2–8–08 Friday Vol. 73 No. 27 Feb. 8, 2008

Pages 7461–7656

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Contents Federal Register Vol. 73, No. 27

Friday, February 8, 2008

Agriculture Department See Economic Analysis Bureau See Animal and Plant Health Inspection Service See Industry and Security Bureau See Forest Service See International Trade Administration See Grain Inspection, Packers and Stockyards See National Oceanic and Atmospheric Administration Administration See Natural Resources Conservation Service Committee for Purchase From People Who Are Blind or See Rural Business-Cooperative Service Severely Disabled NOTICES NOTICES Agency Information Collection Activities; Proposals, Additions to the Procurement List, 7520 Submissions, and Approvals, 7506 Proposed Additions to and Deletions from the Procurement List, 7520–7521 Air Force Department NOTICES Defense Department Intent to Grant an Exclusive Patent License, 7534 See Air Force Department Animal and Plant Health Inspection Service See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Economic Analysis Bureau Submissions, and Approvals, 7506–7507 NOTICES Agency Information Collection Activities; Proposals, Antitrust Division Submissions, and Approvals; Correction, 7525 NOTICES Notice Pursuant to the National Cooperative Research and Education Department Production Act of 1993—National Shipbuilding NOTICES Research Program, 7591–7593 Office of Postsecondary Education: Industry Consortium, Inc. Fund for the Improvement of Postsecondary Education United States v. Pearson PLC, Pearson Education Inc., Reed (FIPSE); Special Focus Competition; Program for Elsevier PLC, Reed Elsevier NV, and Harcourt North American Mobility in Higher Education, 7535– Assessment Inc., 7593–7607 7538

Army Department Employment and Training Administration See Engineers Corps NOTICES Science, Technology, Engineering, and Mathematics Blind or Severely Disabled, Committee for Purchase From (STEM) Opportunities in the Workforce System People Who Are Initiative: See Committee for Purchase From People Who Are Blind Solicitation for Grant Applications, 7607–7608 or Severely Disabled Energy Department Bonneville Power Administration See Bonneville Power Administration NOTICES NOTICES 2007 Supplemental Wholesale Power Rate Adjustment Agency Information Collection Activities; Proposals, Proceeding, Public Hearings, and Opportunities for Submissions, and Approvals, 7538–7539 Public Review and Comment, 7539–7555 Engineers Corps Census Bureau NOTICES NOTICES Intent to Grant Partially Exclusive License of U.S. Patent Census County Division and Equivalent Entities Program Application No. 11/82,432 etc., 7535 for the 2010 Census; Final Criteria, 7521–7525

Centers for Medicare & Medicaid Services Environmental Protection Agency See Inspector General Office, Health and Human Services RULES Department Approval and Promulgation of Air Quality Implementation NOTICES Plans: Agency Information Collection Activities; Proposals, Maine; Transportation Conformity, 7465–7468 Submissions, and Approvals, 7560–7562 Approval and Promulgation of Implementation Plans and Operating Permits Program: Children and Families Administration Kansas, 7468–7472 NOTICES Inert ingredients: Agency Information Collection Activities; Proposals, Denial of Pesticide Petitions, etc., 7472–7475 Submissions, and Approvals, 7562–7563 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Commerce Department Plans: See Census Bureau Maine; Transportation Conformity, 7504

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Approval and Promulgation of Implementation Plans and Food and Drug Administration Operating Permits Program: RULES Kansas, 7504–7505 Revisions to the Requirements Applicable to Blood, Blood NOTICES Components and Source Plasma; Confirmation of Environmental Impact Statement; Notice of Availability, Effective Date and Technical Amendment, 7463–7464 7555–7556 PROPOSED RULES Environmental Impact Statements and Regulations; Devices: Availability of EPA Comments, 7556–7557 General Hospital and Personal Use Devices; Reclassification of Medical Device Data System, Farm Credit Administration 7498–7503 RULES NOTICES Disclosure to Investors in System-Wide and Consolidated Agency Information Collection Activities; Proposals, Bank Debt Obligations of Farm Credit System; Effective Submissions, and Approvals, 7564 Date, 7461 Drug Products Containing Colchicine for Injection; NOTICES Enforcement Action Dates, 7565–7567 Meetings; Sunshine Act, 7557–7558 Meetings: Risk Communication Advisory Committee, 7567–7568 Federal Aviation Administration RULES Forest Service Standard Instrument Approach Procedures, and Takeoff NOTICES Minimums and Obstacle Departure Procedures; Federal Lands Recreation Enhancement Act, 7507–7508 Miscellaneous Amendments, 7461–7463 PROPOSED RULES Airworthiness Directives: General Services Administration Boeing Model 727 Airplanes, 7489–7492 RULES Boeing Model 737-100, -200, -200C, -300, -400, and -500 Federal Management Regulation; Change in Consumer Price Series Airplanes, 7488–7489 Index Minimal Value, 7475 Boeing Model 737 400, 500, 600, 700, 700C, 800, and 900 Series Airplanes, 7492–7494 Grain Inspection, Packers and Stockyards Administration Boeing Model 737-600, -700, -700C, -800, and -900 Series PROPOSED RULES Airplanes, Equipped with CFM56-7 Engines, 7484– Swine Contractors, 7482–7484 7485 Boeing Model 747 Airplanes, 7486–7488 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Health and Human Services Department Model EMB 120, 120ER, 120FC, 120QC, and 120RT See Centers for Medicare & Medicaid Services Airplanes, 7494–7498 See Children and Families Administration NOTICES See Food and Drug Administration Petition for Exemption; Summary of Petition Received, See Inspector General Office, Health and Human Services 7625–7626 Department Policy Regarding Airport Rates and Charges; Extension of Comment Period, 7626–7627 Homeland Security Department Federal Deposit Insurance Corporation See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Meetings; Sunshine Act, 7558 Housing and Urban Development Department Federal Emergency Management Agency NOTICES RULES Agency Information Collection Activities; Proposals, Changes in Flood Elevation Determinations, 7476–7479 Submissions, and Approvals, 7574–7578 NOTICES Federal Property Suitable as Facilities to Assist Homeless, Agency Information Collection Activities; Proposals, 7578–7582 Submissions, and Approvals, 7569–7570 Indiana; Major Disaster and Related Determinations, 7570 Indian Affairs Bureau Kansas; Major Disaster and Related Determinations, 7570– NOTICES 7571 Proclaiming Certain Lands: Federal Reserve System Mt. Taylor Property, as an addition to the Pueblo of Laguna Reservation of New Mexico, 7582–7583 NOTICES Rate Adjustments for Indian Irrigation Projects, 7583–7588 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 7558 Meetings: Industry and Security Bureau Consumer Advisory Council, 7558–7559 NOTICES Action Affecting Export Privileges: AR-AM Medical Federal Trade Commission Services LLC, 7525–7526 NOTICES Action Affecting Export Privileges: DMA Med-Chem Corp., Granting of Request for Early Termination of the Waiting 7526–7527 Period Under the Premerger Notification Rules, 7559– Meetings: 7560 Materials Technical Advisory Committee, 7527

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Inspector General Office, Health and Human Services National Archives and Records Administration Department NOTICES Records Schedules; Availability and Request for Comments, NOTICES 7609–7611 Statement of Organization, Functions, and Delegations of Authority, 7568–7569 National Highway Traffic Safety Administration NOTICES Interior Department Agency Information Collection Activities; Proposals, See Indian Affairs Bureau Submissions, and Approvals, 7627–7628 See Land Management Bureau National Oceanic and Atmospheric Administration RULES Internal Revenue Service Atlantic Highly Migratory Species: RULES Atlantic Bluefin Tuna Fisheries, 7479–7480 Time and Manner for Electing Capital Asset Treatment for Fisheries of the Exclusive Economic Zone Off Alaska: Certain Self-Created Musical Works, 7464–7465 Atka Mackerel by Vessels in the Amendment 80 Limited PROPOSED RULES Fishery in the Eastern Aleutian District and Bering Time and Manner for Electing Capital Asset Treatment for Sea Subarea of the Bering Sea and Aleutian Islands, Certain Self-Created Musical Works, 7503–7504 7480–7481 NOTICES NOTICES Agency Information Collection Activities; Proposals, Availability of Grant Funds for Fiscal Year 2008, 7528– Submissions, and Approvals, 7629–7630 7534 Open Season for Membership to the Electronic Tax Federal Consistency Appeal: Administration Advisory Committee, 7630–7631 AES Sparrows Point LNG, LLC and Mid-Atlantic Express, Quarterly Publication of Individuals, Who Have Chosen To L.L.C., 7534 Expatriate, as Required by Section 6039G, 7631–7633 National Science Foundation International Trade Administration NOTICES NOTICES Meetings: Sulfanilic Acid from Hungary and Portugal; Final Results of Committee on Equal Opportunities in Science and Sunset Reviews and Revocation of Orders, 7527–7528 Engineering, 7611

International Trade Commission Natural Resources Conservation Service NOTICES NOTICES Certain Steel Nails From China and the United Arab Proposed Change to Section IV of the Virginia State Emirates, 7590–7591 Technical Guide, 7508 Nuclear Regulatory Commission Justice Department NOTICES See Antitrust Division Meetings: Advisory Committee on Nuclear Waste and Materials, Labor Department 7611 See Employment and Training Administration Tennessee Valley Authority; Hearing and Opportunity to See Labor Statistics Bureau Petition for Leave to Intervene on a Combined License See Mine Safety and Health Administration for Bellefonte Units 3 and 4, 7611–7613 NOTICES Agency Information Collection Activities; Proposals, Personnel Management Office Submissions, and Approvals, 7607 NOTICES Agency Information Collection Activities; Proposals, Labor Statistics Bureau Submissions, and Approvals, 7613–7614 NOTICES Agency Information Collection Activities; Proposals, Pipeline and Hazardous Materials Safety Administration Submissions, and Approvals, 7608–7609 NOTICES Recommended Practices for Bulk Loading and Unloading of Hazardous Materials in Transportation, 7628–7629 Land Management Bureau NOTICES Rural Business-Cooperative Service Availability of Draft Environmental Impact Statement: NOTICES Proposed ‘‘M’’ Pit Mine Expansion, Montana Tunnels Rural Cooperative Development Grant Application Mine, Jefferson County, MT, 7588–7589 Deadlines and Funding Levels, 7508–7514 Availability of the Final Environmental Impact Statement Small, Minority Producer Grant Program Application for the Kane Springs Valley Groundwater Development Deadlines, 7514–7520 Project, NV, 7589 Meetings: Securities and Exchange Commission Arizona Resource Advisory Council Meeting, 7589–7590 NOTICES Agency Information Collection Activities; Proposals, Mine Safety and Health Administration Submissions, and Approvals, 7614 RULES Self-Regulatory Organizations: Mine Rescue Teams, 7636–7655 American Stock Exchange LLC, 7614–7616

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Philadelphia Stock Exchange, Inc, 7617 Accreditation and Approval of Camin Cargo Control, Inc., Self-Regulatory Organizations; Proposed Rule Changes: as a Commercial Gauger and Laboratory, 7571–7572 Boston Stock Exchange, Inc., 7617–7619 Accreditation and Approval of Inspectorate America Chicago Board Options Exchange, Inc., 7619–7621 Corporation, as a Commercial Gauger and Laboratory, Chicago Stock Exchange, Inc., 7621–7622 7572 Philadelphia Stock Exchange, Inc., 7622–7624 Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory, 7572 Small Business Administration Accreditation and Approval of SGS North America, Inc., as NOTICES a Commercial Gauger and Laboratory, 7572–7574 Meetings: Approval of SGS North America, Inc., as a Commercial National Small Business Development Center Advisory Gauger, 7574 Board, 7624–7625 State Department Veterans Affairs Department NOTICES NOTICES Evaluation of the Intergovernmental Panel on Climate Privacy Act of 1974: Computer Matching Program, 7633– Change, 7625 7634 Surface Transportation Board NOTICES Separate Parts In This Issue Trackage Rights Exemption (Modification): Union Pacific Railroad Company, 7634 Part II Transportation Department Labor Department, Mine Safety and Health Administration, See Federal Aviation Administration 7636–7655 See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Reader Aids See Surface Transportation Board Consult the Reader Aids section at the end of this issue for Treasury Department phone numbers, online resources, finding aids, reminders, See Internal Revenue Service and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents U.S. Customs and Border Protection LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Accreditation and Approval of Amspec Services LLC, as a archives, FEDREGTOC-L, Join or leave the list (or change Commercial Gauger and Laboratory, 7571 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

9 CFR Proposed Rules: 201...... 7482 12 CFR 630...... 7461 14 CFR 97...... 7461 Proposed Rules: 39 (6 documents) ...7484, 7486, 7488, 7489, 7492, 7494 21 CFR 606...... 7463 607...... 7463 610...... 7463 640...... 7463 Proposed Rules: 880...... 7498 26 CFR 1...... 7464 Proposed Rules: 1...... 7503 30 CFR 49...... 7636 75...... 7636 40 CFR 52 (2 documents) ....7465, 7468 70...... 7468 180...... 7472 Proposed Rules: 52 (2 Documents)...... 7504 70...... 7504 41 CFR 102-42...... 7475 44 CFR 65...... 7476 50 CFR 635...... 7479 679...... 7480

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Rules and Regulations Federal Register Vol. 73, No. 27

Friday, February 8, 2008

This section of the FEDERAL REGISTER Virginia 22102–5090, (703) 883–4020, Independence Avenue, SW., contains regulatory documents having general TTY (703) 883–4020. Washington, DC 20591; applicability and legal effect, most of which Authority: (12 U.S.C. 2252(a)(9) and (10)). 2. The FAA Regional Office of the are keyed to and codified in the Code of region in which the affected airport is Federal Regulations, which is published under Dated: January 31, 2008. located; 50 titles pursuant to 44 U.S.C. 1510. Roland E. Smith, 3. The National Flight Procedures The Code of Federal Regulations is sold by Secretary, Farm Credit Administration Board. Office, 6500 South MacArthur Blvd., the Superintendent of Documents. Prices of [FR Doc. E8–2381 Filed 2–7–08; 8:45 am] Oklahoma City, OK 73169 or, new books are listed in the first FEDERAL BILLING CODE 6705–01–P 4. The National Archives and Records REGISTER issue of each week. Administration (NARA). For information on the availability of this DEPARTMENT OF TRANSPORTATION material at NARA, call 202–741–6030, FARM CREDIT ADMINISTRATION or go to: http://www.archives.gov/ Federal Aviation Administration federal_register/ 12 CFR Part 630 code_of_federal_regulations/ _ RIN 3052–AC40 14 CFR Part 97 ibr locations.html. Availability—All SIAPs and Takeoff [Docket No. 30591; Amdt. No. 3254] Disclosure to Investors in System- Minimums and ODPs are available Wide and Consolidated Bank Debt Standard Instrument Approach online free of charge. Visit nfdc.FAA.gov Obligations of the Farm Credit System; Procedures, and Takeoff Minimums to register. Additionally, individual Effective Date and Obstacle Departure Procedures; SIAP and Takeoff Minimums and ODP Miscellaneous Amendments copies may be obtained from: AGENCY: Farm Credit Administration. 1. FAA Public Inquiry Center (APA– ACTION: Notice of effective date. AGENCY: Federal Aviation 200), FAA Headquarters Building, 800 Administration (FAA), DOT. Independence Avenue, SW., SUMMARY: The Farm Credit ACTION: Final rule. Washington, DC 20591; or Administration (FCA or Agency), 2. The FAA regional Office of the through the FCA Board (Board), issued SUMMARY: This Rule establishes, region in which the affected airport is a direct final rule with opportunity for amends, suspends, or revokes Standard located. comment under part 630 on November Instrument Approach Procedures FOR FURTHER INFORMATION CONTACT: 15, 2007 (72 FR 64129) amending our (SIAPs) and associated Takeoff Harry. J. Hodges, Flight Procedure regulation on the external auditor’s Minimums and Obstacle Departure Standards Branch (AFS–420), Flight assessment of internal control over Procedures for operations at certain Technologies and Programs Division, financial reporting concerning the airports. These regulatory actions are Flight Standards Service, Federal System-wide annual report to investors. needed because of the adoption of new Aviation Administration, Mike The opportunity for comment expired or revised criteria, or because of changes Monroney Aeronautical Center, 6500 on December 17, 2007. The FCA occurring in the National Airspace South MacArthur Blvd., Oklahoma City, received no comments and therefore, System, such as the commissioning of OK 73169 (Mail Address: P.O. Box the direct final rule becomes effective new navigational facilities, adding new 25082 Oklahoma City, OK 73125) without change. In accordance with 12 obstacles, or changing air traffic telephone: (405) 954–4164. U.S.C. 2252, the effective date of the requirements. These changes are SUPPLEMENTARY INFORMATION: This rule final rule is 30 days from the date of designed to provide safe and efficient amends Title 14 of the Code of Federal publication in the Federal Register use of the navigable airspace and to Regulations, Part 97 (14 CFR part 97), by during which either or both Houses of promote safe flight operations under establishing, amending, suspending, or Congress are in session. Based on the instrument flight rules at the affected revoking SIAPs, Takeoff Minimums records of the sessions of Congress, the airports. effective date of the regulations is and/or ODPs. The complete regulatory DATES: This rule is effective February 8, January 31, 2008. description of each SIAP and its 2008. The compliance date for each associated Takeoff Minimums or ODP DATES: Effective Date: The regulation SIAP, associated Takeoff Minimums, for an identified airport is listed on FAA amending 12 CFR part 630 published on and ODP is specified in the amendatory form documents which are incorporated November 15, 2007 (72 FR 64129) is provisions. by reference in this amendment under 5 effective January 31, 2008. The incorporation by reference of U.S.C. 552(a), 1 CFR part 51, and 14 FOR FURTHER INFORMATION CONTACT: certain publications listed in the CFR part 97.20. The applicable FAA Wade Wynn, Policy Analyst, Office of regulations is approved by the Director Forms are FAA Forms 8260–3, 8260–4, Regulatory Policy, Farm Credit of the Federal Register as of February 8, 8260–5, 8260–15A, and 8260–15B when Administration, McLean, Virginia 2008. required by an entry on 8260–15A. 22102–5090, (703) 883–4414, TTY ADDRESSES: Availability of matters The large number of SIAPs, Takeoff (703) 883–4434 incorporated by reference in the Minimums and ODPs, in addition to or amendment is as follows: their complex nature and the need for Laura McFarland, Senior Attorney, For Examination— a special format make publication in the Office of General Counsel, Farm 1. FAA Rules Docket, FAA Federal Register expensive and Credit Administration, McLean, Headquarters Building, 800 impractical. Furthermore, airmen do not

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use the regulatory text of the SIAPs, ‘‘significant rule’’ under DOT Dothan, AL, Dothan Regional, RNAV (GPS) Takeoff Minimums or ODPs, but instead Regulatory Policies and Procedures (44 RWY 32, Orig refer to their depiction on charts printed FR 11034; February 26, 1979); and (3) Dothan, AL, Dothan Regional, VOR OR by publishers of aeronautical materials. does not warrant preparation of a TACAN–A, Amdt 12 Dothan, AL, Dothan Regional, Takeoff Thus, the advantages of incorporation regulatory evaluation as the anticipated Minimums and Obstacle DP, Orig by reference are realized and impact is so minimal. For the same Evergreen, AL, Middleton Field, RNAV (GPS) publication of the complete description reason, the FAA certifies that this RWY 1, Orig of each SIAP, Takeoff Minimums and amendment will not have a significant Evergreen, AL, Middleton Field, RNAV (GPS) ODP listed on FAA forms is economic impact on a substantial RWY 10, Orig unnecessary. This amendment provides number of small entities under the Evergreen, AL, Middleton Field, RNAV (GPS) the affected CFR sections and specifies criteria of the Regulatory Flexibility Act. RWY 19, Orig the types of SIAPs and the effective Evergreen, AL, Middleton Field, RNAV (GPS) List of Subjects in 14 CFR Part 97 dates of the SIAPs, the associated RWY 28, Orig Evergreen, AL, Middleton Field, VOR/DME Takeoff Minimums, and ODPs. This Air Traffic Control, Airports, Incorporation by reference, and RWY 10, Amdt 3 amendment also identifies the airport Evergreen, AL, Middleton Field, Takeoff and its location, the procedure, and the Navigation (Air). Minimums and Obstacle DP, Amdt 1 amendment number. Issued in Washington, DC, on January 25, Anaktuvuk Pass, AK, Anaktuvuk Pass, RNAV 2008. (GPS)–A, Orig The Rule James J. Ballough, Anaktuvuk Pass, AK, Anaktuvuk Pass, NDB– B, Amdt 1 This amendment to 14 CFR part 97 is Director, Flight Standards Service. effective upon publication of each Anaktuvuk Pass, AK, Anaktuvuk Pass, GPS– separate SIAP, Takeoff Minimums and Adoption of the Amendment A, Orig, CANCELLED Anaktuvuk Pass, AK, Anaktuvuk Pass, ODP as contained in the transmittal. I Accordingly, pursuant to the authority Some SIAP and Takeoff Minimums and Takeoff Minimums and Obstacle DP, Amdt delegated to me, under Title 14, Code of 1 textual ODP amendments may have Federal Regulations, Part 97 (14 CFR Galena, AK, Edward G. Pitka, Sr. ILS OR been issued previously by the FAA in a part 97) is amended by establishing, LOC/DME RWY 25, Amdt 1A Flight Data Center (FDC) Notice to amending, suspending, or revoking St Mary’s, AK, St. Marys, RNAV (GPS) Y Airmen (NOTAM) as an emergency Standard Instrument Approach RWY 17, Amdt 2 action of immediate flight safety relating Procedures and/or Takeoff Minimums St Mary’s, AK, St. Marys, RNAV (GPS) Y directly to published aeronautical RWY 35, Amdt 1 and/or Obstacle Departure Procedures St Mary’s, AK, St. Marys, RNAV (GPS) Z charts. The circumstances which effective at 0901 UTC on the dates created the need for some SIAP and RWY 17, Orig specified, as follows: Takeoff Minimums and ODP St Mary’s, AK, St. Marys, RNAV (GPS) Z amendments may require making them RWY 35, Orig PART 97—STANDARD INSTRUMENT St Mary’s, AK, St. Marys, LOC/DME RWY 17, effective in less than 30 days. For the APPROACH PROCEDURES Amdt 4 remaining SIAPs and Takeoff I St Mary’s, AK, St. Marys, NDB RWY 35, Minimums and ODPs, an effective date 1. The authority citation for part 97 Amdt 1 at least 30 days after publication is continues to read as follows: Oroville, CA, Oroville Muni, NDB RWY 1, provided. Authority: 49 U.S.C. 106(g), 40103, 40106, Amdt 3, CANCELLED Further, the SIAPs and Takeoff 40113, 40114, 40120, 44502, 44514, 44701, Petaluma, CA, Petaluma Muni, VOR RWY 29, Minimums and ODPs contained in this 44719, 44721–44722. Orig, CANCELLED Red Bluff, CA, Red Bluff Muni, NDB RWY amendment are based on the criteria I 2. Part 97 is amended to read as 33, Amdt 2A, CANCELLED contained in the U.S. Standard for follows: Terminal Instrument Procedures Middletown, DE, Summit, VOR OR GPS–B Effective 13 MAR 2008 Amdt 1B, CANCELLED (TERPS). In developing these SIAPs and Preston, MN, Fillmore County, RNAV (GPS) Takeoff Minimums and ODPs, the Ontario, CA, Ontario Intl, ILS OR LOC RWY RWY 29, Orig. TERPS criteria were applied to the 8L, Amdt 8A Preston, MN, Fillmore County, (GPS) RWY conditions existing or anticipated at the Fairmont, MN, Fairmont Muni, ILS OR LOC 29, Orig, CANCELLED affected airports. Because of the close RWY 31, Orig-C Newport, OR, Newport Muni, ILS OR LOC Las Cruces, NM, Las Cruces Intl, ILS OR LOC and immediate relationship between RWY 16, Amdt 1B RWY 30, Amdt 2A North Bend, OR, Southwest Oregon Regional, these SIAPs, Takeoff Minimums and Hobart, OK, Hobart Muni, RNAV (GPS) RWY ILS OR LOC RWY 4, Amdt 6B ODPs, and safety in air commerce, I find 17, Amdt 1 Myrtle Beach, SC, Myrtle Beach Intl, RADAR that notice and public procedure before Hobart, OK, Hobart Muni, RNAV (GPS) RWY 1, Amdt 1C, CANCELLED 35, Amdt 1 adopting these SIAPs, Takeoff Rock Hill, SC, Rock Hill/York Co/Bryant Minimums and ODPs are impracticable Hobart, OK, Hobart Muni, VOR RWY 35, Amdt 9 Field, ILS OR LOC RWY 2, Amdt 1 and contrary to the public interest and, Rock Hill, SC, Rock Hill/York Co/Bryant where applicable, that good cause exists Hobart, OK, Hobart Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Field, RNAV (GPS) RWY 2, Orig for making some SIAPs effective in less Blacksburg, VA, Virginia Tech/Montgomery Rock Hill, SC, Rock Hill/York Co/Bryant than 30 days. Executive, Takeoff Minimums and Field, RNAV (GPS) RWY 20, Orig Rock Hill, SC, Rock Hill/York Co/Bryant Conclusion Obstacle DP, Amdt 4 Roanoke, VA, Roanoke Regional/Woodrum Field, GPS RWY 2, Orig-C, CANCELLED The FAA has determined that this Field, VOR/DME–A, Amdt 6 Rock Hill, SC, Rock Hill/York Co/Bryant regulation only involves an established Seattle, WA, Boeing Field/King County Intl, Field, GPS RWY 20, Orig-C, CANCELLED body of technical regulations for which RNAV (RNP) Z RWY 13R, Orig-A Rock Hill, SC, Rock Hill/York Co/Bryant Field, VOR OR GPS–A, Amdt 9C, frequent and routine amendments are Effective 10 APR 2008 CANCELLED necessary to keep them operationally Dothan, AL, Dothan Regional, ILS OR LOC Ogden, UT, Ogden-Hinckley, Takeoff current. It, therefore—(1) is not a RWY 32, Amdt 8 Minimums and Obstacle DP, Amdt 2 ‘‘significant regulatory action’’ under Dothan, AL, Dothan Regional, RNAV (GPS) Newport, VT, Newport State, NDB–A, Amdt Executive Order 12866; (2) is not a RWY 14, Amdt 1 3, CANCELLED

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Riverton, WY, Riverton Regional, ILS OR revising, or updating specific FDA agrees with the comment and LOC RWY 28, Amdt 1B regulations applicable to blood, blood therefore, is revising the regulation to Martinsburg, WV, Eastern WV Regional/ components and Source Plasma to be use ‘‘toward’’ rather than ‘‘at’’. Shepherd, LOC/DME BC RWY 8, Amdt 6, more consistent with current practices One comment requested that under 21 CANCELLED in the blood industry and to remove CFR 640.24(d) the pH be revised from The FAA published an Amendment in unnecessary or outdated requirements. ‘‘not less than 6.0’’ to ‘‘not less than 6.2’’ Docket No. 30587, Amdt No. 3251 to Part 97 In addition, FDA is making technical to be consistent with the change in 21 of the Federal Aviation Regulations (Vol. 73, CFR 640.25(b)(2) (§ 640.25(b)(2)) and FR No. 16, Page 4073 dated Thursday, amendments to the biologics regulations January 24, 2008) under section 97.29 in response to comments received on with industry practice. effective March 13, 2008, which is hereby the direct final rule. Because both of these provisions refer corrected to read as follows: to the same pH requirement, FDA agrees DATES: The effective date for the and is revising 21 CFR 640.24(d) as Waterville, ME, ILS OR LOC RWY 5, Amdt regulation is confirmed as February 19, 2B requested. 2008. The effective date of the technical One comment agreed with the change The FAA published an Amendment in amendment is also February 19, 2008. Docket No. 30587, Amdt No. 3251 to Part 97 in pH under § 640.25(b)(2) but stated of the Federal Aviation Regulations (Vol. 73, FOR FURTHER INFORMATION CONTACT: that there was no mention of the FR No. 16, Page 4073 dated Thursday, Stephen Ripley, Center for Biologics number of units that must meet this January 24, 2008) under section 97.29 Evaluation and Research (HFM–17), requirement and therefore the effective April 10, 2008, which is hereby Food and Drug Administration, 1401 assumption is that 100 percent of the rescinded: Rockville Pike, suite 200N, Rockville, units must meet the requirement which Burlington, VT, Burlington Intl, ILS OR LOC/ MD 20852–1448, 301–827–6210. they believe is unachievable. DME RWY 33, Amdt 1 We believe that the four units we The FAA published an Amendment in SUPPLEMENTARY INFORMATION: In the require to be tested for quality control Docket No. 30587, Amdt No. 3251 to Part 97 Federal Register of August 16, 2007 (72 purposes under § 640.25(b) must meet of the Federal Aviation Regulations (Vol. 73, FR 45883), FDA solicited comments the criteria listed under this regulation. FR No. 16, Page 4073 dated Thursday, concerning the direct final rule for a 75- However, FDA recently issued a January 24, 2008) under section 97.29 day period ending October 30, 2007. document entitled ‘‘Guidance for effective February 14, 2008, which is hereby FDA stated that the effective date of the Industry and FDA Review Staff: corrected to read as follows: direct final rule would be on February Collection of Platelets by Automated Omaha, NE, Epply Airfield, ILS OR LOC 19, 2008, 6 months after the end of the Methods,’’ dated December 2007 RWY 32L, Amdt 1 comment period, unless any significant (December 17, 2007; 72 FR 71418). In Omaha, NE, Epply Airfield, ILS OR LOC/ DME RWY 14L, Amdt 1 adverse comment was submitted to FDA this guidance, we provide Omaha, NE, Epply Airfield, ILS OR LOC/ during the comment period. FDA recommendations on quality control DME RWY 14R, ILS RWY 14R (CAT II), ILS received several letters of comment on monitoring. Therefore, no additional RWY 14R (CAT III), Amdt 4 the direct final rule; however, FDA did changes are warranted. Omaha, NE, Epply Airfield, RNAV (GPS) not receive any significant adverse Two comments requested that FDA RWY 14L, Amdt 1 comments. Therefore, FDA is revise the definition under 21 CFR Omaha, NE, Epply Airfield, Takeoff confirming the effective date of the 640.30(a) to include ‘‘for intravenous or Minimums and Obstacle DP, Amdt 5 direct final rule and making two further manufacturing use’’ to facilitate [FR Doc. 08–535 Filed 2–7–08; 8:45 am] technical amendments in response to use of plasma for further manufacturing BILLING CODE 4910–13–M comments received. Comments were use that has been collected concurrently received from private industry, an with the collection of another blood individual, organizations representing component by apheresis. In addition, DEPARTMENT OF HEALTH AND the blood industry, and an employee of the comments requested that 21 CFR HUMAN SERVICES the Food and Drug Administration. The 640.34 and other provisions in the comments received and FDA’s regulations be revised and harmonized Food and Drug Administration responses to the comments are to allow interchangeability of the discussed below as follows: plasma from intravenous use to 21 CFR Parts 606, 607, 610, and 640 Two comments stated that under manufacturing use after blood collection. [Docket No. FDA–2008–N–0067] paragraph (c) of 21 CFR 610.53, there was an error in a temperature listed in FDA presently has this issue under Revisions to the Requirements the table under Red Blood Cells consideration and may address this in Applicable to Blood, Blood Deglycerolized and Red Blood Cells future rulemaking, if warranted. This Components and Source Plasma; Frozen. comment is beyond the scope of this Confirmation of Effective Date and rulemaking. FDA agrees. In the Federal Register of One comment requested that FDA Technical Amendment September 24, 2007 (72 FR 54208), FDA provide the rationale for the revision to AGENCY: Food and Drug Administration, issued a notice to correct a 21 CFR 640.34(b) requiring fresh frozen HHS. typographical error in the codified plasma collected by an apheresis section of the direct final rule. The table ACTION: Direct final rule; confirmation of procedure to be prepared from blood in paragraph (c) of section 610.53 was collected by single uninterrupted effective date and technical amendment. ° ° corrected by replacing 65 C with -65 C. venipuncture, and why it was SUMMARY: The Food and Drug One comment requested clarification differentiated from other components Administration (FDA) is confirming the of the proposed change in wording from collected by apheresis. The comment effective date of February 19, 2008, for ‘‘toward’’ to ‘‘at’’ concerning the also questioned whether the current the direct final rule that appeared in the specified temperature range under 21 practice of using a sterile connecting Federal Register of August 16, 2007 (72 CFR 640.4(h) because coolers do not device to attach a sterile needle in the FR 45883). The direct final rule amends have the capacity to maintain a event of blood flow interruption would the biologics regulations by removing, temperature range between 1 and 10°C. be prohibited in the future.

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The rationale for requiring blood and the blood collecting, processing, and that capital assets include all property blood components, including fresh storage system approved for such use by held by a taxpayer with certain frozen plasma collected by an apheresis the Director, CBER. specified exclusions. Section 1221(a)(1) procedure, to be collected by a single excludes from the definition of a capital § 640.24 [Amended] uninterrupted venipuncture is to help asset inventory property or property ensure minimal tissue damage which I 3. Section 640.24 is amended in the held by a taxpayer primarily for sale to could activate the coagulation cascade. first sentence of paragraph (d) by customers in the ordinary course of the This is also a requirement for Platelet removing ‘‘6.0’’ and adding in its place taxpayer’s trade or business. Section collection. Under 21 CFR 640.22(d), the ‘‘6.2’’. 1221(a)(3) excludes from the definition regulation states that Platelet Dated: February 1, 2008. of a capital asset copyrights, literary, phlebotomy shall be performed by a Jeffrey Shuren, musical, or artistic compositions, letters single uninterrupted venipuncture with Assistant Commissioner for Policy. or memoranda, or similar property held by a taxpayer whose personal efforts minimal damage to, and minimal [FR Doc. E8–2322 Filed 2–7–08; 8:45 am] manipulation of, the donor’s tissue. created the property (or held by a BILLING CODE 4160–01–S FDA does not anticipate, in the near taxpayer whose basis in the property is future, any change in the policy for determined by reference to the basis of using a sterile connecting device to such property in the hands of the DEPARTMENT OF THE TREASURY attach a sterile needle to a collection set taxpayer whose personal efforts created the property). in the event of a blood flow Internal Revenue Service interruption. Section 1221(b)(3) of the Code, added by section 204 of the Tax Increase 26 CFR Part 1 List of Subjects Prevention and Reconciliation Act of 21 CFR Part 640 [TD 9379] 2005 (Public Law 109–222, 120 Stat. 345) and amended by section 412 of the RIN 1545–BG35 Blood, Labeling, Reporting and Tax Relief and Health Care Act of 2006 recordkeeping requirements. Time and Manner for Electing Capital (Public Law 109–432, 120 Stat. 2922), I Therefore, under the Federal Food, Asset Treatment for Certain Self- provides that, at the election of a Drug, and Cosmetic Act and the Public Created Musical Works taxpayer, the section 1221(a)(1) and Health Service Act, and under authority (a)(3) exclusions from capital asset delegated by the Commissioner of Food AGENCY: Internal Revenue Service (IRS), status do not apply to musical and Drugs, 21 CFR part 640 is amended Treasury. compositions or copyrights in musical as follows: ACTION: Temporary regulation. works sold or exchanged by a taxpayer described in section 1221(a)(3). Thus, if PART 640—ADDITIONAL STANDARDS SUMMARY: This document contains a a taxpayer who owns a musical FOR HUMAN BLOOD AND BLOOD temporary regulation that provides the composition or copyright in a musical PRODUCTS time and manner for making an election work created by the taxpayer (or to treat the sale or exchange of musical transferred to the taxpayer by the work’s I 1. The authority citation for 21 CFR compositions or copyrights in musical creator in a section 1221(a)(3)(C) part 640 continues to read as follows: works created by the taxpayer (or transferred basis transaction) elects the received by the taxpayer from the Authority: 21 U.S.C. 321, 351, 352, 353, application of this provision, gain or works’ creator in a transferred basis 355, 360, 371; 42 U.S.C. 216, 262, 263, 263a, loss from the sale or exchange of the transaction) as the sale or exchange of 264. musical composition or copyright is a capital asset. The regulation reflects I 2. Section 640.4 is amended by treated as capital gain or loss. revising paragraph (h) to read as changes to the law made by the Tax follows: Increase Prevention and Reconciliation Explanation of Provisions Act of 2005 and the Tax Relief and This temporary regulation provides § 640.4 Collection of the blood. Health Care Act of 2006. The regulation rules regarding the time and manner for * * * * * affects taxpayers making the election making an election under section (h) Storage. Whole Blood must be under section 1221(b)(3) of the Internal 1221(b)(3) to treat gain or loss from the placed in storage at a temperature Revenue Code (Code) to treat gain or sale or exchange of certain musical between 1 and 6 °C immediately after loss from such a sale or exchange as compositions or copyrights in musical collection unless the blood is to be capital gain or loss. The text of this works as gain or loss from the sale or further processed into another temporary regulation also serves as the exchange of a capital asset. component or the blood must be text of the proposed regulation (REG– transported from the donor center to the 153589–06) set forth in the Proposed Special Analyses processing laboratory. If transported, the Rules section of this issue of the Federal It has been determined that this blood must be placed in temporary Register. Treasury decision is not a significant storage having sufficient refrigeration DATES: Effective Date: This regulation is regulatory action as defined in capacity to cool the blood continuously effective on February 8, 2008. Executive Order 12866. Therefore, a toward a temperature range between 1 Applicability Dates: For dates of regulatory assessment is not required. It and 10 °C until arrival at the processing applicability, see § 1.1221–3T(d). also has been determined that section laboratory. At the processing laboratory, FOR FURTHER INFORMATION CONTACT: 553(b) of the Administrative Procedure the blood must be stored at a Jamie Kim, (202) 622–4950 (not a toll- Act (5 U.S.C. chapter 5) does not apply temperature between 1 and 6 °C. Blood free number). to this regulation. For application of the from which a component is to be SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act (5 U.S.C. prepared must be held in an Chapter 6) please refer to the cross environment maintained at a Background reference notice of proposed rulemaking temperature range specified for that Section 1221(a) of the Internal published elsewhere in this issue of the component in the directions for use for Revenue Code (Code) generally provides Federal Register. Pursuant to section

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7805(f) of the Internal Revenue Code, capital asset, in accordance with the is being taken in accordance with the this regulation has been submitted to form and its instructions. Clean Air Act. the Chief Counsel for Advocacy of the (c) Revocability of election. An DATES: This direct final rule will be Small Business Administration for election described in this section is effective April 8, 2008, unless EPA comment on its impact on small revocable with the consent of the receives adverse comments by March business. Commissioner. To seek consent to 10, 2008. If adverse comments are revoke an election, a taxpayer must Drafting Information received, EPA will publish a timely submit a request for a letter ruling under withdrawal of the direct final rule in the The principal author of these the appropriate revenue procedure. See, Federal Register informing the public regulations is Jamie Kim of the Office of for example, Rev. Proc. 2007–1, 2007–1 that the rule will not take effect. Associate Chief Counsel (Income Tax & CB 1 (updated annually). Alternatively, ADDRESSES: Submit your comments, Accounting). However, other personnel an automatic extension of 6 months identified by Docket ID Number EPA– from the IRS and Treasury Department from the due date of the taxpayer’s R01–OAR–2007–1054 by one of the participated in their development. income tax return (excluding following methods: extensions) is granted to revoke an List of Subjects in 26 CFR Part 1 1. www.regulations.gov: Follow the election, provided the taxpayer timely on-line instructions for submitting Income taxes, Reporting and filed the taxpayer’s income tax return comments. recordkeeping requirements. and, within this 6-month extension 2. E-mail: [email protected]. period, the taxpayer files an amended Amendments to the Regulations 3. Fax: (617) 918–0047. income tax return that treats the sale or 4. Mail: ‘‘Docket Identification I Accordingly, 26 CFR part 1 is exchange as the sale or exchange of Number EPA–R01–OAR–2007–1054’’, amended as follows: property that is not a capital asset. See Anne Arnold, U.S. Environmental § 601.601(d)(2)(ii)(b) of this Chapter. Protection Agency, EPA New England PART 1—INCOME TAXES (d) Effective/applicability date. (1) Regional Office, One Congress Street, The rules of this section apply to sales Suite 1100 (mail code CAQ), Boston, I Paragraph 1. The authority citation and exchanges in taxable years MA 02114–2023. for part 1 continues to read in part as beginning after May 17, 2006. 5. Hand Delivery or Courier. Deliver follows: (2) Expiration date. This section your comments to: Anne Arnold, Authority: 26 U.S.C. 7805 * * * expires on February 7, 2011. Manager, Air Quality Planning Unit, I Par. 2. Section 1.1221–3T is added to Linda E. Stiff, Office of Ecosystem Protection, U.S. read as follows: Deputy Commissioner for Services and Environmental Protection Agency, EPA Enforcement. New England Regional Office, One § 1.1221–3T Time and manner for electing Approved: January 28, 2008. Congress Street, 11th floor, (CAQ), capital asset treatment for certain self- Boston, MA 02114–2023. Such created musical works (temporary). Eric Solomon, deliveries are only accepted during the (a) Description. Section 1221(b)(3) Assistant Secretary of the Treasury (Tax Regional Office’s normal hours of Policy). allows an electing taxpayer to treat the operation. The Regional Office’s official sale or exchange of a musical [FR Doc. E8–2309 Filed 2–7–08; 8:45 am] hours of business are Monday through composition or copyright in a musical BILLING CODE 4830–01–P Friday, 8:30 to 4:30, excluding legal work created by the taxpayer’s personal holidays. efforts (or having a basis determined by Instructions: Direct your comments to reference to the basis of such property ENVIRONMENTAL PROTECTION Docket ID No. EPA–R01–OAR–2007– in the hands of a taxpayer whose AGENCY 1054. EPA’s policy is that all comments personal efforts created such property) received will be included in the public as the sale or exchange of a capital asset. 40 CFR Part 52 docket without change and may be As a consequence, gain or loss from the made available online at sale or exchange is treated as capital [EPA–R01–OAR–2007–1054; A–1–FRL– www.regulations.gov, including any gain or loss. An election may be made 8524–9] personal information provided, unless for sales and exchanges in taxable years Approval and Promulgation of Air the comment includes information beginning after May 17, 2006. Quality Implementation Plans; Maine; claimed to be Confidential Business (b) Time and manner for making the Transportation Conformity Information (CBI) or other information election. An election described in this whose disclosure is restricted by statute. section is made separately for each AGENCY: Environmental Protection Do not submit through musical composition (or copyright in a Agency (EPA). www.regulations.gov, or e-mail, musical work) sold or exchanged during ACTION: Direct final rule. information that you consider to be CBI the taxable year. An election must be or otherwise protected. The made on or before the due date SUMMARY: EPA is approving a State www.regulations.gov Web site is an (including extensions) of the income tax Implementation Plan (SIP) revision ‘‘anonymous access’’ system, which return for the taxable year of the sale or submitted by the State of Maine. This means EPA will not know your identity exchange. An election is to be made on revision establishes transportation or contact information unless you Schedule D, ‘‘Capital Gains and Losses,’’ conformity criteria and procedures provide it in the body of your comment. of the appropriate income tax form (for related to interagency consultation and If you send an e-mail comment directly example, Form 1040, ‘‘U.S. Individual enforceability of certain transportation- to EPA without going through Income Tax Return;’’ Form 1065, ‘‘U.S. related control measures and mitigation www.regulations.gov your e-mail Return of Partnership Income;’’ Form measures. The intended effect of this address will be automatically captured 1120, ‘‘U.S. Corporation Income Tax action is to approve State criteria and and included as part of the comment Return’’) by treating the sale or procedures to govern transportation that is placed in the public docket and exchange as the sale or exchange of a conformity determinations. This action made available on the Internet. If you

