, AGENCY: Surface Transportation Board. exemption several times based on their agreements to extend expiration dates of the same trackage Omaha, NE 68179. ACTION: Partial Revocation of rights. See STB Finance Docket No. 34554 (Sub–No. Exemption. 2) (served February 11, 2005); STB Finance Docket FOR FURTHER INFORMATION CONTACT: No. 34554 (Sub–No. 4) (served March 3, 2006); and Melissa Ziembicki, (202) 245–0386. SUMMARY: The Board, under 49 U.S.C. STB Finance Docket No. 34554 (Sub–No. 6) (served [Assistance for the hearing impaired is 10502, revokes the class exemption as it January 12, 2007). Because the original and subsequent trackage rights notices were filed under available through the Federal pertains to the modified trackage rights the class exemption at 49 CFR 1180.2(d)(7), under Information Relay Service (FIRS) at 1– described in STB Finance Docket No. which trackage rights normally remain effective 800–877–8339.] 34554 (Sub–No. 8) 1 to permit the indefinitely, in each instance the Board granted partial revocation of the class exemption to permit SUPPLEMENTARY INFORMATION: 1 On December 21, 2007, Union Pacific Railway the authorized trackage rights to expire. See STB Additional information is contained in Company (UP) concurrently filed a verified notice Finance Docket No. 34554 (Sub–No. 1) (decision the Board’s decision. To purchase a served November 24, 2004); STB Finance Docket of exemption under the Board’s class exemption copy of the full decision, write to, e- procedures at 49 CFR 1180.2(d)(7). The notice No. 34554 (Sub–No. 3) (decision served March 25, covered the agreement by BNSF Railway Company 2005); STB Finance Docket No. 34554 (Sub–No. 5) mail, or call: ASAP Document (BNSF) to extend the expiration date of the local (decision served March 23, 2006); and STB Finance Solutions, 9332 Annapolis Rd., Suite trackage rights granted to UP over BNSF’s line of Docket No. 34554 (Sub–No. 7) (decision served 103, Lanham, MD 20706; e-mail: railroad between BNSF milepost 579.3 near Mill March 13, 2007). At the time of the extension Creek, OK, and BNSF milepost 631.1 near Joe authorized in STB Finance Docket No. 34554 (Sub– [email protected]; telephone: (202) Junction, TX, a distance of approximately 51 miles. No. 6), the parties anticipated that the authority to 306–4004. [Assistance for the hearing UP submits that the trackage rights are only allow the rights to expire would be exercised by impaired is available through FIRS at 1– temporary rights, but, because they are ‘‘local’’ December 31, 2007. However, the parties filed on rather than ‘‘overhead’’ rights, they do not qualify December 21, 2007 in STB Finance Docket No. 800–877–8339.] for the Board’s class exemption for temporary 34554 (Sub–No. 8) their most recent notice of Board decisions and notices are trackage rights under 49 CFR 1180.2(d)(8). See exemption so that the trackage rights could be Union Pacific Railroad Company—Temporary extended to December 31, 2008, and in STB available on our Web site at http:// Trackage Rights Exemption—BNSF Railway Finance Docket No. 34554 (Sub–No. 9) their latest www.stb.dot.gov. Company, STB Finance Docket No. 34554 (Sub–No. petition to partially revoke the class exemption to 8) (STB served Jan. 4, 2008). permit expiration, which we are addressing here. Decided: March 12, 2008.

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices 15047

By the Board, Chairman Nottingham, Vice or determined. The form describes the DEPARTMENT OF THE TREASURY Chairman Mulvey, and Commissioner products that are to be withdrawn to Buttrey. determine the amount of tax to be Office of Thrift Supervision Anne K. Quinlan, claimed later as a tax credit or refund. Acting Secretary. The form notifies TTB when withdrawal Proposed Agency Information [FR Doc. E8–5544 Filed 3–19–08; 8:45 am] or destruction is to take place, and TTB Collection Activities; Comment Request—Lending and Investment BILLING CODE 4915–01–P may elect to supervise withdrawal or destruction. AGENCY: Office of Thrift Supervision Respondents: Business and other for (OTS), Treasury. DEPARTMENT OF THE TREASURY profits. ACTION: Notice and request for comment. Submission for OMB Review; Estimated Total Burden Hours: 900 Comment Request hours. SUMMARY: The Department of the Treasury, as part of its continuing effort March 13, 2008. OMB Number: 1513–0062. to reduce paperwork and respondent The Department of Treasury will Type of Review: Revision. burden, invites the general public and submit the following public information Title: Usual and Customary Business other Federal agencies to comment on collection requirement(s) to OMB for Records Relating to Denatured Spirits proposed and continuing information review and clearance under the TTB REC 5150/1. collections, as required by the Paperwork Reduction Act of 1995, Paperwork Reduction Act of 1995, 44 Public Law 104–13 on or after the date Description: Denatured Spirits are U.S.C. 3507. The Office of Thrift of publication of this notice. Copies of used for non-beverage industrial Supervision within the Department of the submission(s) may be obtained by purposes in the manufacture of personal the Treasury will submit the proposed calling the Treasury Bureau Clearance household products. The manufacturer information collection requirement Officer listed. Comments regarding this maintains and TTB inspects records to described below to the Office of information collection should be ensure spirits accountability. By Management and Budget (OMB) for addressed to the OMB reviewer listed ensuring that spirits have not been review, as required by the Paperwork and to the Treasury Department diverted to beverage use, TTB protects Reduction Act. Today, OTS is soliciting Clearance Officer, Department of the tax revenue and public safety. These are public comments on its proposal to Treasury, Room 11000, 1750 normal business records that the extend this information collection. manufacturer already keeps. Pennsylvania Avenue, NW., DATES: Submit written comments on or Washington, DC 20220. Respondents: Business and other for before May 19, 2008. DATES: Written comments should be profits. ADDRESSES: Send comments, referring to received on or before April 21, 2008 to Estimated Total Burden Hours: 1 the collection by title of the proposal or be assured of consideration. hour. by OMB approval number, to Alcohol and Tobacco Tax and Trade OMB Number: 1513–0017. Information Collection Comments, Chief Bureau (TTB) Counsel’s Office, Office of Thrift Type of Review: Revision. OMB Number: 1513-XXXX. Supervision, 1700 G Street, NW., Type of Review: New Collection. Title: Drawback on Beer Exported. Washington, DC 20552; send a facsimile Title: Records to support tax free and Form: TTB F 5130.6. transmission to (202) 906–6518; or send tax overpayment sales of firearms and an e-mail to Description: When tax-paid beer is [email protected]. ammunition. removed from a brewery and ultimately Forms: TTB F 5600.33, 5600.34, OTS will post comments and the related exported, the brewer exporting the beer index on the OTS Internet Site at 5600.35, 5600.36, 5600.37. is eligible for a drawback (refund) of Description: Industry Members are http://www.ots.treas.gov. In addition, Federal taxes paid. By completing this required to maintain certain records in interested persons may inspect form and submitting documentation of accordance with regulations. TTB offers comments at the Public Reading Room, exportation, the brewer may receive a forms that ensure that all of the 1700 G Street, and NW., by refund of Federal taxes paid. information required by regulations is appointment. To make an appointment, accounted for, when completed. The Respondents: Business and other for call (202) 906–5922, send an e-mail to information collected on the forms serve profits. [email protected], or send a as a record to justify the sales to exempt Estimated Total Burden Hours: 5,000 facsimile transmission to (202) 906– users, exportation, or use for further hours. 7755. manufacture of articles. Clearance Officer: Frank Foote, (202) FOR FURTHER INFORMATION CONTACT: You Respondents: Businesses or other for- 927–9347, Alcohol and Tobacco Tax can request additional information profit institutions. about this proposed information Estimated Total Burden Hours: 52,500 and Trade Bureau, Room 200 East, 1310 G. Street, NW., Washington, DC 20005. collection from William J. Magrini, (202) hours. 906–5744, Office of Thrift Supervision, OMB Reviewer: Alexander T. Hunt, OMB Number: 1513–0034. 1700 G Street, NW., Washington, DC (202) 395–7316, Office of Management Type of Review: Revision. 20552. Title: Schedule of Tobacco Products, and Budget, Room 10235, New Cigarette Papers or Tubes Withdrawn Executive Office Building, Washington, SUPPLEMENTARY INFORMATION: OTS may from the Market. DC 20503. not conduct or sponsor an information Form: TTB F 5200.7. collection, and respondents are not Description: TTB F 5200.7 is used by Robert Dahl, required to respond to an information persons who intend to withdraw Treasury PRA Clearance Officer. collection, unless the information tobacco products from the market for [FR Doc. E8–5617 Filed 3–19–08; 8:45 am] collection displays a currently valid which the taxes has already been paid BILLING CODE 4810–31–P OMB control number. As part of the