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submit an electronic comment, EPA II. State Submittal sections of the Federal rule were recommends that you include your III. Final Action required to be copied verbatim from the name and other contact information in IV. Statutory and Executive Order Reviews Federal rule into a state’s SIP, as the body of your comment and with any I. Background and Purpose previously required under 40 CFR disk or CD–ROM you submit. If EPA 51.390(d). On October 3, 2007, the State of cannot read your comment due to Under SAFETEA–LU, states are Maine submitted a formal revision to its technical difficulties and cannot contact required to address and tailor only three State Implementation Plan (SIP). The you for clarification, EPA may not be sections of the conformity rule in their SIP revision consists of a new regulation able to consider your comment. conformity SIPs. These three sections of ‘‘Chapter 139 Transportation Electronic files should avoid the use of the Federal rule which must meet a Conformity’’ to implement Section special characters, any form of state’s individual circumstances are: 40 176(c)(4)(E) of the Clean Air Act as encryption, and be free of any defects or CFR 93.105, which addresses amended (42 U.S.C. 7401, et seq.), with viruses. consultation procedures; 40 CFR Docket: All documents in the respect to the conformity of 93.122(a)(4)(ii), which requires that electronic docket are listed in the transportation plans, programs and written commitments be obtained for www.regulations.gov index. Although projects which are developed, funded, control measures that are not included listed in the index, some information is or approved by the United States in a Metropolitan Planning not publicly available, i.e., CBI or other Department of Transportation (U.S. Organization’s transportation plan and information whose disclosure is DOT), and by Metropolitan Planning transportation improvement program restricted by statute. Certain other Organizations (MPOs) or other prior to a conformity determination, and material, such as copyrighted material, recipients of funds under Title 23 U.S.C. that such commitments be fulfilled; and, is not placed on the Internet and will be or the Federal Transit Laws (Title 49 40 CFR 93.125(c) which requires that publicly available only in hard copy U.S.C. Chapter 53). written commitments be obtained for form. Publicly available docket A. What Is Transportation Conformity? mitigation measures prior to a project materials are available either level conformity determination, and that Transportation conformity is required project sponsors must comply with such electronically in www.regulations.gov or under Section 176(c) of the Clean Air in hard copy at Office of Ecosystem commitments. In general, states are no Act to ensure that Federally supported longer required to submit conformity Protection, U.S. Environmental highway, transit projects, and other Protection Agency, EPA New England SIP revisions that address the other activities are consistent with (‘‘conform sections of the conformity rule. This Regional Office, One Congress Street, to’’) the purpose of the SIP. Conformity Suite 1100, Boston, MA. EPA requests provision took effect on August 10, currently applies to areas that are 2005, when SAFETEA–LU was signed that if at all possible, you contact the designated nonattainment, and those FOR FURTHER into law. contact listed in the redesignated to attainment after 1990 INFORMATION CONTACT section to (maintenance areas) with plans II. State Submittal schedule your inspection. The Regional developed under section 175A of the Maine’s ‘‘Chapter 139: Transportation Office’s official hours of business are Clean Air Act, for the following Monday through Friday, 8:30 to 4:30, Conformity,’’ includes provisions transportation related criteria addressing: applicability; definitions; excluding legal holidays. pollutants: Ozone, particulate matter In addition, copies of the state priority of projects; consultation roles, (PM and PM ), carbon monoxide submittal are also available for public 2.5 10 responsibilities, and procedures; public (CO), and nitrogen dioxide (NO ). inspection during normal business 2 notice; and project-level mitigation and Conformity to the purpose of the SIP hours, by appointment at the State Air control measures. means that transportation activities will Agency; the Bureau of Air Quality We have reviewed Maine’s submittal not cause new air quality violations, Control, Department of Environmental to assure consistency with the current worsen existing violations, or delay Protection, First Floor of the Tyson Clean Air Act, as amended by timely attainment of the relevant Building, Augusta Mental Health SAFETEA–LU, and EPA regulations (40 national ambient air quality standards Institute Complex, Augusta, ME 04333– CFR part 93 and 40 CFR 51.390) (NAAQS). The transportation 0017. governing state procedures for conformity regulation is found in 40 transportation conformity and FOR FURTHER INFORMATION CONTACT: CFR part 93 and provisions related to interagency consultation and have Donald O. Cooke, Air Quality Unit, U.S. conformity SIPs are found in 40 CFR concluded that the submittal is Environmental Protection Agency, EPA 51.390. approvable. Specifically, Maine’s rule New England Regional Office, One adequately addresses the three sections Congress Street, Suite 1100 (CAQ), B. Transportation Conformity Provisions of the Federal rule discussed above. Boston, MA 02114–2023, telephone of SAFETEA–LU number (617) 918–1668, fax number On August 10, 2005, the ‘‘Safe, IV. Final Action (617) 918–0668, e-mail Accountable, Flexible, Efficient EPA is approving Maine’s ‘‘Chapter [email protected]. Transportation Equity Act: A Legacy for 139 Transportation Conformity,’’ and SUPPLEMENTARY INFORMATION: Users’’ (SAFETEA–LU) was signed into incorporating this regulation into the Throughout this document whenever law. SAFETEA–LU revised a number of Maine SIP. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean aspects related to section 176(c) of the The EPA is publishing this action EPA. Clean Air Act’s transportation without prior proposal because the Organization of this document. The conformity provisions. One of the Agency views this as a noncontroversial following outline is provided to aid in changes was to streamline the amendment and anticipates no adverse locating information in this preamble. requirements for conformity SIPs. Prior comments. However, in the proposed I. Background and Purpose to SAFETEA–LU being signed into law, rules section of this Federal Register A. What Is Transportation Conformity? states were required to address all of the publication, EPA is publishing a B. Transportation Conformity Provisions of Federal conformity rule’s provisions in separate document that will serve as the SAFETEA–LU their conformity SIPs. Most of the proposal to approve the SIP revision

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should relevant adverse comments be as specified by Executive Order 13175 appropriate circuit by April 8, 2008. filed. This rule will be effective April 8, (65 FR 67249, November 9, 2000). This Interested parties should comment in 2008 without further notice unless the action also does not have Federalism response to the proposed rule rather Agency receives relevant adverse implications because it does not have than petition for judicial review, unless comments by March 10, 2008. substantial direct effects on the States, the objection arises after the comment If the EPA receives such comments, on the relationship between the national period allowed for in the proposal. then EPA will publish a notice government and the States, or on the Filing a petition for reconsideration by withdrawing the final rule and distribution of power and the Administrator of this final rule does informing the public that the rule will responsibilities among the various not affect the finality of this rule for the not take effect. All public comments levels of government, as specified in purposes of judicial review nor does it received will then be addressed in a Executive Order 13132 (64 FR 43255, extend the time within which a petition subsequent final rule based on the August 10, 1999), because it merely for judicial review may be filed, and proposed rule. The EPA will not approves a state rule implementing a shall not postpone the effectiveness of institute a second comment period on Federal standard, and does not alter the such rule or action. This action may not the proposed rule. All parties interested relationship or the distribution of power be challenged later in proceedings to in commenting on the proposed rule and responsibilities established in the enforce its requirements. (See section should do so at this time. If no such Clean Air Act. This rule also is not 307(b)(2).) comments are received, the public is subject to Executive Order 13045 advised that this rule will be effective ‘‘Protection of Children from List of Subjects in 40 CFR Part 52 on April 8, 2008 and no further action Environmental Health Risks and Safety Environmental protection, Air will be taken on the proposed rule. Risks’’ (62 FR 19885, April 23, 1997), pollution control, Carbon monoxide, Please note that if EPA receives adverse because it approves a state rule Incorporation by reference, comment on an amendment, paragraph, implementing a Federal standard. Intergovernmental relations, Lead, or section of this rule and if that In reviewing SIP submissions, EPA’s Nitrogen dioxide, Ozone, Particulate provision may be severed from the role is to approve state choices, matter, Reporting and recordkeeping remainder of the rule, EPA may adopt provided that they meet the criteria of requirements, Sulfur oxides, Volatile as final those provisions of the rule that the Clean Air Act. In this context, in the organic compounds. are not the subject of an adverse absence of a prior existing requirement Dated: January 24, 2008. comment. for the State to use voluntary consensus standards (VCS), EPA has no authority Ira W. Leighton, V. Statutory and Executive Order to disapprove a SIP submission for Acting Regional Administrator, EPA New Reviews failure to use VCS. It would thus be England. Under Executive Order 12866 (58 FR inconsistent with applicable law for I Part 52 of chapter I, title 40 of the 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, Code of Federal Regulations is amended not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission as follows: therefore is not subject to review by the that otherwise satisfies the provisions of Office of Management and Budget. For the Clean Air Act. Thus, the PART 52—[AMENDED] this reason, this action is also not requirements of section 12(d) of the I 1. The authority citation for part 52 subject to Executive Order 13211, National Technology Transfer and continues to read as follows: ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. Significantly Affect Energy Supply, 272 note) do not apply. This rule does Authority: 42 U.S.C. 7401, et seq. Distribution, or Use’’ (66 FR 28355, May not impose an information collection Subpart U—Maine 22, 2001). This action merely approves burden under the provisions of the state law as meeting Federal Paperwork Reduction Act of 1995 (44 I 2. Section 52.1020 is amended by requirements and imposes no additional U.S.C. 3501, et seq.) adding paragraph (c)(64) to read as requirements beyond those imposed by The Congressional Review Act, 5 follows: state law. Accordingly, the U.S.C. 801, et seq., as added by the Administrator certifies that this rule Small Business Regulatory Enforcement § 52.1020 Identification of plan. will not have a significant economic Fairness Act of 1996, generally provides * * * * * impact on a substantial number of small that before a rule may take effect, the (c) * * * entities under the Regulatory Flexibility agency promulgating the rule must (64) Revisions to the State Act (5 U.S.C. 601, et seq.). Because this submit a rule report, which includes a Implementation Plan submitted by the rule approves pre-existing requirements copy of the rule, to each House of the Maine Department of Environmental under state law and does not impose Congress and to the Comptroller General Protection on October 3, 2007. any additional enforceable duty beyond of the United States. EPA will submit a (i) Incorporation by reference. that required by state law, it does not report containing this rule and other (A) Maine Administrative Procedure contain any unfunded mandate or required information to the U.S. Senate, Act (MAPA) 1 Form which provides significantly or uniquely affect small the U.S. House of Representatives, and certification that the Attorney General governments, as described in the the Comptroller General of the United approved Chapter 139 ‘‘Transportation Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in Conformity,’’ as to form and legality, (Pub. L. 104–4). the Federal Register. A major rule dated September 10, 2007. This rule also does not have tribal cannot take effect until 60 days after it (B) Chapter 139 of the Maine implications because it will not have a is published in the Federal Register. Department of Environmental Protection substantial direct effect on one or more This action is not a ‘‘major rule’’ as Regulations, ‘‘Transportation Indian tribes, on the relationship defined by 5 U.S.C. 804(2). Conformity,’’ effective in the State of between the Federal Government and Under section 307(b)(1) of the Clean Maine on September 19, 2007. Indian tribes, or on the distribution of Air Act, petitions for judicial review of (ii) Additional materials. power and responsibilities between the this action must be filed in the United (A) Nonregulatory portions of the Federal Government and Indian tribes, States Court of Appeals for the submittal.

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I 3. In § 52.1031, Table 52.1031 is § 52.1031 EPA-approved Maine amended by adding a new entry for state regulations. citation Chapter 139 to read as follows: * * * * *

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

Date Date State Title/subject adopted by approved Federal Register citation 52.1020 citation State by EPA

******* 139 ...... Transportation Conformity...... 9/19/07 2/08/08 [Insert Federal Register page (c) 64 number where the document begins].

******* Note.—1. The regulations are effective statewide unless stated otherwise in comments section.

[FR Doc. E8–2247 Filed 2–7–08; 8:45 am] comment is received, EPA will publish made available on the Internet. If you BILLING CODE 6560–50–P a timely withdrawal of the direct final submit an electronic comment, EPA rule in the Federal Register informing recommends that you include your the public that the rule will not take name and other contact information in ENVIRONMENTAL PROTECTION effect. the body of your comment and with any AGENCY ADDRESSES: Submit your comments, disk or CD-ROM you submit. If EPA cannot read your comment due to 40 CFR Parts 52 and 70 identified by Docket ID No. EPA–R07– OAR–2007–0829, by one of the technical difficulties and cannot contact [EPA–R07–OAR–2007–0829; FRL–8526–2] following methods: you for clarification, EPA may not be 1. http://www.regulations.gov. Follow able to consider your comment. Approval and Promulgation of the on-line instructions for submitting Electronic files should avoid the use of Implementation Plans and Operating comments. special characters, any form of Permits Program; State of Kansas 2. E-mail: [email protected]. encryption, and be free of any defects or 3. Mail: Gina Grier, Environmental viruses. AGENCY: Environmental Protection Protection Agency, Air Planning and Agency (EPA). Docket: All documents in the Development Branch, 901 North 5th electronic docket are listed in the ACTION: Direct final rule. Street, Kansas City, Kansas 66101. http://www.regulations.gov index. 4. Hand Delivery or Courier. Deliver SUMMARY: Although listed in the index, some EPA is approving a revision to your comments to Gina Grier, the Kansas State Implementation Plan information is not publicly available, Environmental Protection Agency, Air i.e., CBI or other information whose (SIP) for the purpose of revoking the Planning and Development Branch, 901 Sulfur Compound Emissions rule and disclosure is restricted by statute. North 5th Street, Kansas City, Kansas Certain other material, such as for the purpose of approving revisions 66101. copyrighted material, is not placed on to the Class I major source operating Instructions: Direct your comments to the Internet and will be publicly permit annual emissions inventory rule Docket ID No. EPA–R07–OAR–2007– and several Class II minor source 0829. EPA’s policy is that all comments available only in hard copy form. operating permits rules. received will be included in the public Publicly available docket materials are EPA is also approving an additional docket without change and may be available either electronically in http:// submittal by the State of Kansas made available online at http:// www.regulations.gov or in hard copy at pertaining to amendments of the Class www.regulations.gov, including any the Environmental Protection Agency, II operating permit rules which were personal information provided, unless Air Planning and Development Branch, amended by the Kansas Department of the comment includes information 901 North 5th Street, Kansas City, Health and Environment (KDHE) on claimed to be Confidential Business Kansas 66101. The Regional Office’s February 20, 1998, but had not Information (CBI) or other information official hours of business are Monday previously been submitted for EPA whose disclosure is restricted by statute. through Friday, 8 to 4:30 excluding approval. In addition, EPA is approving Do not submit through http:// Federal holidays. The interested persons a revision to the Class II operating www.regulations.gov or e-mail wanting to examine these documents permit rules adopted in 2005. The Class information that you consider to be CBI should make an appointment with the II operating permit rules were primarily or otherwise protected. The http:// office at least 24 hours in advance. revised to align the annual emission www.regulations.gov Web site is an FOR FURTHER INFORMATION CONTACT: Gina inventory reporting date deadline with ‘‘anonymous access’’ system, which Grier at (913) 551–7078 or by e-mail at the June 1 payment of Annual means EPA will not know your identity [email protected]. Emissions Fee rule. or contact information unless you EPA approval will ensure consistency provide it in the body of your comment. SUPPLEMENTARY INFORMATION: between the state and the Federally- If you send an e-mail comment directly Throughout this document whenever approved rules. to EPA without going through http:// ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean DATES: This direct final rule will be www.regulations.gov, your e-mail EPA. This section provides additional effective April 8, 2008, without further address will be automatically captured information by addressing the following notice, unless EPA receives adverse and included as part of the comment questions: comment by March 10, 2008. If adverse that is placed in the public docket and What is a SIP?

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What is the Federal approval process for a Implementation Plans.’’ The actual state What is the Federal approval process SIP? regulations which are approved are not for an operating permits program? What does Federal approval of a state reproduced in their entirety in the CFR In order for state regulations to be regulation mean to me? outright but are ‘‘incorporated by What is the Part 70 operating permits included in the Federally-enforceable program? reference,’’ which means that we have Title V operating permits program, What is the Federal approval process for an approved a given state regulation with states must formally adopt regulations operating permits program? a specific effective date. consistent with state and Federal What is being addressed in this document? What does Federal approval of a state requirements. This process generally Have the requirements for approval of a SIP includes a public notice, public hearing, regulation mean to me? revision and a Part 70 revision been met? public comment period, and a formal What action is EPA taking? Enforcement of the state regulation adoption by a state-authorized What is a SIP? before and after it is incorporated into rulemaking body. Once a state rule, regulation, or Section 110 of the Clean Air Act the Federally-approved SIP is primarily control strategy is adopted, the state (CAA) requires states to develop air a state responsibility. However, after the submits it to us for inclusion into the pollution regulations and control regulation is Federally approved, we are approved operating permits program. strategies to ensure that state air quality authorized to take enforcement action We must provide public notice and seek meets the national ambient air quality against violators. Citizens are also additional public comment regarding standards established by EPA. These offered legal recourse to address the proposed Federal action on the state ambient standards are established under violations as described in section 304 of submission. If adverse comments are section 109 of the CAA, and they the CAA. received, they must be addressed prior currently address six criteria pollutants. to any final Federal action by us. These pollutants are: carbon monoxide, What is the Part 70 operating permits program? All state regulations and supporting nitrogen dioxide, ozone, lead, information approved by EPA under particulate matter, and sulfur dioxide. The CAA Amendments of 1990 section 502 of the CAA, including Each state must submit these require all states to develop operating revisions to the state program, are regulations and control strategies to us permits programs that meet certain included in the Federally-approved for approval and incorporation into the Federal criteria. In implementing this operating permits program. Records of Federally-enforceable SIP. program, the states are to require certain Each Federally-approved SIP protects such actions are maintained in the CFR sources of air pollution to obtain air quality primarily by addressing air at Title 40, part 70, appendix A, entitled pollution at its point of origin. These permits that contain all applicable ‘‘Approval Status of State and Local SIPs can be extensive, containing state requirements under the CAA. One Operating Permits Programs.’’ purpose of the part 70 operating permits regulations or other enforceable What is being addressed in this documents and supporting information program is to improve enforcement by document? such as emission inventories, issuing each source a single permit that Revocation of Sulfur Compounds monitoring networks, and modeling consolidates all of the applicable CAA Emissions Rule demonstrations. requirements into a Federally- enforceable document. By consolidating EPA is approving the revocation of What is the Federal approval process all of the applicable requirements for a the Kansas for Sulfur Compound for a SIP? facility into one document, the source, Emissions rule, K.A.R. 28–19–22. The In order for state regulations to be the public, and the permitting rule, which is related to emissions of incorporated into the Federally- authorities can more easily determine sulfur compounds, and was originally enforceable SIP, states must formally what CAA requirements apply and how adopted in 1972, established limitations adopt the regulations and control compliance with those requirements is for sulfur oxides emissions from strategies consistent with state and determined. primary nonferrous (i.e., lead and zinc) Federal requirements. This process Sources required to obtain an smelters, and prohibited emission or generally includes a public notice, operating permit under this program combustion of process gas streams (such public hearing, public comment period, include ‘‘major’’ sources of air pollution as those found at petroleum refineries) and a formal adoption by a state- and certain other sources specified in containing hydrogen sulfide above the authorized rulemaking body. the CAA or in our implementing specified limits. Subsequent to the Once a state rule, regulation, or regulations. For example, all sources adoption of this rule and its inclusion control strategy is adopted, the state regulated under the acid rain program, into the SIP, the lead and zinc smelters submits it to us for inclusion into the regardless of size, must obtain permits. in Kansas subject to this rule have SIP. We must provide public notice and Examples of major sources include ceased to operate, and refineries once seek additional public comment those that emit 100 tons per year or potentially subject to this rule are now regarding the proposed Federal action more of volatile organic compounds, subject to more stringent requirements on the state submission. If adverse carbon monoxide, lead, sulfur dioxide, for sulfur emissions under the new comments are received, they must be nitrogen dioxide, or PM ; those that source performance standards (NSPS). addressed prior to any final Federal 10 The Kansas Department of Health and emit 10 tons per year of any single action by us. Environment has determined that the hazardous air pollutant (HAP) All state regulations and supporting sulfur rule may be revoked without information approved by EPA under (specifically listed under the CAA); or adverse impact on air quality. section 110 of the CAA are incorporated those that emit 25 tons per year or more EPA’s review of the material into the Federally-approved SIP. of a combination of HAPs. submitted indicates the state has Records of such SIP actions are Revisions to the state operating amended the air quality rules in maintained in the Code of Federal permits program are also subject to accordance with the requirements of the Regulations (CFR) at title 40, part 52, public notice, comment, and our Clean Air Act. State action to revoke the entitled ‘‘Approval and Promulgation of approval. sulfur rule and to change the inventory

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regulations does not impair its ability to The 1998 revision to K.A.R. 28–19– Department of Administration’s protect the NAAQS. Language in both 561, reciprocating engines under a requirements. 1998 and 2005 permit-by-rule revisions permit-by-rule, was amended to change While not a part of the SIP, and was clarified and rearranged but there the annual emissions inventory therefore not a component of this SIP were no substantive changes of the reporting date for owners and operators revision, it should be noted that the requirements. We have reviewed the of stationary sources operating under Class III operating permit regulations information submitted by Kansas in Class II operating permits from April 1 (K.A.R. 28–19–575 through 578) were support of this determination and agree to June 1, and include language to also revoked and the revocation was with this conclusion. define the time period requirements for part of the same hearing as for these SIP regulations. Revisions to Class I and Class II record retention. K.A.R. 28–19–546 was Operating Permit Rules for 1998 and revised to change the date back to April Have the requirements for approval of 2005 Submissions 1 and additional amendments were a SIP revision and a Part 70 revision made to clarify that the requirements to been met? Six of the regulations proposed for develop compliance plans are not amendment consist of the operating triggered by paperwork violations, but The state submittal has met the public permit regulations principally only by the operation of a source at a notice requirements for SIP submissions concerning the emission inventory level exceeding the defined levels of the in accordance with 40 CFR 51.102. The requirements, and permit-by-rules regulation (SIP). submittal also satisfied the which include a due date for inventory In the 2005 revision to K.A.R. 28–19– completeness criteria or 40 CFR part 51, submittals. The time for filing the 561, reciprocating engines, K.A.R. 28– appendix V. In addition, as explained reports was set in the 1998 amendments 19–546 was referenced and changes above and in more detail in the as June 1 of each year. stipulate that the requirements will Technical Support Document that is In the 2005 revisions for Class II apply to stationary reciprocating part of this docket, the revisions meet permit-by-rule regulations, K.A.R. 28– engines with a capacity equal to or the substantive SIP requirements of the 19–561 through 28–19–563, changes greater than 730 horsepower, 550 CAA, including section 110 and were made so that these rules were kilowatts, or 5.1 million Btu per hour implementing regulations. Finally, the consistent with the provisions of the fuel input. A source with less capacity submittal met the substantive Class II inventory regulation, K.A.R. 28– requirements of Title V of the 1990 CAA 19–546. (i.e., instead of specifying the shall be presumed to have a potential- to-emit less than 100 tons of regulated Amendments and 40 CFR part 70. due date in the permit-by-rule EPA’s review of the material pollutant per year (SIP). regulations, the regulations will now submitted indicates the state has In the 1998 revisions for K.A.R. 28– reference the date set by K.A.R. 28–19– amended the air quality rules in 19–562, organic solvent evaporative 546, so that only one rule will require accordance with the requirements of the sources under a permit-by-rule, was revision to accomplish the change.) This Clean Air Act. Revisions to revoke the amended to change the annual reference changed the submittal date sulfur rule and to change the inventory emissions inventory reporting date for back to April 1 of each year, to decrease regulations do not interfere with owners and operators of stationary the short-term surge of combined Class attainment of the NAAQS. Language in sources operating under Class II I and Class II submittals and alleviate the permit-by-rule revisions was operating permits from April 1, to June the workload for KDHE staff. rearranged but had no substantive 1, and include language to define the The 2005 revision to K.A.R. 28–19– changes of the requirements. 517, annual emissions inventories for time period requirements for record the Class I operating permits clarifies retention (SIP). In the 2005 revisions, What action is EPA taking? that under the circumstance that June 1 K.A.R. 28–19–562, organic solvent We are processing this action on the falls on a weekend or holiday, the evaporative sources order was State’s amendments to the SIP approved deadline for application submittal will rearranged, but the emission levels and rules and the 40 CFR part 70 operating fall on the next business day (Title V). requirements of the rule were retained permit program as a direct final action The 2005 revision to K.A.R. 28–19– (SIP). K.A.R. 28–19–546 was also because the revisions make routine 542, reporting requirements for sources referenced. changes to the existing rules which are operating under a permit-by-rule has In the revisions for 1998 K.A.R. 28– noncontroversial. Therefore, we do not been updated to cross-reference a 19–563, hot asphalt facilities permit-by- anticipate any adverse comments. recently adopted permit-by-rule, K.A.R. rule was amended to change the annual Please note that if EPA receives adverse 28–19–564. EPA previously approved emissions inventory reporting date for comment on part of this rule and if that rule K.A.R. 28–19–564 (SIP). owners and operators of stationary part can be severed from the remainder In the 1998 revision, K.A.R. 28–19– sources operating under Class II of the rule, EPA may adopt as final 546, annual emission inventory, operating permits from April 1, to June those parts of the rule that are not the requirements for Class II operating 1, and include language to define the subject of an adverse comment. permits was amended to change the time period requirements for record annual emissions inventory reporting retention (SIP). In the 2005 revisions, Statutory and Executive Order Reviews date for owners and operators of K.A.R. 28–19–546 was revised to change Under Executive Order 12866 (58 FR stationary sources operating under Class the date submittal back to April 1 and 51735, October 4, 1993), this action is II operating permits from April 1 to June the rule was rearranged, but the not a ‘‘significant regulatory action’’ and 1, to comply with the change in the emission levels and requirements of the therefore is not subject to review by the payment date from April 1 to June 1 rule were retained (SIP). Office of Management and Budget. For (SIP). The 2005 revision was revised to The 2005 revisions for Class II permit- this reason, this action is also not modify the date from June 1 back to by-rule regulations were changed to subject to Executive Order 13211, April 1. The rule also clarified that if make these rules consistent with the ‘‘Actions Concerning Regulations That April 1 falls on a weekend or holiday, provisions of the Class II inventory Significantly Affect Energy Supply, the deadline for application submittal regulation. Grammatical revisions are Distribution, or Use’’ (66 FR 28355, May will fall on the next business day (SIP). also proposed to better conform to the 22, 2001). This action merely approves

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state law as meeting Federal state choices, provided that they meet shall not postpone the effectiveness of requirements and imposes no additional the criteria of the CAA. In this context, such rule or action. This action may not requirements beyond those imposed by in the absence of a prior existing be challenged later in proceedings to state law. Accordingly, the requirement for the State to use enforce its requirements. (See section Administrator certifies that this rule voluntary consensus standards (VCS), 307(b)(2).) will not have a significant economic EPA has no authority to disapprove a impact on a substantial number of small SIP submission for failure to use VCS. List of Subjects entities under the Regulatory Flexibility It would thus be inconsistent with 40 CFR Part 52 Act (5 U.S.C. 601 et seq.). Because this applicable law for EPA, when it reviews Environmental protection, Air rule approves pre-existing requirements a SIP submission, to use VCS in place pollution control, Carbon monoxide, under state law and does not impose of a SIP submission that otherwise Incorporation by reference, any additional enforceable duty beyond satisfies the provisions of the CAA. that required by state law, it does not Thus, the requirements of section 12(d) Intergovernmental relations, Lead, contain any unfunded mandate or of the National Technology Transfer and Nitrogen dioxide, Ozone, Particulate significantly or uniquely affect small Advancement Act of 1995 (15 U.S.C. matter, Reporting and recordkeeping governments, as described in the 272 note) do not apply. This rule does requirements, Sulfur oxides, Volatile Unfunded Mandates Reform Act of 1995 not impose an information collection organic compounds. (Pub. L. 104–4). burden under the provisions of the 40 CFR Part 70 This rule also does not have tribal Paperwork Reduction Act of 1995 (44 implications because it will not have a U.S.C. 3501 et seq.). Administrative practice and substantial direct effect on one or more The Congressional Review Act, 5 procedure, Air pollution control, Indian tribes, on the relationship U.S.C. 801 et seq., as added by the Small Intergovernmental relations, Operating between the Federal Government and Business Regulatory Enforcement permits, Reporting and recordkeeping Indian tribes, or on the distribution of Fairness Act of 1996, generally provides requirements. power and responsibilities between the that before a rule may take effect, the Dated: January 28, 2008. Federal Government and Indian tribes, agency promulgating the rule must John B. Askew, as specified by Executive Order 13175 submit a rule report, which includes a Regional Administrator, Region 7. (65 FR 67249, November 9, 2000). This copy of the rule, to each House of the I action also does not have Federalism Congress and to the Comptroller General Chapter I, title 40 of the Code of implications because it does not have of the United States. EPA will submit a Federal Regulations is amended as substantial direct effects on the States, report containing this rule and other follows: on the relationship between the national required information to the U.S. Senate, PART 52—[AMENDED] government and the States, or on the the U.S. House of Representatives, and distribution of power and the Comptroller General of the United I 1. The authority citation for part 52 responsibilities among the various States prior to publication of the rule in continues to read as follows: levels of government, as specified in the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq. Executive Order 13132 (64 FR 43255, cannot take effect until 60 days after it August 10, 1999). This action merely is published in the Federal Register. Subpart R—Kansas approves a state rule implementing a This action is not a ‘‘major rule’’ as Federal standard, and does not alter the defined by 5 U.S.C. 804(2). I 2. In § 52.870 the table in paragraph relationship or the distribution of power Under section 307(b)(1) of the Clean (c) is amended by: and responsibilities established in the Air Act, petitions for judicial review of I a. Removing the entry for K.A.R. 28– CAA. This rule also is not subject to this action must be filed in the United 19–22 under Processing Operation Executive Order 13045, ‘‘Protection of States Court of Appeals for the Emissions; Children from Environmental Health appropriate circuit by April 8, 2008. I b. Revising the entries for K.A.R. 28– Risks and Safety Risks’’ (62 FR 19885, Filing a petition for reconsideration by 19–542; 28–19–546, 28–19–561; 28–19– April 23, 1997), because it approves a the Administrator of this final rule does 562 and 28–19–563 to read as follows: state rule implementing a Federal not affect the finality of this rule for the standard. purposes of judicial review nor does it § 52.820 Identification of plan. In reviewing SIP and Title V extend the time within which a petition * * * * * submissions, EPA’s role is to approve for judicial review may be filed, and (c) * * *

EPA-APPROVED KANSAS REGULATIONS

State effec- Kansas citation Title tive date EPA approval date Explanation

Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control

******* Class II Operating Permits

******* K.A.R. 28–19–542 Permit-By-Rule ...... 09/23/2005 02/08/2008 [insert FR page number where the document begins]. Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control

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EPA-APPROVED KANSAS REGULATIONS—Continued

State effec- Kansas citation Title tive date EPA approval date Explanation

******* K.A.R. 28–19–546 Annual Emission Inventory ...... 09/23/2005 02/08/2008 [insert FR page number where the document begins]. K.A.R. 28–19–561 Permit-by-Rule; Reciprocating Engines ...... 09/23/2005 02/08/2008 [insert FR page number where the document begins]. K.A.R. 28–19–562 Permit-by-Rule; Organic Solvent Evaporative 09/23/2005 02/08/2008 [insert FR Sources. page number where the document begins]. K.A.R. 28–19–563 Permit-by-Rule; Hot Mix Asphalt Facilities ...... 09/23/2005 02/08/2008 [insert FR page number where the document begins].

*******

* * * * * because insufficient data were available available in hard copy, at the OPP to the Agency to make the safety finding Regulatory Public Docket in Rm. S– PART 70—[AMENDED] of FFDCA section 408(c)(2): PP 2E6491 4400, One Potomac Yard (South Bldg.), submitted by Hampshire Chemical 2777 S. Crystal Dr., Arlington, VA. The I 3. The authority citation for part 70 Corporation to amend the inert Docket Facility is open from 8:30 a.m. continues to read as follows: ingredient tolerance exemption under to 4 p.m., Monday through Friday, Authority: 42 U.S.C. 7401 et seq. 40 CFR 180.1207 for certain N-acyl excluding legal holidays. The Docket I 4. Appendix A to part 70 is amended sarcosines and sodium N-acyl Facility telephone number is (703) 305– by adding paragraph (d) under ‘‘Kansas’’ sarcosinates, and PP 7E4810 (Crezasin) 5805. to read as follows: and PP 7E4811 (Mival) submitted by FOR FURTHER INFORMATION CONTACT: Globe Tech Industries Corporation to Appendix A to Part 70—Approval Kathleen Martin, Registration Division establish an inert ingredient tolerance (7505P), Office of Pesticide Programs, Status of State and Local Operating exemption under § 180.920. Permits Programs Environmental Protection Agency, 1200 DATES: This regulation is effective Pennsylvania Ave., NW., Washington, * * * * * February 8, 2008. Objections and DC 20460–0001; telephone number: Kansas requests for hearings must be received (703) 308–2857; e-mail address: on or before April 8, 2008, and must be [email protected]. * * * * * filed in accordance with the instructions SUPPLEMENTARY INFORMATION: (d) The Kansas Department of Health provided in 40 CFR part 178 (see also and Environment submitted for program Unit I.C. of the SUPPLEMENTARY I. General Information approval rule K.A.R. 28–19–517 on INFORMATION. January 27, 2006. The state effective A. Does this Action Apply to Me? date was September 23, 2005. This ADDRESSES: EPA has established a You may be potentially affected by revision to the Kansas program is docket for this action under docket this action if you are an agricultural approved effective April 8, 2008. identification (ID) number EPA–HQ– producer, food manufacturer, or * * * * * OPP–2002–0201. To access the pesticide manufacturer. Potentially electronic docket, go to http:// [FR Doc. E8–2189 Filed 2–7–08; 8:45 am] affected entities may include, but are www.regulations.gov, select ‘‘Advanced BILLING CODE 6560–50–P not limited to, those engaged in the Search,’’ then ‘‘Docket Search.’’ Insert following activities: the docket ID number where indicated • Crop production (NAICS code 111), ENVIRONMENTAL PROTECTION and select the ‘‘Submit’’ button. Follow e.g., agricultural workers; greenhouse, AGENCY the instructions on the regulations.gov nursery, and floriculture workers; website to view the docket index or farmers. 40 CFR Part 180 access available documents. All • Animal production (NAICS code documents in the docket are listed in 112), e.g., cattle ranchers and farmers, [EPA–HQ–OPP–2002–0201; FRL–8342–4] the docket index available in dairy cattle farmers, livestock farmers. • Inert ingredients: Denial of Pesticide regulations.gov. Although listed in the Food manufacturing (NAICS code Petitions 2E6491 (N-Acyl Sarcosines index, some information is not publicly 311), e.g., agricultural workers; farmers; and Sodium N-Acyl Sarcosinates), available, e.g., Confidential Business greenhouse, nursery, and floriculture 7E4810 (Crezasin), and 7E4811 (Mival) Information (CBI) or other information workers; ranchers; pesticide applicators. whose disclosure is restricted by statute. • Pesticide manufacturing (NAICS AGENCY: Environmental Protection Certain other material, such as code 32532), e.g., agricultural workers; Agency (EPA). copyrighted material, is not placed on commercial applicators; farmers; ACTION: Final rule. the Internet and will be publicly greenhouse, nursery, and floriculture available only in hard copy form. workers; residential users. SUMMARY: EPA is denying three Publicly available docket materials are This listing is not intended to be petitions to amend or establish available in the electronic docket at exhaustive, but rather to provide a guide exemptions from pesticide tolerances http://www.regulations.gov, or, if only for readers regarding entities likely to be

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affected by this action. Other types of • Delivery: OPP Regulatory Public submitted by the petitioner (e.g., acute, entities not listed in this unit could also Docket (7502P), Environmental subchronic, and chronic toxicity) are be affected. The North American Protection Agency, Rm. S–4400, One inadequate and not acceptable. The data Industrial Classification System Potomac Yard (South Bldg.), 2777 S. are unpublished, and no basic quality (NAICS) codes have been provided to Crystal Dr., Arlington, VA. Deliveries information (in compliance with Good assist you and others in determining are only accepted during the Docket’s Laboratory Practices) is provided, whether this action might apply to normal hours of operation (8:30 a.m. to including when the studies were certain entities. If you have any 4 p.m., Monday through Friday, conducted. Second, the submitter did questions regarding the applicability of excluding legal holidays). Special not provide adequate developmental this action to a particular entity, consult arrangements should be made for and reproductive toxicity data. In the person listed under FOR FURTHER deliveries of boxed information. The making the FFDCA safety INFORMATION CONTACT. Docket Facility telephone number is determination, EPA considers the validity, completeness, and reliability of B. How Can I Access Electronic Copies (703) 305–5805. the data that are available to the Agency of this Document? II. Background (FFDCA sections 408(b)(2)(D) and In addition to accessing an electronic A. What Action is the Agency Taking? 408(c)(2)(B)), and the available copy of this Federal Register document information concerning the special 1. Denial of Pesticide Petition 2E6491 through the electronic docket at http:// susceptibility of infants and children. If (N-Acyl Sarcosines and Sodium N-Acyl www.regulations.gov, you may access reproductive and developmental Sarcosinates). this Federal Register document toxicity data are not available, or if such In December 1999, EPA established electronically through the EPA Internet information is not available in the open exemptions from the requirement of a under the ‘‘Federal Register’’ listings at literature, screening level reproductive tolerance at 40 CFR 180.1207 for http://www.epa.gov/fedrgstr. You may and developmental toxicity data may be residues of certain N-acyl sarcosines also access a frequently updated acceptable for assessing the special and sodium N-acyl sarcosinates when electronic version of EPA’s tolerance susceptibility of infants and children. regulations at 40 CFR part 180 through used as inert ingredients (surfactants) at For the sarcosines, EPA communicated the Government Printing Office’s pilot levels not to exceed 10% in pesticide with the petitioner regarding the e-CFR site at http://www.gpoaccess.gov/ formulations containing glyphosate (64 developmental/reproductive toxicity ecfr. FR 68044; December 6, 1999). The data gap; no further information or data specific N-acyl sarcosines and sodium C. Can I File an Objection or Hearing were received. N-acyl sarcosinates were: N-oleoyl Because the safety finding, as required Request? sarcosine (CAS 110-25-8); N-stearoyl under FFDCA section 408(c)(2), could Under section 408(g) of FFDCA, any sarcosine (CAS 142-48-3); N-lauroyl not be made due to insufficient data, person may file an objection to any sarcosine (CAS 97-78-9); N-myristoyl EPA is denying the petitioner’s request aspect of this regulation and may also sarcosine (CAS 52558-73-3); N-cocoyl to amend the existing tolerance request a hearing on those objections. sarcosine mixture (CAS 68411-97-2); N- exemption for the N-acyl sarcosines and You must file your objection or request methyl-N-(1-oxo-9-octodecenyl) glycine sodium N-acyl sarcosinates. a hearing on this regulation in (CAS 3624-77-9); N-methyl-N-(1- 2. Denial of Pesticide Petitions accordance with the instructions oxooctadecyl) glycine (CAS 5136-55-0); 7E4810 (Crezasin) and 7E4811 (Mival). provided in 40 CFR part 178. To ensure N-methyl-N-(1-oxododecyl) glycine In the Federal Register of December 2, proper receipt by EPA, you must (CAS 137-16-6); N-methyl-N-(1- 1997 (62 FR 63940) (FRL–5751–9), EPA identify docket ID number EPA–HQ– oxotetradecyl glycine (CAS 30364-51-3); issued two notices pursuant to section OPP–2002–0201 in the subject line on and N-cocoyl sarcosine sodium salt 408 of FFDCA, 21 U.S.C. 346a the first page of your submission. All mixture (CAS 61791-59-1). announcing the filing of pesticide requests must be in writing, and must be In the Federal Register of September petitions (PP 7E4810 and PP 7E4811) by mailed or delivered to the Hearing Clerk 18, 2002 (67 FR 58799) (FRL–7194–5), Globe Tech Industries Corporation. The as required by 40 CFR part 178 on or EPA issued a notice pursuant to section petitions requested that EPA establish before April 8, 2008. 408 of FFDCA, 21 U.S.C. 346a, as inert ingredient tolerance exemptions In addition to filing an objection or amended by FQPA (Public Law 104– under 40 CFR 180.920 for the use of hearing request with the Hearing Clerk 170), announcing the filing of a Crezasin (PP 7E4810) and Mival (PP as described in 40 CFR part 178, please pesticide petition (PP 2E6491) by 7E4811) in pesticide formulations used submit a copy of the filing that does not Hampshire Chemical Corporation. The on growing crops only. contain any CBI for inclusion in the petition requested that 40 CFR In evaluating the petitioner’s requests, public docket that is described in 180.1207, which pertains to the N-acyl EPA determined that significant and ADDRESSES. Information not marked sarcosines and sodium N-acyl important data in the petitioner’s confidential pursuant to 40 CFR part 2 sarcosinates listed in the previous submission were inadequate and not may be disclosed publicly by EPA paragraph, be amended to add pesticide acceptable, including the residue without prior notice. Submit this copy, formulations containing the active chemistry and the description of the identified by docket ID number EPA– ingredients 2,4-D, atrazine, dicamba, chemicals’ product chemistry data. EPA HQ–OPP–2002–0201, by one of the and glufosinate ammonium; the existing has been unable to contact or locate the following methods: tolerance exemption is limited to petitioner, Globe Tech Corporation, • Federal eRulemaking Portal: http:// formulations containing glyphosate. No about the data deficiencies. In making www.regulations.gov. Follow the on-line comments were received in response to the FFDCA safety determination, EPA instructions for submitting comments. the notice of filing. considers the validity, completeness, • Mail: Office of Pesticide Programs In evaluating the petitioner’s request and reliability of the data that are (OPP) Regulatory Public Docket (7502P), (PP 2E6491), EPA determined that available to the Agency (FFDCA section Environmental Protection Agency, 1200 significant and important data were 408(b)(2)(D) and 408(c)(2)(B)). Because Pennsylvania Ave., NW., Washington, missing from the petitioner’s the safety finding required under DC 20460–0001. submission. First, certain data FFDCA section 408(b)(2) could not be