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15048 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

approval process, we invite comments Estimated Number of Responses: such veterans for compensation, health on the following information collection. 783,230. care, and rehabilitation. Comments should address one or Estimated Frequency of Response: On The agenda for April 14 will include more of the following points: occasion. remarks by VA officials, a review of a. Whether the proposed collection of Estimated Total Burden: 296,100 committee reports, an update of information is necessary for the proper hours. activities since the last meeting, and a performance of the functions of OTS; Clearance Officer: Ira L. Mills, (202) period for former prisoners of war and/ b. The accuracy of OTS’s estimate of 906–6531, Office of Thrift Supervision, the burden of the proposed information or the public to address the Committee. 1700 G Street, NW., Washington, DC On April 15, the Committee will hear collection; 20552. c. Ways to enhance the quality, presentations from representatives of utility, and clarity of the information to Dated: March 14, 2008. the Robert E. Mitchell Center for be collected; Deborah Dakin, Prisoner of War Studies and the d. Ways to minimize the burden of the Senior Deputy Chief Counsel, Regulations and Employee Education System, Veterans information collection on respondents, Legislation Division. Heath Administration. The day will including through the use of [FR Doc. E8–5624 Filed 3–19–08; 8:45 am] conclude with new business and general information technology. BILLING CODE 6720–01–P discussion. On April 16, the We will summarize the comments Committee’s medical and administrative that we receive and include them in the work groups will meet to discuss their OTS request for OMB approval. All DEPARTMENT OF VETERANS activities and then will report back to comments will become a matter of AFFAIRS the Committee in the afternoon. public record. In this notice, OTS is Additionally, the Committee will soliciting comments concerning the Advisory Committee on Former review issues discussed throughout the following information collection. Prisoners of War; Notice of Meeting meeting to compile a report to be sent Title of Proposal: Lending and The Department of Veterans Affairs to the Secretary. Investment. OMB Number: 1550–0078. gives notice under Public Law 92–463 Members of the public may submit Form Numbers: N/A. (Federal Advisory Committee Act) that written statements for review by the Regulation requirement: 12 CFR Parts the Advisory Committee on Former Committee in advance of the meeting to 560, 562, 563, and 590. Prisoners of War has scheduled a Mr. Bradley G. Mayes, Director, Description: OTS uses the information meeting for April 14–16, 2008, in Room Compensation and Pension Service, during the examination process to 230 at the Department of Veterans Department of Veterans Affairs, 810 ensure that savings associations are Affairs, 810 Vermont Avenue, Vermont Avenue, NW., Washington, DC complying with applicable rules and Washington, DC. The meeting will be 20420. Submitted materials must be regulations as well as engaging in safe held from 9 a.m. to 4 p.m. each day. The received not later than March 31, 2008. and sound lending practices. meeting is open to the public. Dated: March 14,2008. Type of Review: Extension of a The purpose of the Committee is to By Direction of the Secretary: advise the Secretary of Veterans Affairs currently approved collection. E. Philip Riggin, Affected Public: Businesses or other on the administration of benefits under for-profit: title 38, United States Code, for veterans Committee Management Officer. Estimated Number of Respondents: who are former prisoners of war, and to [FR Doc. E8–5580 Filed 3–19–08; 8:45 am] 830. make recommendations on the needs of BILLING CODE 8320–01–M

VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 mstockstill on PROD1PC66 with NOTICES 15049

Corrections Federal Register Vol. 73, No. 55

Thursday, March 20, 2008

This section of the FEDERAL REGISTER DEPARTMENT OF COMMERCE DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously published Presidential, Rule, Proposed Rule, International Trade Administration Federal Aviation Administration and Notice documents. These corrections are prepared by the Office of the Federal [A–533–810] 14 CFR Part 71 Register. Agency prepared corrections are issued as signed documents and appear in Stainless Steel Bar from India: Notice [Docket No. FAA–2008–0059; Airspace the appropriate document categories of Preliminary Results and Partial Docket No. 08–ANE–90] elsewhere in the issue. Rescission of Antidumping Duty Administrative Review Establishment of Class E Airspace; Fort Kent, ME Correction In notice document E8–4245 Correction beginning on page 12382 in the issue of In rule document 08–734 beginning Friday, March 7, 2008, make the on page 9451 in the issue of Thursday, following correction: February 21, 2008, make the following On page 12387 in the second column, correction: in the DATED heading, ‘‘September 28, On page 9452, in the first column, 2008.’’ should read ‘‘February 28, under ‘‘Rule’’ heading, in the seventh 2008’’. line, ‘‘011’’ should read ‘‘001’’. [FR Doc. Z8–4245 Filed 3–19–08; 8:45 am] [FR Doc. Z8–734 Filed 3–19–08; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D

VerDate Aug<31>2005 16:48 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\20MRCX.SGM 20MRCX mstockstill on PROD1PC66 with FEDREGCX i

Reader Aids Federal Register Vol. 73, No. 55 Thursday, March 20, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 966...... 14400 Presidential Documents 3 CFR 981...... 11360 Executive orders and proclamations 741–6000 Proclamations: 984...... 14400 The United States Government Manual 741–6000 8221...... 11513 1212...... 11470 8222...... 11515 1240...... 11470 Other Services 8223...... 11999 Electronic and on-line services (voice) 741–6020 8224...... 12001 9 CFR Privacy Act Compilation 741–6064 8225...... 13429 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 8226...... 14915 2...... 14403 TTY for the deaf-and-hard-of-hearing 741–6086 Executive Orders: 3...... 14403 12333 (See 13462)...... 11805 12863 (Revoked by 10 CFR ELECTRONIC RESEARCH 13462) ...... 11805 Ch. I ...... 14376 World Wide Web 12958 (See 13462)...... 11805 2...... 12627 12968 (See 13462)...... 11805 72...... 13071 Full text of the daily Federal Register, CFR and other publications 13288 (See Notice of 490...... 13729 is located at: http://www.gpoaccess.gov/nara/index.html March 4, 2008)...... 12005 Proposed Rules: Federal Register information and research tools, including Public 13391 (See Notice of 20...... 14946 Inspection List, indexes, and links to GPO Access are located at: March 4, 2008)...... 12005 30...... 14946 http://www.archives.gov/federallregister 13462...... 11805 40...... 14946 E-mail Administrative Orders: 50...... 13157, 14946 Notices: 51...... 14946 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Notice of March 4, 70...... 14946 an open e-mail service that provides subscribers with a digital 2008 ...... 12005 72...... 14946 form of the Federal Register Table of Contents. The digital form Notice of March 12, 430...... 13465, 13620 of the Federal Register Table of Contents includes HTML and 2008 ...... 13727 PDF links to the full text of each document. Presidential 12 CFR To join or leave, go to http://listserv.access.gpo.gov and select Determinations: 16...... 12009 Online mailing list archives, FEDREGTOC-L, Join or leave the list No. 2008-13 of 32...... 14922 (or change settings); then follow the instructions. February 28, 2008 ...... 12259 797...... 11340 No. 2008-14 of March PENS (Public Law Electronic Notification Service) is an e-mail 7, 2008 ...... 13431 13 CFR service that notifies subscribers of recently enacted laws. 121...... 12869 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR and select Join or leave the list (or change settings); then follow 2641...... 12007 14 CFR the instructions. Proposed Rules: 23...... 12542 FEDREGTOC-L and PENS are mailing lists only. We cannot 1601...... 12665 25...... 12542 27...... 12542 respond to specific inquiries. 7 CFR 29...... 12542 Reference questions. Send questions and comments about the 56...... 11517 39 ...... 11346, 11347, 11527, Federal Register system to: [email protected] 70...... 11517 11529, 11531, 11534, 11536, The Federal Register staff cannot interpret specific documents or 246...... 11305, 14153 11538, 11540, 11542, 11544, regulations. 457...... 11314, 11318 11545, 11812, 13071, 13075, 786...... 11519 13076, 13078, 13081, 13084, 905...... 14371 FEDERAL REGISTER PAGES AND DATE, MARCH 13087, 13093, 13096, 13098, 916...... 14372 13100, 13103, 13106, 13109, 11305–11516...... 3 917...... 14372 13111, 13113, 13115, 13117, 11517–11810...... 4 930...... 11323 13120, 13433, 13436, 13438, 983...... 14917 11811–12006...... 5 14377, 14378, 14659, 14661, 984...... 11328 12007–12258...... 6 14665, 14666, 14668, 14670, 1000...... 14153 14673 12259–12626...... 7 1005...... 14153 61...... 14676 12627–12868...... 10 1006...... 14153 71 ...... 12010, 13122, 14677, 12869–13070...... 11 1007...... 14153 14679, 14680, 14924, 14925, 13071–13428...... 12 1212...... 11470 15049 13429–13728...... 13 1216...... 14919 91...... 12542, 14676 13729–14152...... 14 3565...... 11811 95...... 14381 14153–14370...... 17 3570...... 14171 97 ...... 11551, 12631, 14681, 14371–14658...... 18 Proposed Rules: 14686 14659–14916...... 19 205...... 13795 121...... 12542 14917–15050...... 20 927...... 14400 125...... 12542 955...... 14400 129...... 12542 956...... 13798 135...... 12542, 14676