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made due to insufficient data, EPA is objections must include a statement of that available evidence identified by the denying the petitioner’s request to the factual issues(s) on which a hearing requestor would, if established resolve establish inert ingredient tolerance is requested, the requestor’s contentions one or more of such issues in favor of exemptions under 40 CFR 180.920 for on such issues, and a summary of any the requestor, taking into account the use of Crezasin (PP 7E4810) and evidence relied upon by the objector (40 uncontested claims or facts to the Mival (PP 7E4811). CFR 178.27). Information submitted in contrary; and resolution of the factual connection with an objection or hearing issues(s) in the manner sought by the B. What is the Agency’s Authority for request may be claimed confidential by requestor would be adequate to justify Taking this Action? marking any part or all of that the action requested (40 CFR 178.32). Section 408(c)(2)(A)(i) of FFDCA information as CBI. Information so IV. Statutory and Executive Order allows EPA to establish an exemption marked will not be disclosed except in Reviews from the requirement for a tolerance (the accordance with procedures set forth in legal limit for a pesticide chemical 40 CFR part 2. A copy of the This final rule denies a request to residue in or on a food) only if EPA information that does not contain CBI amend an exemption from tolerance determines that the exemption is ‘‘safe.’’ must be submitted for inclusion in the under FFDCA section 408(d). The Office Section 408(c)(2)(A)(ii) of FFDCA public record. Information not marked of Management and Budget (OMB) has defines ‘‘safe’’ to mean that ‘‘there is a confidential may be disclosed publicly exempted these types of actions from reasonable certainty that no harm will by EPA without prior notice. Mail your review under Executive Order 12866, result from aggregate exposure to the written request to: Office of the Hearing entitled Regulatory Planning and pesticide chemical residue, including Clerk (1900L), Environmental Protection Review (58 FR 51735, October 4, 1993). all anticipated dietary exposures and all Agency, 1200 Pennsylvania Ave., NW., Because this rule has been exempted other exposures for which there is Washington, DC 20460-0001. You may from review under Executive Order reliable information.’’ also deliver your request to the Office of 12866 due to its lack of significance, this rule is not subject to Executive III. Objections and Hearing Requests the Hearing Clerk in Suite 350, 1099 14th St., NW., Washington, DC 20005. Order 13211, Actions Concerning Under section 408(g) of FFDCA, as The Office of the Hearing Clerk is open Regulations That Significantly Affect amended by FQPA, any person may file from 8 a.m. to 4 p.m., Monday through Energy Supply, Distribution, or Use (66 an objection to any aspect of this Friday, excluding legal holidays. The FR 28355, May 22, 2001). This final rule regulation and may also request a telephone number for the Office of the does not contain any information hearing on those objections. The EPA Hearing Clerk is (202) 564-6255. collections subject to OMB approval procedural regulations which govern the 2. Copies for the Docket. In addition under the Paperwork Reduction Act submission of objections and requests to filing an objection or hearing request (PRA), 44 U.S.C. 3501 et seq., or impose for hearings appear in 40 CFR part 178. with the Hearing Clerk as described in any enforceable duty or contain any Although the procedures in those Unit III.A., you should also send a copy unfunded mandate as described under regulations require some modification to of your request to Public Information Title II of the Unfunded Mandates reflect the amendments made to FFDCA and Records Integrity Branch (PIRIB) for Reform Act of 1995 (UMRA) (Public by FQPA, EPA will continue to use its inclusion in the official record that Law 104-4). Nor does it require any those procedures, with appropriate is described in ADDRESSES. Mail your special considerations under Executive adjustments, until the necessary copies, identified by docket ID number Order 12898, entitled Federal Actions to modifications can be made. The new EPA–HQ–OPP–2002–0201, to: Public Address Environmental Justice in section 408(g) provides essentially the Information and Records Integrity Minority Populations and Low-Income same process for persons to ‘‘object’’ to Branch, Information Resources and Populations (59 FR 7629, February 16, a regulation for an exemption from the Services Division (7502P), Office of 1994); or OMB review or any Agency requirement of a tolerance issued by Pesticide Programs, Environmental action under Executive Order 13045, EPA under new section 408(d), as was Protection Agency, 1200 Pennsylvania entitled Protection of Children from provided in the old FFDCA sections 408 Ave., NW., Washington, DC 20460. In Environmental Health Risks and Safety and 409. However, the period for filing person or by courier, bring a copy to the Risks (62 FR 19885, April 23, 1997). objections is now 60 days, rather than location of PIRIB described in This action does not involve any 30 days. ADDRESSES. You may also send an technical standards that would require electronic copy of your request via e- Agency consideration of voluntary A. What Do I Need to Do to File an mail to: [email protected]. Please use consensus standards pursuant to section Objection or Request a Hearing? an ASCII file format and avoid the use 12(d) of the National Technology You must file your objection or of special characters and any form of Transfer and Advancement Act of 1995 request a hearing on this regulation in encryption. Copies of electronic (NTTAA), Public Law 104-113, section accordance with the instructions objections and hearing requests will also 12(d) (15 U.S.C. 272 note). provided in this unit and in 40 CFR part be accepted on disks in WordPerfect Since tolerances and exemptions that 178. To ensure proper receipt by EPA, 6.1/8.0 or ASCII file format. Do not are established on the basis of a petition you must identify docket ID number include any CBI in your electronic copy. under FFDCA section 408(d), such as EPA–HQ–OPP–2002–0201 in the subject You may also submit an electronic copy the tolerance in this final rule, do not line on the first page of your of your request at many Federal require the issuance of a proposed rule, submission. All requests must be in Depository Libraries. the requirements of the Regulatory writing, and must be mailed or Flexibility Act (RFA) (5 U.S.C. 601 et delivered to the Hearing Clerk on or B. When Will the Agency Grant a seq.) do not apply. In addition, the before April 8, 2008. Request for a Hearing? Agency has determined that this action 1. Filing the request. Your objection A request for a hearing will be granted will not have a substantial direct effect must specify the specific provisions in if the Administrator determines that the on States, on the relationship between the regulation that you object to, and the material submitted shows the following: the national government and the States, grounds for the objections (40 CFR There is a genuine and substantial issue or on the distribution of power and 178.25). If a hearing is requested, the of fact; there is a reasonable possibility responsibilities among the various

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levels of government, as specified in the Congress and to the Comptroller information pertaining to status or Executive Order 13132, entitled General of the United States. EPA will publication schedules, contact the Federalism (64 FR 43255, August 10, submit a report containing this rule and Regulatory Secretariat, Room 4035, GS 1999). other required information to the U.S. Building, Washington, DC 20405, (202) Executive Order 13132 requires EPA Senate, the U.S. House of 501–4755. Please cite FMR Amendment to develop an accountable process to Representatives, and the Comptroller 2008–03, FMR Case 2008–102–1. ensure ‘‘meaningful and timely input by General of the United States prior to SUPPLEMENTARY INFORMATION: state and local officials in the publication of this final rule in the development of regulatory policies that Federal Register. This final rule is not A. Executive Order 12866 have federalism implications.’’ ‘‘Policies a ‘‘major rule’’ as defined by 5 U.S.C. The General Services Administration that have federalism implications’’ is 804(2). (GSA) has determined that this final defined in the Executive order to rule is not a significant regulatory action include regulations that have List of Subjects in 40 CFR Part 180 for the purposes of Executive Order ‘‘substantial direct effects on the States, Environmental protection, 12866 of September 30, 1993. on the relationship between the national Administrative practice and procedure, B. Regulatory Flexibility Act government and the States, or on the Agricultural commodities, Pesticides distribution of power and and pests, Reporting and recordkeeping This final rule is not required to be responsibilities among the various requirements. published in the Federal Register for levels of government.’’ This final rule notice and comment. Therefore, the directly regulates growers, food Dated: January 28, 2008. Regulatory Flexibility Act does not processors, food handlers and food Marty Monell, apply. retailers, not States. This action does not Acting Director, Office of Pesticide Programs. C. Paperwork Reduction Act alter the relationships or distribution of [FR Doc. E8–2175 Filed 2–7–08; 8:45 am] power and responsibilities established BILLING CODE 6560–50–S The Paperwork Reduction Act does by Congress in the preemption not apply because this final rule does provisions of FFDCA section 408(n)(4). not impose recordkeeping or For these same reasons, the Agency has information collection requirements, or determined that this rule does not have GENERAL SERVICES the collection of information from any ‘‘tribal implications’’ as described ADMINISTRATION offerors, contractors, or members of the in Executive Order 13175, entitled 41 CFR Part 102–42 public which require the approval of Consultation and Coordination with OMB under 44 U.S.C. 3501–3520. Indian Tribal Governments (59 FR [FMR Amendment 2008–03; FMR Case D. Small Business Reform Act 22951, November 6, 2000). Executive 2008–102–1; Docket 2008-0001; Sequence Order 13175, requires EPA to develop 1] This final rule is also exempt from an accountable process to ensure Congressional review prescribed under ‘‘meaningful and timely input by tribal RIN 3090–AI45 5 U.S.C. 801 since it relates solely to officials in the development of agency management and personnel. regulatory policies that have tribal Federal Management Regulation; FMR implications.’’ ‘‘Policies that have tribal Case 2008–102–2, Change in List of Subjects in 41 CFR Part 102–42 Consumer Price Index Minimal Value implications’’ is defined in the Excess government property, Executive order to include regulations AGENCY: Office of Governmentwide Government property management. that have ‘‘substantial direct effects on Policy, General Services Dated: January 27, 2008. one or more Indian tribes, on the Administration, (GSA). relationship between the Federal Lurita Doan, ACTION: Final rule. Government and the Indian tribes, or on Administrator of General Services. I the distribution of power and SUMMARY: Public Law 95–105 requires For the reasons set forth in the responsibilities between the Federal that at 3-year intervals following preamble, GSA amends 41 CFR part Government and Indian tribes.’’ This January 1, 1981, minimal value for 102–42 as set forth below: rule will not have substantial direct foreign gifts be redefined by the PART 102–42—UTILIZATION, effects on tribal governments, on the Administrator of General Services, after DONATION, AND DISPOSAL OF relationship between the Federal consultation with the Secretary of State, FOREIGN GIFTS AND DECORATIONS Government and Indian tribes, or on the to reflect changes in the Consumer Price distribution of power and Index for the immediately preceding 3- I 1. The authority citation for 41 CFR responsibilities between the Federal year period. The required consultation part 102–42 continues to read as Government and Indian tribes, as has been completed and the minimal follows: specified in Executive Order 13175. value has been increased to mean $335 Authority: 40 U.S.C. 121(c); 5 U.S.C. 7342. Thus, Executive Order 13175 does not or less as of January 1, 2008. apply to this rule. DATES: Effective Date: This final rule is § 102–42.10 [Amended] V. Congressional Review Act effective February 8, 2008. I 2. Amend § 102–42.10, in the The Congressional Review Act, 5 Applicability Date: January 1, 2008. definition of Minimal value, by U.S.C. 801 et seq., generally provides FOR FURTHER INFORMATION CONTACT: Mr. removing ‘‘$305’’ and adding ‘‘$335’’ in that before a rule may take effect, the Robert Holcombe, Director, Asset its place. agency promulgating the rule must Management Policy Division (202) 501– [FR Doc. E8–2359 Filed 2–7–08; 8:45 am] submit a rule report to each House of 3828 for clarification of content. For BILLING CODE 6820–14–S

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DEPARTMENT OF HOMELAND Management Branch, Mitigation National Environmental Policy Act. SECURITY Directorate, Federal Emergency This interim rule is categorically Management Agency, 500 C Street, SW., excluded from the requirements of 44 Federal Emergency Management Washington, DC 20472, (202) 646–3151. CFR part 10, Environmental Agency SUPPLEMENTARY INFORMATION: The Consideration. An environmental modified BFEs are not listed for each impact assessment has not been 44 CFR Part 65 community in this interim rule. prepared. [Docket No. FEMA–B–7761] However, the address of the Chief Regulatory Flexibility Act. As flood Executive Officer of the community elevation determinations are not within Changes in Flood Elevation where the modified BFE determinations the scope of the Regulatory Flexibility Determinations are available for inspection is provided. Act, 5 U.S.C. 601–612, a regulatory Any request for reconsideration must flexibility analysis is not required. AGENCY: Federal Emergency be based on knowledge of changed Regulatory Classification. This Management Agency, DHS. conditions or new scientific or technical interim rule is not a significant ACTION: Interim rule. data. regulatory action under the criteria of The modifications are made pursuant section 3(f) of Executive Order 12866 of SUMMARY: This interim rule lists to section 201 of the Flood Disaster September 30, 1993, Regulatory communities where modification of the Protection Act of 1973, 42 U.S.C. 4105, Planning and Review, 58 FR 51735. Base (1% annual-chance) Flood and are in accordance with the National Executive Order 13132, Federalism. Elevations (BFEs) is appropriate because Flood Insurance Act of 1968, 42 U.S.C. This interim rule involves no policies of new scientific or technical data. New 4001, et seq., and with 44 CFR part 65. that have federalism implications under For rating purposes, the currently flood insurance premium rates will be Executive Order 13132, Federalism. calculated from the modified BFEs for effective community number is shown Executive Order 12988, Civil Justice new buildings and their contents. and must be used for all new policies Reform. This interim rule meets the DATES: These modified BFEs are and renewals. The modified BFEs are the basis for applicable standards of Executive Order currently in effect on the dates listed in 12988. the table below and revise the Flood the floodplain management measures Insurance Rate Maps (FIRMs) in effect that the community is required to either List of Subjects in 44 CFR Part 65 adopt or to show evidence of being prior to this determination for the listed Flood insurance, Floodplains, communities. already in effect in order to qualify or to remain qualified for participation in Reporting and recordkeeping From the date of the second requirements. publication of these changes in a the National Flood Insurance Program I Accordingly, 44 CFR part 65 is newspaper of local circulation, any (NFIP). These modified BFEs, together with amended to read as follows: person has ninety (90) days in which to the floodplain management criteria request through the community that the required by 44 CFR 60.3, are the PART 65—[AMENDED] Mitigation Assistant Administrator of minimum that are required. They FEMA reconsider the changes. The I 1. The authority citation for part 65 should not be construed to mean that modified BFEs may be changed during continues to read as follows: the community must change any the 90-day period. existing ordinances that are more Authority 42 U.S.C. 4001, et seq.; ADDRESSES: The modified BFEs for each stringent in their floodplain Reorganization Plan No. 3 of 1978, 3 CFR, community are available for inspection management requirements. The 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, at the office of the Chief Executive community may at any time enact 3 CFR, 1979 Comp., p. 376. Officer of each community. The stricter requirements of its own, or § 65.4 [Amended] respective addresses are listed in the pursuant to policies established by the table below. other Federal, State, or regional entities. I 2. The tables published under the FOR FURTHER INFORMATION CONTACT: The changes BFEs are in accordance authority of § 65.4 are amended as William R. Blanton, Jr., Engineering with 44 CFR 65.4. follows:

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Arizona: Pinal ...... City of Casa Grande November 14, 2007; Novem- The Honorable Robert M. Jackson, December 5, 2007 ...... 040080 (07–09–1769P). ber 21, 2007; Copper Basin Mayor, City of Casa Grande, 510 East News. Florence Boulevard, Casa Grande, AZ 85222. Arizona: Yavapai ...... City of Prescott (07– November 15, 2007; Novem- The Honorable Rowle Simmons, Mayor, February 21, 2008 ...... 040098 09–1688P). ber 22, 2007; Prescott Daily City of Prescott, 201 South Cortez Courier. Street, Prescott, AZ 86303. California: Alameda .. City of Hayward November 21, 2007; Novem- The Honorable Michael Sweeney, February 27, 2008 ...... 065033 (08–09–0157P). ber 28, 2007; The Daily Re- Mayor, City of Hayward, 777 B Street, view. Hayward, CA 94541. California: Riverside City of Perris (07– November 8, 2007; November The Honorable Daryl R. Busch, Mayor, February 14, 2008 ...... 060258 09–0955P). 15, 2007; The Press-Enter- City of Perris, 101 North D Street, prise. Perris, CA 92570. California: Riverside Unincorporated November 8, 2007; November The Honorable John F. Tavaglione, February 14, 2008 ...... 060245 areas of Riverside 15, 2007; The Press-Enter- Chairman, Board of Supervisors, Riv- County (07–09– prise. erside County, 4080 Lemon Street, 0955P). Fifth Floor, Riverside, CA 92501. Colorado: Jefferson .. City of Lakewood November 15, 2007; Novem- The Honorable Steve Burkholder, February 21, 2008 ...... 085075 (07–08–0666P). ber 22, 2007; The Golden Mayor, City of Lakewood, Lakewood Transcript. Civic Center South, 480 South Allison Parkway, Lakewood, CO 80226.

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Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Connecticut: New Town of Branford October 4, 2007; October 11, The Honorable Cheryl Morris, First September 19, 2007 ...... 090073 Haven. (07–01–0657P). 2007; New Haven Register. Selectwoman, Town of Branford, 1019 Main Street, Branford, CT 06405. Florida: Duval ...... City of Jacksonville November 12, 2007; Novem- The Honorable John Peyton, Mayor, City February 19, 2008 ...... 120077 (07–04–2369P). ber 19, 2007; Jacksonville of Jacksonville, City Hall at Saint Daily Record. James, Fourth Floor, 117 West Duval Street, Jacksonville, FL 32202. Florida: Okaloosa ..... Unincorporated November 15, 2007; Novem- Mr. James D. Curry, County Adminis- February 21, 2008 ...... 120173 areas of ber 22, 2007; Northwest trator, Okaloosa County, 1804 Lewis Okaloosa County Florida Daily News. Turner Boulevard, Suite 400, Fort (07–04–4369P). Walton Beach, FL 32547. Florida: Polk ...... City of Davenport November 7, 2007; November The Honorable Peter Rust, Mayor, City October 29, 2007 ...... 120410 (07–04–5360P). 14, 2007; The Polk County of Davenport, P.O. Box 125, Dav- Democrat. enport, FL 33836–0125. Georgia: Columbia ... Unincorporated November 14, 2007; Novem- The Honorable Ron C. Cross, Chairman, October 30, 2007 ...... 130059 areas of Colum- ber 21, 2007; Columubia Columbia County Board of Commis- bia County (07– County News-Times. sioners, P.O. Box 498, Evans, GA 04–4563P). 30809. Georgia: Coweta ...... City of Newnan (07– November 15, 2007; Novem- The Honorable Keith Brady, Mayor, City February 21, 2008 ...... 130062 04–4787P). ber 22, 2007; The Times- of Newnan, City Hall, 25 LaGrange Herald. Street, Newnan, GA 30263. Georgia: DeKalb ...... City of Atlanta (07– November 14, 2007; Novem- The Honorable Shirley Franklin, Mayor, February 20, 2008 ...... 135157 04–3101P). ber 21, 2007; The Atlanta City of Atlanta, 55 Trinity Avenue, Journal and Constitution. Suite 2500, Atlanta, GA 30303. Georgia: DeKalb ...... City of Decatur (07– November 14, 2007; Novem- The Honorable Bill Floyd, Mayor, City of February 20, 2008 ...... 135159 04–3101P). ber 21, 2007; Dunwoody Decatur, P.O. Box 220, Decatur, GA Crier. 30031. Georgia: DeKalb ...... Unincorporated November 14, 2007; Novem- The Honorable Burrell Ellis, Chairman, February 20, 2008 ...... 130065 areas of DeKalb ber 21, 2007; Dunwoody DeKalb County, Board of Commis- County (07–04– Crier. sioners, 1300 Commerce Drive, Deca- 3101P). tur, GA 30030. Georgia: Murray ...... Unincorporated November 16, 2007; Novem- The Honorable Jim Welch, Murray February 22, 2008 ...... 130366 areas of Murray ber 23, 2007; The Dalton County Commissioner, P.O. Box County (07–04– Daily Citizen. 1129, Chatsworth, GA 30705. 2594P). Iowa: Linn ...... City of Marion (07– November 21, 2007; Novem- The Honorable John Nieland, Mayor, February 27, 2008 ...... 190191 07–1087P). ber 28, 2007; Cedar Rapids City of Marion, 195 35th Street, Mar- Gazette. ion, IA 52302. Iowa: Linn ...... Unincorporated November 21, 2007; Novem- The Honorable Linda Langston, Chair- February 27, 2008 ...... 190829 areas of Linn ber 28, 2007; Cedar Rapids person, Linn County Board of Super- County (07–07– Gazette. visors, 930 First Street, Southwest, 1087P). Cedar Rapids, IA 52404. Maine: Lincoln ...... Town of Bristol (07– November 8, 2007; November The Honorable Chad Hanna, Chairman, October 23, 2007 ...... 230215 01–0799P). 15, 2007; The Lincoln Board of Selectmen, Town of Bristol, County News. P.O. Box 147, Bristol, ME 04539. Massachusetts: Bris- Town of Easton November 9, 2007; November The Honorable Colleen A. Corona, February 15, 2008 ...... 250053 tol. (07–01–0531P). 16, 2007; The Easton Jour- Chairman, Board of Selectmen, Town nal. of Easton, 136 Elm Street, North Eas- ton, MA 02356. Missouri: Greene ...... Unincorporated November 8, 2007; November The Honorable David Coonrod, Pre- February 14, 2008 ...... 290782 areas of Greene 15, 2007; Springfield News- siding Commissioner, Greene County, County (07–07– Leader. 933 North Robberson, Springfield, MO 1448P). 65802. Missouri: Jackson .... City of Lee’s Sum- November 23, 2007; Novem- The Honorable Karen Messerli, Mayor, December 10, 2007 ...... 290174 mit (07–07– ber 30, 2007; Lee’s Summit City of Lee’s Summit, 220 Southeast 1867P). Journal. Green Street, Lee’s Summit, MO 64063. Nebraska: Lancaster City of Lincoln (07– November 8, 2007; November The Honorable Chris Beutler, Mayor, October 24, 2007 ...... 315273 07–0628P). 15, 2007; Lincoln Journal City of Lincoln, 555 South 10th Street, Star. Second Floor, Room 208, Lincoln, NE 68508. Nevada: Clark ...... Unincorporated November 8, 2007; November The Honorable Rory Reid, Chair, Clark February 14, 2008 ...... 320003 areas of Clark 15, 2007; Las Vegas Re- County Board of Commissioners, 500 County (07–09– view-Journal. South Grand Central Parkway, Las 1179P). Vegas, NV 89106. Nevada: Washoe ..... Unincorporated November 14, 2007; Novem- The Honorable Robert Larkin, Chair, November 30, 2007 ...... 320019 areas of Washoe ber 21, 2007; Reno Ga- Washoe County Board of Commis- County (07–09– zette-Journal. sioners, P.O. Box 11130, Reno, NV 1314P). 89520. New York: Rockland Town of Clarkstown November 1, 2007; November The Honorable Alexander J. Gromack, April 16, 2008 ...... 360679 (07–02–0757P). 8, 2007; Rockland County Supervisor, Town of Clarkstown, 10 Times. Maple Avenue, New City, NY 10956. North Carolina: Wake Unincorporated December 10, 2007; Decem- Mr. David C. Cooke, Manager, Wake December 3, 2007 ...... 370368 areas of Wake ber 17, 2007; The News County, 337 South Salisbury Street, County (06–04– and Observer. Suite 1100, Raleigh, NC 27602. C341P). Oklahoma: Cleveland City of Moore (07– November 8, 2007; November The Honorable Glenn Lewis, Mayor, City February 14, 2008 ...... 400044 06–1082P). 15, 2007; The Norman of Moore, 301 North Broadway, Transcript. Moore, OK 73160. Oklahoma: Payne .... City of Stillwater November 15, 2007; Novem- The Honorable Roger L. McMillan, November 30, 2007 ...... 405380 (07–06–0679P). ber 22, 2007; Stillwater Mayor, City of Stillwater, 723 South NewsPress. Lewis Street, Stillwater, OK 74076.

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Oklahoma: Payne .... Unincorporated November 15, 2007; Novem- The Honorable Gloria A. Hesser, County November 30, 2007 ...... 400493 areas of Stillwater ber 22, 2007; Stillwater Commissioner, District No. 2, Still- County (07–06– NewsPress. water, 315 West Sixth Street, Suite 0679P). 203, Stillwater, OK 74074. Oklahoma: Tulsa ...... City of Sand November 15, 2007; Novem- The Honorable Robert L. Walker, Mayor, November 30, 2007 ...... 400211 Springs (07–06– ber 22, 2007; Tulsa World. City of Sand Springs, P.O. Box 338, 2114P). Sand Springs, OK 74063. Oklahoma: Tulsa ...... Unincorporated November 15, 2007; Novem- The Honorable Randi Miller, Chair, November 30, 2007 ...... 400462 areas of Tulsa ber 22, 2007; Tulsa World. Tulsa County Board of Commis- County (07–06– sioners, 500 South Denver Avenue, 2114P). Tulsa, OK 74103. Pennsylvania: Ches- Township of West November 15, 2007; Novem- The Honorable Robert White, Chairman, February 21, 2008 ...... 420293 ter. Goshen (07–03– ber 22, 2007; Daily Local Board of Supervisors, West Goshen 1259P). News. Township, 1025 Paoli Pike, West Chester, PA 19380–4699. Pennsylvania: Mont- Township of Lower November 8, 2007; November The Honorable Kurt G. Mayer, Presi- October 24, 2007 ...... 420702 gomery. Moreland (07–03– 15, 2007; The Globe. dent, Lower Moreland Township Com- 0583P). missioners, 640 Red Lion Road, Hun- tingdon Valley, PA 19006. Pennsylvania: Mont- Township of Plym- November 14, 2007; Novem- The Honorable Alexander Fazzini, Chair, February 20, 2008 ...... 420955 gomery. outh (07–03– ber 21, 2007; The Times Plymouth Township Council, 700 1103P). Herald. Belvoir Road, Plymouth Meeting, PA 19462. Puerto Rico: Puerto Commonwealth of November 15, 2007; Novem- The Honorable Anibal Acevedo-Vila, February 21, 2008 ...... 720000 Rico. Puerto Rico (07– ber 22, 2007; The San Juan Governor of Puerto Rico, P.O. Box 82, 02–0993P). Star. La Fortaleza, San Juan, PR 00901. South Carolina: Lex- Town of Springdale November 8, 2007; November The Honorable Pat G. Smith, Mayor, October 31, 2007 ...... 450138 ington. (07–04–5295P). 15, 2007; The Lexington Town of Springdale, 2915 Platt County Chronicle. Springs Road, Springdale, SC 29170. Texas: Collin ...... City of McKinney November 8, 2007; November The Honorable Bill Whitfield, Mayor, City February 14, 2008 ...... 480135 (07–06–1687P). 15, 2007; McKinney Cou- of McKinney, 222 North Tennessee rier-Gazette. Street, McKinney, TX 75069. Texas: Collin ...... City of Plano (07– November 8, 2007; November The Honorable Pat Evans, Mayor, City October 31, 2007 ...... 480140 06–0629P). 15, 2007; Plano Star Cou- of Plano, 1520 Avenue K, Plano, TX rier. 75074. Texas: Collin ...... Unincorporated November 8, 2007; November The Honorable Keith Self, Collin County February 14, 2008 ...... 480130 areas of Collin 15, 2007; McKinney Cou- Judge, Collin County Government County (07–06– rier-Gazette. Center, 210 South McDonald Street, 1687P). Suite 626, McKinney, TX 75069. Texas: Harris ...... Unincorporated November 15, 2007; Novem- The Honorable Ed Emmett, Harris Coun- February 20, 2008 ...... 480287 areas of Harris ber 22, 2007; Houston ty Judge, 1001 Preston, Suite 911, County (07–06– Chronicle. Houston, TX 77002. 1886P). Texas: Kendall ...... Unincorporated November 16, 2007; Novem- The Honorable Eddie John Vogt, Ken- November 29, 2007 ...... 480417 areas of Kendall ber 23, 2007; The Boerne dall County Judge, Kendall County County (07–06– Star. Courthouse, 201 East San Antonio 0875P). Street, Boerne, TX 78006. Texas: Tarrant ...... City of Arlington October 11, 2007; October 18, The Honorable Robert Cluck, Mayor, September 28, 2007 ...... 485454 (07–06–1545P). 2007; Arlington Star-Tele- City of Arlington, 101 West Abram gram. Street, Arlington, TX 76010. Texas: Tarrant ...... City of Benbrook November 8, 2007; November The Honorable Jerry Dittrich, Mayor, February 14, 2008 ...... 480586 (07–06–1254P). 15, 2007; Fort Worth Star- City of Benbrook, 911 Winscott Road, Telegram. Benbrook, TX 76126. Texas: Tarrant ...... City of Fort Worth November 8, 2007; November The Honorable Mike J. Moncrief, Mayor, February 14, 2008 ...... 480596 (07–06–1254P). 15, 2007; Fort Worth Star- City of Fort Worth, 1000 Throckmorton Telegram. Street, Fort Worth, TX 76102. Texas: Tarrant ...... City of Fort Worth November 8, 2007; November The Honorable Mike J. Moncrief, Mayor, February 14, 2008 ...... 480596 (07–06–1675P). 15, 2007; Fort Worth Star- City of Fort Worth, 1000 Throckmorton Telegram. Street, Fort Worth, TX 76102. Texas: Tarrant ...... City of Fort Worth November 8, 2007; November The Honorable Michael Moncrief, Mayor, February 14, 2008 ...... 480596 (07–06–2141P). 15, 2007; Fort Worth Star- City of Fort Worth, City Hall, 1000 Telegram. Throckmorton Street, Fort Worth, TX 76102. Texas: Tarrant ...... City of Fort Worth October 11, 2007; October 18, The Honorable Michael Moncrief, Mayor, January 17, 2008 ...... 480596 (07–06–2202P). 2007; Fort Worth Star-Tele- City of Fort Worth, City Hall, 1000 gram. Throckmorton Street, Fort Worth, TX 76102. Texas: Tarrant ...... Unincorporated November 8, 2007; November The Honorable Glen Whitley, Tarrant February 14, 2008 ...... 480582 areas of Tarrant 15, 2007; Fort Worth Star- County Judge, 100 East Weatherford County (07–06– Telegram. Street, Suite 501, Fort Worth, TX 1254P). 76196. Texas: Tarrant ...... Unincorporated November 8, 2007; November The Honorable Glen Whitley, Tarrant February 14, 2008 ...... 480582 areas of Tarrant 15, 2007; Fort Worth Star- County Judge, 100 East Weatherford County (07–06– Telegram. Street, Suite 501, Fort Worth, TX 2141P). 76196. Virginia: Montgomery Unincorporated November 8, 2007; November The Honorable Steve L. Spradlin, Chair, February 14, 2008 ...... 510099 areas of Mont- 15, 2007; Roanoke Times. Montgomery County Board of Super- gomery County visors, 1553 Oilwell Road, Blacksburg, (07–03–1077P). VA 24060. Virginia: Wise ...... Town of Wise (07– November 8, 2007; November The Honorable Clifton Carson, Mayor, February 14, 2008 ...... 510179 03–1197P). 15, 2007; The Coalfield Town of Wise, P.O. Box 1100, Wise, Progress. VA 24293.

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Wisconsin: Columbia City of Wisconsin November 14, 2007; Novem- The Honorable Eric Helland, Mayor, City November 30, 2007 ...... 550065 & Sauk. Dells (07–05– ber 21, 2007; Wisconsin of Wisconsin Dells, P.O. Box 655, 4282P). Dells Events. Wisconsin Dells, WI 53965. Wisconsin: Mil- City of West Allis November 1, 2007; November The Honorable Jeannette Bell, Mayor, October 18, 2007 ...... 550285 waukee. (07–05–4106P). 8, 2007; Milwaukee Journal City of West Allis, City Hall, Room Sentinel. 123, 7525 West Greenfield Avenue, West Allis, WI 53214. Wyoming: Sweet- City of Rock Springs September 22, 2007; Sep- The Honorable Timothy A. Kaumo, October 1, 2007 ...... 560051 water. (07–08–0796P). tember 27, 2007; Rock Mayor, City of Rock Springs, 212 D Springs Daily Rocket-Miner. Street, Rock Springs, WY 82901. Wyoming: Sweet- Unincorporated September 22, 2007; Sep- The Honorable Wally Johnson, Chair- October 1, 2007 ...... 560087 water. areas of Sweet- tember 27, 2007; Rock man, Sweetwater County, Board of water County Springs Daily Rocket-Miner. Commissioners, 80 West Flamingo (07–08–0796P). Gorge Way, Green River, WY 82935.

(Catalog of Federal Domestic Assistance No. Conservation and Management Act weather conditions, etc. This 97.022, ‘‘Flood Insurance.’’) (Magnuson-Stevens Act; 16 U.S.C. 1801 methodology results in recreational Dated: January 25, 2008. et seq.) governing the harvest of BFT by estimates, including LPS estimates and David I. Maurstad, persons and vessels subject to U.S. NC BFT Census Tagging Program data, Federal Insurance Administrator of the jurisdiction are found at 50 CFR part of 100.9 mt of school BFT, 256.3 mt of National Flood Insurance Program, 635. Section 635.27 subdivides the U.S. large school BFT, and 105.7 mt of small Department of Homeland Security, Federal BFT quota recommended by the medium BFT. Note that the final LPS Emergency Management Agency. International Commission for the estimates (in number of fish) indicate a [FR Doc. E8–2380 Filed 2–7–08; 8:45 am] Conservation of Atlantic Tunas (ICCAT) substantial overharvest of the large BILLING CODE 9110–12–P among the various domestic fishing school/small medium BFT subquota categories, per the allocations regardless of the reference time frame established in the Consolidated Highly selected for use of proxy mean weights DEPARTMENT OF COMMERCE Migratory Species Fishery Management to calculate the final recreational Plan (Consolidated HMS FMP) (71 FR landings (in tonnage). The estimated National Oceanic and Atmospheric 58058, October 2, 2006). landings of large school/small medium Administration The 2008 BFT fishing year began on BFT (362 mt) were more than twice the January 1, 2008, and ends December 31, allocated subquota for that size range 50 CFR Part 635 2008. The final 2008 BFT quota (144 mt). With total estimated recreational landings of 464.1 mt, the RIN 0648–XF39 specifications and effort controls were published on December 31, 2007 (72 FR total Angling category quota of 269.2 mt Atlantic Highly Migratory Species; 74193). These final specifications also has been exceeded. However, due Atlantic Bluefin Tuna Fisheries established an Angling category to the magnitude of the underharvest of retention limit of one school BFT (27 the total available quota (which, for AGENCY: National Marine Fisheries inches (68.6 cm) to less than 47 inches 2007, was 1,629 mt), no quota Service (NMFS), National Oceanic and (199.4 cm)), and two large school/small redistribution for the 2007 fishing year Atmospheric Administration (NOAA), medium BFT (i.e., two BFT measuring is necessary, nor is any adjustment of Commerce. 47 inches (119.4 cm) to less than 73 the Angling category quota for 2008. ACTION: Temporary rule; inseason inches (185.4 cm)) per vessel per day/ Specifically, total commercial and retention limit adjustment. trip. NMFS stated in the 2008 final recreational landings for the 2007 specifications and effort controls that fishing year were 656.7 mt, resulting in SUMMARY: NMFS has determined that adjustments to the 2008 Angling an underharvest of 997.5 mt, which the daily Highly Migratory Species category quotas and retention limits exceeds substantially the amount the (HMS) Angling category retention limits may be necessary once complete United States was allowed to carry for Atlantic bluefin tuna (BFT) should estimates from the Large Pelagics forward to the 2008 fishing year (i.e., be adjusted in order to prevent Survey (LPS) for the 2007 fishing year 595 mt, one half of the U.S. base quota). overharvest of the 2008 Angling were available. Despite the availability of overall category quota. Vessels permitted in the Final LPS 2007 fishing year estimates quota, it is necessary for NMFS to use HMS Angling and HMS Charter/ of the number of fish landed are now this best available information to take Headboat categories are eligible to land available, although mean weight prompt action to avoid overharvest in BFT under the HMS Angling category estimates for each size class will not be 2008, to remain in accordance with the quota. This action is being taken to meet available until late spring to calculate Consolidated HMS FMP and implement domestic management objectives for the total landings (weight) and for quota specifications, and address BFT fishery. comparison of landings to available concern for the biological impact of DATES: Effective February 11, 2008, subquotas. Pending availability of final overharvesting smaller size classes of through December 31, 2008. average weight calculations from the BFT on the stock, which is classified as FOR FURTHER INFORMATION CONTACT: 2007 fishing year, NMFS is proceeding overfished. Therefore, to reduce large Sarah McLaughlin, 978–281–9260. with use of the average of 2004–2006 school/small medium BFT landings for SUPPLEMENTARY INFORMATION: mean weights as proxies for 2007 mean 2008, NMFS is taking action through an Regulations implemented under the weights, to reflect recent fishery inseason retention limit adjustment, authority of the Atlantic Tunas conditions and reduce the effect of described below. Convention Act (16 U.S.C. 971 et seq.) inter-annual variability of fish size that Under § 635.23(b)(3), NMFS may and the Magnuson-Stevens Fishery may result from varying retention limits, increase or decrease the HMS Angling

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category daily retention limit based on provide prior notice of, and an SUMMARY: NMFS is prohibiting directed the criteria provided in § 635.27(a)(8). opportunity for public comment on, this fishing for Atka mackerel for vessels As discussed above, the determination action. LPS Angling category estimates participating in the Amendment 80 to adjust the retention limit is primarily and NC recreational census data, limited access fishery in the Eastern based on the catches of large school/ recently made available, indicate an Aleutian District and Bering Sea subarea small medium BFT in 2007 and the overharvest of the Angling category of the Bering Sea and Aleutian Islands likelihood of closure of that segment of quota in 2007, particularly the large management area (BSAI). This action is the fishery if no adjustment is made school/small medium BFT subquota. An necessary to prevent exceeding the A (§ 635.27(a)(8)(ii)), and the anticipated adjustment to the daily retention limit season allowance of the 2008 Atka availability of large school/small for large school/small medium BFT is mackerel allowable catch (TAC) medium BFT on the fishing grounds warranted. Delaying this action would specified for vessels participating in the § 635.27(a)(8)(ix). NMFS anticipates that be contrary to the public interest Amendment 80 limited access fishery in reduction of the retention limit for large because it could result in insufficient the Eastern Aleutian District and Bering school/small medium BFT will result in reduction of large school/small medium Sea subarea of the BSAI. landings during 2008 that would not BFT landings and could result in more DATES: Effective 1200 hrs, Alaska local exceed the available subquota (183.4 mt) restrictive actions being needed later in time (A.l.t.), February 5, 2008, through as set in the 2008 quota specifications the season (such as seasonal closures). 1200 hrs, A.l.t., September 1, 2008. (72 FR 74193, December 31, 2007). Further, for fishing trip planning FOR FURTHER INFORMATION CONTACT: Daily Retention Limits purposes, NMFS seeks to provide as much notice as possible about the Jennifer Hogan, 907–586–7228. Pursuant to this action and the final fishing regulations that will apply SUPPLEMENTARY INFORMATION: NMFS 2008 BFT specifications, noted above, during the active portion of the fishing manages the groundfish fishery in the the BFT daily retention limit per vessel year (beginning in late spring) so that BSAI exclusive economic zone for the HMS Angling category and the anglers and charter/headboat operators according to the Fishery Management HMS Charter/Headboat category (while can plan their fishing trips accordingly. Plan for Groundfish of the Bering Sea fishing recreationally) is one BFT Therefore, the AA finds good cause and Aleutian Islands Management Area measuring 27 inches (68.6 cm) to less under 5 U.S.C. 553(b)(B) to waive prior (FMP) prepared by the North Pacific than 47 inches (119.4 cm), and one BFT notice and the opportunity for public Fishery Management Council under measuring 47 inches (119.4 cm) to less comment. For all of the above reasons, authority of the Magnuson-Stevens than 73 inches (185.4 cm). In the case there is good cause under 5 U.S.C. Fishery Conservation and Management of multi-day trips, the daily limit 553(d) to waive the 30-day delay in Act. Regulations governing fishing by applies. This action does not change the effectiveness of this action. U.S. vessels in accordance with the FMP annual Angling category limit of one This action is being taken under 50 appear at subpart H of 50 CFR part 600 large medium or giant BFT (73 inches CFR 635.23(a)(4) and is exempt from and 50 CFR part 679. (185.4 cm) or greater) per vessel. review under Executive Order 12866. The A season allowance of the 2008 Monitoring and Reporting Authority: 16 U.S.C. 971 et seq. and 1801 Atka mackerel TAC allocated to vessels NMFS selected the daily retention et seq. participating in the Amendment 80 limit to apply for the remainder of 2008, Dated: February 5, 2008. limited access fishery in the Eastern or until changed, after examining Emily H. Menashes Aleutian District and Bering Sea subarea of the BSAI is 3,654 metric tons (mt) as current and previous fishing year catch Acting Director, Office of Sustainable and effort rates, taking into Fisheries, National Marine Fisheries Service. established by the 2007 and 2008 final harvest specifications for groundfish in consideration public comment on the [FR Doc. E8–2349 Filed 2–7–08; 8:45 am] the BSAI (72 FR 9451, March 2, 2007) annual specifications, and analyzing the BILLING CODE 3510–22–S available quota for the 2008 fishing year. and revision (72 FR 71802, December NMFS will continue to monitor the BFT 19, 2007). See § 679.20(a)(8)(ii)(A) and fishery closely through dealer landing DEPARTMENT OF COMMERCE § 679.91(c)(4). reports, the Automated Landings In accordance with § 679.20(d)(1)(i), Reporting System, state harvest tagging National Oceanic and Atmospheric the Administrator, Alaska Region, programs in North Carolina and Administration NMFS (Regional Administrator), has Maryland, and the LPS. Depending on determined that the A season allowance the level of fishing effort, NMFS may 50 CFR Part 679 of the 2008 Atka mackerel TAC allocated to vessels participating in the determine that additional retention limit [Docket No. 070213033–7033–01] adjustments are necessary prior to Amendment 80 limited access fishery in December 31, 2008. Closures or RIN 0648–XF52 the Eastern Aleutian District and Bering subsequent adjustments to the daily Sea subarea of the BSAI will soon be Fisheries of the Exclusive Economic retention limits, if any, will be reached. Therefore, the Regional Zone Off Alaska; Atka Mackerel by published in the Federal Register. In Administrator is establishing a directed Vessels in the Amendment 80 Limited addition, fishermen may call the fishing allowance of 3,644 mt and is Access Fishery in the Eastern Aleutian Atlantic Tunas Information Line at (888) setting aside the remaining 10 mt as District and Bering Sea Subarea of the 872–8862 or (978) 281–9260, or access incidental catch to support other Bering Sea and Aleutian Islands the internet at www.hmspermits.gov, for groundfish fisheries. In accordance with Management Area updates on quota monitoring and § 679.20(d)(1)(iii), the Regional retention limit adjustments. AGENCY: National Marine Fisheries Administrator finds that this directed fishing allowance has been reached. Classification Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Consequently, NMFS is prohibiting The Assistant Administrator for Commerce. directed fishing for Atka mackerel by NMFS (AA) finds that it is impracticable vessels participating in the Amendment ACTION: Temporary rule; closure. and contrary to the public interest to 80 limited access fishery in the Eastern

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Aleutian District and Bering Sea subarea impracticable and contrary to the public date of this action under 5 U.S.C. of the BSAI. interest. This requirement is 553(d)(3). This finding is based upon After the effective date of this closure impracticable and contrary to the public the reasons provided above for waiver of the maximum retainable amounts at interest as it would prevent NMFS from prior notice and opportunity for public § 679.20(e) and (f) apply at any time responding to the most recent fisheries comment. during a trip. data in a timely fashion and would This action is required by § 679.20 delay the closure of Atka mackerel by Classification vessels participating in the Amendment and § 679.91 and is exempt from review This action responds to the best 80 limited access fishery in the Eastern under Executive Order 12866. available information recently obtained Aleutian District and Bering Sea subarea Authority: 16 U.S.C. 1801 et seq. from the fishery. The Assistant of the BSAI. NMFS was unable to Dated: February 5, 2008. Administrator for Fisheries, NOAA, publish a notice providing time for (AA), finds good cause to waive the public comment because the most Emily H. Menashes requirement to provide prior notice and recent, relevant data only became Acting Director, Office of Sustainable opportunity for public comment available as of February 4, 2008. Fisheries, National Marine Fisheries Service. pursuant to the authority set forth at 5 The AA also finds good cause to [FR Doc. 08–567 Filed 2–5–08; 12:10 pm] U.S.C. 553(b)(B) as such requirement is waive the 30-day delay in the effective BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 73, No. 27

Friday, February 8, 2008

This section of the FEDERAL REGISTER • Mail: Send hardcopy written (B) the swine (including products from contains notices to the public of the proposed comments to Tess Butler, GIPSA, USDA, the swine) obtained by the person is issuance of rules and regulations. The 1400 Independence Avenue, SW., Room sold or shipped in commerce.’’ ((7 purpose of these notices is to give interested 1643–S, Washington, DC 20250–3604. U.S.C. 182 (12)) persons an opportunity to participate in the • Fax: Send comments by facsimile Adding swine contractors to specific rule making prior to the adoption of the final rules. transmission to: (202) 690–2173. regulations under the P&S Act will • Hand Delivery or Courier: Deliver assist swine contractors and swine comments to: Tess Butler, GIPSA, production contract growers with DEPARTMENT OF AGRICULTURE USDA, 1400 Independence Avenue, determining which regulations apply to SW., Room 1643–S, Washington, DC them. It will also make it easier for Grain Inspection, Packers and 20250–3604. GIPSA to identify potential violations Stockyards Administration • Federal e-Rulemaking Portal: Go to and enforce the provisions of the P&S http://www.regulation.gov. Follow the Act and regulations. 9 CFR Part 201 on-line instruction for submitting comments. Description of Proposed Changes RIN 0580–AB01 Instructions: All comments should We now propose to amend the Swine Contractors make reference to the date and page following regulations (9 CFR part 201) number of this issue of the Federal under the P&S Act to add the words AGENCY: Grain Inspection, Packers and Register. ‘‘swine contractors’’ to the list of those Stockyards Administration, USDA. Background Documents: Regulatory subject to the regulations: ACTION: Proposed rule. analyses and other documents relating • Section 201.53 Persons subject to to this action will be available for public the Act not to circulate misleading SUMMARY: We propose to add ‘‘swine inspection in Room 1643–S, 1400 reports about market conditions or contractors’’ to the list of regulated Independence Avenue, SW., prices. entities subject to specific regulations Washington, DC 20250–3604 during • Section 201.94 Information as to under the Packers and Stockyards Act regular business hours. business; furnishing of by packers, live (the P&S Act). In 2002, Congress added Read Comments: All comments will poultry dealers, stockyard owners, swine contractors as entities regulated be available for public inspection in the market agencies, and dealers. under the P&S Act. The specific above office during regular business • Section 201.95 Inspection of regulations we propose to amend hours (7 CFR 1.27(b)). Please call the business records and facilities. prohibit regulated entities from GIPSA Management Support Services • Section 201.96 Unauthorized circulating misleading reports about staff at (202) 720–7486 to arrange a disclosure of business information market conditions or prices. We also public inspection of comments. prohibited. propose to amend regulations that FOR FURTHER INFORMATION CONTACT: S. The proposed modification to address inspection of business records Brett Offutt, Director, Policy and § 201.53 would inform swine and facilities, information that regulated Litigation Division, P&SP, GIPSA, 1400 contractors that they are prohibited from entities are required to share with the Independence Ave., SW., Washington, knowingly making, issuing, or Secretary of Agriculture, and USDA’s DC 20250, (202) 720–7363, circulating false or misleading reports, responsibility to refrain from [email protected]. records, or representations about market unauthorized disclosure of that SUPPLEMENTARY INFORMATION: conditions, about prices, or about the information. The goal of these sale of livestock, meat, or live poultry. regulations is to ensure fairness in the Background The proposed modification to § 201.94 marketing of livestock, meat, and The Grain Inspection, Packers and would require swine contractors to poultry. Adding swine contractors to Stockyards Administration (GIPSA) furnish the Secretary or his duly specific regulations under the P&S Act enforces the Packers and Stockyards authorized representatives, if requested will assist swine contractors and swine (P&S) Act of 1921 (the P&S Act). Under by such representatives, with business production contract growers with authority granted the Secretary of information required in order to carry determining which regulations apply to Agriculture (Secretary) and delegated to out provisions of the P&S Act and them. Adding swine contractors to us, we are authorized (7 U.S.C. 228) to regulations in 9 CFR part 201. The specific regulations will also make it make those regulations necessary to proposed modification to § 201.95 easier for GIPSA to identify potential carry out the provisions of the P&S Act. would require swine contractors to violations and to enforce the provisions The Farm Security and Rural permit authorized representatives of the of the P&S Act and regulations. Investment Act of 2002 (Pub. L. 107– Secretary to enter their places of DATES: We will consider comments we 171) amended the P&S Act to define and business to examine and copy business receive by April 8, 2008. add ‘‘swine contractors’’ as a regulated records, and to inspect facilities. The ADDRESSES: We invite you to submit entity. A swine contractor is defined as proposed modification to § 201.96 comments on this proposed rule. You ‘‘any person engaged in the business of would prohibit agents or employees of may submit comments by any of the obtaining swine under a swine the United States from disclosing a following methods: production contract for the purpose of swine contractor’s business information • E-Mail: Send comments via slaughtering the swine or selling the without the consent of the swine electronic mail to swine for slaughter, if (A) the swine is contractor, except in the specific [email protected]. obtained by the person in commerce; or circumstances listed in § 201.96.