VerDate Aug 31 2005 19:31 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\20MRCU.LOC 20MRCU rwilkins on PROD1PC63 with NOTICES ii Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Reader Aids

Proposed Rules: 600...... 12262 110...... 12925 45 CFR 39 ...... 11363, 11364, 11366, 1308...... 14177 117...... 12315, 13160 670...... 14939 11369, 11841, 12032, 12034, 165...... 12318 Proposed Rules: Proposed Rules: 12299, 12301, 12303, 12901, 516...... 14411 181...... 14193 12905, 12907, 12910, 12912, 95...... 12341 13157, 13480, 13483, 13486, 22 CFR 36 CFR 1160...... 11577 13488, 13490, 13492, 13494, 41...... 14926 242...... 13761 47 CFR 13496, 13498, 13501, 13503, 42...... 14926 13504, 13507, 13509, 13511, 310...... 14687 37 CFR 0...... 11561 13513, 13515, 13800, 13803, 2...... 13780 6...... 14941 13806, 14189, 14191, 14403, 23 CFR 258...... 14183 54...... 11837 14405, 14731, 14733 771...... 13368 Proposed Rules: 64...... 13144, 14941 60...... 11995 774...... 13368 1...... 12679 73...... 11353, 13452 71 ...... 13159, 13809, 13811, Proposed Rules: 76...... 12279 14408, 14949 630...... 12038 39 CFR Proposed Rules: 234...... 11843 20...... 12274 32...... 11580, 11587 253...... 11843 24 CFR 956...... 12893, 13131 36...... 11580, 11587 259...... 11843 17...... 13722 Proposed Rules: 54 ...... 11580, 11587, 11591 399...... 11843 180...... 13722 111 ...... 11564, 12321, 13812 63...... 11587, 11591 73...... 12061, 12928 15 CFR Proposed Rules: 203...... 14030 40 CFR 738...... 14687 3500...... 14030 52 ...... 11553, 11554, 11557, 48 CFR Proposed Rules: 11560, 12011, 12639, 12893, 225...... 11354 296...... 12305 25 CFR 12895, 13440, 14387, 14389, 232...... 11356 16 CFR 224...... 12808 14687 252...... 11354, 11356 63...... 12275 2152...... 14727 453...... 13740 26 CFR 80...... 13132 Proposed Rules: Proposed Rules: 1 ...... 12263, 12265, 12268, 81 ...... 11557, 11560, 12013, 13...... 12699 Ch. I ...... 11844 13124, 14386, 14687, 14934 14391, 14687 19...... 12699 260...... 11371 301...... 13440 86...... 13441 1537...... 11602 306...... 12916 Proposed Rules: 180 ...... 11816, 11820, 11826, 1552...... 11602 1634...... 11702 1 ...... 12041, 12312, 12313, 11831, 13136, 14713, 14714 268...... 12017 12838, 14417 49 CFR 17 CFR 271...... 12277, 13141 Proposed Rules: 27 CFR 300...... 14719 1...... 14727 230...... 13404 9 ...... 12870, 12875, 12878 Proposed Rules: 541...... 13150 239...... 13404, 14618 51...... 11375 622...... 13368 240...... 13404 28 CFR 52 ...... 11564, 11565, 11845, 1572...... 13155 248...... 13692 2...... 12635 11846, 12041, 13813, 14426 Proposed Rules: 249...... 13404 55...... 13822 39...... 14427 270...... 14618 29 CFR 63...... 14126 192...... 13167 274...... 14618 1910...... 13753 80...... 13163 571...... 12354, 13825 275...... 13958 4022...... 13754 86...... 13518 Ch. X...... 13523 279...... 13958 4044...... 13754 93...... 11375 122...... 12321 50 CFR 18 CFR Proposed Rules: 403...... 11754 158...... 11848 92...... 13788 141...... 14173 4001...... 14735 161...... 11848 100...... 13761 385...... 14173 4211...... 14735 268...... 12043 224...... 12024 Proposed Rules: 4219...... 14735 271...... 12340, 13167 229...... 11837, 14396 35...... 12576 300...... 14742 300...... 12280 30 CFR 372...... 12045 19 CFR 622...... 14942 943...... 14179 761...... 12053 648...... 13463, 14187 4...... 12634 41 CFR 679 ...... 11562, 11840, 12031, 122...... 12261 31 CFR 12297, 12663, 12897, 12898, 356...... 14937 301-10...... 13784 13156, 13464, 14728 20 CFR 901...... 12272 Proposed Rules: 697...... 11563 404...... 11349, 14570 301-10...... 11576 Proposed Rules: 416...... 11349 32 CFR 42 CFR 17 ...... 12065, 12067, 12929, Proposed Rules: 240...... 12011 14950 295...... 12037 700...... 12274 447...... 13785 223 ...... 11849, 12941, 13185, 404...... 12923, 14409 Proposed Rules: 14195 33 CFR 416...... 12923 423...... 14342 224 ...... 11849, 12941, 13185, 100...... 12881 14195 21 CFR 110...... 13125 44 CFR 226...... 12068 111...... 13123 117 ...... 12884, 12886, 12888, 64...... 14185 600...... 14428 510...... 14384 12889, 13127, 13128, 13756 65...... 12640, 12644 648 ...... 11376, 11606, 12941, 522 ...... 12634, 14177, 14384, 165 ...... 11814, 12637, 12891, 67...... 12647 14748 14926 13129, 13756, 13759, 14181 Proposed Rules: 660...... 14765 526...... 12262 Proposed Rules: 67 ...... 12684, 12691, 12695, 679...... 11851, 12357 558...... 14385 100...... 12669 12697 680...... 14766

VerDate Aug 31 2005 19:31 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\20MRCU.LOC 20MRCU rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Reader Aids iii

REMINDERS TREASURY DEPARTMENT Environmental Statements; Orthotics, and Supplies The items in this list were Fiscal Service Notice of Intent: Supplier Enrollment editorially compiled as an aid Sale and Issue of Marketable Coastal Nonpoint Pollution Safeguards; to Federal Register users. Book-Entry Treasury Bills, Control Programs; States Establishment; comments Inclusion or exclusion from Notes, and Bonds: and Territories— due by 3-25-08; published 1-25-08 [FR E8-01346] this list has no legal Minimum and Multiple Florida and South significance. Amounts Eligible for Carolina; Open for Prospective Payment STRIPS, Legacy Treasury comments until further System for Long-Term Direct, and Certification notice; published 2-11- Care Hospital RY 2009; RULES GOING INTO Requirements; published 08 [FR 08-00596] Proposed Annual Payment Rates Updates, Policy EFFECT MARCH 20, 2008 3-20-08 Outer Continental Shelf Air Changes, and Regulations Consistency TREASURY DEPARTMENT Clarifications; comments COMMERCE DEPARTMENT Update for Massachusetts; Internal Revenue Service due by 3-24-08; published comments due by 3-28-08; National Oceanic and Application of Normalization 1-29-08 [FR 08-00297] Atmospheric Administration published 2-27-08 [FR E8- Accounting Rules to 03614] HEALTH AND HUMAN Fisheries of the Exclusive Balances of Excess SERVICES DEPARTMENT Economic Zone Off Alaska: Superfund program: Deferred Income Taxes, Food and Drug Emergency planning and Groundfish, Crab, Scallop, etc.; published 3-20-08 Administration and Salmon Fisheries of community right-to-know— Human drugs, biological the Bering Sea and COMMENTS DUE NEXT Air releases of hazardous products, or medical Aleutian Islands substances from animal devices: Management Area; WEEK waste; administrative published 2-19-08 reporting exemption; Strategic National Stockpile; COMMERCE DEPARTMENT comments due by 3-27- product labeling Taking of Marine Mammal requirements; exceptions National Oceanic and 08; published 12-28-07 Incidental to Commercial or alternatives; comments Atmospheric Administration [FR E7-25231] Fishing Operations: due by 3-27-08; published Atlantic Large Whale Take Fisheries of the Northeastern FEDERAL 12-28-07 [FR E7-25165] United States; Northeast Reduction Plan; published COMMUNICATIONS Salt and sodium; regulatory Multispecies Fishery: 3-18-08 COMMISSION status and food labeling FEDERAL 2008 Georges Bank Cod Cable Horizontal and Vertical requirements; citizen petition COMMUNICATIONS Fixed Gear Sector Ownership Limits; comments and public hearing; COMMISSION Operations Plan and due by 3-28-08; published comments due by 3-28-08; Interconnected Voice Over Agreement, and Allocation 2-27-08 [FR E8-03701] published 10-23-07 [FR 07- Internet Protocol Services, of Georges Bank Cod Radio Broadcasting Services: 05216] Total Allowable Catch; Sections 225 and 255; Dededo, Guam; comments comments due by 3-26- HOMELAND SECURITY published 3-20-08 due