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Options Considered standards for small entities in the Small For the reasons set forth in the We considered not making these Business Administration Regulations preamble, we propose to amend 9 CFR regulatory changes and continuing to (13 CFR 121.201). A 2007 study of U.S. part 201 to read as follows: pork producers found that firms that protect the interests of swine producers PART 201—REGULATIONS UNDER indirectly through regulation of packers, market more than 50,000 head of swine per year account for nearly all of THE PACKERS AND STOCKYARDS dealers, and market agents. However, ACT that option would not reflect the intent contracted swine production in the U.S. of Congress in amending the P&S Act to In accordance with 5 U.S.C. 605 of the 1. The authority citation for part 201 give the Secretary authority over swine Regulatory Flexibility Act, we are not is revised to read as follows: providing an initial regulatory flexibility contractors. We have the authority and Authority: 7 U.S.C. 182, 222, and 228, and the responsibility to directly regulate analysis because this proposed rule, if 7 CFR 2.22 and 2.81. promulgated, will not have a significant swine contractors. We could also take 2. Revise § 201.53 to read as follows: legal action against a swine contractor economic impact on a substantial for alleged violations of the P&S Act number of small entities. § 201.53 Persons subject to the Act not to without amending the regulations. Small swine production contract circulate misleading reports about market However, that action would not clearly growers should benefit indirectly from conditions or prices. inform all swine contractors and swine the proposed amendments, which No packer, swine contractor, live production contract growers about the should provide fairness in the marketing poultry dealer, stockyard owner, market requirements that apply to swine of swine and swine products. agency, or dealer shall knowingly make, contractors. Issuing the proposed We have considered the effects of this issue, or circulate any false or regulations would make it clear to swine rulemaking action under the Regulatory misleading reports, records, or contractors and swine production Flexibility Act and we believe that it representation concerning the market contract growers which parts of the will not have a significant impact on a conditions or the prices or sale of any regulations apply to them, and would substantial number of small entities. We livestock, meat, or live poultry. make it easier for GIPSA to identify welcome comments on the cost of 3. Revise § 201.94 to revise the potential violators and to enforce compliance with this rule, and heading and to read as follows: provisions of the P&S Act. particularly on the impact of this proposed rule on small entities. We also § 201.94 Information as to business; Effects on Regulated Entities furnishing of by packers, swine contractors, welcome comments on alternatives to live poultry dealers, stockyard owners, If we implement these regulatory the proposed rule that could achieve the market agencies, and dealers. changes, swine contractors will have to same purpose with less cost or burden. Each packer, swine contractor, live open their business records and Executive Order 12988 poultry dealer, stockyard owner, market facilities to authorized representatives agency, and dealer, upon proper of GIPSA upon request. Some swine This proposed rule has been reviewed request, shall give to the Secretary or his contractors may have to change their under Executive Order 12988, Civil duly authorized representatives in policies to allow access and to Justice Reform. These actions are not writing or otherwise, and under oath or accommodate GIPSA representatives. intended to have retroactive effect. This affirmation if requested by such We are not requiring that new rule will not pre-empt state or local representatives, any information information or records be kept by swine laws, regulations, or policies, unless concerning the business of the packer, contractors, unless existing information they present an irreconcilable conflict swine contractor, live poultry dealer, or records are false or misleading about with this rule. There are no stockyard owner, market agency, or market conditions, prices, or sales of administrative procedures that must be dealer, or which may be required in livestock, meat, or live poultry. This exhausted prior to any judicial order to carry out the provisions of the proposed rule would give swine challenge to the provisions of this rule. Act and regulations in this part within contractors assurance that business Paperwork Reduction Act such reasonable time as may be information examined by GIPSA will be specified in the request for such kept confidential, except under specific This proposed rule does not contain information. circumstances. Furthermore, swine new or amended information collection 4. Revise § 201.95 to read as follows: production contract growers will be requirements subject to the Paperwork given increased assurance of fair Reduction Act of 1995 (44 U.S.C. 3501 § 201.95 Inspection of business records treatment by swine contractors. et seq.). It does not involve collection of and facilities. new or additional information by the Each stockyard owner, market agency, Executive Order 12866 and Regulatory federal government. dealer, packer, swine contractor, and Flexibility Act live poultry dealer, upon proper request, E-Government Act Compliance The Office of Management and Budget shall permit authorized representatives (OMB) has designated this rule as not GIPSA is committed to complying of the Secretary to enter its place of significant for the purposes of Executive with the E-Government Act, to promote business during normal business hours Order 12866. the use of the internet and other and to examine records pertaining to its We have determined that this information technologies to provide business subject to the Act, to make proposed rule will not have a significant increased opportunities for citizen copies thereof and to inspect the economic impact on a substantial access to Government information and facilities of such persons subject to the number of small entities as defined in services, and for other purposes. Act. Reasonable accommodations shall the Regulatory Flexibility Act (5 U.S.C. be made available to authorized List of Subjects in 9 CFR Part 201 601, et seq.). The proposed rule will representatives of the Secretary by the affect swine contractors. Most of these Confidential business information, stockyard owner, market agency, dealer, entities are slaughterers or processors of Reporting and recordkeeping packer, swine contractor, or live poultry swine with more than 500 employees requirements, Stockyards, Trade dealer for such examination of records and do not meet the applicable size practices. and inspection of facilities.

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5. Revise § 201.96 to read as follows: a new heat insulation blanket and new to an address listed under the cover plate on the left and right side ADDRESSES section. Include ‘‘Docket No. § 201.96 Unauthorized disclosure of engine struts. This proposed AD would FAA–2008–0147; Directorate Identifier business information prohibited. not retain the requirements of the 2007–NM–294–AD’’ at the beginning of No agent or employee of the United existing AD and would terminate the your comments. We specifically invite States shall, without the consent of the requirements of the existing AD. This comments on the overall regulatory, stockyard owner, market agency, dealer, proposed AD results from reports of economic, environmental, and energy packer, swine contractor, or live poultry damaged heat insulation blankets on the aspects of this proposed AD. We will dealer concerned, divulge or make engine struts. We are proposing this AD consider all comments received by the known in any manner, any facts or to prevent exposure of the lower surface closing date and may amend this information regarding the business of of the strut to extreme high proposed AD because of those such person acquired through any temperatures, consequent creation of a comments. examination or inspection of the source of fuel ignition, and increased We will post all comments we business or records of the stockyard risk of an uncontrollable fire and receive, without change, to http:// owner, market agency, dealer, packer, possible fuel tank explosion. www.regulations.gov, including any swine contractor, or live poultry dealer, DATES: We must receive comments on personal information you provide. We or through any information given by the this proposed AD by March 24, 2008. will also post a report summarizing each stockyard owner, market agency, dealer, substantive verbal contact we receive packer, swine contractor, or live poultry ADDRESSES: You may send comments by any of the following methods: about this proposed AD. dealer pursuant to the Act and • regulations, except to such other agents Federal eRulemaking Portal: Go to Discussion http://www.regulations.gov. Follow the or employees of the United States as On February 4, 1999, we issued AD instructions for submitting comments. may be required to have such 99–04–11, amendment 39–11035 (64 FR • Fax: 202–493–2251. knowledge in the regular course of their 6791, February 11, 1999), for certain • Mail: U.S. Department of official duties or except insofar as they Boeing Model 737–600, –700, and –800 Transportation, Docket Operations, M– may be directed by the Administrator or series airplanes. That AD requires 30, West Building Ground Floor, Room by a court of competent jurisdiction, or repetitive inspections to detect damage W12–140, 1200 New Jersey Avenue, SE., except as they may be otherwise of the aft strut insulation blanket. That required by law. Washington, DC 20590. • Hand Delivery: U.S. Department of AD also requires eventual replacement of the insulation blankets with new, James E. Link, Transportation, Docket Operations, M– improved blankets, which constitutes Administrator, Grain Inspection, Packers and 30, West Building Ground Floor, Room terminating action for the requirements Stockyards Administration. W12–140, 1200 New Jersey Avenue, SE., of that AD. That AD resulted from [FR Doc. E8–2376 Filed 2–7–08; 8:45 am] Washington, DC 20590, between 9 a.m. reports of damaged aft strut insulation BILLING CODE 3410–KD–P and 5 p.m., Monday through Friday, except Federal holidays. blankets. We issued that AD to prevent For service information identified in such damage, which could result in exposure of the lower surface of the DEPARTMENT OF TRANSPORTATION this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, strut to extreme high temperatures, consequent creation of a source of fuel Federal Aviation Administration Washington 98124–2207. ignition, and increased risk of an Examining the AD Docket uncontrollable fire and possible fuel 14 CFR Part 39 You may examine the AD docket on tank explosion. [Docket No. FAA–2008–0147; Directorate the Internet at http:// Actions Since Existing AD Was Issued Identifier 2007–NM–294–AD] www.regulations.gov; or in person at the Since we issued AD 99–04–11, we RIN 2120–AA64 Docket Management Facility between 9 a.m. and 5 p.m., Monday through have received reports of failures of the Airworthiness Directives; Boeing Friday, except Federal holidays. The AD insulation blankets that were installed Model 737–600, –700, –700C, –800, and docket contains this proposed AD, the in accordance with the requirements of –900 Series Airplanes, Equipped with regulatory evaluation, any comments that AD. A failed heat insulation blanket CFM56–7 Engines received, and other information. The might go undetected in that area. AGENCY: Federal Aviation street address for the Docket Office Relevant Service Information Administration (FAA), Department of (telephone 800–647–5527) is in the We have reviewed Boeing Special Transportation (DOT). ADDRESSES section. Comments will be Attention Service Bulletin 737–54– available in the AD docket shortly after ACTION: Notice of proposed rulemaking 1045, dated July 25, 2007. The service receipt. (NPRM). bulletin describes procedures for FOR FURTHER INFORMATION CONTACT: installing a new heat insulation blanket, SUMMARY: The FAA proposes to Kathrine Rask, Aerospace Engineer, P/N S315A213–57, and a new cover supersede an existing airworthiness Airframe Branch, ANM–120S, FAA, plate on the left and right side engine directive (AD) that applies to certain Seattle Aircraft Certification Office, struts. Accomplishing the actions Boeing Model 737–600, –700, and –800 1601 Lind Avenue, SW., Renton, specified in the service information is series airplanes. The existing AD Washington 98057–3356; telephone intended to adequately address the currently requires repetitive inspections (425) 917–6505; fax (425) 917–6590. unsafe condition. to detect damage of the aft strut SUPPLEMENTARY INFORMATION: insulation blanket, and eventual FAA’s Determination and Requirements replacement of the insulation blankets Comments Invited of the Proposed AD with new, improved blankets. This We invite you to send any written We have evaluated all pertinent proposed AD would add airplanes to the relevant data, views, or arguments about information and identified an unsafe applicability and require installation of this proposed AD. Send your comments condition that is likely to develop on

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other airplanes of the same type design. would also add Model 737–700C and This proposed AD would affect about For this reason, we are proposing this –900 series airplanes to the 740 airplanes of U.S. registry. The AD, which would supersede AD 99–04– applicability. following table provides the estimated 11 and require accomplishing the Costs of Compliance costs for U.S. operators to comply with actions specified in the service bulletin this proposed AD. The average labor described previously. This proposed AD There are about 2,148 airplanes of the rate is $80 per work hour. affected design in the worldwide fleet.

ESTIMATED COSTS

Cost per Action Work hours Parts airplane Fleet cost

Installation (new proposed action) ...... 4 $4,730 $5,050 $3,737,000

Authority for This Rulemaking for a location to examine the regulatory Compliance evaluation. Title 49 of the United States Code (e) You are responsible for having the specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 actions required by this AD performed within rules on aviation safety. Subtitle I, the compliance times specified, unless the Section 106, describes the authority of Air transportation, Aircraft, Aviation actions have already been done. the FAA Administrator. Subtitle VII, safety, Safety. Installation Aviation Programs, describes in more The Proposed Amendment (f) Within 60 months after the effective detail the scope of the Agency’s date of this AD, install a new heat insulation authority. Accordingly, under the authority blanket, P/N S315A213–57, and a new cover We are issuing this rulemaking under delegated to me by the Administrator, plate on the left and right side engine struts the authority described in Subtitle VII, the FAA proposes to amend 14 CFR part in accordance with the Accomplishment Part A, Subpart III, Section 44701, 39 as follows: Instructions of Boeing Special Attention ‘‘General requirements.’’ Under that Service Bulletin 737–54–1045, dated July 25, section, Congress charges the FAA with PART 39—AIRWORTHINESS 2007. promoting safe flight of civil aircraft in DIRECTIVES air commerce by prescribing regulations Parts Installation for practices, methods, and procedures 1. The authority citation for part 39 (g) As of the effective date of this AD, no the Administrator finds necessary for continues to read as follows: person may install a heat insulation blanket, safety in air commerce. This regulation Authority: 49 U.S.C. 106(g), 40113, 44701. P/N S315A213–42 or –47, on any airplane. is within the scope of that authority § 39.13 [Amended] Alternative Methods of Compliance because it addresses an unsafe condition (AMOCs) that is likely to exist or develop on 2. The Federal Aviation (h)(1) The Manager, Seattle Aircraft products identified in this rulemaking Administration (FAA) amends § 39.13 action. Certification Office (ACO), FAA, has the by removing amendment 39–11035 (64 authority to approve AMOCs for this AD, if Regulatory Findings FR 6791, February 11, 1999) and adding requested in accordance with the procedures the following new airworthiness found in 14 CFR 39.19. We have determined that this directive (AD): proposed AD would not have federalism (2) To request a different method of implications under Executive Order Boeing: Docket No. FAA–2008–0147; compliance or a different compliance time for this AD, follow the procedures in 14 CFR 13132. This proposed AD would not Directorate Identifier 2007–NM–294–AD. 39.19. Before using any approved AMOC on have a substantial direct effect on the Comments Due Date any airplane to which the AMOC applies, States, on the relationship between the (a) The FAA must receive comments on notify your appropriate principal inspector national Government and the States, or this AD action by March 24, 2008. (PI) in the FAA Flight Standards District on the distribution of power and Affected ADs Office (FSDO), or lacking a PI, your local responsibilities among the various FSDO. levels of government. (b) This AD supersedes AD 99–04–11. Issued in Renton, Washington, on January For the reasons discussed above, I Applicability 31, 2008. certify that the proposed regulation: (c) This AD applies to Boeing Model 737– Ali Bahrami, 1. Is not a ‘‘significant regulatory 600, –700, –700C, –800, and –900 series action’’ under Executive Order 12866; airplanes, certificated in any category, as Manager, Transport Airplane Directorate, 2. Is not a ‘‘significant rule’’ under the identified in Boeing Special Attention Aircraft Certification Service. DOT Regulatory Policies and Procedures Service Bulletin 737–54–1045, dated July 25, [FR Doc. E8–2351 Filed 2–7–08; 8:45 am] (44 FR 11034, February 26, 1979); and 2007. BILLING CODE 4910–13–P 3. Will not have a significant Unsafe Condition economic impact, positive or negative, on a substantial number of small entities (d) This AD results from reports of damaged heat insulation blankets on the under the criteria of the Regulatory engine struts. We are issuing this AD to Flexibility Act. prevent exposure of the lower surface of the We prepared a regulatory evaluation strut to extreme high temperatures, of the estimated costs to comply with consequent creation of a source of fuel this proposed AD and placed it in the ignition, and increased risk of uncontrollable AD docket. See the ADDRESSES section fire and possible fuel tank explosion.

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DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. The AD and consequently result in rapid docket contains this proposed AD, the decompression of the cabin. Federal Aviation Administration regulatory evaluation, any comments Relevant Service Information received, and other information. The 14 CFR Part 39 street address for the Docket Office We have reviewed Boeing Alert (telephone 800–647–5527) is in the Service Bulletin 747–53A2704, dated [Docket No. FAA–2008–0148; Directorate October 4, 2007. The service bulletin Identifier 2007–NM–299–AD] ADDRESSES section. Comments will be available in the AD docket shortly after describes procedures for doing a one- RIN 2120–AA64 receipt. time general visual inspection of certain fuselage skins at section 41 to find any FOR FURTHER INFORMATION CONTACT: Ivan Airworthiness Directives; Boeing external doublers that cover the Li, Aerospace Engineer, Airframe Model 747 Airplanes inspection area and to identify the Branch, ANM–120S, FAA, Seattle external doublers that end on a stringer AGENCY: Federal Aviation Aircraft Certification Office, 1601 Lind and those that do not; and related Administration (FAA), DOT. Avenue, SW., Renton, Washington investigative and corrective actions if ACTION: Notice of proposed rulemaking 98057–3356; telephone (425) 917–6437; necessary. The related investigative (NPRM). fax (425) 917–6590. actions include the following: SUPPLEMENTARY INFORMATION: • SUMMARY: We propose to adopt a new Removing any external doubler and airworthiness directive (AD) for all Comments Invited doing a one-time detailed inspection Boeing Model 747 airplanes. This and an open-hole high frequency eddy We invite you to send any written current (HFEC) inspection for any crack proposed AD would require a one-time relevant data, views, or arguments about inspection of certain fuselage skins at in the skin at the skin-to-stringer this proposed AD. Send your comments attachments, for an inspection area section 41 to find any external doublers to an address listed under the that cover the inspection areas and to where the skin-to-stringer attachment is ADDRESSES section. Include ‘‘Docket No. covered by an external doubler that identify the external doublers that end FAA–2008–0148; Directorate Identifier on a stringer and those that do not, and ends on a stringer in the inspection area. 2007–NM–299–AD’’ at the beginning of • Doing repetitive external HFEC related investigative and corrective your comments. We specifically invite actions if necessary. This proposed AD inspections for any crack in the skin at comments on the overall regulatory, the skin-to-stringer attachments, for an results from reports of cracks found at economic, environmental, and energy fastener locations in the fuselage skins inspection area where the skin-to- aspects of this proposed AD. We will stringer attachment is not covered by an at section 41. We are proposing this AD consider all comments received by the to detect and correct fuselage skin external doubler. closing date and may amend this For the one-time general visual cracks at fastener locations along the proposed AD because of those inspection, one-time detailed skin-to-stringer attachments, which comments. inspection, one-time open-hole HFEC could join together and become large We will post all comments we inspection, and the initial external and consequently result in rapid receive, without change, to http:// HFEC inspection, the service bulletin decompression of the cabin. www.regulations.gov, including any specifies a compliance time of 16,000 or DATES: We must receive comments on personal information you provide. We 25,000 total flight cycles depending on this proposed AD by March 24, 2008. will also post a report summarizing each the airplane configuration, or 2,000 ADDRESSES: You may send comments by substantive verbal contact we receive flight cycles after the date on the service any of the following methods: about this proposed AD. bulletin, whichever occurs later. The • Federal eRulemaking Portal: Go to Discussion service bulletin also specifies that if a http://www.regulations.gov. Follow the skin panel was replaced, the inspection instructions for submitting comments. We have received two reports of threshold for the affected area can be • Fax: 202–493–2251. cracks found at fastener locations in the calculated from the time it was • Mail: U.S. Department of fuselage skins at section 41. One replaced. For the repetitive external Transportation, Docket Operations, operator reported finding skin cracks at HFEC inspections, the service bulletin M–30, West Building, Ground Floor, a fastener location at stringer 5 (S–5) specifies a repeat interval of 3,000 flight Room W12–140, 1200 New Jersey near station (STA) 365, on a Model 747– cycles. Avenue, SE., Washington, DC 20590. 200F series airplane. These cracks were The corrective actions include • Hand Delivery: U.S. Department of found during incorporation of the skin repairing any crack found in an Transportation, Docket Operations, modification specified in Boeing Service inspection area, and installing a new M–30, West Building, Ground Floor, Bulletin 747–53–2272. The cracks were external doubler where any external Room W12–140, 1200 New Jersey 0.25 inch long and located on the doubler has been removed from the Avenue, SE., Washington, DC 20590, forward and aft side of the fastener hole. inspection area. The service bulletin between 9 a.m. and 5 p.m., Monday The airplane had accumulated 13,726 specifies accomplishing the corrective through Friday, except Federal holidays. total flight cycles. In the other report, actions before further flight. For service information identified in multiple skin cracks were found during this AD, contact Boeing Commercial Boeing Model 747–400 series airplane FAA’s Determination and Requirements Airplanes, P.O. Box 3707, Seattle, fatigue testing. That test article had of This Proposed AD Washington 98124–2207. accumulated 40,000 test cycles. The We are proposing this AD because we cracks were found at locations where evaluated all relevant information and Examining the AD Docket there are no internal doublers, at determined the unsafe condition You may examine the AD docket on stringers 10 and 13, and between STA described previously is likely to exist or the Internet at http:// 260 and STA 300. Fuselage skin cracks develop in other products of the(se) www.regulations.gov; or in person at the at fastener locations along the skin-to- same type design(s). This proposed AD Docket Management Facility between stringer attachments, if not corrected, would require accomplishing the 9 a.m. and 5 p.m., Monday through could join together and become large actions specified in the service

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information described previously, Aviation Programs,’’ describes in more Comments Due Date except as discussed under ‘‘Differences detail the scope of the Agency’s (a) We must receive comments by March Between the Proposed AD and Service authority. 24, 2008. Bulletin.’’ We are issuing this rulemaking under Affected ADs the authority described in ‘‘Subtitle VII, Differences Between Proposed AD and (b) None. Service Bulletin Part A, Subpart III, Section 44701: General requirements.’’ Under that Applicability Although Figure 19 of the service section, Congress charges the FAA with (c) This AD applies to all Boeing Model bulletin specifies doing a ‘‘detailed promoting safe flight of civil aircraft in 747–100, 747–100B, 747–100B SUD, 747– visual inspection’’ of the fastener holes, air commerce by prescribing regulations 200B, 747–200C, 747–200F, 747–300, 747– this proposed AD would require doing for practices, methods, and procedures 400, 747–400D, 747–400F, 747SR, and 747SP a ‘‘detailed inspection.’’ the Administrator finds necessary for series airplanes, certificated in any category. This proposed AD expands the safety in air commerce. This regulation Unsafe Condition inspection area at certain skin-to- is within the scope of that authority (d) This AD results from reports of cracks stringer attachments. In Figure 3 of the because it addresses an unsafe condition found at fastener locations in the fuselage service bulletin, S–5 and S–5A from that is likely to exist or develop on skins at section 41. We are issuing this AD STA 340 to STA 360 should be bold in products identified in this rulemaking to detect and correct fuselage skin cracks at the illustration to include those areas as action. fastener locations along the skin-to-stringer part of the recommended inspection attachments, which could join together and (similar to Figure 8 for the right side). Regulatory Findings become large and consequently result in rapid decompression of the cabin. Also, in Figure 15 of the service We determined that this proposed AD bulletin, S–14A from STA 200 to STA would not have federalism implications Compliance 220 should be bold in the illustration to under Executive Order 13132. This (e) Comply with this AD within the include that area as part of the proposed AD would not have a compliance times specified, unless already recommended inspection (similar to substantial direct effect on the States, on done. Figure 17 for the right side). Boeing is the relationship between the national Repetitive Inspections and Related aware of these discrepancies, concurs Government and the States, or on the Investigative/Corrective Actions with the changes, and has issued distribution of power and Information Notice (IN) 747–53A2704 (f) At the applicable compliance times responsibilities among the various specified in Tables 1 and 2 of paragraph 1.E. IN 01, dated December 19, 2007, to levels of government. of Boeing Alert Service Bulletin 747– inform operators of the errors. We have For the reasons discussed above, I 53A2704, dated October 4, 2007: Do a general included this information in paragraph certify this proposed regulation: visual inspection of the fuselage skins at (g) of this proposed AD. 1. Is not a ‘‘significant regulatory section 41 to find any external doublers that cover the inspection area and to identify the Clarification of Proposed Requirements action’’ under Executive Order 12866, external doublers that end on a stringer in the The service bulletin notes that, at 2. Is not a ‘‘significant rule’’ under the inspection area and those that do not, and do locations where external doublers exist DOT Regulatory Policies and Procedures all the related investigative and corrective that do not end on a stringer in the (44 FR 11034, February 26, 1979), and actions as applicable, by accomplishing all of inspection area, repetitive inspections of 3. Will not have a significant the applicable actions specified in the Accomplishment Instructions of the service the skin for cracking at critical rows of economic impact, positive or negative, on a substantial number of small entities bulletin, except as provided by paragraph (g) fasteners are required in accordance of this AD. Repeat the related investigative with Boeing Document Number D6– under the criteria of the Regulatory actions thereafter at the interval specified in 36181, ‘‘Repair Assessment Flexibility Act. Tables 1 and 2 of the service bulletin, as Guidelines—Model 747.’’ These You can find our regulatory applicable. inspections would not be required by evaluation and the estimated costs of Exceptions to the Service Bulletin this AD, since compliance is already compliance in the AD Docket. (g) Where Tables 1 and 2 of paragraph 1.E. required by sections 91.410, 121.370, List of Subjects in 14 CFR Part 39 of Boeing Alert Service Bulletin 747– 125.248, and 129.32 of the Federal 53A2704, dated October 4, 2007, specify Aviation Regulations (14 CFR 91.410, Air transportation, Aircraft, Aviation counting the compliance time from ‘‘*** 121.370, 125.248, and 129.32). safety, Safety. after the date on this service bulletin,’’ this The Proposed Amendment AD requires counting the compliance time Costs of Compliance from the effective date of this AD. Where We estimate that this proposed AD Accordingly, under the authority Figure 19 of the service bulletin specifies would affect 165 airplanes of U.S. delegated to me by the Administrator, doing a ‘‘detailed visual inspection’’ for any registry. We also estimate that it would the FAA proposes to amend 14 CFR part crack at fastener holes common to the take up to 64 work-hours per product to 39 as follows: stringer, this AD would require doing a detailed inspection. In Figure 3 of the service comply with this proposed AD. The PART 39—AIRWORTHINESS bulletin, also inspect the areas at stringer 5 average labor rate is $80 per work-hour. (S–5) and S–5A between station (STA) 340 Based on these figures, we estimate the DIRECTIVES and STA 360 (similar to Figure 8 for the right cost of this proposed AD to the U.S. 1. The authority citation for part 39 side). In Figure 15 of the service bulletin, also inspect the area at S–14A between STA 200 operators to be $844,800 or $5,120 per continues to read as follows: product. and STA 220 (similar to Figure 17 for the Authority: 49 U.S.C. 106(g), 40113, 44701. right side). Authority for This Rulemaking § 39.13 [Amended] Alternative Methods of Compliance Title 49 of the United States Code (AMOCs) 2. The FAA amends § 39.13 by adding specifies the FAA’s authority to issue (h)(1) The Manager, Seattle Aircraft rules on aviation safety. Subtitle I, the following new AD: Certification Office, FAA, ATTN: Ivan Li, section 106, describes the authority of Boeing: Docket No. FAA–2008–0148; Aerospace Engineer, Airframe Branch, ANM– the FAA Administrator. ‘‘Subtitle VII: Directorate Identifier 2007–NM–299–AD. 120S, 1601 Lind Avenue, SW., Renton,

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Washington 98057–3356; telephone (425) DATES: We must receive comments on www.regulations.gov, including any 917–6437; fax (425) 917–6590; has the this proposed AD by March 24, 2008. personal information you provide. We authority to approve AMOCs for this AD, if ADDRESSES: will also post a report summarizing each requested using the procedures found in 14 You may send comments by any of the following methods: substantive verbal contact we receive CFR 39.19. • (2) To request a different method of Federal eRulemaking Portal: Go to about this proposed AD. compliance or a different compliance time http://www.regulations.gov. Follow the Discussion for this AD, follow the procedures in 14 CFR instructions for submitting comments. 39.19. Before using any approved AMOC on • Fax: 202–493–2251. We have received a report of a any airplane to which the AMOC applies, • Mail: U.S. Department of separated hose assembly for the notify your appropriate principal inspector Transportation, Docket Operations, M– passenger water system. The hose (PI) in the FAA Flight Standards District 30, West Building Ground Floor, Room assembly supplies potable water Office (FSDO), or lacking a PI, your local W12–140, 1200 New Jersey Avenue, SE., through a 90-degree end fitting to FSDO. Lavatory ‘‘A.’’ The break occurred at the (3) An AMOC that provides an acceptable Washington, DC 20590. • Hand Delivery: U.S. Department of 90-degree end fitting when the elbow level of safety may be used for any repair separated at a soldered joint adjacent to required by this AD, if it is approved by an Transportation, Docket Operations, M– Authorized Representative for the Boeing 30, West Building Ground Floor, Room the hose assembly sleeve. The break was Commercial Airplanes Delegation Option W12–140, 1200 New Jersey Avenue, SE., located just above and inside the flight Authorization Organization who has been Washington, DC 20590, between 9 a.m. deck entry door, and resulted in water authorized by the Manager, Seattle ACO, to and 5 p.m., Monday through Friday, spilling into the flight deck ceiling, make those findings. For a repair method to except Federal holidays. which affected various radios and the be approved, the repair must meet the For service information identified in Aircraft Communications Addressing certification basis of the airplane, and the and Reporting System (ACARS) and approval must specifically refer to this AD. this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, caused them to become inoperative. Issued in Renton, Washington, on January Washington 98124–2207. These affected parts had to be replaced 31, 2008. due to water damage. An analysis of the Ali Bahrami, Examining the AD Docket broken hose assembly showed signs of Manager, Transport Airplane Directorate, You may examine the AD docket on previous small leaks. It was concluded Aircraft Certification Service. the Internet at http:// that an incompletely soldered joint [FR Doc. E8–2352 Filed 2–7–08; 8:45 am] www.regulations.gov; or in person at the failed and consequently separated. A BILLING CODE 4910–13–P Docket Management Facility between 9 broken hose assembly in this location, if a.m. and 5 p.m., Monday through not corrected, could leak into the flight Friday, except Federal holidays. The AD deck ceiling and result in an electrical DEPARTMENT OF TRANSPORTATION docket contains this proposed AD, the short and possible loss of several regulatory evaluation, any comments functions essential to safe flight. Federal Aviation Administration received, and other information. The Relevant Service Information street address for the Docket Office 14 CFR Part 39 (telephone 800–647–5527) is in the We have reviewed Boeing Alert ADDRESSES section. Comments will be Service Bulletin 737–38A1054, dated [Docket No. FAA–2008–0149; Directorate August 23, 2007. The service bulletin Identifier 2007–NM–319–AD] available in the AD docket shortly after receipt. describes procedures for replacing the existing straight-to-90-degree hose RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: assembly for the Lavatory ‘‘A’’ water Marcia Smith, Aerospace Engineer, Airworthiness Directives; Boeing supply. The replacement is a new Cabin Safety and Environmental Model 737–100, –200, –200C, –300, straight hose assembly and a separate Systems Branch, ANM–150S, FAA, –400, and –500 Series Airplanes 90-degree elbow fitting. Seattle Aircraft Certification Office, AGENCY: Federal Aviation 1601 Lind Avenue, SW., Renton, FAA’s Determination and Requirements Administration (FAA), DOT. Washington 98057–3356; telephone of This Proposed AD ACTION: Notice of proposed rulemaking (425) 917–6484; fax (425) 917–6590. We are proposing this AD because we (NPRM). SUPPLEMENTARY INFORMATION: evaluated all relevant information and Comments Invited determined the unsafe condition SUMMARY: We propose to adopt a new described previously is likely to exist or airworthiness directive (AD) for certain We invite you to send any written develop in other airplanes of the same Boeing Model 737–100, –200, –200C, relevant data, views, or arguments about type design. This proposed AD would –300, –400, and –500 series airplanes. this proposed AD. Send your comments require accomplishing the actions This proposed AD would require to an address listed under the specified in the service information replacing the existing straight-to-90- ADDRESSES section. Include ‘‘Docket No. described previously. degree hose assembly for the Lavatory FAA–2008–0149; Directorate Identifier ‘‘A’’ water supply. The replacement is a 2007–NM–319–AD’’ at the beginning of Costs of Compliance new straight hose assembly and a your comments. We specifically invite We estimate that this proposed AD separate 90-degree elbow fitting. This comments on the overall regulatory, would affect 779 airplanes of U.S. proposed AD results from a report of a economic, environmental, and energy registry. We also estimate that it would separated hose assembly for the aspects of this proposed AD. We will take between 4 and 7 work-hours per passenger water system. We are consider all comments received by the airplane to comply with this proposed proposing this AD to prevent a water closing date and may amend this AD, depending on the airplane leak into the flight deck ceiling, which proposed AD because of those configuration. The average labor rate is could result in an electrical short and comments. $80 per work-hour. Required parts possible loss of several functions We will post all comments we would cost about $400 per product. essential to safe flight. receive, without change, to http:// Based on these figures, we estimate the

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cost of this proposed AD to the U.S. For the reasons discussed above, I Affected ADs operators to be between $560,880 and certify this proposed regulation: (b) None. $747,840, or between $720 and $960 per 1. Is not a ‘‘significant regulatory product. action’’ under Executive Order 12866, Applicability 2. Is not a ‘‘significant rule’’ under the (c) This AD applies to Model 737–100, Authority for This Rulemaking DOT Regulatory Policies and Procedures –200, –200C, –300, –400, and –500 series Title 49 of the United States Code (44 FR 11034, February 26, 1979), and airplanes, certificated in any category; as specifies the FAA’s authority to issue 3. Will not have a significant identified in Boeing Alert Service Bulletin rules on aviation safety. Subtitle I, economic impact, positive or negative, 737–38A1054, dated August 23, 2007. section 106, describes the authority of on a substantial number of small entities Unsafe Condition the FAA Administrator. ‘‘Subtitle VII: under the criteria of the Regulatory Aviation Programs,’’ describes in more Flexibility Act. (d) This AD results from a report of a detail the scope of the Agency’s You can find our regulatory separated hose assembly for the passenger authority. evaluation and the estimated costs of water system. We are issuing this AD to prevent a water leak into the flight deck We are issuing this rulemaking under compliance in the AD Docket. the authority described in ‘‘Subtitle VII, ceiling, which could result in an electrical short and possible loss of several functions Part A, Subpart III, Section 44701: List of Subjects in 14 CFR Part 39 essential to safe flight. General requirements.’’ Under that Air transportation, Aircraft, Aviation section, Congress charges the FAA with safety, Safety. Compliance promoting safe flight of civil aircraft in The Proposed Amendment (e) Comply with this AD within the air commerce by prescribing regulations compliance times specified, unless already for practices, methods, and procedures Accordingly, under the authority done. the Administrator finds necessary for delegated to me by the Administrator, safety in air commerce. This regulation the FAA proposes to amend 14 CFR part Replacement is within the scope of that authority 39 as follows: (f) Within 60 months after the effective because it addresses an unsafe condition date of this AD, replace the existing straight- PART 39—AIRWORTHINESS that is likely to exist or develop on to-90-degree hose assembly for the Lavatory products identified in this rulemaking DIRECTIVES ‘‘A’’ water supply with a new straight hose action. 1. The authority citation for part 39 assembly and a separate 90-degree elbow fitting, in accordance with the continues to read as follows: Regulatory Findings Accomplishment Instructions of Boeing Alert We determined that this proposed AD Authority: 49 U.S.C. 106(g), 40113, 44701. Service Bulletin 737–38A1054, dated August 23, 2007. would not have federalism implications § 39.13 [Amended] under Executive Order 13132. This 2. The FAA amends § 39.13 by adding Parts Installation proposed AD would not have a the following new AD: (g) As of the effective date of this AD, any substantial direct effect on the States, on hose assembly part having a part number the relationship between the national Boeing: Docket No. FAA–2008–0149; Directorate Identifier 2007–NM–319–AD. identified in Table 1 of this AD must not be Government and the States, or on the used in any location that is subject to the distribution of power and Comments Due Date requirements of this AD. However, those responsibilities among the various (a) We must receive comments by March parts may be used in other locations if not levels of government. 24, 2008. otherwise prohibited.

TABLE 1.—SPARE PARTS PROHIBITED FOR THIS AD

Airplane group identified in Boeing Alert Service Bulletin 737–38A1054, dated August 23, 2007 Existing part Nos.

1 and 2 ...... 10–61998–430, AS4471–08–0401, or AS4471–08–0404. 3 ...... 10–61998–25 or 10–60871–125. 4 ...... 10–61998–31 or 10–60871–139.

Alternative Methods of Compliance Office (FSDO), or lacking a PI, your local DEPARTMENT OF TRANSPORTATION (AMOCs) FSDO. (h)(1) The Manager, Seattle Aircraft Issued in Renton, Washington, on January Federal Aviation Administration Certification Office (ACO), FAA, ATTN: 31, 2008. Marcia Smith, Aerospace Engineer, Cabin 14 CFR Part 39 Safety and Environmental Systems Branch, Ali Bahrami, ANM–150S, 1601 Lind Avenue, SW., Renton, Manager, Transport Airplane Directorate, [Docket No. FAA–2008–0151; Directorate Washington 98057–3356; telephone (425) Aircraft Certification Service. Identifier 2007–NM–347–AD] 917–6484; fax (425) 917–6590; has the [FR Doc. E8–2353 Filed 2–7–08; 8:45 am] authority to approve AMOCs for this AD, if BILLING CODE 4910–13–P RIN 2120–AA64 requested using the procedures found in 14 CFR 39.19. Airworthiness Directives; Boeing (2) To request a different method of Model 727 Airplanes compliance or a different compliance time for this AD, follow the procedures in 14 CFR AGENCY: Federal Aviation 39.19. Before using any approved AMOC on Administration (FAA), DOT. any airplane to which the AMOC applies, ACTION: Notice of proposed rulemaking notify your appropriate principal inspector (NPRM). (PI) in the FAA Flight Standards District

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SUMMARY: We propose to adopt a new Washington 98057–3356; telephone specifies repeating the inspections at airworthiness directive (AD) for all (425) 917–6577; fax (425) 917–6590. intervals not to exceed 24 months, 4,000 Boeing Model 727 airplanes. This SUPPLEMENTARY INFORMATION: flight hours, or 3,000 flight cycles, proposed AD would require repetitive whichever occurs first, until the repair inspections for any crack in the area of Comments Invited or modification specified in Part 3 of the the elevator side fitting/hinge fitting We invite you to send any written Accomplishment Instructions is done. joint and for any crack or elongation relevant data, views, or arguments about The service bulletin also describes inside and outside of the holes in the this proposed AD. Send your comments procedures for doing corrective actions clevis and in the lug, corrective actions to an address listed under the if necessary. The corrective actions, if necessary, and other specified actions. ADDRESSES section. Include ‘‘Docket No. which the service bulletin specifies This proposed AD results from reports FAA–2008–0151; Directorate Identifier doing before further flight, include the of elongated holes and cracks found in 2007–NM–347–AD’’ at the beginning of following actions: • the lugs of the attachment fittings of the your comments. We specifically invite Repairing the elevator side fittings elevator quadrant upper support comments on the overall regulatory, and hinge fittings as specified in Part 3 assembly at the tip of the vertical fin. economic, environmental, and energy of the Accomplishment Instructions if We are proposing this AD to detect and aspects of this proposed AD. We will any crack, or any hole diameter correct damage to the aft attachment consider all comments received by the elongation over 0.3203 inch, is found lugs of the elevator quadrant support closing date and may amend this during the inspections specified in Part assembly that could lead to failure of proposed AD because of those 2 of the service bulletin. The repair the lugs. This condition could accelerate comments. includes oversizing the holes, wear elsewhere in the elevator control We will post all comments we fabricating new bushings, installing and system, which could reduce the crew’s receive, without change, to http:// in-line reaming the fabricated bushings ability to maintain safe flight. www.regulations.gov, including any through the entire stack-up, and personal information you provide. We installing the elevator side fittings. DATES: We must receive comments on will also post a report summarizing each • Replacing the bushings with this proposed AD by March 24, 2008. substantive verbal contact we receive fabricated bushings if any hole diameter ADDRESSES: You may send comments by about this proposed AD. elongation over 0.3203 inch is found any of the following methods: during the inspections specified in Part • Federal eRulemaking Portal: Go to Discussion 4 of the Accomplishment Instructions of http://www.regulations.gov. Follow the We have received reports of elongated the service bulletin. instructions for submitting comments. holes or cracks found in the lugs of the • Contacting Boeing for repair • Fax: 202–493–2251. attachment fittings on three Boeing instructions if any damage is beyond the • Mail: U.S. Department of Model 727 airplanes. The attachment repair limits or any crack is found in the Transportation, Docket Operations, M– fittings are located on the left and right area of the elevator side fitting/hinge 30, West Building Ground Floor, Room sides of the elevator quadrant upper fitting joint, during any inspection W12–140, 1200 New Jersey Avenue, SE., support assembly at the tip of the specified in Part 2 or Part 4 of the Washington, DC 20590. vertical fin. In one incident, the lug was Accomplishment Instructions of the • Hand Delivery: U.S. Department of cracked completely through. The service bulletin. Transportation, Docket Operations, M– airplanes had accumulated between The service bulletin also describes 30, West Building Ground Floor, Room 28,385 and 72,448 total flight hours and procedures for doing other specified W12–140, 1200 New Jersey Avenue, SE., between 16,387 and 47,485 total flight actions, which include the following: Washington, DC 20590, between 9 a.m. cycles. Damage to the aft attachment • Either installing the elevator side and 5 p.m., Monday through Friday, lugs of the elevator quadrant support fittings and access panels and restoring except Federal holidays. assembly could lead to failure of the the cable tension, or modifying the For service information identified in lugs. This condition, if not corrected, elevator side fittings and hinge fittings, this AD, contact Boeing Commercial could accelerate wear elsewhere in the if all of the holes are found acceptable Airplanes, P.O. Box 3707, Seattle, elevator control system, which could during the inspections specified in Part Washington 98124–2207. reduce the crew’s ability to maintain 2 of the Accomplishment Instructions. Examining the AD Docket safe flight. The modification includes oversizing the holes, fabricating and installing new You may examine the AD docket on Relevant Service Information bushings, in-line reaming the fabricated the Internet at http:// We have reviewed Boeing Special bushings through the entire stack-up, www.regulations.gov; or in person at the Attention Service Bulletin 727–55– and installing the elevator side fittings. Docket Management Facility between 9 0092, dated June 4, 2007. Part 2 of the The service bulletin specifies that the a.m. and 5 p.m., Monday through Accomplishment Instructions of the modification must be done in Friday, except Federal holidays. The AD service bulletin describes procedures for conjunction with the Part 2 detailed and docket contains this proposed AD, the doing repetitive detailed inspections for HFEC inspections. regulatory evaluation, any comments any crack in the area of the elevator side • After the repair or modification received, and other information. The fitting/hinge fitting joint, repetitive specified in Part 3 of the street address for the Docket Office detailed inspections for elongation Accomplishment Instructions has been (telephone 800–647–5527) is in the inside and outside of the holes in the done, doing repetitive detailed ADDRESSES section. Comments will be clevis and in the lug, and high inspections for any crack in the area of available in the AD docket shortly after frequency eddy current (HFEC) the elevator side fitting/hinge fitting receipt. inspections for any crack inside and joint and repetitive detailed inspections FOR FURTHER INFORMATION CONTACT: outside of the holes in the clevis and in for elongation inside and outside of the Berhane Alazar, Aerospace Engineer, the lug. The service bulletin specifies holes in the clevis and in the lug as Airframe Branch, ANM–120S, FAA, doing these initial inspections within 18 specified in Part 4 of the Seattle Aircraft Certification Office, months of the date on the service Accomplishment Instructions. The 1601 Lind Avenue, SW., Renton, bulletin. The service bulletin also service bulletin specifies doing the

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initial inspections within 24,000 flight promoting safe flight of civil aircraft in 727–200F series airplanes, certificated in any hours or 16,000 flight cycles, whichever air commerce by prescribing regulations category. occurs first, after accomplishing the for practices, methods, and procedures Unsafe Condition repair or modification specified in Part the Administrator finds necessary for (d) This AD results from reports of 3 of the service bulletin. The service safety in air commerce. This regulation elongated holes and cracks found in the lugs bulletin also specifies repeating the is within the scope of that authority of the attachment fittings of the elevator inspections at intervals not to exceed because it addresses an unsafe condition quadrant upper support assembly at the tip 24,000 flight hours or 16,000 flight that is likely to exist or develop on of the vertical fin. We are issuing this AD to cycles, whichever occurs first. products identified in this rulemaking detect and correct damage to the aft action. attachment lugs of the elevator quadrant FAA’s Determination and Requirements support assembly that could lead to failure of of This Proposed AD Regulatory Findings the lugs. This condition could accelerate We are proposing this AD because we We determined that this proposed AD wear elsewhere in the elevator control system, which could reduce the crew’s evaluated all relevant information and would not have federalism implications ability to maintain safe flight. determined the unsafe condition under Executive Order 13132. This described previously is likely to exist or proposed AD would not have a Compliance develop in other products of the(se) substantial direct effect on the States, on (e) Comply with this AD within the same type design(s). This proposed AD the relationship between the national compliance times specified, unless already would require accomplishing the Government and the States, or on the done. actions specified in the service distribution of power and Repetitive Inspections and Corrective/Other information described previously, responsibilities among the various Specified Actions except as discussed under ‘‘Difference levels of government. (f) At the applicable compliance times between the Proposed AD and Service For the reasons discussed above, I specified in paragraph 1.E. of Boeing Special Bulletin.’’ certify this proposed regulation: Attention Service Bulletin 727–55–0092, 1. Is not a ‘‘significant regulatory dated June 4, 2007, except as provided by Difference Between the Proposed AD action’’ under Executive Order 12866, paragraph (g) of this AD: Do the detailed and Service Bulletin 2. Is not a ‘‘significant rule’’ under the inspection for any crack in the area of the The service bulletin specifies to DOT Regulatory Policies and Procedures elevator side fitting/hinge fitting joint, contact the manufacturer for (44 FR 11034, February 26, 1979), and detailed inspections for elongation inside 3. Will not have a significant and outside of the holes in the clevis and in instructions on how to repair certain the lug, and high frequency eddy current conditions, but this proposed AD would economic impact, positive or negative, (HFEC) inspections for any crack inside and require repairing those conditions in on a substantial number of small entities outside of the holes in the clevis and in the one of the following ways: under the criteria of the Regulatory lug, and do all the applicable corrective • Using a method that we approve; or Flexibility Act. actions and other specified actions, by • Using data that meet the You can find our regulatory accomplishing all of the applicable actions certification basis of the airplane, and evaluation and the estimated costs of specified in the Accomplishment that have been approved by an compliance in the AD Docket. Instructions of the service bulletin, except as Authorized Representative for the provided by paragraph (h) of this AD. Repeat List of Subjects in 14 CFR Part 39 the inspections thereafter at the applicable Boeing Commercial Airplanes intervals specified in paragraph 1.E. of the Delegation Option Authorization Air transportation, Aircraft, Aviation safety, Safety. service bulletin. Accomplishing the repair or Organization whom we have authorized modification specified in Part 3 of the service to make those findings. The Proposed Amendment bulletin only terminates the repetitive inspections specified in Part 2 of the service Costs of Compliance Accordingly, under the authority bulletin. delegated to me by the Administrator, We estimate that this proposed AD Exception to Compliance Times would affect 401 airplanes of U.S. the FAA proposes to amend 14 CFR part registry. We also estimate that it would 39 as follows: (g) Where Boeing Special Attention Service Bulletin 727–55–0092, dated June 4, 2007, take about 2 work-hours per product to PART 39—AIRWORTHINESS specifies counting the compliance time from comply with this proposed AD. The DIRECTIVES ‘‘* * * the date on this service bulletin,’’ this average labor rate is $80 per work-hour. AD requires counting the compliance time Based on these figures, we estimate the 1. The authority citation for part 39 from the effective date of this AD. cost of this proposed AD to the U.S. continues to read as follows: Exception to Corrective Actions operators to be $64,160 or $160 per Authority: 49 U.S.C. 106(g), 40113, 44701. product, per inspection cycle. (h) If any damage beyond the repair limits § 39.13 [Amended] or any crack is found in the area of the Authority for This Rulemaking elevator side fitting/hinge fitting joint during 2. The FAA amends § 39.13 by adding any inspection required by this AD, and Title 49 of the United States Code the following new AD: Boeing Special Attention Service Bulletin specifies the FAA’s authority to issue Boeing: Docket No. FAA–2008–0151; 727–55–0092, dated June 4, 2007, specifies to rules on aviation safety. Subtitle I, Directorate Identifier 2007–NM–347–AD. contact Boeing for appropriate action: Before section 106, describes the authority of further flight, repair the crack using a method the FAA Administrator. ‘‘Subtitle VII: Comments Due Date approved in accordance with the procedures Aviation Programs,’’ describes in more (a) We must receive comments by March specified in paragraph (i) of this AD. detail the scope of the Agency’s 24, 2008. Alternative Methods of Compliance authority. Affected ADs (AMOCs) We are issuing this rulemaking under (b) None. (i)(1) The Manager, Seattle Aircraft the authority described in ‘‘Subtitle VII, Certification Office, FAA, ATTN: Berhane Part A, Subpart III, Section 44701: Applicability Alazar, Aerospace Engineer, Airframe General requirements.’’ Under that (c) This AD applies to all Boeing Model Branch, ANM–120S, 1601 Lind Avenue, SW., section, Congress charges the FAA with 727, 727C, 727–100, 727–100C, 727–200, and Renton, Washington 98057–3356; telephone

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(425) 917–6577; fax (425) 917–6590; has the ADDRESSES: You may send comments by will also post a report summarizing each authority to approve AMOCs for this AD, if any of the following methods: substantive verbal contact we receive requested using the procedures found in 14 • Federal eRulemaking Portal: Go to about this proposed AD. CFR 39.19. http://www.regulations.gov. Follow the (2) To request a different method of Discussion compliance or a different compliance time instructions for submitting comments. • Fax: 202–493–2251. We have received two reports that the for this AD, follow the procedures in 14 CFR • left and right windshield wipers 39.19. Before using any approved AMOC on Mail: U.S. Department of any airplane to which the AMOC applies, Transportation, Docket Operations, M– stopped working in flight. In one notify your appropriate principal inspector 30, West Building Ground Floor, Room incident, the left and right windshield (PI) in the FAA Flight Standards District W12–140, 1200 New Jersey Avenue, SE., wiper motors stopped at the same time Office (FSDO), or lacking a PI, your local Washington, DC 20590. during a landing approach in wet FSDO. • Hand Delivery: U.S. Department of weather. Investigation revealed that the (3) An AMOC that provides an acceptable Transportation, Docket Operations, M– power converter module for the level of safety may be used for any repair windshield wipers was not properly required by this AD, if it is approved by an 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., soldered. Failure of the windshield Authorized Representative for the Boeing wipers in wet weather, if not corrected, Commercial Airplanes Delegation Option Washington, DC 20590, between 9 a.m. Authorization Organization who has been and 5 p.m., Monday through Friday, could result in decreased visibility for authorized by the Manager, Seattle ACO, to except Federal holidays. the flightcrew. make those findings. For a repair method to For service information identified in Other Related Rulemaking be approved, the repair must meet the this AD, contact Boeing Commercial On October 2, 2003, we issued AD certification basis of the airplane, and the Airplanes, P.O. Box 3707, Seattle, 2003–20–13, amendment 39–13331 (68 approval must specifically refer to this AD. Washington 98124–2207. Issued in Renton, Washington, on January FR 58268, October 9, 2003), applicable 31, 2008. Examining the AD Docket to certain Boeing Model 737–400, –500, –600, –700, and –800 series airplanes. Ali Bahrami, You may examine the AD docket on That AD requires either modification of Manager, Transport Airplane Directorate, the Internet at http:// the wiring to the windshield wiper Aircraft Certification Service. www.regulations.gov; or in person at the motors in the flight compartment or [FR Doc. E8–2354 Filed 2–7–08; 8:45 am] Docket Management Facility between 9 replacement of those windshield wiper BILLING CODE 4910–13–P a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD motor/converters with new motor/ docket contains this proposed AD, the converters. That AD resulted from DEPARTMENT OF TRANSPORTATION regulatory evaluation, any comments reports of the windshield motors received, and other information. The stalling during flight. We issued that AD Federal Aviation Administration street address for the Docket Office to prevent a reduction in flightcrew (telephone 800–647–5527) is in the visibility due to stalled wiper motors during heavy precipitation and a period 14 CFR Part 39 ADDRESSES section. Comments will be of substantial crew workload, which [Docket No. FAA–2008–0152; Directorate available in the AD docket shortly after receipt. could result in damage to the airplane Identifier 2007–NM–348–AD] structure and injury to flightcrew, FOR FURTHER INFORMATION CONTACT: Nick RIN 2120–AA64 passengers, or ground personnel during Wilson, Aerospace Engineer, Cabin final approach for landing. For certain Airworthiness Directives; Boeing Safety and Environmental Systems airplanes, accomplishing the Model 737–400, –500, –600, –700, Branch, ANM–150S, FAA, Seattle modification required by paragraph (b) –700C, –800, and –900 Series Airplanes Aircraft Certification Office, 1601 Lind of AD 2003–20–13 is acceptable for Avenue, SW., Renton, Washington compliance with certain requirements of AGENCY: Federal Aviation 98057–3356; telephone (425) 917–6476; this proposed AD. Administration (FAA), DOT. fax (425) 917–6590. ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: Relevant Service Information (NPRM). We have reviewed Boeing Service Comments Invited Bulletin 737–30A1057, Revision 1, SUMMARY: We propose to adopt a new We invite you to send any written dated October 31, 2007, for Model 737– airworthiness directive (AD) for certain relevant data, views, or arguments about 600, –700, –700C, –800, and –900 series Boeing Model 737–400, –500, –600, this proposed AD. Send your comments airplanes; and Boeing Alert Service –700, –700C, –800, and –900 series to an address listed under the Bulletin 737–30A1059, dated September airplanes. This proposed AD would ADDRESSES section. Include ‘‘Docket No. 10, 2007, for Model 737–400 and –500 require an inspection to determine the FAA–2008–0152; Directorate Identifier series airplanes. The service bulletins part and serial numbers of the 2007–NM–348–AD’’ at the beginning of describe procedures for looking at the windshield wiper motors for the pilot’s your comments. We specifically invite windshield wiper motors for the pilot’s and first officer’s windshields, and the comments on the overall regulatory, and first officer’s windshields to applicable corrective action. This economic, environmental, and energy determine the part number and serial proposed AD results from two reports aspects of this proposed AD. We will number of the windshield wiper motors, that the left and right windshield wipers consider all comments received by the and doing the applicable corrective stopped working in flight. We are closing date and may amend this action. The corrective actions include proposing this AD to prevent failure of proposed AD because of those the following: the windshield wipers in wet weather, comments. • Replacing the windshield wiper which could result in decreased We will post all comments we motor with an improved windshield visibility for the flightcrew. receive, without change, to http:// wiper motor if the part and serial DATES: We must receive comments on www.regulations.gov, including any numbers cannot be read, or if the part this proposed AD by March 24, 2008. personal information you provide. We and serial numbers are listed in

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Appendix A of Rosemount Aerospace because it addresses an unsafe condition Service Bulletin 737–30A1057, Revision 1, Service Bulletin 2313M–347/2313M– that is likely to exist or develop on dated October 31, 2007. 348–30–01, dated June 30, 2006, and the products identified in this rulemaking Unsafe Condition ‘‘Module Replacement Completed (Yes/ action. (d) This AD results from two reports that No)’’ column is marked ‘‘No.’’ (The part Regulatory Findings the left and right windshield wipers stopped number is identified as the model We determined that this proposed AD working in flight. We are issuing this AD to number in Appendix A of the prevent failure of the windshield wipers in Rosemount Aerospace service bulletin.) would not have federalism implications wet weather, which could result in decreased • Changing the part number if the under Executive Order 13132. This visibility for the flightcrew. part and serial numbers are not listed in proposed AD would not have a Appendix A of Rosemount Aerospace substantial direct effect on the States, on Compliance service bulletin, or if the part and serial the relationship between the national (e) Comply with this AD within the numbers are listed in Appendix A of Government and the States, or on the compliance times specified, unless already Rosemount Aerospace service bulletin distribution of power and done. and the ‘‘Module Replacement responsibilities among the various Inspection and Corrective Actions if Completed (Yes/No)’’ column is marked levels of government. Necessary For the reasons discussed above, I ‘‘Yes.’’ (f) Within 60 months after the effective certify this proposed regulation: The Boeing service bulletins refer to date of this AD, inspect to determine the part 1. Is not a ‘‘significant regulatory the Rosemount Aerospace service number and serial number of the windshield bulletin as an additional source of action’’ under Executive Order 12866, wiper motors for the pilot’s and first officer’s service information for determining 2. Is not a ‘‘significant rule’’ under the windshields, and do all the applicable whether the windshield wiper motor DOT Regulatory Policies and Procedures corrective actions, by accomplishing all of has been previously replaced and for (44 FR 11034, February 26, 1979), and the applicable actions specified in the changing the part number. 3. Will not have a significant Accomplishment Instructions of Boeing Alert economic impact, positive or negative, Service Bulletin 737–30A1059, dated FAA’s Determination and Requirements on a substantial number of small entities September 10, 2007 (for Model 737–400 and of This Proposed AD under the criteria of the Regulatory –500 series airplanes); or Boeing Service We are proposing this AD because we Flexibility Act. Bulletin 737–30A1057, Revision 1, dated evaluated all relevant information and You can find our regulatory October 31, 2007 (for Model 737–600, –700, determined the unsafe condition evaluation and the estimated costs of –700C, –800, and –900 series airplanes); as described previously is likely to exist or compliance in the AD Docket. applicable. A review of airplane maintenance records is acceptable in lieu of the inspection develop in other products of the(se) List of Subjects in 14 CFR Part 39 if the part number and serial number of the same type design(s). This proposed AD Air transportation, Aircraft, Aviation windshield wiper motors can be conclusively would require accomplishing the safety, Safety. determined from that review. actions specified in the service Note 1: The Boeing service bulletins refer information described previously. The Proposed Amendment to Rosemount Aerospace Service Bulletin Costs of Compliance Accordingly, under the authority 2313M–347/2313M–348–30–01, dated June delegated to me by the Administrator, 30, 2006, as an additional source of service We estimate that this proposed AD the FAA proposes to amend 14 CFR part information for determining whether the would affect 767 airplanes of U.S. 39 as follows: windshield wiper motor has been previously registry. We also estimate that it would replaced and for changing the part number. take about 1 work-hour per product to PART 39—AIRWORTHINESS comply with the proposed inspection. DIRECTIVES Credit for Modification Done According to The average labor rate is $80 per work- AD 2003–20–13 hour. Based on these figures, we 1. The authority citation for part 39 (g) For Model 737–400, –500, –600, –700, estimate the cost of this proposed AD to continues to read as follows: and –800 series airplanes: Accomplishing the the U.S. operators to be $61,360 or $80 Authority: 49 U.S.C. 106(g), 40113, 44701. modification required by paragraph (b) of AD per product. 2003–20–13, amendment 39–13331, is § 39.13 [Amended] acceptable for compliance with the Authority for This Rulemaking 2. The FAA amends § 39.13 by adding requirements of paragraph (f) of this AD, Title 49 of the United States Code the following new AD: provided that no Rosemount Aerospace windshield wiper motor having part number specifies the FAA’s authority to issue Boeing: Docket No. FAA–2008–0152; rules on aviation safety. Subtitle I, (P/N) 2313M–347–3 or P/N 2313M–348–3 Directorate Identifier 2007–NM–348–AD. has been installed. section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Comments Due Date Credit for Actions Done According to Aviation Programs,’’ describes in more (a) We must receive comments by March Previous Issue of Service Bulletin 24, 2008. detail the scope of the Agency’s (h) For Model 737–600, –700, –700C, –800, authority. Affected ADs and –900 series airplanes: Actions done We are issuing this rulemaking under (b) None. before the effective date of this AD in the authority described in ‘‘Subtitle VII, accordance with Boeing Alert Service Part A, Subpart III, Section 44701: Applicability Bulletin 737–30A1057, dated October 6, General requirements.’’ Under that (c) This AD applies to the Boeing airplanes 2006, are acceptable for compliance with the section, Congress charges the FAA with identified in paragraphs (c)(1) and (c)(2) of requirements of paragraph (f) of this AD. this AD, certificated in any category. promoting safe flight of civil aircraft in Parts Installation air commerce by prescribing regulations (1) Model 737–400 and –500 series airplanes as identified in Boeing Alert (i) As of the effective date of this AD, no for practices, methods, and procedures Service Bulletin 737–30A1059, dated person may install Rosemount Aerospace the Administrator finds necessary for September 10, 2007. windshield wiper motors having P/N safety in air commerce. This regulation (2) Model 737–600, –700, –700C, –800, and 2313M–347–3 or P/N 2313M–348–3 on any is within the scope of that authority –900 series airplanes as identified in Boeing airplane.

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Alternative Methods of Compliance airplane. This action is intended to • For each issue, state what specific (AMOCs) address the identified unsafe condition. change to the proposed AD is being (j)(1) The Manager, Seattle Aircraft DATES: Comments must be received by requested. Certification Office, FAA, ATTN: Nick • Include justification (e.g., reasons or March 4, 2008. Wilson, Aerospace Engineer, Cabin Safety data) for each request. and Environmental Systems Branch, ANM– ADDRESSES: Submit comments in Comments are specifically invited on 150S, 1601 Lind Avenue, SW., Renton, triplicate to the Federal Aviation the overall regulatory, economic, Washington 98057–3356; telephone (425) Administration (FAA), Transport environmental, and energy aspects of 917–6476; fax (425) 917–6590; has the Airplane Directorate, ANM–114, authority to approve AMOCs for this AD, if the proposed rule. All comments requested using the procedures found in 14 Attention: Rules Docket No. 2003–NM– submitted will be available, both before CFR 39.19. 33–AD, 1601 Lind Avenue, SW., and after the closing date for comments, (2) To request a different method of Renton, Washington 98057–3356. in the Rules Docket for examination by compliance or a different compliance time Comments may be inspected at this interested persons. A report for this AD, follow the procedures in 14 CFR location between 9 a.m. and 3 p.m., summarizing each FAA-public contact 39.19. Before using any approved AMOC on Monday through Friday, except Federal concerned with the substance of this any airplane to which the AMOC applies, holidays. Comments may be submitted proposal will be filed in the Rules notify your appropriate principal inspector via fax to (425) 227–1232. Comments Docket. (PI) in the FAA Flight Standards District may also be sent via the Internet using Commenters wishing the FAA to Office (FSDO), or lacking a PI, your local FSDO. the following address: 9-anm- acknowledge receipt of their comments [email protected]. Comments sent submitted in response to this action Issued in Renton, Washington, on January via fax or the Internet must contain must submit a self-addressed, stamped 31, 2008. ‘‘Docket No. 2003–NM–33–AD’’ in the postcard on which the following Ali Bahrami, subject line and need not be submitted statement is made: ‘‘Comments to Manager, Transport Airplane Directorate, in triplicate. Comments sent via the Docket Number 2003–NM–33–AD.’’ The Aircraft Certification Service. Internet as attached electronic files must postcard will be date stamped and [FR Doc. E8–2355 Filed 2–7–08; 8:45 am] be formatted in Microsoft Word 97 or returned to the commenter. BILLING CODE 4910–13–P 2000 or ASCII text. Availability of NPRMs The service information referenced in the proposed rule may be obtained from Any person may obtain a copy of this DEPARTMENT OF TRANSPORTATION Empresa Brasileira de Aeronautica S.A. NPRM by submitting a request to the FAA, Transport Airplane Directorate, Federal Aviation Administration (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. This ANM–114, Attention: Rules Docket No. 2003–NM–33–AD, 1601 Lind Avenue 14 CFR Part 39 information may be examined at the FAA, Transport Airplane Directorate, SW., Renton, Washington 98057–3356. [Docket No. 2003–NM–33–AD] 1601 Lind Avenue, SW., Renton, Discussion Washington. RIN 2120–AA64 A proposal to amend part 39 of the FOR FURTHER INFORMATION CONTACT: Federal Aviation Regulations (14 CFR Airworthiness Directives; Empresa Dan part 39) to add an airworthiness Brasileira de Aeronautica S.A. Rodina, Aerospace Engineer, directive (AD), applicable to all (EMBRAER) Model EMB–120, –120ER, International Branch, ANM–116, FAA, EMBRAER Model EMB–120 series –120FC, –120QC, and –120RT Transport Airplane Directorate, 1601 airplanes, was published as a notice of Airplanes Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2125; proposed rulemaking (NPRM) in the AGENCY: Federal Aviation fax (425) 227–1149. Federal Register on April 1, 2003 (68 FR 15684). That NPRM would have Administration, DOT. SUPPLEMENTARY INFORMATION: ACTION: Supplemental notice of required revising the airplane flight proposed rulemaking; reopening of Comments Invited manual to include operational limitations for use of the autopilot, and comment period. Interested persons are invited to installing two placards that advise the participate in the making of the SUMMARY: This document revises an flight crew to check the pitch trim proposed rule by submitting such earlier proposed airworthiness directive before descent. That NPRM was written data, views, or arguments as (AD), applicable to all EMBRAER Model prompted by pitch trim upsets during they may desire. Communications shall EMB–120 series airplanes, that would the autopilot-coupled descent phase of identify the Rules Docket number and have required revising the airplane flight, which have been attributed to be submitted in triplicate to the address flight manual to include operational jammed or frozen pitch trim actuators. specified above. All communications limitations for use of the autopilot, and That condition, if not corrected, could received on or before the closing date installing two placards that advise the result in reduced controllability of the for comments, specified above, will be flight crew to check the pitch trim airplane. before descent. This new action would considered before taking action on the retain the original requirements, but proposed rule. The proposals contained New Relevant Service Information with revised placard language. This new in this action may be changed in light The original NPRM cited EMBRAER action would also require modifying the of the comments received. Service Bulletin 120–25–0262, dated elevator trim system, which would Submit comments using the following October 15, 2001, and Change 01, dated terminate the requirements of the AD. format: September 3, 2002, as the appropriate The actions specified by this new • Organize comments issue-by-issue. sources of service information for proposed AD are intended to prevent For example, discuss a request to installing the placards. Since we issued pitch trim upsets if the pitch trim change the compliance time and a the original NPRM, EMBRAER revised actuators jam or freeze, which could request to change the service bulletin the service bulletin. Change 02, dated result in reduced controllability of the reference as two separate issues. October 30, 2003, recommends revised

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placard language that clarifies that the trim actuators. ALPA explains that pitch restored, continued use of the autopilot pitch trim system is to be checked only trim actuators have become did not result in any abnormal before the initial descent. mechanically jammed on other operation. EMBRAER has issued Service EMBRAER aircraft due to insufficient We disagree. When free pitch trim is Bulletins 120–27–0095 and 120–27– power available from the actuator. If the restored after jamming, the appropriate 0096, both dated February 16, 2007, cause of the jamming can be approach is to continue the flight which describe procedures for mechanical, ALPA requests that the manually without the autopilot and modifying the elevator trim system. FAA and the manufacturer identify a report the issue to maintenance, rather Service Bulletin 120–27–0095 describes means to preclude such a failure. than re-engaging the autopilot, so the procedures for replacing the elevator We agree. In this supplemental cause of the jam can be evaluated and trim tab actuators with new ones that NPRM, we consider the AFM revisions corrected before further use of the have been developed using corrosion- and placards to be interim solutions, autopilot. We have not changed the resistant internal materials and other and propose to also mandate the supplemental NPRM regarding this improvements, including a damper modifications described in Service issue. Bulletins 120–27–0095 and 120–27– coupled to one of the two actuators. Request To Revise AFM Normal 0096, which would terminate the Service Bulletin 120–27–0096 describes Procedures procedures for replacing some segments proposed requirements to revise the of the elevator trim tab control cables. AFM and install the placards. SkyWest reports that its EMB–120 The replacement segments have a SOP already includes an advisory to Assertion Regarding Jamming check the pitch trim before initiating a different diameter, and have been Conditions developed to contribute to the new descent if trim jamming is suspected. actuator dampening function specified The commenter, Thomas Kuhlman, The commenter requests that we revise in Service Bulletin 120–27–0095. states that the original NPRM apparently the original NPRM to include these Accomplishing the actions specified assumes that all or most of the jamming revised procedures in the descent in the service information is intended to occurs during cruise flight. Mr. checklist in the AFM’s normal adequately address the unsafe Kuhlman instead asserts, based on the procedures section. condition. The Ageˆncia Nacional de supportive data that accompany his We acknowledge that conducting Aviac¸a˜o Civil (ANAC), which is the comment, that the pitch trim actuator such checks whenever a trim system airworthiness authority for Brazil, jamming can and does occur when jam is suspected is a reasonable mandated the service information and moisture is present in freezing practice. But conducting such manual issued Brazilian airworthiness directive conditions. checks of the pitch trim system at every 2001–06–01R4, effective August 23, Although Mr. Kuhlman makes no flight before initial descent on autopilot 2007, to ensure the continued specific request regarding the original is a more effective approach because it airworthiness of these airplanes in NPRM’s proposed requirements, we will detect jamming before it is Brazil. agree with his rationale. When actuator suspected. We have not changed the internal frictions are within their supplemental NPRM regarding this Comments normal specified ranges, the system can issue. manage normal envelope load increases Due consideration has been given to Request To Revise Placard Language the comments received in response to attributed to events such as speed the original NPRM. variations and cold soak environment SkyWest asserts that the placard icing, so a jam attributable solely to a language proposed in the original Support for Original NPRM cold soak environment is unlikely. If NPRM, which specifies a check before SkyWest Airlines concurs with the contamination is gradually occurring any (all) descents, will compromise the proposed requirement to revise the inside the actuators, the proposed safe operation of Model EMB–120 Limitations section of the Collins APS– manual checks of the pitch trim systems airplanes. The commenter reports that it 65B Autopilot AFM Supplement. The on initial descent on every flight will is not unusual to level off at Air Line Pilots Association (ALPA) inform the flight crew of degraded intermediate altitudes four to eight concurs (conditionally, based on its system performance, and affected times during descent from cruise comments as discussed below) with the actuators would then be removed before altitude and approach, depending on proposed actions. they reach a condition that could lead cruise altitude, terminal area to a complete jam. In any event, as requirements, and type of approach. As Request for Appropriate Solution for stated previously, we have revised this a result, the proposed limitation would Mechanical Problem supplemental NPRM to require require the pilot to disconnect the ALPA asserts that the original NPRM modifications that will adequately autopilot during flight an equal number would implement an operational fix to address the commenter’s concerns. of times, including just before ILS glide address a mechanical problem, and slope intercept. The commenter requests requests that we revise the original Request To Allow Autopilot Re- that we change the proposed placard NPRM to adequately correct the unsafe Engagement Under Certain Conditions language to the following: ‘‘Perform condition. ALPA notes that the original SkyWest concurs with the proposed pitch trim system check prior to initial NPRM addresses pitch trim actuators requirement in the original NPRM to descent and anytime elevator trim that freeze in position when moisture revise the elevator trim jamming jamming is suspected.’’ According to the accumulates at colder temperatures. procedure specified in the flight commenter, limiting the checks in this ALPA requests that the FAA and controls failure paragraph of the AFM way would ensure that the check is EMBRAER identify the extent of water abnormal procedures section, but completed at least once per flight intrusion in this area and look into a requests that we allow the flight crew to (consistent with EMBRAER’s mechanical means to preclude the re-engage the autopilot once pitch trim recommendations from the 2002 World actuators from jamming. ALPA also is recovered. The commenter asserts Wide Operators Conference), but notes that the original NPRM does not that SkyWest’s experience suggests that, mandating a check before every descent identify the cause of the jammed pitch once normal elevator trim operation was would create a distraction,

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unnecessarily increase pilot workload, way would maintain the safety of the multiple system checks will assist in and compromise safety. fleet and still address the commenter’s reducing the possibility of a pitch We partially agree. EMBRAER has concern about potential pilot distraction oscillation event due to actuator revised the placard language to require during critical phases of flight. performance degradation. Since the trim system checks only before initial comment was submitted, we revised Request To Remove Placard descent. Manually checking the system this supplemental NPRM to add the Requirement: Inadequate Solution when jamming is suspected would be a modifications of the elevator trim natural reaction, so it is not necessary to The commenter, SkyWest Airlines, system, which will address the add the extra requested words to the states that merely installing the placards identified unsafe condition and placard. We have revised paragraph (c) as proposed in the original NPRM eliminate the need for the placards. in this supplemental NPRM to mandate would not adequately address the Change 02 of the service bulletin. Explanation of Additional Changes to problem of elevator trim jamming. The Original NPRM Request To Remove Placard commenter notes that this procedure Requirement: Potential Pilot Distraction would be inconsistent with its findings: We have revised the applicability In the 18 months before the original identified in the original NPRM to The commenter, Thomas Kuhlman, NPRM was issued, there were ten identify model designations as feels that the proposed requirement to incidents involving elevator trim published in the most recent type test the trim system before every descent jamming; of these, four occurred in the certificate data sheet for the affected could result in little effect, or even descent phase of flight, four occurred in models. decreased safety due to pilot distraction, the cruise phase of flight, and two during arrival procedures with multiple To correspond with the ANAC AD, occurred during climb to cruise altitude. descents. He also notes that most we have revised paragraph (b) of this precision approaches have a level flight The commenter concludes that advising supplemental NPRM to specify that the segment just before glide slope the flight crew to perform a pitch trim revised AFM language in that paragraph intercept. The AD as proposed would check only during descent will not also be included in the Normal require an elevator trim test at the prevent problems associated with pitch Procedures section (in addition to the critical glide slope intercept. upset. Limitations section) of the autopilot We infer the commenter wants us to We infer that the commenter wants us system supplement. remove the proposed requirement to to require revised procedures during Conclusion install the placards. We partially agree. other phases of flight. We partially We agree with the manufacturer’s agree. We agree that the pitch trim can Since certain changes described above recommendation to check the system jam during any phase of flight. But expand the scope of the originally manually before initial descent only. As while the data provided by SkyWest proposed rule, the FAA has determined we stated previously, the placard might reflect results for SkyWest, the that it is necessary to reopen the language has been revised in Change 02 fleet data suggest that most of the comment period to provide additional of Service Bulletin 120–25–0262, and in reported events occurred during the opportunity for public comment. corresponding paragraph (c) of this descent phase or during transition from Cost Impact supplemental NPRM, to clarify that cruise to descent. The possibility that a such checks are necessary only before pitch trim jam can occur during any The following table provides the the initial descent of every flight. flight phase does not render the estimated costs for U.S. operators to Limiting the number of checks in this proposed approach ineffective. The comply with this supplemental NPRM.

ESTIMATED COSTS

Number of Average Cost per U.S.- Action Work hours labor rate Parts product registered Fleet cost per hour airplanes

AFM revisions ...... 1 $80 $0 $80 103 $8,240 Placard installation...... 2 80 182 342 103 35,226 Actuator replacement ...... 7 80 16,670 17,230 103 1,774,690 Cable replacement...... 14 80 1,050 2,170 103 223,510

The cost impact figures discussed planning time, or time necessitated by ‘‘General requirements.’’ Under that above are based on assumptions that no other administrative actions. section, Congress charges the FAA with operator has yet accomplished any of Authority for This Rulemaking promoting safe flight of civil aircraft in the proposed requirements of this AD air commerce by prescribing regulations action, and that no operator would Title 49 of the United States Code for practices, methods, and procedures accomplish those actions in the future if specifies the FAA’s authority to issue the Administrator finds necessary for this proposed AD were not adopted. The rules on aviation safety. Subtitle I, safety in air commerce. This regulation cost impact figures discussed in AD Section 106, describes the authority of is within the scope of that authority rulemaking actions represent only the the FAA Administrator. Subtitle VII, because it addresses an unsafe condition time necessary to perform the specific Aviation Programs, describes in more that is likely to exist or develop on actions actually required by the AD. detail the scope of the Agency’s products identified in this rulemaking authority. These figures typically do not include action. incidental costs, such as the time We are issuing this rulemaking under required to gain access and close up, the authority described in Subtitle VII, Part A, Subpart III, Section 44701,

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Regulatory Impact contacting the Rules Docket at the Empresa Brasileira De Aeronautica S.A. The regulations proposed herein location provided under the caption (Embraer): Docket 2003–NM–33–AD. would not have a substantial direct ADDRESSES. Applicability: All Model EMB–120, effect on the States, on the relationship List of Subjects in 14 CFR Part 39 –120ER, –120FC, –120QC, and –120RT between the national Government and airplanes, certificated in any category. the States, or on the distribution of Air transportation, Aircraft, Aviation Compliance: Required as indicated, unless power and responsibilities among the safety, Safety. accomplished previously. various levels of government. Therefore, The Proposed Amendment To prevent pitch trim upsets if the pitch it is determined that this proposal trim actuators jam or freeze, which could Accordingly, pursuant to the result in reduced controllability of the would not have federalism implications authority delegated to me by the under Executive Order 13132. airplane, accomplish the following: Administrator, the Federal Aviation For the reasons discussed above, I Administration proposes to amend part Revision of Airplane Flight Manual (AFM): certify that this proposed regulation (1) AFM–120/794 is not a ‘‘significant regulatory action’’ 39 of the Federal Aviation Regulations (a) Within 100 flight hours after the under Executive Order 12866; (2) is not (14 CFR part 39) as follows: effective date of this AD, revise the FAA- a ‘‘significant rule’’ under the DOT PART 39—AIRWORTHINESS approved AFM, EMBRAER AFM–120/794, as Regulatory Policies and Procedures (44 DIRECTIVES specified in paragraphs (a)(1) and (a)(2) of FR 11034, February 26, 1979); and (3) if this AD. These actions may be accomplished 1. The authority citation for part 39 promulgated, will not have a significant by inserting a copy of this AD into the AFM. continues to read as follows: economic impact, positive or negative, (1) Revise the FLIGHT CONTROLS on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. FAILURES paragraph of the Abnormal under the criteria of the Regulatory Procedures section by replacing the existing § 39.13 [Amended] Flexibility Act. A copy of the draft ELEVATOR TRIM JAMMING procedure with regulatory evaluation prepared for this 2. Section 39.13 is amended by the following: action is contained in the Rules Docket. adding the following new airworthiness A copy of it may be obtained by directive:

‘‘ELEVATOR TRIM JAMMING Control Wheel ...... Hold Firmly. Autopilot ...... Disengage. Airspeed ...... Reduce. NOTE: Minimum airspeed with flap 0 °—160 KIAS Pitch trim command ...... Check all switches and elevator trim wheel. If pitch trim is recovered: Re-trim the airplane and continue the flight with the autopilot disengaged, not exceeding the airspeed when the trim was recovered. If pitch trim is not recovered: Land at the nearest suitable airport. Approach and landing configuration: Landing gear ...... Down. Flaps ...... 25. Airspeed ...... Vref25. CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.’’ (2) Revise the Normal Procedures section of the AFM, after the current checklist item for activating the FASTEN BELTS switch, by insert- ing the following: ‘‘PITCH TRIM SYSTEM CHECK Control Wheel ...... Hold firmly. Autopilot ...... Disengage. Power Levers ...... As required. Elevator Trim Wheels ...... As required. CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED DESCENT ATTITUDE. If any trim system binding (if trim wheel rotates more than one trim wheel index mark after being released), or abnormal trim operation is observed: Elevator Trim Jamming Procedure ...... Perform. CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT. If no abnormal trim operation is observed: Flight Director Vertical Mode ...... As required. Autopilot ...... Reengage.’’

AFM Revision: Collins APS–65B Autopilot the Limitations section of the Collins APS– inserting a copy of this AD into the AFM AFM Supplement 65B Autopilot System Supplement to include Supplement): (b) Concurrently with the AFM revisions the following (this may be accomplished by required by paragraph (a) of this AD, revise

‘‘(1) The autopilot must not be used during descent unless a trim check has been performed successfully prior to descent, as follows: PITCH TRIM SYSTEM CHECK Control Wheel ...... Hold firmly.

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Autopilot ...... Disengage. Power Levers ...... As required. Elevator Trim Wheels ...... As required. CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED DESCENT ATTITUDE. If any trim system binding (if trim wheel rotates more than one trim wheel index mark after being released), or abnormal trim operation is observed: Elevator Trim Jamming Procedure ...... Perform. CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT. If no abnormal trim operation is observed: Flight Director Vertical Mode ...... As required. Autopilot ...... Reengage. ‘‘(2) If an elevator trim jamming is detected during flight and the pitch trim system resumes normal operation on ground, only a ferry flight using a special permit may be performed to return the aircraft to a maintenance base for replacement of the actuators. In this case, the use of autopilot is prohibited.’’