by 3-24-08; published 08; published 3-11-08 [FR DEPARTMENT 2-21-08 [FR E8-03225] NATIONAL SCIENCE E8-04803] Federal Emergency FOUNDATION Magnuson-Stevens Fishery Telephone Number Management Agency Conservation of Antarctic Conservation and Requirements for IP-Enabled Flood elevation determinations: Animals and Plants; Management Act Provisions: Services Providers; Local Various States; comments published 3-20-08 Number Portability Porting due by 3-27-08; published Fisheries of the Interval and Validation TRANSPORTATION 12-28-07 [FR E7-25316] Northeastern United Requirements; comments DEPARTMENT Flood Elevation States; Monkfish Fishery; due by 3-24-08; published Determinations: Federal Aviation comments due by 3-25- 2-21-08 [FR E8-03129] Administration 08; published 3-4-08 [FR Various States; comments FEDERAL RESERVE Airworthiness Directives: E8-04124] due by 3-27-08; published SYSTEM Bombardier Model DHC-8- DEFENSE DEPARTMENT 12-28-07 [FR E7-25307] Reserve Requirements of 400 Series Airplanes; MERIT SYSTEMS Defense Acquisition Depository Institutions: published 2-14-08 Regulations System PROTECTION BOARD Issue and Cancellation of Class E Airspace; Defense Federal Acquisition Implementation of Electronic Federal Reserve Bank Amendment: Regulation Supplement: Filing; comments due by 3- Capital Stock; comments 27-08; published 2-26-08 Black River Falls, WI; Research and Development due by 3-28-08; published [FR E8-03515] published 3-20-08 Contract Type 2-12-08 [FR E8-02558] Determination (DFARS NATIONAL LABOR Indianapolis, IN; published HEALTH AND HUMAN 3-20-08 Case 2006-D053); RELATIONS BOARD comments due by 3-24- SERVICES DEPARTMENT Joint Petitions for Certification Class E Airspace; Centers for Medicare & Establishment: 08; published 1-24-08 [FR Consenting to an Election; E8-01092] Medicaid Services comments due by 3-27-08; Lexington, OK; published 3- Medicaid Program: published 2-26-08 [FR E8- 20-08 Trade Agreements—New Thresholds; comments Premiums and Cost 02767] Special Conditions: due by 3-24-08; published Sharing; comments due TRANSPORTATION Boeing Model 787 Series 1-24-08 [FR E8-01103] by 3-24-08; published 2- DEPARTMENT Airplanes— ENVIRONMENTAL 22-08 [FR E8-03211] Federal Aviation Seats With Non-traditional, PROTECTION AGENCY State Flexibility for Medicaid Administration Large, Non-Metallic Approval and Promulgation of Benefit Packages; Airworthiness Directives: Panels; published 2-19- Air Quality Implementation comments due by 3-24- Apex Aircraft Model CAP 10 08 Plans: 08; published 2-22-08 [FR B Airplanes; comments TREASURY DEPARTMENT Maine; Open Burning Rule; E8-03206] due by 3-26-08; published Comptroller of the Currency comments due by 3-24- Medicare Program: 2-25-08 [FR E8-03411] Lending Limits; published 3- 08; published 2-21-08 [FR Additional Durable Medical Bell Helicopter Textron 20-08 E8-03246] Equipment, Prosthetics, Canada Model 222, 222B,

VerDate Aug 31 2005 19:31 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\20MRCU.LOC 20MRCU rwilkins on PROD1PC63 with NOTICES iv Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Reader Aids