Placard Installation Office (FSDO), or lacking a PI, your local Federal Register. See section VIII of the (c) Within 300 flight hours after the FSDO. SUPPLEMENTARY INFORMATION section of effective date of this AD, install two placards Note 1: The subject of this AD is addressed the preamble for further information on the glareshield, advising the flight crew to in Brazilian airworthiness directive 2001–06– about the effective date. check the pitch trim before initial descent, in 01R4, effective August 23, 2007. ADDRESSES: You may submit comments, accordance with Part II of the Accomplishment Instructions of EMBRAER Issued in Renton, Washington, on February identified by Docket No. 2007N–0484, Service Bulletin 120–25–0262, Change 02, 1, 2008. by any of the following methods: dated October 30, 2003. Ali Bahrami, Electronic Submissions Elevator Trim System Modification Manager, Transport Airplane Directorate, Aircraft Certification Service. Submit electronic comments in the (d) Within 36 months after the effective [FR Doc. E8–2356 Filed 2–7–08; 8:45 am] following way: date of this AD, modify the elevator trim • Federal eRulemaking Portal: http:// system, in accordance with the BILLING CODE 4910–13–P www.regulations.gov. Follow the Accomplishment Instructions of EMBRAER instructions for submitting comments. Service Bulletin 120–27–0095 and 120–27– 0096, both dated February 16, 2007. DEPARTMENT OF HEALTH AND Written Submissions Accomplishment of the modification HUMAN SERVICES terminates the requirements of paragraphs Submit written submissions in the followings ways: (a), (b), and (c) of this AD, and the Food and Drug Administration • corresponding AFM revisions and placards FAX: 301–827–6870. may be removed. • Mail/Hand delivery/Courier (For 21 CFR Part 880 paper, disk, or CD-ROM submissions): Parts Installation [Docket No. 2007N–0484] Division of Dockets Management (HFA– (e) As of 36 months after the effective date 305), Food and Drug Administration, of this AD, no person may install, on any Devices: General Hospital and 5630 Fishers Lane, rm. 1061, Rockville, airplane, an elevator trim tab actuator or MD 20852. control cable having a part number identified Personal Use Devices; Reclassification in Table 1 of this AD. of Medical Device Data System To ensure more timely processing of comments, FDA is no longer accepting AGENCY: Food and Drug Administration, TABLE 1.—PROHIBITED PARTS comments submitted to the agency by e- HHS. mail. FDA encourages you to continue Part Part No. ACTION: Proposed rule. to submit electronic comments by using the Federal eRulemaking Portal or the Elevator trim tab actuator .. 120–19685–001 SUMMARY: The Food and Drug agency Web site, as described 120–19685–003 Administration (FDA) is proposing to previously, in the ADDRESSES portion of 120–19685–007 reclassify, on its own initiative, the this document under Electronic 120–38650–001 Medical Device Data System (MDDS) Submissions. 120–39205–001 from class III (premarket approval) to Instructions: All submissions received 5299 class I (general controls). This action must include the agency name and 5299–1 does not include medical device data Control cable ...... 120–27729–095 Docket No.(s) and Regulatory 120–27729–097 systems with new diagnostic or alarm Information Number (RIN) (if a RIN 120–31370–095 functions. FDA is also proposing that number has been assigned) for this 120–31370–097 the MDDS be exempt from the rulemaking. All comments received may premarket notification requirements be posted without change to http:// Alternative Methods of Compliance when it is indicated for use only by a www.regulations.gov, including any (f)(1) The Manager, International Branch, healthcare professional and does not personal information provided. For ANM–116, Transport Airplane Directorate, perform irreversible data compression. additional information on submitting FAA, has the authority to approve AMOCs DATES: Submit written or electronic comments, see the ‘‘Comments’’ heading for this AD, if requested in accordance with comments on the proposed rule by May of the SUPPLEMENTARY INFORMATION the procedures found in 14 CFR 39.19. 8, 2008. Submit comments regarding section of this document. (2) To request a different method of information collection by March 10, Docket: For access to the docket to compliance or a different compliance time for this AD, follow the procedures in 14 CFR 2008, to the Office of Management and read background documents or 39.19. Before using any approved AMOC on Budget (OMB) (see ADDRESSES). FDA comments received, go to http:// any airplane to which the AMOC applies, proposes that any final regulation based www.regulations.gov and insert the notify your appropriate principal inspector on this proposal become effective 60 docket number(s), found in brackets in (PI) in the FAA Flight Standards District days after its date of publication in the the heading of this document, into the

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‘‘Search’’ box and follow the prompts section 510(k) of the act (21 U.S.C. exponentially. In addition, device and/or go to the Division of Dockets 360(k)) and part 807 of the regulations interconnectivity and complexity have Management, 5630 Fishers Lane, rm. (21 CFR part 807). grown in ways that could not have been 1061, Rockville, MD 20852. Reclassification of postamendment predicted in 1989. This growth and Information Collection Provisions: devices is governed by section 513(f)(3) expansion have created new Submit written comments on the of the act, formerly section 513(f)(2) of considerations for elements of risk that information collection provisions to the the act. This section provides that FDA did not previously exist. FDA realized Office of Information and Regulatory may initiate the reclassification of a that the Draft Software Policy was not Affairs, OMB. To ensure that comments device classified into class III under adequate to address all of the issues on the information collection are section 513(f)(1) of the act, or the related to the regulation of computer- received, OMB recommends that written manufacturer or importer of a device based and software-based medical comments be faxed to the Office of may petition the Secretary of Health and devices. Based on this history and the Information and Regulatory Affairs, Human Services for the issuance of an complexity and diversity of computer OMB, Attn: FDA Desk Officer, FAX: order classifying the device in class I or software, FDA decided it would be 202–395–6974. class II. FDA’s regulations in 21 CFR impractical to prepare one ‘‘software’’ or FOR FURTHER INFORMATION CONTACT: 860.134 set forth the procedures for the ‘‘computer’’ policy that would be able to Anthony D. Watson, Center for Devices filing and review of a petition for address all the issues related to the and Radiological Health (HFZ–480), reclassification of such class III devices. regulation of computer- and software- Food and Drug Administration, 9200 In order to change the classification of based medical devices. Nonetheless, the Corporate Blvd., Rockville, MD 20850, the device, it is necessary that the principle that the level of FDA oversight proposed new classification have 240–276–3700. of software should depend primarily on sufficient regulatory controls to provide SUPPLEMENTARY INFORMATION: the risk to the patient should the reasonable assurance of the safety and software fail to perform in accordance I. Background (Regulatory Authorities) effectiveness of the device for its with its specifications remains intended use. important. Many software classifications The Federal Food, Drug, and Cosmetic FDAMA added section 510(l) to the Act (the act) (21 U.S.C. 301 et seq.), as reflect this principle, including: act. Section 510(l) of the act provides • FDA has classified software used in amended by the Medical Device that a class I device is exempt from the computer aided detection of cancerous Amendments of 1976 (the 1976 premarket notification requirements lesions in the breast in class III; amendments) (Public Law 94–295), the under section 510(k) of the act, unless • FDA has classified software used in Safe Medical Devices Act of 1990 the device is intended for a use which computer tomography (CT) and X-ray (SMDA) (Public Law 101–629), and the is of substantial importance in Food and Drug Administration preventing impairment of human health systems to provide images to assist in Modernization Act of 1997 (FDAMA) clinical decisionmaking in class II; and or it presents a potential unreasonable • (Public Law 105–115), established a risk of illness or injury. FDA refers to FDA has classified laboratory comprehensive system for the regulation the criteria that designate a class I information systems in class I. of medical devices intended for human device as not exempt from premarket This principle also informs this use. Section 513(a)(1) of the act (21 notification as ‘‘reserved criteria.’’ An proposed reclassification, in which FDA U.S.C. 360c) established three categories exemption permits manufacturers to is focusing on a category of post (classes) of devices, depending on the introduce into commercial distribution amendment computer- and software- regulatory controls needed to provide generic types of devices without first based devices that present a low risk reasonable assurance of their safety and submitting a premarket notification to and should not be subject to premarket effectiveness. The three categories of FDA. review that have not been classified devices are: elsewhere. An examination of modern • Class I (general controls), II. Regulatory History of the Device medical device networks and computer • Class II (special controls), and Computer-based and software-based infrastructure helped FDA to identify a • Class III (premarket approval). products are subject to regulation as category of computer based and FDA refers to devices that were in devices when they meet the definition software products that meet the commercial distribution before May 28, of a device contained in section 201(h) definition of a device, which the FDA 1976 (the date of enactment of the 1976 of the act (21 U.S.C. 321(h)). In 1989, would consider to pose minimal risks, amendments), as ‘‘preamendment FDA prepared a general policy and that should not be Class III and devices.’’ FDA classifies these devices statement on how it planned to should not require premarket after it: determine whether a computer-based submission. This medical device has 1. Receives a recommendation from a product and/or software based product been named a ‘‘Medical Device Data device classification panel (an FDA is a device and, if so, how FDA intended System.’’ advisory committee); to regulate it. This document became III. Device Description 2. Publishes the panel’s known as the ‘‘Draft Software Policy.’’ recommendation for comment, along The scope and intention of the 1989 A medical device data system (MDDS) with a proposed regulation classifying policy were based on the existing state is a device intended to provide one or the device; and of computer and software technology at more of the following uses: 3. Publishes a final regulation that time. That policy included the • The electronic transfer or exchange classifying the device. principle that the level of FDA oversight of medical device data from a medical FDA has classified most of software should depend primarily on device, without altering the function or preamendments devices under these the risk to the patient should the parameters of any connected devices. procedures. software fail to perform in accordance For example, this would include The agency determines whether new with its specifications. software that interrogates a ventilator devices are substantially equivalent to Since 1989, the use of computer-based every 15 minutes and transfers predicate devices by means of products and software-based products information about patient CO2 levels to premarket notification procedures in as medical devices has grown a central patient data repository;

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• The electronic storage and retrieval effects, such as audits of records and Medical Device Data System be of medical device data, without altering multiple-person checks of paperwork reclassified from class III to class I. In the function or parameters of connected prior to treatments. These facilities have addition, FDA is proposing that when devices. For example, this would also introduced electronic systems to the device is indicated for use only by include software that stores historical help reduce the human element in these a healthcare professional and does not blood pressure information for later errors. However, when data are being perform irreversible data compression, review by a healthcare provider; stored, retrieved, transferred, in accordance with section 510(l) of the • The electronic display of medical exchanged, or displayed electronically, act (21 U.S.C. 360(l)), it would be device data, without altering the an additional element of risk is exempt from the premarket notification function or parameters of connected introduced. This element of risk would procedures in subpart E of part 807, devices. For example, this would not be present for a manual transfer of subject to the limitations in § 880.9 (21 include software that displays the files or information because the CFR 880.9). For purposes of this previously stored electrocardiogram for information is readily apparent to the regulation, ‘‘healthcare professional’’ is a particular patient; healthcare provider. any practitioner licensed by the law of • The electronic conversion of When manual data is converted to the State in which he or she practices medical device data from one format to electronic form, data can be altered in to use or order the use of the device. another format in accordance with a such a way as to not be transparent to When the device is indicated for use by preset specification. For example, this the user and pose a risk to the patient. a lay user, or performs irreversible data would include software that converts In effect, even though manual functions compression, FDA believes that the digital data generated by a pulse have their risks (e.g., illegible device presents a potential for oximeter into a digital format that can handwriting, wrong charts, etc.), when unreasonable risk of illness or injury. be printed. these functions are automated, users FDA is proposing that MDDS devices • Examples of medical device data tend to rely entirely on the technology indicated for lay use or that perform systems that would be used in the home because the technology is assumed to irreversible data compression not be are systems that periodically collect alleviate those risks. This is especially exempt from premarket notification data from glucose meters or blood true when software systems are requirements. pressure devices for later review by a designed to interface with a number of healthcare provider. unspecified medical devices. Thus, V. Risks to Health Medical device data consist of regulatory oversight of MDDS is critical FDA believes that general controls, numerical or other information available to ensuring that there is an adequate including the Quality System regulation from a medical device in a form suitable expectation of performance. and the requirements for Design for processing by computer. Medical It is FDA’s long-standing practice to Controls as per § 820.30, will provide a device data can represent many types of not regulate those manual office reasonable assurance of safety and information (e.g., clinical values, alarm functions that are simply automated for effectiveness for a MDDS. Risks to conditions, error messages). MDDS are the ease of the user (e.g., office health from this device would be caused not intended or designed to provide any automation) and that do not include by inadequate software quality. real time, active, or online patient MDDS as described previously. For Specifically, the risk to health would be monitoring functions. Medical device example, the report-writing functions of that incorrect medical device data is data systems can deliver and store alarm a computer system that allow for the stored, retrieved, transferred, data but do not have the capability to manual (typewriter like) input of data exchanged, or displayed, resulting in display, create, or detect alarm by practitioners would not be incorrect treatment or diagnosis of the conditions, or to actually sound an considered as a MDDS, because these patient. As explained below, FDA alarm. In particular, a MDDS can record systems are not directly connected to a believes the risk related to inadequate the fact that an alarm sounded, but medical device. In addition, software software quality can be mitigated cannot by itself sound an alarm in that merely performs library functions, through application of the Quality response to patient information. such as storing, indexing, and retrieving System Regulation. Medical device data systems cannot information not specific to an VI. Summary of Reasons for create alarms that are not already individual patient, is not considered to Reclassification present from the connected medical be a medical device. Examples include devices. By themselves, MDDS do not medical texts or the Physician’s Desk FDA believes that the MDDS should provide any diagnostic or clinical Reference on CD-ROM that are indexed be reclassified into class I because decision making functions. Medical and cross-referenced for ease of use. general controls would provide device data systems can transmit, This proposed regulation does not reasonable assurance of safety and exchange, store, or retrieve data in its address software that allows a doctor to effectiveness and special controls and original format or can be used to convert enter or store a patient’s health history premarket approval are not necessary to the medical device data from one format in a computer file. provide such assurance. FDA believes to another so that the arrangement or that the application of the Quality organization of the medical device data IV. Proposed Reclassification System Regulation (part 820), is in accordance with preset Because MDDS that are subject to the particularly the design control specifications. rulemaking are new post amendment provisions, would significantly reduce In developing its current regulatory devices, they are deemed to be class III the risk of errors from these devices that strategy for MDDS, FDA considered how by operation of the statute (section might cause incorrect treatment or the risks presented by an MDDS 513(f) of the act (21 U.S.C. 360c(f)). FDA diagnosis of the patient. The design compare to existing manual processes believes that classification in class I, controls section (§ 820.30) of the QS for managing these data. Hospitals, with appropriate application of the regulation (§ 820.30) applies to the clinics, and other healthcare facilities Quality System Regulation (part 820 (21 design of devices including class I are well-aware of the shortcomings of CFR part 820)), will provide reasonable devices with software. FDA does not manual functions and have introduced assurance of the safety and effectiveness intend to apply design controls other manual oversight to reduce their of this device. FDA is proposing that the retroactively to currently legally

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marketed MDDS devices. However, IX. Environmental Impact medical device, but would not be able changes to existing designs or to The agency has determined under 21 to generate alarms on its own. The currently marketed devices must be CFR 25.34(b) that this proposed MDDS device is currently classified into made in accordance with design control reclassification action is of a type that class III, the highest level of regulatory requirements, even if the original design does not individually or cumulatively oversight. The MDDS was initially placed in this classification by default. was not subject to these requirements, have a significant effect on the human § 820.30. This approach to MDDS manufacturers, as makers of class environment. Therefore, neither an implementing design controls for MDDS III devices, bear all costs associated with environmental assessment nor an is consistent with the way FDA premarket approval, including the cost environmental impact statement is implemented design controls after the of submitting the premarket approval required. issuance of the Quality System application (PMA) and payment of user Regulation in 1996. X. Analysis of Impact fees. The costs associated with the submission of the PMA are substantial, VII. Summary of Data Upon Which the FDA has examined the impacts of the proposed rule under Executive Order potentially reaching $1,000.000. Reclassification is Based Although we can identify several 12866 and the Regulatory Flexibility Act FDA is basing this proposed rule MDDS devices and device (5 U.S.C. 601–612), and the Unfunded upon the history of use of this type of manufacturers, we nevertheless do not Mandates Reform Act of 1995 (Public device in clinical practice as well as the know the size of the affected industry substantial knowledge of FDA staff Law 104–4). Executive Order 12866 because FDA has not been enforcing about this device type. These types of directs agencies to assess all costs and registration and listing requirements for systems provide no new or unique benefits of available regulatory manufacturers of MDDS devices. We clinical algorithms or clinical functions alternatives and, when regulation is welcome comment on the size and other that have not already been reviewed and necessary, to select regulatory characteristics of the affected industry. cleared in existing medical devices; approaches that maximize net benefits FDA is proposing to reclassify MDDS therefore, no new pre-market review or (including potential economic, devices from class III to class I. Based evaluation should be required. Further, environmental, public health and safety, on the history of use of this type of FDA believes that the proper and other advantages; distributive device in clinical practice and on the application of a Quality System impacts; and equity). The agency experience of FDA reviewers, the approach to the design and believes that this proposed rule is not a agency concludes that in the hands of a development of MDDS devices will significant regulatory action as defined healthcare professional, a MDDS is safe ensure their quality. FDA believes that by the Executive Order. and effective under general controls. this is the least burdensome approach to The Regulatory Flexibility Act The application of general controls, the regulation of these medical devices. requires agencies to analyze regulatory including the software design controls options that would minimize any in part 820, would be consistent with VIII. Effective Date significant impact of a rule on small the principle of applying the least FDA intends that this rule, if entities. Because this action is degree of regulatory control necessary to finalized, will become effective 60 days deregulatory and imposes no new provide reasonable assurance of safety after the date of publication of the final burdens, the agency certifies that the and effectiveness. The application of rule. However, FDA intends to continue proposed rule will not have a significant this lowest level of regulatory oversight to exercise enforcement discretion after economic impact on a substantial would be consistent with the treatment publication of any final rule so that number of small entities. of other devices with similar risk manufacturers who are already on the Section 202(a) of the Unfunded profiles. Software used to store, market with MDDS devices may have Mandates Reform Act of 1995 requires transmit, and communicate patient sufficient time to come into compliance that agencies prepare a written medical data, such as Laboratory as follows: FDA expects manufacturers statement, which includes an Information Systems and Medical Image who are already marketing a MDDS assessment of anticipated costs and Communication Systems, is typically device before publication of a final rule benefits, before proposing ‘‘any rule that classified into class I. and who meet the criteria for exemption includes any Federal mandate that may FDA has already recognized that the from premarket notification to register result in the expenditure by State, local, class III requirements are not necessary and list under part 807 within 60 days and tribal governments, in the aggregate, for ensuring the safety and effectiveness after publication of the final rule. If a or by the private sector, of $100,000,000 of MDDS devices and has been premarket notification is required, FDA or more (adjusted annually for inflation) exercising enforcement discretion with expects manufacturers who are in any one year.’’ The current threshold MDDS device manufacturers. These marketing an MDDS device without after adjustment for inflation is $127 firms have not been required to submit FDA clearance to submit a premarket million, using the most current (2006) PMAs or meet other requirements notification within 90 days of the Implicit Price Deflator for the Gross typically required of manufacturers of effective date of a final rule and to Domestic Product. FDA does not expect class III devices, but the agency believes obtain final clearance of a premarket this proposed rule to result in any 1- that all or nearly all firms in this notification within 180 days after year expenditure that would meet or industry have in place good business publication of a final rule. FDA expects exceed this amount. practices, including quality systems. If manufacturers who are required to Background FDA were to discontinue enforcement obtain clearance of a premarket discretion, most firms would continue notification to register and list within 30 An MDDS is a device that to comply with the class I provisions. days after receiving a substantial electronically stores, transfers, displays, equivalence order for their device. or reformats patient medical data. It Cost of the Proposed Regulation Manufacturers who are not already does not provide any diagnostic or This proposed regulation is marketing an MDDS device will be clinical decision making functions. A deregulatory. Device manufacturers required to comply with any final rule MDDS could, for example, store alarm currently subject to class III as of the effective date. data being generated by a connected requirements would be subject to the

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less burdensome requirements for complying with these requirements MDDS devices. Considering the cost of makers of class I devices. Of course, would be small, but would vary submitting a PMA plus the relevant user changing the device classification may depending on the number and nature of fees, the reduction could be $1,000,000 not have an impact on the practices of the devices manufactured and the per device. MDDS device manufacturers as long as nature of the firm’s current quality The Regulatory Flexibility Act FDA continues its practice of system. Firms with existing quality requires agencies to analyze regulatory enforcement discretion. For the purpose systems should be able to adapt their options that would minimize any of this analysis, however, we assume complaint procedures to incorporate significant impact of a rule on small that enforcement discretion would not MDR reporting with little difficulty. entities. Because reclassification of the be permanent. The regulatory Based on our understanding of the affected devices from class III to class I alternatives are therefore class III, II, or industry and that it has in place would relieve manufacturers of the cost I controls, enforced by the agency. This measures to ensure quality, we believe of complying with the premarket proposed rule would re-classify MDDS most firms would be able to adapt their approval requirements of section 515 of devices as class I, which would reduce systems to meet FDA’s QSR and MDR the act (21 U.S.C. 360e), the agency does the applicable regulatory requirements. regulations for no more than $20,000. not believe that this proposed rule Manufacturers of class I devices are Again, this would not be a cost imposed would have a significant economic required to: (1) Register and list their by this proposed rule, but the cost of an impact on a substantial number of small MDDS devices with the agency, (2) existing burden manufacturers may not entities. FDA requests comment on this conform to applicable medical device have incurred because FDA’s practice of issue. current good manufacturing practice enforcement discretion with requirements (part 820), (3) comply with manufacturers of MDDS devices. XI. Paperwork Reduction Act of 1995 Medical Device Reporting (MDR) Premarket notification. If FDA This proposed rule contains requirements (21 CFR part 803), and (4) finalizes the classification of MDDS information collection provisions that submit a premarket notification for the devices into class I, a manufacturer of a are subject to review by OMB under the device unless it is exempt. This MDDS device that is indicated for use Paperwork Reduction Act of 1995 (the proposed rule proposes to exempt solely in a health care facility would not PRA) (44 U.S.C. 3501–3520). The MDDS devices unless they are indicated need to comply with the PMA collections of information addressed in for use by someone other than a requirement that applies to class III the proposed rule have been approved healthcare professional, perform devices or submit a premarket by OMB in accordance with the PRA irreversible data compression, or exceed notification. FDA is unaware of any under the QSR (part 820, OMB Control the limitations in § 880.9. MDDS MDDS devices that are not intended for No. 0910–0073) and the regulations devices indicated for use solely by a use solely by healthcare professionals, governing premarket notification healthcare professional, are exempt so we believe all or nearly all MDDS from the premarket notification devices will be exempt from premarket submissions (21 CFR part 807, subpart requirements. review. A manufacturer of a MDDS E, OMB Control No. 0910–0120). Registration and listing. The majority device that is indicated for use by XII. Federalism of manufacturers of MDDS devices anyone other than a healthcare would incur a cost to register and list professional or that performs FDA has analyzed this proposed rule their devices with the agency. We irreversible data compression would in accordance with the principles set estimate this burden to be less than 1 need to submit a premarket notification, forth in Executive Order 13132. FDA hour per year for manufacturers familiar but the burden of submitting a has determined that the proposed rule, with this requirement, and up to 2 hours premarket notification is substantially if finalized, would not contain policies of time for manufacturers not currently less than that of submitting a PMA. A that would have substantial direct producing any FDA-regulated devices. premarket notification for a MDDS effects on the States, on the relationship Manufacturers would also face user fees device would be far less complex than between the National Government and of $1,708 in fiscal year (FY) 2008 to a PMA. The cost of preparing and the States, or on the distribution of register and list their devices with the submitting such a notification would be power and responsibilities among the agency. These fees would rise to $2,364 several thousand dollars. The user fees various levels of government. in 2012. for a premarket notification would be Accordingly, the agency tentatively Current Good Manufacturing $3,404 for FY 2008, increasing to $4,717 concludes that the proposed rule does Practices (CGMP)/Quality System in 2012. In contrast, the cost of not contain policies that have Regulation (QSR) compliance/Medical submitting a PMA can reach $1,000,000, federalism implications as defined in Device Reporting. Based on experience plus user fees of an additional $185,000 the Executive order and, consequently, with this and similar devices, FDA in FY 2008, increasing to $256,384 in a federalism summary impact statement believes that most manufacturers of 2012. has not been prepared. these devices already have quality In summary, this device XIII. Submission of Comments systems in place as part of good reclassification would substantially business practices. Good quality reduce an existing burden on the Interested persons may submit to the systems would include complaint- manufacturers of MDDS devices. The Division of Dockets Management (see handling procedures. FDA’s QSR (part regulatory burden of compliance with ADDRESSES) written or electronic 820) requirements are very flexible and the general controls provisions comments regarding this document. FDA believes that these manufacturers applicable to the manufacturers of all Submit a single copy of electronic will be able to conform their systems to class I devices is attributable to statutory comments or two paper copies of any FDA requirements with little difficulty requirements that already apply but mailed comments, except that or cost. Manufacturers are already have not been enforced. Assuming that individuals may submit one paper copy. required to report to FDA whenever continued enforcement discretion is not Comments are to be identified with the they learn that their device may have a viable long-term regulatory alternative, docket number found in brackets in the caused or contributed to a death or the proposed rule would reduce the heading of this document. Received serious injury to a patient. The cost of regulatory burden for manufacturers of comments may be seen in the Division

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of Dockets Management between 9 a.m. and does not perform irreversible data 5203, Internal Revenue Service, PO Box and 4 p.m., Monday through Friday. compression, it is exempt from the 7604, Ben Franklin Station, Washington, Please note that on January 15, 2008, premarket notification procedures in DC 20044. Submissions may be hand the FDA Web site transitioned to the subpart E of part 807, subject to the delivered Monday through Friday Federal Dockets Management System limitations in § 880.9. When the device between the hours of 8 a.m. and 4 p.m. (FDMS). FDMS is a Government-wide, is indicated to be prescribed by a to: CC:PA:LPD:PR (REG–153589–06), electronic docket management system. healthcare professional for use by a lay Courier’s Desk, Internal Revenue Electronic submissions will be accepted user, or performs irreversible data Service, 1111 Constitution Avenue, by FDA through FDMS only. compression, or for over-the-counter use NW., Washington, DC, or sent by a lay user, the device requires the electronically via the Federal List of Subjects in 21 CFR Part 880 submission and clearance of a eRulemaking Portal at Medical devices. premarket notification. www.regulations.gov (IRS REG– Therefore, under the Federal Food, Dated: January 25, 2008. 153589–06). Drug, and Cosmetic Act and under FOR FURTHER INFORMATION CONTACT: authority delegated to the Commissioner Daniel G. Schultz, Director, Center for Devices and Radiological Concerning the proposed regulation, of Food and Drugs, FDA proposes to Jamie Kim, (202) 622–4950; concerning amend 21 CFR part 880 as follows: Health. [FR Doc. E8–2325 Filed 2–7–08; 8:45 am] submission of comments or requesting a hearing, Richard.A.Hurst@irscounsel. PART 880—GENERAL HOSPITAL AND BILLING CODE 4160–01–S PERSONAL USE DEVICES treas.gov, (202) 622–7180 (not toll-free numbers). 1. The authority citation for 21 CFR DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: part 880 continues to read as follows: Background and Explanation of Authority: 21 U.S.C. 351, 360, 360c, 360e, Internal Revenue Service 360j, 371. Provisions 2. Part 880 is amended in subpart G 26 CFR Part 1 Temporary regulation in the Rules by adding § 880.6310 to read as follows: and Regulations section of this issue of [REG–153589–06] the Federal Register amends the Income § 880.6310 Medical Device Data System. RIN 1545–BG34 Tax Regulations (26 CFR part 1) relating (a) Identification. (1) A medical to section 1221(b)(3) of the Internal device data system (MDDS) is a device Time and Manner for Electing Capital Revenue Code (Code). The temporary intended to provide one or more of the Asset Treatment for Certain Self- regulation provides rules regarding the following uses: Created Musical Works time and manner for making an election (i) The electronic transfer or exchange under section 1221(b)(3) to treat the sale of medical device data from a medical AGENCY: Internal Revenue Service (IRS), Treasury. or exchange of certain musical device, without altering the function or compositions or copyrights in musical parameters of any connected devices. ACTION: Notice of proposed rulemaking works as the sale or exchange of a (ii) The electronic storage and by cross-reference to temporary capital asset. The text of the temporary retrieval of medical device data from a regulation. regulation also serves as the text of this medical device, without altering the SUMMARY: proposed regulation. The preamble to function or parameters of connected In the Rules and Regulations section of this issue of the Federal the temporary regulation explains the devices. amendments. (iii) The electronic display of medical Register, the IRS is issuing a temporary device data from a medical device, regulation that provides the time and Special Analyses manner for making an election to treat without altering the function or It has been determined that this notice the sale or exchange of musical parameters of connected devices. of proposed rulemaking is not a compositions or copyrights in musical (iv) The electronic conversion of significant regulatory action as defined works created by the taxpayer (or medical device data from one format to in Executive Order 12866. Therefore, a received by the taxpayer from the another format in accordance with a regulatory assessment is not required. It works’ creator in a transferred basis preset specification. also has been determined that section transaction) as the sale or exchange of (2) Medical device data consists of 553(b) of the Administrative Procedure a capital asset. The temporary regulation numerical or other information available Act (5 U.S.C. chapter 5) does not apply reflects changes to the law made by the from a medical device in a form suitable to this regulation, and because the Tax Increase Prevention and for processing by computer. Medical regulation does not impose a collection Reconciliation Act of 2005 and the Tax device data can represent any type of of information on small entities, the Relief and Health Care Act of 2006. The information or knowledge, e.g., clinical Regulatory Flexibility Act (5 U.S.C. temporary regulation affects taxpayers values, alarm conditions, error chapter 6) does not apply. Pursuant to making the election under section messages. This identification does not section 7805(f) of the Internal Revenue 1221(b)(3) of the Internal Revenue Code include a device that creates diagnostic, Code, this regulation has been (Code) to treat gain or loss from such a decision support, or alarm functions. It submitted to the Chief Counsel for sale or exchange as capital gain or loss. also does not include the report-writing Advocacy of the Small Business The text of the temporary regulation functions of a data system that allows Administration for comment on its also serves as the text of this proposed for the manual input of data by impact on small business. practitioners. This identification does regulation. not include devices with any real time, DATES: Written or electronic comments Comments and Requests for a Public active, or online patient monitoring. and requests for a public hearing must Hearing (b) Classification. Class I (general be received by May 8, 2008. Before this proposed regulation is controls). When the device is indicated ADDRESSES: Send submissions to: adopted as a final regulation, for use only by a healthcare professional CC:PA:LPD:PR (REG–153589–06), room consideration will be given to any

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written comments (a signed original and ACTION: Proposed rule. submittal and anticipates no adverse eight (8) copies) or electronic comments comments. A detailed rationale for the that are submitted timely to the IRS. The SUMMARY: The EPA is proposing to approval is set forth in the direct final IRS and Treasury Department request approve a State Implementation Plan rule. If no adverse comments are comments on the clarity of the proposed (SIP) revision submitted by the State of received in response to this action rule, rules and how they can be made easier Maine. This revision establishes no further activity is contemplated. If to understand. All comments will be transportation conformity criteria and EPA receives adverse comments, the available for public inspection and procedures related to interagency direct final rule will be withdrawn and copying. A public hearing will be consultation and enforceability of all public comments received will be scheduled if requested in writing by any certain transportation-related control addressed in a subsequent final rule person that timely submits written measures and mitigation measures. The based on this proposed rule. EPA will comments. If a public hearing is intended effect of this action is to not institute a second comment period. scheduled, notice of the date, time, and approve State criteria and procedures to Any parties interested in commenting place for the public hearing will be govern transportation conformity on this action should do so at this time. published in the Federal Register. determinations. This action is being Please note that if EPA receives adverse taken in accordance with the Clean Air comment on an amendment, paragraph, Drafting Information Act. or section of this rule and if that The principal author of these DATES: Written comments must be provision may be severed from the regulations is Jamie Kim of the Office of received on or before March 10, 2008. remainder of the rule, EPA may adopt Associate Chief Counsel (Income Tax & ADDRESSES: Submit your comments, as final those provisions of the rule that Accounting). However, other personnel identified by Docket ID No. EPA–R01– are not the subject of an adverse from the IRS and Treasury Department OAR–2007–1054 by one of the following comment. participated in their development. methods: For additional information, see the 1. http://www.regulations.gov: Follow List of Subjects in 26 CFR Part 1 direct final rule which is located in the the on-line instructions for submitting Rules section of this Federal Register. Income taxes, Reporting and comments. Dated: January 24, 2008. recordkeeping requirements. 2. E-mail: [email protected]. Ira W. Leighton, Proposed Amendments to the 3. Fax: (617) 918–0047. 4. Mail: ‘‘EPA–R01–OAR–2007– Acting Regional Administrator, EPA New Regulations 1054’’, Anne Arnold, U.S. England. Accordingly, 26 CFR part 1 is Environmental Protection Agency, EPA [FR Doc. E8–2248 Filed 2–7–08; 8:45 am] proposed to be amended as follows: New England Regional Office, One BILLING CODE 6560–50–P Congress Street, Suite 1100 (mail code PART 1—INCOME TAXES CAQ), Boston, MA 02114–2023. Paragraph 1. The authority citation 5. Hand Delivery or Courier. Deliver ENVIRONMENTAL PROTECTION for part 1 continues to read in part as your comments to: Anne Arnold, AGENCY follows: Manager, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. 40 CFR Parts 52 and 70 Authority: 26 U.S.C. 7805 * * *. Environmental Protection Agency, EPA [EPA–R07–OAR–2007–0829; FRL–8526–1] Par. 2. Section 1.1221–3 is added to New England Regional Office, One read as follows: Congress Street, 11th floor, (CAQ), Approval and Promulgation of § 1.1221–3 Time and manner for electing Boston, MA 02114–2023. Such Implementation Plans and Operating capital asset treatment for certain self- deliveries are only accepted during the Permits Program; State of Kansas created musical works. Regional Office’s normal hours of operation. The Regional Office’s official AGENCY: Environmental Protection [The text of proposed § 1.1221–3 is Agency (EPA). the same as the text of § 1.1221–3T(a) hours of business are Monday through ACTION: Proposed rule. through (d)(1) published elsewhere in Friday, 8:30 to 4:30, excluding legal this issue of the Federal Register.] holidays. Please see the direct final rule which SUMMARY: EPA is proposing to approve Linda E. Stiff, is located in the Rules section of this a revision to the Kansas State Deputy Commissioner for Services and Federal Register for detailed Implementation Plan (SIP) for the Enforcement. instructions on how to submit purpose of revoking the Sulfur [FR Doc. E8–2307 Filed 2–7–08; 8:45 am] comments. Compound Emissions rule and for the purpose of approving revisions to a BILLING CODE 4830–01–P FOR FURTHER INFORMATION CONTACT: Class I major source operating permit Donald O. Cooke, Air Quality Unit, U.S. annual emissions inventory rule and Environmental Protection Agency, EPA several Class II minor source operating ENVIRONMENTAL PROTECTION New England Regional Office, One permits rules. EPA is also proposing to AGENCY Congress Street, Suite 1100 (CAQ), approve additional amendments Boston, MA 02114–2023, telephone 40 CFR Part 52 adopted by KDHE on February 20, 1998 number (617) 918–1668, fax number which pertain to the Class II operating [EPA–R01–OAR–2007–1054; A–1–FRL– (617) 918–0668, e-mail permit rules. The rules were primarily 8524–8] [email protected]. revised to align the annual emission SUPPLEMENTARY INFORMATION: Approval and Promulgation of Air In the inventory reporting date deadline with Quality Implementation Plans; Maine; Final Rules section of this Federal the June 1 payment of applicable Transportation Conformity Register, EPA is approving the State’s emissions fees. EPA’s proposed SIP submittal as a direct final rule approval of these amendments would AGENCY: Environmental Protection without prior proposal because the ensure consistency between the state Agency (EPA). Agency views this as a noncontroversial and the Federally-approved rules.

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DATES: Comments on this proposed Monday through Friday, 8 to 4:30, this action. If EPA receives relevant action must be received in writing by excluding legal holidays. adverse comments, the direct final rule March 10, 2008. Please see the direct final rule which will be withdrawn and all public ADDRESSES: Submit your comments, is located in the Rules section of this comments received will be addressed in identified by Docket ID No. EPA–R07– Federal Register for detailed a subsequent final rule based on this OAR–2007–0829 by one of the following instructions on how to submit proposed action. EPA will not institute methods: comments. a second comment period on this action. 1. http://www.regulations.gov: Follow FOR FURTHER INFORMATION CONTACT: Gina Any parties interested in commenting the on-line instructions for submitting Grier at (913) 551–7078, or by e-mail at on this action should do so at this time. comments. [email protected]. Please note that if EPA receives adverse 2. E-mail: [email protected]. SUPPLEMENTARY INFORMATION: In the comment on part of this rule and if that 3. Mail: Gina Grier, Environmental final rules section of the Federal part can be severed from the remainder Protection Agency, Air Planning and Register, EPA is approving the state’s of the rule, EPA may adopt as final Development Branch, 901 North 5th SIP revision and Title V revision as a those parts of the rule that are not the Street, Kansas City, Kansas 66101. direct final rule without prior proposal subject of an adverse comment. For 4. Hand Delivery or Courier. Deliver because the Agency views this as a additional information, see the direct your comments to: Gina Grier, noncontroversial revision amendment final rule which is located in the rules Environmental Protection Agency, Air and anticipates no relevant adverse section of this Federal Register. Planning and Development Branch, 901 comments to this action. A detailed Dated: January 28, 2008. North 5th Street, Kansas City, Kansas rationale for the approval is set forth in 66101. Such deliveries are only the direct final rule. If no relevant John B. Askew, accepted during the Regional Office’s adverse comments are received in Regional Administrator, Region 7. normal hours of operation. The Regional response to this action, no further [FR Doc. E8–2188 Filed 2–7–08; 8:45 am] Office’s official hours of business are activity is contemplated in relation to BILLING CODE 6560–50–P

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Notices Federal Register Vol. 73, No. 27

Friday, February 8, 2008

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Animal and Plant Health Inspection public. Notices of hearings and investigations, Service committee meetings, agency decisions and Animal Plant and Health Inspection rulings, delegations of authority, filing of Service [Docket No. APHIS–2008–0006] petitions and applications and agency statements of organization and functions are Title: Importation of Hass Avocado Notice of Request for Extension of examples of documents appearing in this from Mexico Approval of an Information Collection; section. Importation of Poultry Meat and Other OMB Control Number: 0579–0129 Poultry Products From Sinaloa and Summary of Collection: The Animal Sonora, Mexico DEPARTMENT OF AGRICULTURE and Plant Health Inspection Service AGENCY: Animal and Plant Health (APHIS) of the Department of Submission for OMB Review; Inspection Service, USDA. Agriculture is responsible for preventing Comment Request plant diseases or insect pests from ACTION: Extension of approval of an information collection; comment February 4, 2008. entering the United States, preventing request. The Department of Agriculture has the spread of pests not widely submitted the following information distributed in the United States, and SUMMARY: In accordance with the collection requirement(s) to OMB for eradicating those imported when Paperwork Reduction Act of 1995, this review and clearance under the eradication is feasible. The Plant notice announces the Animal and Plant Paperwork Reduction Act of 1995, Protection Act (7 U.S.C. 7701–7772) Health Inspection Service’s intention to Public Law 104–13. Comments authorizes APHIS to carry out this request an extension of approval of an regarding (a) whether the collection of mission. APHIS will collect information information collection associated with information is necessary for the proper from a variety of individuals, both regulations for the importation of performance of the functions of the within and outside of the United States, poultry meat and other poultry products agency, including whether the who are involved in growing, packing, from Sinaloa and Sonora, Mexico. information will have practical utility; handling, transporting, and importing DATES: We will consider all comments (b) the accuracy of the agency’s estimate foreign logs, trees, shrubs, and other that we receive on or before April 8, of burden including the validity of the 2008. methodology and assumptions used; (c) articles. APHIS regulations allow fresh ways to enhance the quality, utility and Hass Avocado fruit grown in approved ADDRESSES: You may submit comments clarity of the information to be orchards in Michoacan, Mexico to be by either of the following methods: collected; (d) ways to minimize the imported into the United States under Federal eRulemaking Portal: Go to burden of the collection of information certain conditions. http://www.regulations.gov/fdmspublic/ on those who are to respond, including Need and Use of the Information: component/ through the use of appropriate APHIS will collect information using main?main=DocketDetail&d=APHIS- automated, electronic, mechanical, or form PPQ 587 ‘‘Application for Permit 2008-0006 to submit or view comments other technological collection to Import Plants or Plant Products,’’ to and to view supporting and related techniques or other forms of information ensure that fresh Hass Avocados from materials available electronically. technology should be addressed to: Desk Mexico do not harbor insect pests Postal Mail/Commercial Delivery: Please send two copies of your comment Officer for Agriculture, Office of (including Avocado stem weevils, seed Information and Regulatory Affairs, to Docket No. APHIS–2008–0006, weevils, and seed moths). The Office of Management and Budget Regulatory Analysis and Development, information collected will ensure that (OMB), PPD, APHIS, Station 3A–03.8, 4700 [email protected] or fresh Hass Avocados from Mexico do River Road Unit 118, Riverdale, MD fax (202) 395–5806 and to Departmental not harbor exotic insect pests. 20737–1238. Please state that your Clearance Office, USDA, OCIO, Mail Description of Respondents: Business comment refers to Docket No. APHIS– Stop 7602, Washington, DC 20250– or other for profit; Federal Government. 2008–0006. 7602. Comments regarding these Number of Respondents: 2,205. Reading Room: You may read any information collections are best assured comments that we receive on this of having their full effect if received Frequency of Responses: docket in our reading room. The reading within 30 days of this notification. Recordkeeping; Reporting: On occasion. room is located in Room 1141 of the Copies of the submission(s) may be Total Burden Hours: 107,061. USDA South Building, 14th Street and obtained by calling (202) 720–8958. Independence Avenue, SW., An agency may not conduct or Ruth Brown, Washington, DC. Normal reading room sponsor a collection of information Departmental Information Collection hours are 8 a.m. to 4:30 p.m., Monday unless the collection of information Clearance Officer. through Friday, except holidays. To be displays a currently valid OMB control [FR Doc. E8–2306 Filed 2–7–08; 8:45 am] sure someone is there to help you, number and the agency informs BILLING CODE 3410–34–P please call (202) 690–2817 before potential persons who are to respond to coming. the collection of information that such Other Information: Additional persons are not required to respond to information about APHIS and its