222U, 230 and 430 Produkcyjne Roof Crush Resistance; pamphlet) form from the Helicopters; comments Szybownictwa PZL-Bielsko comments due by 3-27- Superintendent of Documents, due by 3-24-08; published Model SZD-50-3 Puchacz 08; published 3-14-08 [FR U.S. Government Printing 1-23-08 [FR E8-01026] Gliders; comments due by 08-01025] Office, Washington, DC 20402 Boeing Model 727 3-27-08; published 2-26- Tire Registration and (phone, 202–512–1808). The Airplanes; comments due 08 [FR E8-03579] Recordkeeping; comments text will also be made by 3-24-08; published 2-8- Rolls-Royce plc RB211 due by 3-24-08; published available on the Internet from 08 [FR E8-02354] Series Turbofan Engines; 1-24-08 [FR E8-01099] GPO Access at http:// www.gpoaccess.gov/plaws/ Boeing Model 737-100, comments due by 3-24- TREASURY DEPARTMENT 08; published 2-21-08 [FR index.html. Some laws may -200, -200C, -300, -400, Internal Revenue Service and -500 Series E8-03192] not yet be available. Airplanes; comments due Saab Model SAAB Fairchild Employment taxes and by 3-24-08; published 2-8- SF340A (SAAB/SF340A) collection of income taxes at S. 2745/P.L. 110–196 08 [FR E8-02353] and SAAB 340B source: To extend agricultural Boeing Model 737-600, Airplanes; comments due Employment tax adjustments programs beyond March 15, -700, -700C, -800, and by 3-26-08; published 3-6- and refund claims; 2008, to suspend permanent -900 Series Airplanes, 08 [FR E8-04326] hearing; comments due price support authorities Equipped with CFM56-7 Class E Airspace: by 3-27-08; published 12- beyond that date, and for 31-07 [FR E7-25134] Engines; comments due Black River Falls, WI; other purposes. (Mar. 14, by 3-24-08; published 2-8- comments due by 3-27- Income taxes: 2008; 122 Stat. 653) 08 [FR E8-02351] 08; published 2-11-08 [FR Controlled groups of S.J. Res. 25/P.L. 110–197 Boeing Model 737 400, 500, 08-00528] corporations; additional Providing for the appointment 600, 700, 700C, 800, and Lexington, OK; comments tax calculation and of John W. McCarter as a 900 Series Airplanes; due by 3-27-08; published apportionment; cross- citizen regent of the Board of comments due by 3-24- 2-11-08 [FR 08-00525] reference; comments due by 3-25-08; published 12- Regents of the Smithsonian 08; published 2-8-08 [FR TRANSPORTATION E8-02355] 26-07 [FR E7-24886] Institution. (Mar. 14, 2008; 122 DEPARTMENT Stat. 655) Dornier Luftfahrt GmbH Federal Motor Carrier Safety Hybrid retirement plans; Last List March 13, 2008 Models 228-100, 228 101, Administration comments due by 3-27- 228 200, 228-201, 228- 08; published 12-28-07 Motor carrier safety standards: 202, and 228-212 [FR E7-25025] Airplanes; comments due Entry-level commercial by 3-26-08; published 2- motor vehicle operators; Public Laws Electronic 25-08 [FR E8-03407] minimum training LIST OF PUBLIC LAWS Notification Service Embraer Model EMB-135BJ requirements; comments (PENS) Airplanes; comments due due by 3-25-08; published This is a continuing list of by 3-24-08; published 2- 12-26-07 [FR E7-24769] public bills from the current 21-08 [FR E8-03191] TRANSPORTATION session of Congress which PENS is a free electronic mail notification service of newly Empresa Brasileira de DEPARTMENT have become Federal laws. It enacted public laws. To Aeronautica S.A.; National Highway Traffic may be used in conjunction subscribe, go to http:// comments due by 3-24- Safety Administration with ‘‘PLUS’’ (Public Laws listserv.gsa.gov/archives/ 08; published 2-21-08 [FR Federal Motor Vehicle Safety Update Service) on 202–741– publaws-l.html E8-03190] Standards, Child Restraint 6043. This list is also available online at http:// Eurocopter France Model Systems: www.archives.gov/federal- Note: This service is strictly AS 355 F2 and AS 355 N Anthropomorphic Test Drive; register/laws.html. for E-mail notification of new Helicopters; comments comments due by 3-24- laws. The text of laws is not due by 3-28-08; published 08; published 1-23-08 [FR The text of laws is not available through this service. 1-28-08 [FR E8-01019] E8-00856] published in the Federal PENS cannot respond to Przedsiebiorstwo Federal Motor Vehicle Safety Register but may be ordered specific inquiries sent to this Doswiadczalno- Standards: in ‘‘slip law’’ (individual address.

VerDate Aug 31 2005 19:31 Mar 19, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\20MRCU.LOC 20MRCU rwilkins on PROD1PC63 with NOTICES