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programs is available on the Internet at The purpose of this notice is to solicit DEPARTMENT OF AGRICULTURE http://www.aphis.usda.gov. comments from the public (as well as FOR FURTHER INFORMATION CONTACT: For affected agencies) concerning our Forest Service information on the importation of information collection. These comments Notice of Proposed New Fee Sites; poultry meat and other poultry products will help us: Federal Lands Recreation from Sinaloa and Sonora, Mexico, (1) Evaluate whether the collection of Enhancement Act (Title VIII, Pub. L. contact Dr. Christopher Robinson, information is necessary for the proper 108–447) Assistant Director, Technical Trade performance of the functions of the Services—Products, National Center for Agency, including whether the AGENCY: Umatilla National Forest, Import and Export, VS, APHIS, 4700 information will have practical utility; USDA Forest Service. River Road Unit 40, Riverdale, MD ACTION: Notice of Proposed New Fee Sites. 20737; (301) 734–3277. For copies of (2) Evaluate the accuracy of our more detailed information on the estimate of the burden of the SUMMARY: The Umatilla National Forest information collection, contact Mrs. information collection, including the is proposing to charge fees at 39 Celeste Sickles, APHIS* Information validity of the methodology and recreation sites. Fees are assessed based Collection Coordinator, at (301) 734– assumptions used; on the leval of amenities and services 7477. (3) Enhance the quality, utility, and provided, cost of operation and SUPPLEMENTARY INFORMATION: clarity of the information to be maintenance, market assessment, and Title: Importation of Poultry Meat and collected; and public comment. The fees listed below Other Poultry Products from Sinaloa are only proposed. The final fees will be (4) Minimize the burden of the determined upon further analysis and and Sonora, Mexico. information collection on those who are OMB Number: 0579–0144. public comment. Funds from fees would Type of Request: Extension of to respond, through use, as appropriate, be retained locally and used for the approval of an information collection. of automated, electronic, mechanical, continued operation and maintenance of Abstract: Under the Animal Health and other collection technologies, e.g., these recreation sites. The public has Protection Act (7 U.S.C. 8301 et seq.), permitting electronic submission of been notified of proposed fees in several the Animal and Plant Health Inspection responses. ways. In July of 2007, signs were posted Service (APHIS) of the United States Estimate of burden: The public at all potentially affected campgrounds, Department of Agriculture is authorized, reporting burden for this collection of rental cabins, and trail heads requesting among other things, to prohibit the information is estimated to average 1 public feedback on the proposed fees. importation and interstate movement of hour per response. Press releases regarding the Umatilla animals and animal products to prevent National Forest’s recreation facility Respondents: Federal animal health the introduction into and dissemination master plan and fee proposals were within the United States of animal authorities in Mexico and operators of issued to area newspapers on September diseases and pests. To fulfill this slaughtering and processing plants in 11 of 2007. The release was followed by mission, APHIS regulates the Sinaloa and Sonora, Mexico, who 7 open houses held in communities importation of animals and animal engage in the export of poultry meat and across the Forest during September and products into the United States. The other poultry products to the United October. The fee proposal continues to regulations are contained in title 9, States. be advertised on the Umatilla National chapter 1, subchapter D, parts 91 Estimated annual number of Forest’s Web site. through 99, of the Code of Federal respondents: 20. Rental Cabins: Fremont Caretaker’s Cabin on the North Fork John Day Regulations. Estimated annual number of The regulations in part 94, among Ranger District and Tucannon Guard responses per respondent: 2. other things, restrict the importation of Station on the Pomeroy Ranger District poultry meat and other poultry products Estimated annual number of will be available for overnight rental. A from Mexico and other regions of the responses: 40. financial analysis is being completed to world where exotic Newcastle disease Estimated total annual burden on determine the rental fees; the range (END) has been determined to exist. The respondents: 40 hours. (Due to being considered is from $70 to $100 regulations allow the importation of averaging, the total annual burden hours per night. Cabin rentals offer a unique poultry meat and poultry products from may not equal the product of the annual experience and are a popular offering in the Mexican States of Sinaloa and number of responses multiplied by the National Forests. Both cabins were recently restored to maintain their Sonora under conditions that protect reporting burden per response.) against the introduction of END into the eligibility to the National Register of United States. All responses to this notice will be Historic Places. Fees would continue to To ensure that these items are safe for summarized and included in the request help protect and maintain cabins and importation, we require that certain data for OMB approval. All comments will their historic integrity. appear on the foreign meat inspection also become a matter of public record. Campgrounds: The Umatilla National certificate that accompanies the poultry Done in Washington, DC, this 4th day of Forest is proposing to begin charging meat or other poultry products from February 2008. fees at 20 campgrounds. These sites provide similar amenities as sites that Sinaloa and Sonora. We also require Kevin Shea, that serially numbered seals be applied currently require fees. They are as to containers carrying the poultry meat Acting Administrator, Animal and Plant follows: Big Creek, Divide Wells, or other poultry products. Health Inspection Service. Driftwood, Drift Fence, Gold Dredge, We are asking the Office of [FR Doc. E8–2369 Filed 2–7–08; 8:45 am] Oriental, and Winom campgrounds in Management and Budget (OMB) to BILLING CODE 3410–34–P the North Fork John Day Ranger District; approve our use of these information Coalmine Hill, Fairview, and Penland collection activities for an additional 3 campgrounds in the Heppner Ranger years. District; Alder thicket, Big Springs,

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Forest boundary, Godman, Ladybug, www.recreation.gov or by calling 1–877– and a final determination of change will Midway, Misery Springs, Panjab, 444–6777 when it becomes available. be made to the subject standards. Pataha, and Wickiup campgrounds on Dated: January 30, 2008. Dated: January 23, 2008. the Pomeroy Ranger District. A financial Kevin Martin, John A. Bricker, analysis is being completed to determine fee rates.The fees proposed to Forest Supervisor. State Conservationist, Natural Resources Conservation Service, Richmond, Virginia. help maintain these sites would range [FR Doc. 08–566 Filed 2–7–08; 8:45 am] between $5 and $14 for single sites, BILLING CODE 3410–11–M [FR Doc. E8–2321 Filed 2–7–08; 8:45 am] $10–$16 for double sites, $20–$40 for BILLING CODE 3410–16–P group sites. There would be an extra $5.00 charge per additional vehicle per DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE campsite at all the listed campgrounds. Natural Resources Conservation Trailheads: The Umatilla National Service Rural Business-Cooperative Service Forest proposes charging fees at the following 17 trailheads: North Fork John Notice of Proposed Change to Section Announcement of Rural Cooperative Day, Frazier, Winom, and Big Creek IV of the Virginia State Technical Guide Development Grant Application trailheads on the North Fork John Day Deadlines and Funding Levels Ranger District; Elk Flats, Meadow AGENCY: Natural Resources Creek, Panjab, Teepee, Three Forks, Conservation Service (NRCS), U.S. AGENCY: Rural Business-Cooperative Timothy Springs, Tucannon, and Twin Department of Agriculture. Service, USDA. Buttes on Pomeroy Ranger District; and ACTION: Notice of Availability of ACTION: Notice of solicitation of Burnt Cabin, Deduct Pond, Middle proposed changes in the Virginia NRCS applications. Point, North Fork Umatilla, and Rough State Technical Guide for review and Fork on the Walla Walla Ranger District. comment. SUMMARY: Rural Business-Cooperative These sites would be established as fee Service programs are administered sites since amenities such as toilets, SUMMARY: It has been determined by the through USDA Rural Development. garbage service, and interpretive signing NRCS State Conservationist for Virginia USDA Rural Development announces have been or will be added. Recreation that changes must be made in the NRCS the availability of approximately $4.4 Passes such as the Northwest Forest State Technical Guide specifically in million in competitive grant funds for Pass would cover day use fees for these practice standards: #578, Stream the fiscal year (FY) 2008 Rural trailheads. Northwest Forest Passes are Crossing; #574, Spring Development; Cooperative Development Grant (RCDG) $5 for a daily pass and $30 for an annual #561, Heavy Use Area protection; #575, Program. The intended effect of this pass. Animal Trails and Walkways; and #560, notice is to solicit applications for FY DATES: Proposed fees would begin after Access Road. These practices will be 2008 and award grants on or before June 2008 and are contingent upon used to plan and install conservation September 12, 2008. The maximum completion of certain improvements. practices on cropland, pastureland, award per grant is $200,000 and The cabin rentals would be available woodland, and wildlife land. matching funds are required. once a final decision is made and are DATES: Comments will be received for a DATES: Applications for grants must be offered through the National Recreation 30-day period commencing with the submitted on paper or electronically Reservation Service. date of this publication. according to the following deadlines: ADDRESSES: Kevin Martin, Forest FOR FURTHER INFORMATION CONTACT: Paper copies must be postmarked and Supervisor, Umatilla National Forest, Inquire in writing to John A. Bricker, mailed, shipped, or sent overnight no 2517 SW. Hailey Avenue, Pendleton, State Conservationist, Natural Resources later than April 8, 2008, to be eligible Oregon 97801. Conservation Service (NRCS), 1606 for FY 2008 grant funding. Late FOR FURTHER INFORMATION CONTACT: Santa Rosa Road, Suite 209, Richmond, applications are not eligible for FY 2008 Larry Randall, Umatilla Recreation Fee Virginia 23229–5014; Telephone grant funding. Coordinator, 509–522–6276. number (804) 287–1691; Fax number Electronic copies must be received by Information about proposed fee changes (804) 287–1737. Copies of the practice April 8, 2008, to be eligible for FY 2008 can also be found on the Umatilla standards will be made available upon grant funding. Late applications are not National Forest Web site: http:// written request to the address shown eligible for FY 2008 grant funding. www.fs.fed.us/r6/uma/recreation/rfa/ above or on the Virginia NRCS Web site: ADDRESSES: Application materials for a fee_changes. shtml. http://www.va.nrcs.usda.gov/technical/ RCDG may be obtained at http:// SUPPLEMENTARY INFORMATION: The draftstandards.html. www.rurdev.usda.gov/rbs/coops/rcdg/ Federal Recreation Lands Enhancement SUPPLEMENTARY INFORMATION: Section rcdg.htm or by contacting the Act (Title VII, Pub. L. 108–447) directed 343 of the Federal Agriculture applicant’s USDA Rural Development the Secretary of Agriculture to publish Improvement and Reform Act of 1996 State Office at (202) 720–4323 and a six month advance notice in the states that revisions made after pressing ‘‘1’’. Federal Register whenever new enactment of the law to NRCS State Submit completed paper applications recreation fee areas are established. technical guides used to carry out for a grant to Cooperative Programs, Once public involvement is complete, highly erodible land and wetland Attn: RCDG Program, 1400 these new fees will be reviewed by a provisions of the law shall be made Independence Avenue, SW., Mail Stop Recreation Resource Advisory available for public review and 3250, Room 4016-South, Washington, Committee prior to a final decision and comment. For the next 30 days, the DC 20250–3250. The phone number that implementation. People wanting to rent NRCS in Virginia will receive comments should be used for courier delivery is Fremont Caretaker’s Cabin or Tucannon relative to the proposed changes. (202) 720–7558. Guard Station would need to do so Following that period, a determination Submit electronic grant applications through the National Recreation will be made by the NRCS in Virginia at http://www.grants.gov, following the Reservation Service, at http:// regarding disposition of those comments instructions found on this Web site.

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FOR FURTHER INFORMATION CONTACT: Visit Approximate Average Award: 1-year timeframe. The Agency will not the program Web site at http:// $200,000. approve requests to extend the grant www.rurdev.usda.gov/rbs/coops/rcdg/ Floor of Award Range: None. period. rcdg.htm for application assistance or Ceiling of Award Range: $200,000. Completeness Eligibility: Applications contact your USDA Rural Development Anticipated Award Date: September without sufficient information to State Office at (202) 720–4323 and press 12, 2008. determine eligibility and scoring will be ‘‘1’’, or select the Contacts link at the Budget Period Length: 12 months. considered ineligible. Applications that above Web site. Applicants are Project Period Length: 12 months. are non-responsive to this notice will be encouraged to contact their State Offices III. Eligibility Information considered ineligible. well in advance of the deadline to Activity Eligibility: Applications must discuss their projects and ask any A. Eligible Applicants propose the development or questions about the application process. Grants may be made to nonprofit continuation of the cooperative SUPPLEMENTARY INFORMATION: corporations and institutions of higher development center concept or they will Overview education. Grants may not be made to not be considered for funding. public bodies. Additionally, applications that focus Federal Agency: Rural Business- assistance to only one cooperative will B. Cost Sharing or Matching Cooperative Service (RBS). not be considered for funding. Funding Opportunity Title: Rural Matching funds are required. Applications requesting more than the Cooperative Development Grant. Applicants must verify in their maximum grant amount will not be Announcement Type: Initial applications that all matching funds are considered for funding. Applications announcement. available for the time period of the that have ineligible costs that equal Catalog of Federal Domestic Assistance grant. The matching fund requirement is more than 10 percent of the total project Number: 10.771. 25 percent of the total project cost (5 costs will be determined ineligible, and DATES: Application Deadline: percent in the case of 1994 Institutions). not be considered for funding. If an Completed applications for grants may Unless provided by other authorizing application has ineligible costs of 10 be submitted on paper or electronically legislation, other Federal grant funds percent or less of total project costs and according to the following deadlines: cannot be used as matching funds. is selected for funding, the applicant Paper copies must be postmarked and However, matching funds may include must remove all ineligible costs from mailed, shipped, or sent overnight no loan proceeds from Federal sources. the budget and replace them with later than April 8, 2008, to be eligible Matching funds must be spent in eligible activities or the amount of the for FY 2008 grant funding. Late advance or as a pro-rata portion of grant grant award will be reduced applications are not eligible for FY 2008 funds being expended. All of the accordingly. grant funding. matching funds must be provided by either the applicant or a third party in IV. Application and Submission Electronic copies must be received by Information April 8, 2008, to be eligible for FY 2008 the form of cash or in-kind grant funding. Late applications are not contributions. All of the matching funds A. Address To Request Application eligible for FY 2008 grant funding. must be spent on eligible expenses and Package must be from eligible sources. The I. Funding Opportunity Description Center must be able to document and The application package for applying on paper for this funding opportunity RCDGs are authorized by section verify the number of hours worked and can be obtained at http:// 310B(e) of the Consolidated Farm and the value associated with the in-kind www.rurdev.usda.gov/rbs/coops/rcdg/ Rural Development Act (7 U.S.C. contribution. Additionally, if the in- rcdg.htm. Alternatively, applicants may 1932(e)). Regulations are contained in 7 kind contributions are from board contact their USDA Rural Development CFR part 4284, subparts A and F. The members for their time, travel, State Office at (202) 720–4323 and press primary objective of the RCDG program incidentals, etc., the Center must have ‘‘1’’. For electronic applications, is to improve the economic condition of established written policies explaining applicants must visit http:// rural areas through cooperative how these costs are normally www.grants.gov and follow the development. Grant funds are provided reimbursed, including rates. Otherwise, instructions. for the establishment and operation of the in-kind contributions will not be Centers that have the expertise or who considered eligible expenses and may B. Content and Form of Submission can contract out for the expertise to cause the application to be determined assist individuals or entities in the ineligible for funding. In-kind Applications must be submitted on startup, expansion or operational contributions provided by individuals, paper or electronically. An application improvement of cooperative businesses. businesses, or cooperatives who are guide may be viewed at http:// The program is administered through being assisted by the Center can not be www.rurdev.usda.gov/rbs/coops/rcdg/ USDA Rural Development State Offices. provided for the benefit of their own rcdg.htm. It is recommended that projects as USDA Rural Development applicants use the template provided on Definitions considers this to be a conflict of interest the Web site. The template can be filled The definitions published at 7 CFR or the appearance of a conflict of out electronically and printed out for 4284.3 and 7 CFR 4284.504 are interest. submission with the required forms for incorporated by reference. paper submission or it can be filled out C. Other Eligibility Requirements electronically and submitted as an II. Award Information Grant Period Eligibility: Applications attachment through http:// Type of Award: Grant. should have a timeframe of no more www.grants.gov. Fiscal Year Funds: FY 2008. than 365 days with the time period The submission must include all Approximate Total Funding: beginning no earlier than October 1, pages of the application. It is $4,400,000. 2008 and no later than January 1, 2009. recommended that the application be in Approximate Number of Awards: 22 Projects must be completed within the black and white, not color. Those

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evaluating the application will only accomplished, the amount requested, provide estimates on the following receive black and white images. how the work will be performed (e.g., performance measures. If the application is submitted Center staff, consultants, or contractors) • Number of groups who are not legal electronically, the applicant must follow and the percentage of work that will be entities assisted. the instructions given at http:// performed among the parties. • Number of businesses that are not www.grants.gov. Applicants are advised 8. Eligibility. The applicant must cooperatives assisted. to visit the site well in advance of the describe, not to exceed two pages, how • Number of cooperatives assisted. application deadline if they plan to it meets the applicant, matching, grant • Number of businesses incorporated apply electronically to ensure they have period and activity eligibility that are not cooperatives. obtained the proper authentication and requirements. • Number of cooperatives have sufficient computer resources to 9. Proposal Narrative. The proposal incorporated. • complete the application. narrative is limited to a total of 40 Total number of jobs created as a Applicants must complete and submit pages. result of assistance. • the following elements. The Agency will i. Project Title. The title of the Total number of jobs saved as a screen all applications for eligibility and proposed project must be brief, not to result of assistance. • to determine whether the application is exceed 75 characters, yet describe the Number of jobs created for the essentials of the project. If a title page Center as a result of RCDG funding. complete and sufficiently responsive to • the requirements set forth in this notice was included under number 5 above, it Number of jobs saved for the Center to allow for an informed review. is not necessary to include an additional as a result of RCDG funding. Information submitted as part of the title page under this section. It is permissible to have a zero in a application will be protected to the ii. Information Sheet. A separate one- performance element. When calculating extent permitted by law. page information sheet listing each of jobs created, estimates should be based 1. Form SF–424, ‘‘Application for the evaluation criteria referenced in the upon actual jobs to be created by the Federal Assistance.’’ The form must be RFP, followed by the page numbers of Center as a result of the RCDG funding completed, signed and submitted as part all relevant material and documentation or actual jobs to be created by of the application package. contained in the proposal that address businesses or cooperatives as a result of Please note that applicants are or support the criteria. If the evaluation assistance from the Center. When required to have a DUNS number to criteria are listed on the Table of calculating jobs saved, estimates should apply for a grant from USDA Rural Contents and specifically and be based only on actual jobs that would Development. The DUNS number is a individually addressed in narrative have been lost if the Center did not nine-digit identification number, which form, then it is not necessary to include receive RCDG funding or actual jobs that uniquely identifies business entities. an information sheet under this section. would have been lost without assistance There is no charge. To obtain a DUNS iii. Goals of the Project. The applicant from the Center. If the application is number, access http://www.dnb.com/us/ must include the following statements selected for funding, the applicant will or call 866–705–5711. For more in this section of the narrative to be required to report actual numbers for information, see the RCDG Web site at demonstrate that the Center is following these performance elements on a semi- http://www.rurdev.usda.gov/rbs/coops/ these statutory requirements: annual basis and in the final rcdg/rcdg.htm or contact the applicant’s 1. A statement that substantiates that performance report. Additional USDA Rural Development State Office the Center will effectively serve rural information on post-award requirements at (202) 720–4323 and press ‘‘1’’. areas in the United States; can be found in section VI. Applicants 2. Form SF–424A, ‘‘Budget 2. A statement that the primary may also suggest additional Information—Non-Construction objective of the Center will be to performance criteria in the event the Programs.’’ This form must be improve the economic condition of rural proposal receives grant funding. The completed and submitted as part of the areas through cooperative development; criteria are not binding on USDA, but application package. 3. A description of the contributions should be specific, measurable 3. Form SF–424B, ‘‘Assurances—Non- that the proposed activities are likely to performance criteria. The inclusion of Construction Programs.’’ This form must make to the improvement of the additional performance criteria beyond be completed, signed, and submitted as economic conditions of the rural areas the nine listed above is voluntary. part of the application package. for which the Center will provide vi. Undertakings. The applicant must 4. Survey on Ensuring Equal services; and include the following statements in this Opportunity for Applicants. The Agency 4. A statement that the Center, in section of the narrative and expressly is required to make this survey available carrying out its activities, will seek, undertake to do them. to all nonprofit applicants. Submitting where appropriate, the advice, 1. Take all practicable steps to this form is voluntary. participation, expertise, and assistance develop continuing sources of financial 5. Title Page. The Title Page, not to of representatives of business, industry, support for the Center, particularly from exceed one page, should include the educational institutions, the Federal sources in the private sectors; title of the project as well as any other government, and State and local 2. Make arrangements for the Center’s relevant identifying information. governments. activities to be monitored and 6. Table of Contents. For ease of iv. Work Plan. Please see section V. A. evaluated; and locating information, each proposal 8. for specific requirements on the work 3. Provide an accounting for the must contain a detailed Table of plan and budget. The work plan and money received by the grantee in Contents (TOC) immediately following budget should be presented under accordance with 7 CFR part 4284, the Title Page. The TOC should include proposal evaluation criterion number 8. subpart F. page numbers for each component of the It is not necessary to include the work vii. Delivery of Cooperative application. plan and budget under this section. Development Assistance. Please see 7. Executive Summary. A summary of v. Performance Evaluation Criteria. section V. A. 7. for specific the proposal, not to exceed two pages, The Agency has established annual requirements on delivery of cooperative must briefly describe the Center, performance measures to evaluate the development assistance. Delivery including project goals and tasks to be RCDG program. Applicants must should be presented under proposal

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evaluation criterion number 7. It is not for this section that reads as follows: dates (month/date/year) corresponding necessary to include discussion on ‘‘[INSERT NAME OF APPLICANT] to the proposed grant period or to the delivery of cooperative development certifies that matching funds will be dates within the grant period when assistance under this section. available at the same time grant funds matching contributions will be made viii. Qualifications of Personnel. are anticipated to be spent and that available) and (3) the value of the goods Please see section V. A. 9. for specific matching funds will be spent in advance and/or services. requirements on qualifications of of grant funding, such that for every Applicants should note that only personnel. Qualifications of personnel dollar of the total project cost, at least goods or services for which no should be presented under proposal 25 cents (5 cents for 1994 Institutions) expenditure is made can be considered evaluation criterion number 9. It is not of matching funds will have been in-kind. Verification for in-kind necessary to include discussion on expended prior to submitting the contributions that are over-valued will qualifications of personnel under this request for reimbursement.’’ A separate not be accepted. The valuation process section. signature is not required. for in-kind funds does not need to be ix. Support and commitments. Please 12. Verification of Matching Funds. included in the application. However, see section V. A. 10. for specific Applicants must provide documentation the applicant must be able to requirements on support and of all proposed matching funds, both demonstrate how the valuation was commitments. Support and cash and in-kind. Matching funds must derived at the time of notification of commitments should be presented be spent or donated for goods and tentative selection for the grant award. under proposal evaluation criterion services that are eligible expenditures If the applicant cannot satisfactorily number 10. It is not necessary to include for this grant program as well as be used demonstrate how the valuation was discussion on support and for eligible purposes. The determined, the grant award may be commitments under this section. documentation must be included in withdrawn or the amount of the grant x. Future Support. Please see section Appendix A and will not count towards may be reduced. V. A. 11. for specific requirements on the 40-page limitation. Verification for funds donated outside future support. Future support should If matching funds are to be provided the proposed time period of the grant be presented under proposal evaluation in cash, the following requirements will not be accepted. criterion number 11. It is not necessary must be met. Examples of unacceptable matching to include discussion on future support Applicant: The application must funds are in-kind contributions from under this section. include a statement verifying (1) the individuals, businesses, or cooperatives xi. Proposal Evaluation Criteria. Each amount of the cash and (2) the source being assisted by the Center to benefit of the evaluation criteria referenced in of the cash. If the applicant is paying for their own project, donations of fixed this funding announcement must be goods and/or services as part of the equipment and buildings, and costs specifically and individually addressed matching funds contribution, the related to the preparation of the RCDG in narrative form. Applications that do expenditure is considered a cash match, application package. not address all of the proposal and should be verified as such. Expected program income may not be evaluation criteria will be considered Third-party: The application must used to fulfill the matching funds ineligible. See Section V. A. for a include a signed letter from the third requirement at the time of application. description of the Proposal Evaluation party verifying (1) how much cash will However, if there are contracts in place Criteria. be donated and (2) when it will be at the time of application, they may be 10. Certification of Judgment Owed to donated. Specific dates (month/date/ treated as cash match. If program the United States. Applicants must year) corresponding to the proposed income is earned during the time period certify that the United States has not grant period or to the dates within the of the grant, it is subject to the obtained a judgment against them. No grant period when matching requirements of 7 CFR part 3015, grant funds shall be used to pay a contributions will be made available, subpart F and 7 CFR part 3019.24 and judgment obtained by the United States. must be included in the letter. any provisions in the Grant Agreement. It is suggested that applicants use the If matching funds are to be provided following language for the certification. by an in-kind donation, the following C. Submission Dates and Times ‘‘[INSERT NAME OF APPLICANT] requirements must be met. Application Deadline Date: April 8, certifies that the United States has not Applicant: The application must 2008. obtained a judgment against it and will include a signed letter from the Explanation of Deadlines: Paper not use grant funds to pay any applicant or its authorized applications must be postmarked by the judgments obtained by the United representative verifying (1) the goods deadline date (see section IV.F for the States.’’ A separate signature is not and/or services to be donated (i.e., address). Electronic applications must required. provide the details about the goods and/ be received by http://www.grants.gov by 11. Certification of Matching Funds. or services to be provided), (2) when the the deadline date. If the application Applicants must certify that matching goods and/or services will be donated does not meet the deadline above, it will funds will be available at the same time (i.e., specific dates (month/date/year) not be considered for funding. The grant funds are anticipated to be spent corresponding to the proposed grant applicant will be notified if the and that matching funds will be spent period or to the dates within the grant application does not meet the in advance of grant funding, such that period when matching contributions submission requirements. The applicant for every dollar of the total project cost, will be made available) and (3) the value will also be notified by mail or by e-mail not less than the required amount of of the goods and/or services. if the application is received on time. matching funds will have been Third-Party: The application must expended prior to submitting the include a signed letter from the third D. Intergovernmental Review of request for reimbursement. Please note party verifying (1) the goods and/or Applications that this certification is a separate services to be donated (i.e., provide the Executive Order 12372, requirement from the Verification of details about the goods and/or services Intergovernmental review of Federal Matching Funds requirement. to be provided), (2) when the goods and/ programs, applies to this program. This Applicants should include a statement or services will be donated (i.e., specific EO requires that Federal agencies

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provide opportunities for consultation services beyond that which is currently and program administration on proposed assistance with State and being provided; performance measures and clear rules of local governments. Many states have ii. To pay costs of preparing the governance will receive more points established a Single Point of Contact application package for funding under than those not evidencing this capacity. (SPOC) to facilitate this consultation. this program; 2. Technical assistance and other For a list of states that maintain an iii. To pay costs of the project services. (0–7 points) The Agency will SPOC, please see the White House Web incurred prior to the date of grant evaluate the applicant’s demonstrated site: http://www.whitehouse.gov/omb/ approval; expertise in providing technical grants/spoc.html. If an applicant’s state iv. To fund political activities; assistance in rural areas. has an SPOC, the applicant may submit v. To pay for assistance to any private 3. Economic development. (0–7 a copy of the application directly for business enterprise that does not have at points) The Agency will evaluate the review. Any comments obtained least 51 percent ownership by those applicant’s demonstrated ability to through the SPOC must be provided to who are either citizens of the United assist in the retention of businesses, USDA Rural Development for States or reside in the United States facilitate the establishment of consideration as part of the application. after being legally admitted for cooperatives and new cooperative If the applicant’s state has not permanent residence; approaches and generate employment established an SPOC, or the applicant vi. To pay any judgment or debt owed opportunities that will improve the does not want to submit a copy of the to the United States; economic conditions of rural areas. application, USDA Rural Development vii. To plan, repair, rehabilitate, 4. Linkages. (0–7 points) The Agency will submit the application to the SPOC acquire, or construct a building or will evaluate the applicant’s or other appropriate agency or agencies. facility, including a processing facility; demonstrated ability to create horizontal Applicants are also encouraged to viii. To purchase, rent, or install fixed linkages among businesses within and contact the USDA Rural Development equipment, including laboratory among various sectors in rural areas of State Office for assistance and questions equipment or processing machinery; the United States and vertical linkages on this process. The USDA Rural ix. To pay for the repair of privately to domestic and international markets. 5. Commitment. (0–7 points) The Development State Office can be owned vehicles; Agency will evaluate the applicant’s reached at (202) 720–4323 and selecting x. To fund research and development; commitment to providing technical option ‘‘1’’ or by viewing the following xi. To pay costs of the project where assistance and other services to Web site: http://www.rurdev.usda.gov/. a conflict of interest exists; or underserved and economically xii. To fund any activities prohibited E. Funding Restrictions distressed areas in rural areas of the by 7 CFR parts 3015 or 3019. Funding restrictions apply to both United States. grant funds and matching funds. Grant F. Other Submission Requirements 6. Matching Funds. (0, 3 or 5 points) funds may be used to pay up to 75 A paper application for a grant must All applicants must demonstrate percent (95 percent where the grantee is be submitted to Cooperative Programs, matching funds equal to at least 25 a 1994 Institution) of the total project Attn: RCDG Program, 1400 percent (5 percent for 1994 Institutions) cost. Independence Avenue, SW., Mail Stop of total project costs. Applications 1. Grant funds and matching funds 3250, Room 4016-South, Washington, exceeding these minimum commitment may be used for, but are not limited to, DC 20250–3250. The phone number that levels will receive more points. If the providing the following to individuals, should be used for courier delivery is applicant provides eligible matching cooperatives, small businesses and other (202) 720–7558. Electronically funds of 25 percent, 0 points will be similar entities in rural areas served by submitted applications must apply awarded; 26 to 50 percent, 3 points will the Center: using the following internet address: be awarded; or greater than 50 percent, i. Applied research, feasibility, http://www.grants.gov. Applications 5 points will be awarded. If the environmental and other studies that may not be submitted by electronic applicant is a 1994 Institution and may be useful for the purpose of mail, facsimile, or by hand-delivery. provides eligible matching funds of 5 cooperative development. Each application submission must percent, 0 points will be awarded; 6 to ii. Collection, interpretation and contain all required documents in one 20 percent, 3 points will be awarded; or dissemination of principles, facts, envelope, if by mail or courier delivery greater than 20 percent, 5 points will be technical knowledge, or other service. awarded. information for the purpose of 7. Delivery. (0–5 points) The Agency cooperative development. V. Application Review Information will evaluate whether the Center has a track record of providing technical iii. Training and instruction for the A. Proposal Evaluation Criteria purpose of cooperative development. assistance in rural areas and iv. Loans and grants for the purpose All eligible and complete applications accomplishing effective outcomes in of cooperative development in will be evaluated based on the following cooperative development. The Center’s accordance with this notice and criteria. Evaluators will base scores only potential for delivering effective applicable regulations. on the information provided or cross- cooperative development assistance, the v. Technical assistance, research referenced in each individual evaluation expected effects of that assistance, the services and advisory services for the criterion. The maximum amount of sustainability of cooperative purpose of cooperative development. points available is 65. organizations receiving the assistance, 2. No funds made available under this 1. Administrative capabilities. (0–7 and the transferability of the Center’s solicitation shall be used for any of the points) The application will be cooperative development strategy and following activities: evaluated to determine whether the focus to other States will also be i. To duplicate current services or subject Center has a track record of assessed. replace or substitute support previously administering a Nationally-coordinated, 8. Work Plan/Budget. (0–5 points) The provided. If the current service is regional or state-wide operated project. work plan will be reviewed for detailed inadequate, however, grant funds may Centers that have capable financial actions and an accompanying timetable be used to expand the level of effort or systems and audit controls, personnel for implementing the proposal. Clear,

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logical, realistic and efficient plans will for Center operations in future years, Other Responsibility Matters—Primary result in a higher score. Budgets will be including issues such as sources and Covered Transactions.’’ reviewed for completeness and the uses of alternative funding; reliance on • Form AD–1048, ‘‘Certification quality of non-Federal funding Federal, State, and local grants; and the Regarding Debarment, Suspension, commitments. Applicants must discuss use of in-house personnel for providing Ineligibility and Voluntary Exclusion— the specific tasks (whether it be by type services versus contracting out for that Lower Tier Covered Transactions.’’ of service or specific project) to be expertise. To the extent possible, • Form AD–1049, ‘‘Certification completed using grant and matching applicants should document future Regarding Drug-Free Workplace funds. The work plan should show how funding sources that will help achieve Requirements (Grants).’’ • customers will be identified, key long-term sustainability of the Center. Form RD 400–4, ‘‘Assurance personnel to be involved, and the Agreement.’’ Applications that demonstrate their • evaluation methods to be used to vision for funding center operations for RD Instruction 1940–Q, Exhibit A– determine the success of specific tasks future years, including diversification of 1, ‘‘Certification for Contracts, Grants and overall objectives of Center funding sources and building in-house and Loans.’’ Additional information on these operations. The budget must present a technical assistance capacity, will requirements can be found at http:// breakdown of the estimated costs receive more points for this criterion. associated with cooperative www.rurdev.usda.gov/rbs/coops/rcdg/ development activities as well as the B. Review and Selection Process rcdg.htm. operation of the Center and allocate The Agency will screen all of the Reporting Requirements: Grantees these costs to each of the tasks to be proposals to determine whether the must provide USDA Rural Development undertaken. Matching funds as well as application is eligible and sufficiently with an original or electronic copy that grant funds must be accounted for in the responsive to the requirements set forth includes all required signatures of the following reports. The reports should be budget. in this notice to allow for an informed submitted to the Agency contact listed 9. Qualifications of those Performing review. the Tasks. (0–5 points) The application The Agency will evaluate applications on the Grant Agreement and Letter of will be evaluated to determine if the using a panel of qualified reviewers who Conditions. Failure to submit personnel expected to perform key will score the applications in satisfactory reports on time may result center tasks have a track record of accordance with the point allocation in suspension or termination of the positive solutions for complex specified in this notice. Applications grant. 1. Form SF–269 or SF–269A. A cooperative development or marketing will be submitted to the Administrator ‘‘Financial Status Report’’ listing problems, or a successful record of in rank order, together with funding expenditures according to agreed upon conducting accurate feasibility studies, level recommendations. business plans, marketing analysis, or budget categories, on a semi-annual other activities relevant to Cooperative C. Anticipated Announcement and basis. Reporting periods end each March development center success. The Award Dates 31 and September 30. Reports are due applicant must also identify whether the Award Date: The announcement of 30 days after the reporting period ends. 2. Semi-annual performance reports personnel expected to perform tasks are award selections is expected to occur on that compare accomplishments to the full/part-time Center employees or or about September 12, 2008. objectives stated in the proposal. contract personnel. 10. Local support. (0–5 points) VI. Award Administration Information Identify all tasks completed to date and provide documentation supporting the Applications will be reviewed for A. Award Notices reported results. If the original schedule previous and expected local support for Successful applicants will receive a the Center, plans for coordinating with provided in the work plan is not being notification of tentative selection for met, the report should discuss the other developmental organizations in funding from USDA Rural Development. the proposed service area, and problems or delays that may affect Applicants must comply with all completion of the project. Objectives for coordination with State and local applicable statutes and regulations institutions. Support documentation the next reporting period should be before the grant award will be approved. should include recognition of rural listed. Compliance with any special Unsuccessful applicants will receive values that balance employment conditions on the use of award funds notification by mail. opportunities with environmental should be discussed. The report should stewardship and other positive rural B. Administrative and National Policy also include a summary at the end of the amenities. Centers that demonstrate Requirements report with the following elements to strong support from potential assist in documenting the annual 7 CFR parts 3015, 3019, and 4284 are performance goals of the RCDG program beneficiaries and formal evidence of the applicable to this program. To view Center’s intent to coordinate with other for Congress. these regulations, please see the • Number of groups who are not legal developmental organizations will following internet address: http:// entities assisted. receive more points than those not www.access.gpo.gov/nara/cfr/cfr-table- • Number of businesses that are not evidencing such support and formal search.html. cooperatives assisted. intent. Support should be discussed The following additional • Number of cooperatives assisted. directly within the response to this requirements apply to grantees selected • Number of businesses incorporated criterion. The applicant may submit a for this program: that are not cooperatives. maximum of 10 letters of support or • Grant Agreement. • Number of cooperatives intent to coordinate with the • Letter of Conditions. incorporated. application. These letters should be • Form RD 1940–1, ‘‘Request for • Total number of jobs created as a included in Appendix B of the Obligation of Funds.’’ result of assistance. application and will not count against • Form RD 1942–46, ‘‘Letter of Intent • Total number of jobs saved as a the 40-page limit for the narrative. to Meet Conditions.’’ result of assistance. 11. Future support. (0–5 points) • Form AD–1047, ‘‘Certification • Number of jobs created for the Applicants should describe their vision Regarding Debarment, Suspension, and Center as a result of RCDG funding.

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• Number of jobs saved for the Center Persons with disabilities who require State Office at (202) 720–4323 and as a result of RCDG funding. alternative means for communication of pressing ‘‘1’’. Reports are due as provided in program information (Braille, large Submit electronic grant applications paragraph 1 of this section. Supporting print, audiotape, etc.) should contact at http://www.grants.gov, following the documentation must also be submitted USDA’s TARGET Center at (202) 720– instructions found on this Web site. for completed tasks. The supporting 2600 (voice and TDD). To file a Submit completed paper applications documentation for completed tasks complaint of discrimination, write to for a grant to the applicant’s State Office includes, but is not limited to: USDA, Director, Office of Civil Rights, as follows: Feasibility studies, marketing plans, 1400 Independence Avenue, SW., A list of Rural Development State business plans, publication quality Washington, DC 20250–9410, or call Offices follows: success stories, applied research reports, (866) 632–9992 (voice) or (202) 401– copies of surveys conducted, articles of 0216 (TDD). USDA is an equal Alabama incorporation and bylaws and an opportunity provider and employer. USDA Rural Development, Sterling Centre, accounting of how outreach, training, Suite 601, 4121 Carmichael Road, Dated: January 31, 2008. Montgomery, AL 36106–3683, (334) 279– and other funds were expended. Ben Anderson, 3. Final project performance reports. 3623. Administrator, Rural Business-Cooperative Alaska These reports shall include all of the Service. requirements of the semi-annual [FR Doc. E8–2328 Filed 2–7–08; 8:45 am] USDA Rural Development, 800 West performance reports and responses to Evergreen, Suite 201, Palmer, AK 99645– the following: BILLING CODE 3410–XY–P 6539, (907) 761–7722. i. What have been the most Arizona challenging or unexpected aspects of DEPARTMENT OF AGRICULTURE this program? USDA Rural Development, 230 North First Avenue, Suite 206, Phoenix, AZ 85003– ii. What advice would the Grantee Rural Business-Cooperative Service give to other organizations planning a 1706, (602) 280–8717. similar program? These should include Announcement of Small, Minority Arkansas strengths and limitations of the Producer Grant Program Application USDA Rural Development, 700 West Capitol program. If the Grantee had the Deadlines Avenue, Room 3416, Little Rock, AR opportunity, what would they have 72201–3225, (501) 301–3280. AGENCY: Rural Business-Cooperative done differently? California iii. If an innovative approach was Service, USDA. used successfully, the Grantee should ACTION: Notice of solicitation of USDA Rural Development, 430 G Street, describe their program in detail so that applications. AGCY 4169, Davis, CA 95616, (530) 792– 5829. other organizations might consider SUMMARY: The Rural Business- Colorado replication in their areas. Cooperative Service announces the The final performance report is due availability of approximately $1.463 USDA Rural Development, 655 Parfet Street, within 90 days of the completion of the Room E–100, Lakewood, CO 80215, (720) million in competitive grant funds for project. 544–2903. fiscal year (FY) 2008 for cooperatives VII. Agency Contacts and associations of cooperatives to Delaware/Maryland For general questions about this assist small, minority agricultural USDA Rural Development, 1221 College Park announcement and for program producers. USDA Rural Development Drive, Suite 200, Dover, DE 19904, (302) 857–3580. technical assistance, applicants should Cooperative Programs hereby requests contact their USDA Rural Development proposals from eligible cooperatives and Florida/Virgin Islands associations of cooperatives for a State Office at http:// USDA Rural Development, 4440 NW. 25th www.rurdev.usda.gov/rbs/coops/rcdg/ competitively awarded grant to fund Place, Gainesville, FL 32606, (352) 338– Contacts.htm. The State Office can be technical assistance to small, minority 3482. agricultural producers in rural areas. reached by calling (202) 720–4323 and Georgia pressing ‘‘1’’. If an applicant is unable The maximum award per grant is $175,000. USDA Rural Development, 111 East Spring to contact their State Office, please St., Monroe, GA 30655, (770) 267–1413, contact a nearby State Office or the DATES: Applications for grants must be Ext. 113. USDA Rural Development National submitted on paper or electronically Office at 1400 Independence Avenue, according to the following deadlines: Hawaii SW., Mail Stop 3250, Rm. 4016–South, Paper copies must be postmarked and USDA Rural Development, Federal Building, Washington, DC 20250–3250, telephone: mailed, shipped, or sent overnight no Room 311, 154 Waianuenue Avenue, Hilo, (202) 720–7558, e-mail: later than April 8, 2008, to be eligible HI 96720, (808) 933–8313. [email protected]. for FY 2008 grant funding. Late Idaho applications are not eligible for FY 2008 The U.S. Department of Agriculture USDA Rural Development, 9173 West Barnes (USDA) prohibits discrimination in all grant funding. Drive, Suite A1, Boise, ID 83709, (208) its programs and activities on the basis Electronic copies must be received by 378–5623. of race, color, national origin, age, April 8, 2008, to be eligible for FY 2008 disability, and where applicable, sex, grant funding. Late applications will not Illinois marital status, familial status, parental be eligible for FY 2008 grant funding. USDA Rural Development, 2118 West Park status, religion, sexual orientation, ADDRESSES: Application materials for Court, Suite A, Champaign, IL 61821, (217) genetic information, political beliefs, the Small, Minority Producers Grant 403–6202. reprisal, or because all or part of an Program (SMPG) may be obtained at Indiana individual’s income is derived from any http://www.rurdev.usda.gov/rbs/coops/ USDA Rural Development, 5975 Lakeside public assistance program. (Not all smpg/smpg.htm or by contacting the Blvd., Indianapolis, IN 46278, (317) 290– prohibited bases apply to all programs.) applicant’s USDA Rural Development 3100.

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Iowa North Carolina Washington USDA Rural Development, 873 Federal USDA Rural Development, 4405 Bland Road, USDA Rural Development, 1835 Black Lake Building, 210 Walnut Street, Des Moines, Suite 260, Raleigh, NC 27609, (919) 873– Blvd. SW., Suite B, Olympia, WA 98512, IA 50309, (515) 284–4714. 2040. (360) 704–7729. Kansas North Dakota West Virginia USDA Rural Development, 1303 SW First USDA Rural Development, Federal Building, USDA Rural Development, 75 High Street, American Place, Suite 100, Topeka, KS Room 208, 220 East Rosser Avenue, P.O. Room 320, Morgantown, WV 26505–7500, 66604–4040, (785) 271–2744. Box 1737, Bismarck, ND 58502–1737, (701) (304) 252–8644, Ext. 146. Kentucky 530–2065. Wisconsin USDA Rural Development, 771 Corporate Ohio USDA Rural Development, 4949 Kirschling Drive, Suite 200, Lexington, KY 40503, Court, Stevens Point, WI 54481, (715) 345– (859) 224–7435. USDA Rural Development, Federal Building, 7610. Room 507, 200 North High Street, Louisiana Columbus, OH 43215–2418, (614) 255– Wyoming USDA Rural Development, 3727 Government 2425. USDA Rural Development, Dick Cheney St., Alexandria, LA 71302, (318) 473–7960. Federal Building, 100 East B Street, Room Oklahoma Maine 1005, P.O. Box 11005, Casper, WY 82602– USDA Rural Development, 100 USDA, Suite 5006, (307) 233–6700. USDA Rural Development, 967 Illinois 108, Stillwater, OK 74074–2654, (405) 742– FOR FURTHER INFORMATION CONTACT: Visit Avenue, Suite 4, P.O. Box 405, Bangor, ME 1036. 04402–0405, (207) 990–9168. the program Web site at http:// Oregon www.rurdev.usda.gov/rbs/coops/smpg/ Massachusetts/Rhode Island/Connecticut USDA Rural Development, 1201 NE Lloyd smpg.htm for application assistance or USDA Rural Development, 451 West Street, contact a USDA Rural Development Suite 2, Amherst, MA 01002–2999, (413) Blvd., Suite 801, Portland, OR 97232–1274, 253–4319. (503) 414–3366. State Office. Applicants are strongly encouraged to contact their State Offices Michigan Pennsylvania well in advance of the deadline to USDA Rural Development, 3001 Coolidge USDA Rural Development, One Credit Union discuss their projects and ask any Road, Suite 200, East Lansing, MI 48823, Place, Suite 330, Harrisburg, PA 17110– questions about the application process. 2996, (717) 237–2182. (517) 324–5157. SUPPLEMENTARY INFORMATION: Minnesota Puerto Rico Overview USDA Rural Development, 375 Jackson St., USDA Rural Development, IBM Building, Suite 410, St. Paul, MN 55101, (651) 602– 654 Munoz Rivera Avenue, Suite 601, Hato Federal Agency: USDA Rural Business 7814. Rey, PR 00918–6106, (787) 766–5091, Ext. Cooperative Service. Funding Opportunity Title: Small, Mississippi 251. Minority Producer Grant. USDA Rural Development, Federal Building, South Carolina Announcement Type: Initial Suite 831, 100 West Capitol Street, Jackson, USDA Rural Development, Strom Thurmond announcement. MS 39269, (601) 965–5457. Federal Building, 1835 Assembly Street, Catalog of Federal Domestic Missouri Room 1007, Columbia, SC 29201, (803) Assistance Number: 10.771. 765–5881. USDA Rural Development, 601 Business DATES: Application Deadline: Loop 70 West, Parkade Center, Suite 235, South Dakota Completed applications for grants may Columbia, MO 65203, (573) 876–9320. USDA Rural Development, Federal Building, be submitted on paper or electronically Montana Room 210, 200 4th Street, SW, Huron, SD according to the following deadlines: USDA Rural Development, 900 Technology 57350, (605) 352–1142. Paper copies must be postmarked and mailed, shipped, or sent overnight no Blvd., Suite B, P.O. Box 850, Bozeman, MT Tennessee 59771, (406) 585–2540. later than April 8, 2008, to be eligible USDA Rural Development, 3322 West End for FY 2008 grant funding. Late Nebraska Avenue, Suite 300, Nashville, TN 37203– applications are not eligible for FY 2008 USDA Rural Development, 100 Centennial 1084, (615) 783–1341. grant funding. Mall North, Room 152 Federal Building, Complete electronic copies must be Lincoln, NE 68508, (402) 437–5554. Texas USDA Rural Development, 101 South Main received by April 8, 2008, to be eligible Nevada Street, Suite 102, Temple, TX 76501, (254) for FY 2008 grant funding. Late USDA Rural Development, 1390 S. Curry St., 742–9780. applications are not eligible for FY 2008 Carson City, NV 89703, (775) 887–1222, grant funding. Ext. 19. Utah I. Funding Opportunity Description New Jersey USDA Rural Development, Wallace F. Bennett Federal Building, 125 South State This notice is issued pursuant to the USDA Rural Development, 8000 Midlantic Street, Room 4311, Salt Lake City, UT Drive, Suite 500N, Mt. Laurel, NJ 08054, Agriculture, Rural Development, Food 84138, (801) 524–4328. (856) 787–7753. and Drug and Related Agencies Vermont/New Hampshire Appropriations Act 2008 that authorizes New Mexico not to exceed $1.463 million for USDA Rural Development, 6200 Jefferson USDA Rural Development, City Center, 3rd cooperatives or associations of Floor, 89 Main Street, Montpelier, VT Street, NE, Room 255, Albuquerque, NM cooperatives whose primary focus is to 05602, (802) 828–6069. 87109, (505) 761–4952. provide assistance to small, minority New York Virginia producers and whose governing board USDA Rural Development, 441 S. Salina St., USDA Rural Development, 1606 Santa Rosa and/or membership is comprised of at Suite 357, Syracuse, NY 13202, (315) 477– Road, Suite 238, Richmond, VA 23229, least 75 percent minority. The Secretary 6400. (804) 287–1594. of Agriculture has delegated the

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program’s administration to USDA Alaskan Natives, Hispanics, Asian and Technical Assistance—An advisory Rural Development Cooperative Pacific Islanders. service performed for the benefit of a Programs. Minority Association of small, minority agricultural producer The primary objective of this grant Cooperatives—An association of such as market research; product and/or program is to provide technical cooperatives whose primary focus is to service improvement; legal advice and assistance to small, minority provide assistance to small, minority assistance; feasibility study, business agricultural producers through eligible agricultural producers and where the plan, and marketing plan development; minority cooperatives and minority governing board and/or membership is and training. Technical assistance does associations of cooperatives. Grants are comprised of at least 75 percent not include the operating costs of a awarded on a competitive basis. The minority. cooperative being assisted. maximum award amount per grant is Minority Cooperative—A farmer- or $175,000. rancher-owned and -controlled II. Award Information business, organized and chartered as a Definitions Type of Award: Grant. cooperative, from which benefits are Fiscal Year Funds: FY 2008. Agency—Rural Business-Cooperative derived and distributed equitably on the Approximate Total Funding: $1.463 Service, an agency of the United States basis of use by each of the farmer or million. Department of Agriculture (USDA) rancher owners whose primary focus is Approximate Number of Awards: 8. Rural Development or a successor to provide assistance to small, minority Approximate Average Award: agency. agricultural producers and where the $175,000. Agricultural Commodity—An governing board and/or membership is Floor of Award Range: None. unprocessed product of farms, ranches, comprised of at least 75 percent Ceiling of Award Range: $175,000. nurseries, and forests. Agricultural minority. Anticipated Award Date: September commodities include: livestock, poultry, Operating Cost—The day-to-day 1, 2008. and fish; fruits and vegetables; grains, expenses of running a business; for Budget Period Length: 12 months. such as wheat, barley, oats, rye, triticale, example: utilities, rent, salaries, Project Period Length: 12 months. rice, corn, and sorghum; legumes, such depreciation, product production costs, as field beans and peas; animal feed and marketing and advertising, and other III. Eligibility Information forage crops; seed crops; fiber crops, basic overhead items. A. Eligible Applicants such as cotton; oil crops, such as Project—Includes all activities to be safflower, sunflower, corn, and funded by the Small Minority Applicants must be a minority cottonseed; trees grown for lumber and Agricultural Producer Grant and any cooperative or a minority association of wood products; nursery stock grown matching funds. cooperatives as defined in this Notice, commercially; Christmas trees; Small, Minority Agricultural and must be able to verify their legal ornamentals and cut flowers; and turf Producer—Minority persons or 100 structure as a cooperative in the State in grown commercially for sod. percent minority-owned entities, which they are incorporated. Agricultural commodities do not including farmers, ranchers, loggers, Individuals are not eligible for this include horses or animals raised as pets, agricultural harvesters, and fishermen, program. with gross annual sales of not more than such as cats, dogs, and ferrets. B. Cost Sharing or Matching Cooperative Programs—The office $250,000 that engage in the production within USDA Rural Development, and or harvesting of an agricultural No matching funds are required. its successor organization, that commodity. C. Other Eligibility Requirements administers programs authorized by the Rural and Rural Area—Includes all of Cooperative Marketing Act of 1926 (7 the territory of a State that is not within Use of Funds: Funds may only be U.S.C. 451, et seq.) and such other the outer boundary of any city or town used for technical assistance projects as programs identified in USDA having a population of 50,000 or more defined in this notice. regulations. and the urbanized area contiguous and Project Area Eligibility: The Project Economic Development—The adjacent to such city or town, as defined proposed must take place in a rural area. economic growth of an area as by the U.S. Bureau of the Census using Grant Period Eligibility: If awarded, evidenced by increase in total income, the latest decennial census of the United funds must be expended in 1 year. employment opportunities, decreased States. Applications must have a time frame of out-migration of population, value of Rural Development—A mission area no more than 365 days with the time production, increased diversification of within USDA consisting of the Office of period beginning no earlier than industry, higher labor force Under Secretary for Rural Development, October 1, 2008 and ending no later participation rates, increased duration Rural Development Business and than December 31, 2009. Projects must of employment, higher wage levels, or Cooperative Programs, Rural be completed within the 1-year time gains in other measurements of Development Housing Programs, and frame. The Agency will not approve economic activity, such as land values. Rural Development Utilities Programs requests to extend the grant period. Feasibility Study—An analysis of the and their successors. Applications that request funds for a economic, market, technical, financial, State—Includes each of the several time period ending after December 31, and management feasibility of a States, the Commonwealth of Puerto 2009, will not be considered for proposed Project. Rico, the Virgin Islands of the United funding. Minority—Individuals who have been States, Guam, American Samoa, the Completeness Eligibility: Applications subjected to racial, ethnic, gender Commonwealth of the Northern Mariana lacking sufficient information to prejudice or cultural bias within Islands, and, as may be determined by determine eligibility and scoring will be American society because of their the Secretary to be feasible, appropriate considered ineligible. Applications that identities as members of groups and and lawful, the Federated States of are non-responsive to this notice will be without regard to their individual Micronesia, the Republic of the considered ineligible. qualities. Minority groups are Women, Marshall Islands and the Republic of Multiple Grant Eligibility: An African Americans, American Indians, Palau. applicant may not submit more than one

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grant application in any one funding to determine whether the application is Laws. The applicant must apply as only cycle. complete and sufficiently responsive to one type of applicant. Activity Eligibility: Applications must the requirements set forth in this notice (ii) Use of Funds: The applicant must propose technical assistance, as defined to allow for an informed review. provide a detailed discussion on how in this notice, to benefit their members Information submitted as part of the the proposed project activities meet the or other small minority agricultural application will be protected to the definition of technical assistance. producers who are not members, in extent permitted by law. (iii) Project Area: The applicant must order to be considered for funding. 1. Form SF–424, ‘‘Application for provide specific information on where Applications having ineligible costs Federal Assistance.’’ The form must be the projects are planned to be located equaling more than 10 percent of total completed, signed and submitted as part and that the areas meet the definition of project costs will be determined of the application package. ‘‘rural area.’’ ineligible and will not be considered for Please note that applicants are (iv) Grant Period: The applicant must funding. Applications having ineligible required to have a Dun and Bradstreet provide a time frame for the proposed costs of 10 percent or less of total Data Universal Numbering System project and discuss how the project will project costs and which are selected for (DUNS) number. The DUNS number is be completed within that time frame. funding, must remove all ineligible a nine-digit identification number, 7. Budget/Work plan: The applicant costs from the budget and replace them which uniquely identifies business must describe, in detail not to exceed with eligible activities or the amount of entities. There is no charge. To obtain a four pages, the purpose of the grant, the grant award will be reduced DUNS number, access http:// what type of assistance will be accordingly. Applicants may not submit www.dnb.com/us/ or call 866–705– provided, and the total amount of funds applications that duplicate current 5711. For more information, see the needed to assist for each project. The activities or activities paid for by other SMPG Web site at http:// budget must also present a breakdown federally funded grant programs. www.rurdev.usda.gov/rbs/coops/smpg/ of estimated costs associated with each smpg.htm or by contacting the task/activity for each project. The IV. Application and Submission applicant’s USDA Rural Development amount of grant funds requested will be Information State Office. In addition to the DUNS adjusted if the applicant does not have A. Address to Request Application number, an applicant must provide a justification for all costs. Package legal Employment Identification 8. Evaluation Criteria: Each of the Number. evaluation criteria referenced in this The application package for applying 2. Form SF–424A, ‘‘Budget notice must be addressed, specifically on paper for this funding opportunity Information-Non-Construction and individually on separate pages, in can be obtained at http:// Programs.’’ This form must be narrative form, not to exceed a total of www.rurdev.usda.gov/rbs/coops/smpg/ completed and submitted as part of the two pages for each evaluation criteria. smpg.htm. Alternatively, applicants application package. Failure to address each evaluation may contact their USDA Rural 3. Form SF–424B, ‘‘Assurances—Non- criteria will result in the application Development State Office using the Construction Programs.’’ This form must being determined ineligible. above list. For electronic applications, be completed, signed, and submitted as applicants must visit http:// part of the application package. C. Submission Dates and Times www.grants.gov and follow the 4. Table of Contents. For ease of Application Deadline Date: April 8, instructions. locating information, each application 2008. Explanation of Deadlines: Paper B. Content and Form of Submission must contain a detailed Table of Contents (TOC) immediately following applications must be postmarked and Applications must be submitted on the SF–424B. The TOC must include mailed, shipped, or sent overnight by paper or electronically. An application page numbers for each component of the the deadline date (see Section IV.F. for guide may be viewed at http:// application. Pagination should begin the address). Electronic applications www.rurdev.usda.gov/rbs/coops/smpg/ immediately following the TOC. must be received by http:// smpg.htm. It is recommended that 5. Executive Summary: A summary of www.grants.gov by the deadline date. applicants use the template provided on the proposal, not to exceed one page, Courier applications must be delivered the Web site. The template can be filled must briefly describe the project, tasks by the deadline date. If the Applicant’s out electronically and printed out for to be completed and other relevant application does not meet the deadline, submission with the required forms for information that provides a general it will not be considered for funding. paper submission or it can be filled out overview of the project. Applicants will be notified if their electronically and submitted as an 6. Eligibility Discussion: A detailed application did not meet the submission attachment through http:// discussion, not to exceed four pages, deadline. www.grants.gov. must describe how the applicant meets If the application is submitted the following requirements. D. Intergovernmental Review of electronically, the applicant must follow (i) Applicant Eligibility: Applicants Applications the instructions given at the Internet must be minority cooperatives or Executive Order (EO) 12372, address: http://www.grants.gov. minority associations of cooperatives Intergovernmental Review of Federal Applicants are advised to visit the site and must describe how they meet the Programs, applies to this program. This well in advance of the application definition of a ‘‘minority cooperative’’ EO requires that Federal agencies deadline if they plan to apply or ‘‘minority association of cooperative’’ provide opportunities for consultation electronically to ensure that they have as defined in the Definitions section of on proposed assistance with State and obtained the proper authentication and this Notice. Applicant must also verify local governments. Many states have have sufficient computer resources to their incorporation as a cooperative or established a Single Point of Contact complete the application. an association of cooperatives in the (SPOC) to facilitate this consultation. A Applicants must complete and submit State they have applied by providing the list of States that maintain an SPOC may the following elements. The Agency will State’s Certificate of Good Standing, and be obtained at http:// screen all applications for eligibility and their Articles of Incorporation and By- www.whitehouse.gov/omb/grants/

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spoc.html. If your State has an SPOC, F. Other Submission Requirements described experience to the work plan you may submit your application Applicants may submit their paper to determine relevance of experience. directly for review. Any comments application for a grant to their Rural (i) 0 points will be awarded if the staff obtained through the SPOC must be Development State Office listed under or consultants demonstrate no relevant provided to Rural Development for the ADDRESSES section. Applicants may experience in providing technical consideration as part of your submit their application electronically assistance; application. If your State has not at http://www.grants.gov. Applications (ii) 5 points will be awarded if at least established an SPOC or you do not want may not be submitted by electronic one of the identified staff or consultants to submit your application, Rural mail, facsimile, or hand-delivery. Each demonstrates more than two years of Development will submit your application submission must contain all experience in providing relevant application to the SPOC or other required documents in one envelope, if technical assistance; appropriate agency or agencies. sent by mail or express delivery service. (iii) 10 points will be awarded if at You are also encouraged to contact least one of the identified staff or Cooperative Programs at 202–720–7558 V. Application Scoring Criteria Review consultants demonstrates 5 or more or [email protected] if you have Information years of experience in providing questions about this process. A. Criteria relevant technical assistance; or (iv) 15 points will be awarded if all of E. Funding Restrictions All eligible and complete applications the identified staff or consultants Grant funds must be used for will be evaluated based upon the demonstrate 5 or more years of technical assistance. No funds made following criteria. Failure to address any experience in providing relevant available under this solicitation shall be one of the following criteria by the technical assistance. application deadline will result in the used to: 3. Commitment. (0–15 points) The application being determined ineligible 1. Plan, repair, rehabilitate, acquire, or Agency will evaluate the applicant’s and the application will not be construct a building or facility, commitment to providing technical considered for funding. The total points including a processing facility; assistance to minority producers in rural possible for the criteria are 50. Any 2. Purchase, rent, or install fixed areas. Points will be awarded based application receiving less than 30 total equipment, including processing upon the number of agricultural, points will not be funded. minority producers being assisted. equipment; 1. Technical Assistance. (0–15 points) Applicants must list the number and 3. Purchase vehicles, including boats; The application will be evaluated to location of small, minority agricultural 4. Pay for the preparation of the grant determine the applicant’s ability to producers that will directly benefit from application; assess the needs of small minority the assistance provided. 5. Pay expenses not directly related to producers, plan and conduct the funded project; appropriate and effective assistance, and (i) 0 points will be awarded if the 6. Fund political or lobbying identify the expected outcomes of that applicant does not substantively address activities; assistance. this criterion. 7. Fund any activities prohibited by 7 (i) 0 points will be awarded if the (ii) 5 points will be awarded if the CFR parts 3015 and 3019; applicant does not substantively address proposed project will benefit 1–10 producers; 8. Fund architectural or engineering this criterion. (iii) 10 points will be awarded if the design work for a specific physical (ii) 1–4 points will be awarded if the proposed project will benefit 11–50 facility; applicant demonstrates weakness in producers; or 9. Fund any direct expenses for the addressing this criterion. (iv) 15 points will be awarded if the production of any commodity or (iii) 5–10 points will be awarded if the proposed project will benefit more than product to which value will be added, applicant demonstrates they meet part 50 producers. including seed, rootstock, labor for but not all of the criterion. 4. Local support. (0–5 points) harvesting the crop, and delivery of the (iv) 15 points will be awarded if the Applications will be reviewed for local commodity to a processing facility; applicant identifies specific needs of the minority producers to be assisted; support for the technical assistance 10. Fund research and development; clearly articulates a logical and detailed activities of the cooperative. Applicants 11. Purchase land; plan of assistance for addressing those that demonstrate strong support from 12. Duplicate current services or needs; and discusses realistic outcomes potential beneficiaries and other replace or substitute support previously of planned assistance. developmental organizations will provided; 2. Experience. (0–15 points) Points receive more points than those not 13. Pay costs of the project incurred will be awarded based upon length of evidencing such support. prior to the date of grant approval; experience of identified staff or (i) 0 points will be awarded if the 14. Pay for assistance to any private consultants in providing technical applicant does not substantively address business enterprise, which does not assistance, as defined in this notice. this criterion. have at least 51 percent ownership by Applicants must describe the specific (ii) 1 point will be awarded if the those who are either citizens of the type of technical assistance experience applicant provides or references 2–3 United States or reside in the United for each identified staff member or support letters that demonstrate States after being legally admitted for consultant, as well as years of substantive support from potential permanent residence; experience in providing that assistance. beneficiaries and/or support from local 15. Pay any judgment or debt owed to In addition, resumes for each individual organizations. the United States; staff member or consultant must be (iii) 2 points will be awarded if the 16. Pay the operating costs of included as an attachment, listing their applicant provides or references 4–5 cooperative and/or association of experience for the type of technical support letters that demonstrate cooperatives; or assistance proposed. The attachments substantive support from potential 17. Pay expenses for applicant will not count toward the maximum beneficiaries and/or support from local employee training. page total. The Agency will compare the organizations.

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(iv) 3 points will be awarded if the Unsuccessful applicants will receive objectives stated in the proposal, applicant provides or references 6–7 notification, including appeal rights, by identifying all tasks completed to date support letters that demonstrate mail. and providing documentation substantive support from potential supporting the reported results. If the B. Administrative and National Policy beneficiaries and/or support from local original schedule provided in the work Requirements organizations. plan is not being met, the report should (v) 4 points will be awarded if the 7 CFR parts 3015, 3019, and subparts discuss the problems or delays that may applicant provides or references 8–9 A and F of part 7 CFR 4284 are affect completion of the Project. support letters that demonstrate applicable to grants made under this Objectives for the next reporting period substantive support from potential notice. These regulations may be should be listed. Compliance with any beneficiaries and/or support from local obtained at http://www.gpoaccess.gov/ special condition on the use of award organizations. cfr/index.html. funds must be discussed. Reports are (vi) 5 points will be awarded if the The following additional due as provided in paragraph (1) of this applicant provides or references 10 requirements apply to grantees selected section. Supporting documentation support letters that demonstrate for this program: must also be submitted for completed substantive support from potential • Agency approved Grant Agreement. • tasks. The supporting documentation for beneficiaries and/or support from local Letter of Conditions. • completed tasks includes, but is not organizations. Form RD 1940–1, ‘‘Request for limited to, feasibility studies, marketing The applicant may submit a Obligation of Funds.’’ plans, business plans, articles of • Form RD 1942–46, ‘‘Letter of Intent maximum of 10 letters of support. These incorporation, and bylaws as they relate letters should be included as an to Meet Conditions.’’ • Form AD–1047, ‘‘Certification to the assistance provided. attachment to the application and will 3. Final project performance reports Regarding Debarment, Suspension, and not count against the maximum page comparing accomplishments to the Other Responsibility Matters—Primary total. Additional letters from industry objectives stated in the proposal, groups, commodity groups, local and Covered Transactions.’’ • Form AD–1048, ‘‘Certification identifying all tasks completed, and state government, and similar Regarding Debarment, Suspension, providing documentation supporting organizations should be referenced, but Ineligibility and Voluntary Exclusion— the reported results. If the original not included in the application package. Lower Tier Covered Transactions.’’ schedule provided in the work plan was When referencing these letters, provide • Form AD–1049, ‘‘Certification not met, the report must discuss the the name of the organization, date of the Regarding a Drug-Free Workplace problems or delays that affected letter, the nature of the support, and the Requirements (Grants).’’ completion of the project. Compliance name and title of the person signing the • Form RD 400–4, ‘‘Assurance with any special condition on the use of letter. Agreement.’’ award funds must be discussed. B. Review and Selection Process Additional information on these Supporting documentation for requirements can be found at http:// completed tasks must also be submitted. The Agency will screen all proposals www.rurdev.usda.gov/rbs/coops/smpg/ The supporting documentation for to determine whether the application is smpg.htm. completed tasks includes, but is not eligible and sufficiently responsive to Fund Disbursement: The Agency will limited to, feasibility studies, marketing the requirements set forth in this notice determine, based on 7 CFR Parts 3015, plans, business plans, articles of to allow for an informed review. 3016 and 3019, as applicable, whether incorporation, and bylaws as they relate Applications will be screened for disbursement of a grant will be by to the assistance provided. The final eligibility and scored by the State advance or reimbursement. As needed, performance report is due within 90 Offices, then submitted to the National but not more frequently than once every days of the completion of the project. Office for review and ranking. The 30 days, an original of SF–270, ‘‘Request The report must also include a summary National Office will review the scores for Advance or Reimbursement,’’ may at the end of the report with the number based upon the point allocation be submitted to Rural Development. of small minority agricultural producers specified in this notice. Applications Recipient’s request for advance shall not assisted to assist in documenting the will be funded in scoring rank order and be made in excess of reasonable outlays annual performance goals of the SMPG will be submitted to the Administrator for the month covered. program for Congress. in rank order with funding level Reporting Requirements: Grantees recommendations. The Administrator must provide Rural Development with VII. Agency Contacts will break scoring ties based on Agency an original or an electronic copy that For general questions about this priorities. includes all required signatures of the announcement and for program C. Anticipated Announcement and following reports. The reports should be technical assistance, please contact the Award Dates submitted to the Agency contact listed appropriate State Office as indicated in on the Grant Agreement and Letter of the ADDRESSES section of this notice. Award Date: The announcement of Conditions. Failure to submit award selections is expected to occur on VIII. Non-Discrimination Statement satisfactory reports on time may result or about September 1, 2008. in suspension or termination of the The U.S. Department of Agriculture VI. Award Administration Information grant. Grantees will submit: (USDA) prohibits discrimination in all 1. Form SF–269 or SF–269A. A its programs and activities on the basis A. Award Notices ‘‘Financial Status Report,’’ listing of race, color, national origin, age, Successful applicants will receive a expenditures according to agreed upon disability, and where applicable, sex, notification of tentative selection for budget categories, on a semi-annual martial status, familial status, parental funding from Rural Development. basis. Reporting periods end each March status, religion, sexual orientation, Applicants must comply with all 31 and September 30. Reports are due genetic information, political beliefs, applicable statutes, regulations, and this 30 days after the reporting period ends. reprisal, or because all or part of an notice before the grant award will 2. Semi-annual performance reports individual’s income is derived from any receive final approval. comparing accomplishments to the public assistance program. (Not all

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prohibited bases apply to all programs.) Regulatory Flexibility Act Certification date of this addition or options that may Persons with disabilities who require I certify that the following action will be exercised under those contracts. alternative means for communication of not have a significant impact on a Kimberly M. Zeich, program information (Braille, large substantial number of small entities. Director, Program Operations. print, audiotape, etc.) should contact The major factors considered for this USDA’s TARGET Center at (202) 720– [FR Doc. E8–2367 Filed 2–7–08; 8:45 am] certification were: BILLING CODE 6353–01–P 2600 (voice and TDD). To file a 1. The action will not result in any complaint of discrimination, write to additional reporting, recordkeeping or USDA, Director, Office of Civil Rights, other compliance requirements for small COMMITTEE FOR PURCHASE FROM 1400 Independence Avenue, SW., entities other than the small Washington, DC 20250–9410, or call PEOPLE WHO ARE BLIND OR organizations that will furnish the SEVERELY DISABLED (800) 795–3272 (voice) or (202) 720– products and service to the Government. 6382 (TDD). USDA is an equal 2. The action will result in Procurement List; Proposed additions opportunity provider and employer. authorizing small entities to furnish the and deletions Dated: January 31, 2008. products and service to the Government. Ben Anderson, 3. There are no known regulatory ACTION: Proposed additions to and Administrator, Rural Business-Cooperative alternatives which would accomplish deletions from the Procurement List. Service. the objectives of the Javits-Wagner- SUMMARY: The Committee is proposing O’Day Act (41 U.S.C. 46–48c) in [FR Doc. E8–2327 Filed 2–7–08; 8:45 am] to add to the Procurement List services connection with the products and BILLING CODE 3410–XY–P to be furnished by nonprofit agencies service proposed for addition to the employing persons who are blind or Procurement List. have other severe disabilities, and to COMMITTEE FOR PURCHASE FROM End of Certification delete products and a service previously PEOPLE WHO ARE BLIND OR Accordingly, the following products furnished by such agencies. SEVERELY DISABLED and service are added to the Comments Must be Received On or Procurement List: Before: March 9, 2008. Procurement List; Additions ADDRESSES: Committee for Purchase Products AGENCY: Committee for Purchase From From People Who Are Blind or Severely Brush, Dish, Ergo, Soap Squirting & Refill Disabled, Jefferson Plaza 2, Suite 10800, People Who Are Blind or Severely NSN: M.R. 871 Disabled. 1421 Jefferson Davis Highway, NSN: M.R. 872 Arlington, Virginia, 22202–3259. ACTION: Additions to the Procurement NPA: Cincinnati Association for the Blind, FOR FURTHER INFORMATION CONTACT: List. Cincinnati, OH Coverage: C-List for the requirements of the Kimberly M. Zeich, Telephone: (703) SUMMARY: This action adds to the Defense Commissary Agency, Fort Lee, 603–7740, Fax: (703) 603–0655, or Procurement List products and a service VA e-mail [email protected]. to be furnished by nonprofit agencies Contracting Activity: Defense Commissary SUPPLEMENTARY INFORMATION: employing persons who are blind or Agency (DeCA), Fort Lee, VA This notice is published pursuant to Liner, Low Density, Linear have other severe disabilities. NSN: 8105–00–NIB–1292 41 U.S.C. 47(a) (2) and 41 CFR 51–2.3. DATES: Effective Date: March 9, 2008. NPA: Envision, Inc., Wichita, KS Its purpose is to provide interested ADDRESSES: Committee for Purchase Coverage: C-List for the requirements of the persons an opportunity to submit From People Who Are Blind or Severely Defense Commissary Agency, Fort Lee, comments on the proposed actions. Disabled, Jefferson Plaza 2, Suite 10800, VA Contracting Activity: Defense Commissary Additions: 1421 Jefferson Davis Highway, Agency (DeCA), Fort Lee, VA If the Committee approves the Arlington, Virginia 22202–3259. Folder, Classification, Pressboard proposed additions, the entities of the FOR FURTHER INFORMATION CONTACT: NSN: 7530–00–NIB–0824—Legal Size—1 Federal Government identified in this Kimberly M. Zeich, Telephone: (703) Divider/4 Part—Earth Red. notice for each service will be required NSN: 7530–00–NIB–0825—Legal Size—1 603–7740, Fax: (703) 603–0655, or to procure the services listed below e-mail [email protected]. Divider/4 Part—Light Green. NPA: Georgia Industries for the Blind, from nonprofit agencies employing SUPPLEMENTARY INFORMATION: On Bainbridge, GA. persons who are blind or have other December 7 and December 14, 2007, the Coverage: A-List for the total Government severe disabilities. Committee for Purchase From People requirements as specified by the General Who Are Blind or Severely Disabled Services Administration. Regulatory Flexibility Act Certification published notice (72 FR 69181; 71114) Contracting Activity: General Services I certify that the following action will of proposed additions to the Administration, Office Supplies & Paper not have a significant impact on a Procurement List. Products Acquisition Ctr, New York, NY. substantial number of small entities. After consideration of the material Service The major factors considered for this presented to it concerning capability of Service Type/Location: Custodial Services, certification were: qualified nonprofit agencies to provide National Institute of Standards and 1. If approved, the action will not the products and services and impact of Technology (NIST), Facility-Wide, result in any additional reporting, the additions on the current or most Gaithersburg, MD. recordkeeping or other compliance recent contractors, the Committee has NPA: Didlake, Inc., Manassas, VA. requirements for small entities other determined that the products and Contracting Activity: National Institutes of than the small organizations that will services listed below are suitable for Standards & Technology, Gaithersburg, furnish the services to the Government. procurement by the Federal Government VA. 2. If approved, the action will result under 41 U.S.C. 46–48c and 41 CFR 51– This action does not affect current in authorizing small entities to furnish 2.4. contracts awarded prior to the effective the services to the Government.

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3. There are no known regulatory O’Day Act (41 U.S.C. 46–48c) in NPA: Arizona Industries for the Blind, alternatives which would accomplish connection with the products and Phoenix, AZ the objectives of the Javits-Wagner- services proposed for deletion from the NPA: Blind Industries & Services of O’Day Act (41 U.S.C. 46–48c) in Procurement List. Maryland, Baltimore, MD Comments on this certification are NPA: Mississippi Industries for the Blind, connection with the services proposed Jackson, MS for addition to the Procurement List. invited. Commenters should identify the Comments on this certification are statement(s) underlying the certification Contracting Activity: Defense Supply Center invited. Commenters should identify the on which they are providing additional Philadelphia, Philadelphia, PA statement(s) underlying the certification information. Contracting Activity: Veterans Affairs National Acquisition Center, Hines, IL on which they are providing additional End of Certification information. Service: The following products and service End of Certification Service Type/Location: Commissary Shelf are proposed for deletion from the Stocking & Custodial, Fort Stewart, GA The following services are proposed Procurement List: NPA: Unknown for addition to Procurement List for Products: production by the nonprofit agencies Contracting Activity: Defense Commissary listed: Clocks, Atomic Standard, Thermometer Agency (DeCA), Fort Lee, VA NSN: 6645–01–491–9837 Services: Kimberly M. Zeich, NSN: 6645–01–491–9840 Director, Program Operations. Service Type/Location: Custodial Services NSN: 6645–01–491–9841 Air National Guard, 1401 Robert B. NSN: 6645–01–491–9844 [FR Doc. E8–2366 Filed 2–7–08; 8:45 am] Miller Jr. Drive, Garden City, GA NSN: 6685–01–492–0910 BILLING CODE 6353–01–P NPA: Trace, Inc., Boise, ID. NPA: The Chicago Lighthouse for People Contracting Activity: Air National Guard, who are Blind or Visually Impaired, 165th Air Wing, Garden City, GA Chicago, IL Service Type/Location: Janitorial/Custodial Contracting Activity: General Services DEPARTMENT OF COMMERCE Services, U.S. Coast Guard, Integrated Administration, Office Supplies & Paper Support Command (ISC), San Pedro Products Acquisition Ctr, New York, NY Bureau of the Census Terminal Station, San Pedro, CA NPA: Elwyn, Inc., Aston, PA. Wrapper, Sterilization Contracting Activity: U.S. Coast Guard [Docket Number 070111009–7786–02] -Alameda, Alameda, CA NSN: 6530–00–197–9223 Service Type/Location: Laundry Services, NSN: 6530–00–926–4902 Census County Division and Blanchfield Army Community Hospital NSN: 6530–00–926–4903 Equivalent Entities Program for the (BACH), Fort Campbell, KY NSN: 6530–00–926–4904 2010 Census-Final Criteria NPA: Lakeview Center, Inc., Pensacola, FL. NSN: 6530–00–926–4905 Contracting Activity: Department of the NSN: 6530–00–197–9283 AGENCY: Bureau of the Census, Army, Southeast Regional Contracting NPA: Alabama Industries for the Blind, Commerce. Office (SERCO), Fort Gordon, GA Talladega, AL Service Type/Location: Laundry Services, NPA: Blind Industries & Services of ACTION: Notice of final criteria and Fort Campbell, Fort Campbell, KY Maryland, Baltimore, MD program implementation. NPA: Lakeview Center, Inc., Pensacola, FL. NPA: Mississippi Industries for the Blind, Jackson, MS Contracting Activity: Department of the SUMMARY: This Notice announces the Army, Army Contracting Agency, NSN: 6530–00–197–9228 Bureau of the Census’ (Census Bureau’s) NPA: Alabama Industries for the Blind, Directorate of Contracting, Fort final criteria for defining census county Campbell, KY Talladega, AL Service Type/Location: Laundry Services, Air NPA: Arizona Industries for the Blind, divisions (CCDs) and equivalent entities National Guard-Sioux City, 185th Air Phoenix, AZ for the 2010 Census. Based on responses Refeuling Wing, 2920 Headquarters NPA: Blind Industries & Services of to the request for comments on Avenue, Sioux City, IA Maryland, Baltimore, MD proposed criteria published in the NPA: Genesis Development, Jefferson, IA. NPA: Mississippi Industries for the Blind, Federal Register of April 6, 2007 (72 FR Contracting Activity: Iowa Air National Jackson, MS 17324), the Census Bureau will retain Guard, Sioux City, IA. Contracting Activity: Veterans Affairs CCDs as a statistical geographic entity National Acquisition Center, Hines, IL Deletions: for use in tabulating and presenting data NSN: 6530–01–036–0398 from the decennial census, the Regulatory Flexibility Act Certification NPA: Unknown NSN: 6530–01–244–2776 American Community Survey (ACS), I certify that the following action will NSN: 6530–01–244–9946 and, as appropriate, other censuses and not have a significant impact on a NSN: 6530–01–246–0156 surveys. substantial number of small entities. NSN: 6530–01–246–1935 CCDs and equivalent entities are The major factors considered for this NSN: 6530–01–248–4813 statistical geographic entities certification were: NPA: Alabama Industries for the Blind, established cooperatively by the Census 1. If approved, the action should not Talladega, AL NPA: Arizona Industries for the Blind, Bureau and officials of state and local result in additional reporting, 1 Phoenix, AZ governments in 22 states where minor recordkeeping or other compliance NPA: Blind Industries & Services of civil divisions (MCDs) either do not requirements for small entities. Maryland, Baltimore, MD exist or have been unsatisfactory for 2. If approved, the action may result NPA: Mississippi Industries for the Blind, reporting census data. The primary goal in authorizing small entities to furnish Jackson, MS of the CCD program has been to the products and service to the Contracting Activity: Defense Supply Center establish and maintain a set of Government. Philadelphia, Philadelphia, PA 3. There are no known regulatory NSN: 6530–00–299–9603 1 In Alaska, census subareas are equivalents of alternatives which would accomplish NPA: Alabama Industries for the Blind, CCDs. For purposes of this notice, the term ‘‘CCD’’ the objectives of the Javits-Wagner- Talladega, AL will also refer to census subareas in Alaska.

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subcounty 2 units that have stable comment on proposed criteria for CCDs. ongoing planning and policy analysis boundaries and recognizable names. In addition, the Census Bureau sought needs of local and state government In addition to providing final criteria comment regarding the continued agencies. County commissioner districts for CCDs, this notice also contains a identification and use of CCDs as in Tennessee are legal entities defined summary of comments received in statistical geographic areas for the for the purpose of electing county response to proposed criteria published tabulation, presentation, and analysis of commissioners, and are a type of legal, in the April 6, 2007, Federal Register statistical data. In raising the question of administrative MCD. They are redefined (72 FR 17324), as well as both the continued identification of CCDs, the after each decennial census, and their Census Bureau’s response to those Census Bureau sought to ascertain the boundaries generally remain stable and comments and a description of the extent to which data users still found unchanged through the decade. When changes made to the criteria. CCDs to be useful geographic areas considering this request, the Census DATES: This notice’s final criteria will be given that census tracts are defined Bureau sought additional comment from effective on February 8, 2008. nationwide, and that census tract-level data users in Tennessee, working FOR FURTHER INFORMATION CONTACT: The statistical data are widely available and through the Tennessee State Data Center Geographic Standards and Criteria more easily manipulated using (SDC) and its network of affiliates. Branch, Geography Division, U.S. prevailing spreadsheet, database, and Responses to the Tennessee SDC’s Census Bureau, via e-mail at geographic information system software. request for comment generally favored [email protected] or telephone at The Census Bureau noted that it would adoption of county commissioner (301) 763–3056. consider eliminating CCDs as a census districts as the county subdivision type SUPPLEMENTARY INFORMATION: geographic area if commenters no longer for use in tabulating and presenting found them to be useful for data Census Bureau data, and concurred with I. History presentation and analysis. If comments the Office of Information Resources When CCDs were introduced prior to indicated continued relevance, the request to replace CCDs with county the 1950 Census, few alternatives were Census Bureau would retain CCDs. commissioner districts. available for the provision of statistical The Census Bureau received 172 In accepting Tennessee’s request to data related to relatively stable, comments in response to the proposed switch from CCDs to county subcounty geographic units. Census criteria, all specifically in response to commissioner districts (a type of MCD), tracts were defined in only a subset of the issue of whether to retain or the Census Bureau also offers other CCD metropolitan area counties. MCDs eliminate CCDs. Commenters states the opportunity to replace CCDs existed in all counties, but in some represented a broad range of data users, with MCDs, provided the following states, MCD boundaries changed including individual data users; local, conditions are met: frequently enough that they were not state, and federal government agencies; 1. There is demonstrated support from useful for comparing statistical data nonprofit and nongovernmental a wide range of data users within the from one decade to another. organizations; and private sector state for the switch from current CCDs For much of the period from the 1950 organizations and companies. to a legally existing county subdivision; Census through the 1980 Census, county The Census Bureau received 164 2. The type of MCD selected for subdivisions (MCDs and CCDs) comments in favor of retaining CCDs, adoption exists in all counties provided the only subcounty unit of noting their continued relevance as throughout the state and is well known geography at which data users could geographic areas for data presentation or easily identifiable by data users; and obtain statistical data for complete and analysis. Of these, 154 comments 3. The type of MCD selected has coverage of counties nationwide. The related specifically to retaining the San relatively stable boundaries, with introduction of block numbering areas Fernando Valley CCD in Los Angeles changes generally limited to updates or (BNAs) in counties without census County, California. Of the other redistricting once following each tracts for the 1990 Census offered an comments in favor of retaining CCDs, census, but stable through the alternate subcounty entity for which six were received from state remainder of the decade. data could be tabulated. For Census departments of health, noting that data The Census Bureau will consider 2000, the Census Bureau introduced for CCDs are used for analysis and requests from the other 21 CCD states to census tracts nationwide (in many program implementation, particularly in replace CCDs with a type of MCD, based counties, BNAs were simply relabeled less populated counties in which CCDs on the conditions stated above. If the as ‘‘census tracts’’) and the greater subdivide census tracts and, therefore, MCDs are to be used for the tabulation dissemination of, and ability to analyze, provide data for smaller geographic of data from the 2010 Census, requests data at the census tract level made CCDs areas and populations. must be received in writing by April 15, less necessary as statistical reporting Of the remaining eight comments, 2008, to provide the Census Bureau units. four were in response to a survey sufficient time to consult with data conducted in the San Fernando Valley, users in the state through the State Data II. Summary of Comments Received in with three in favor of eliminating CCDs Center and its network of affiliates, Response to the Proposed Criteria and one undecided. Two commenters (a prepare geographic update materials, The April 6, 2007, Federal Register national trade association and a and process boundary submissions. (72 FR 17324) notice requested nongovernmental policy research organization) favored elimination of Changes to the Criteria From the 2 For Census Bureau purposes, the term ‘‘county’’ CCDs, stating that as a result of Proposed Rule includes parishes in Louisiana; boroughs, city and nationwide availability of data for The changes made to the final criteria boroughs, municipalities, and census areas in Alaska; independent cities in Maryland, Missouri, census tracts, they no longer analyzed (from the proposed criteria) in ‘‘Section Nevada, and Virginia; districts and islands in data by CCD. III, General principles and criteria for American Samoa, and districts in the U.S. Virgin The Tennessee Office of Information CCDs for the 2010 Census’’ are as Islands; municipalities in the Commonwealth of the Resources requested replacement of follows: Northern Mariana Islands; municipios in Puerto Rico; and the areas constituting the District of CCDs in Tennessee with county 1. Paragraph 1 in this section Columbia and Guam. This notice will refer to all of commissioner districts, commenting appeared in Section C, ‘‘CCD Criteria for these entities collectively as ‘‘counties.’’ that the latter were more relevant to the the 2010 Census,’’ in the previous

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Federal Register notice (April 6, 2007; and avoid needless changes that may Census Bureau data, particularly in 72 FR 17324). We have moved it to the result in confusion among data users. states in which MCDs do not provide beginning of Section III in the final governmental services and functions, III. General Principles and Criteria for criteria because the wording applies to and in which MCD boundaries tend to CCDs for the 2010 Census both the general principles and change between decennial censuses. As delineation criteria. We removed the The criteria outlined herein apply to of Census 2000, CCDs were defined in reference to American Indian the United States,3 Puerto Rico, and the 22 states: Alabama, Alaska, Arizona, reservations and off-reservation trust Island Areas.4 In accordance with the California, Colorado, Delaware, Florida, lands because these areas are, by final criteria, the Census Bureau may Georgia, Hawaii, Idaho, Kentucky, definition, within the United States. modify and, if necessary, reject any Montana, Nevada, New Mexico, 2. Section A, ‘‘General principles,’’ proposals for CCDs that do not meet the Oklahoma, Oregon, South Carolina, paragraph 3, reworded several sentences established criteria. In addition, the Tennessee, Texas, Utah, Washington, to provide greater clarity regarding the Census Bureau reserves the right to and Wyoming. North Dakota adopted relationship between CCDs and census modify the boundaries and attributes of CCDs for use in tabulating and tracts. CCDs as required to maintain presenting data from the 1970 Census. 3. Section A, ‘‘General principles,’’ established geographic relationships Following the 1970 Census, North paragraph 4, added three sentences to before the final tabulation geography is Dakota requested that the Census clarify North Dakota’s and Tennessee’s set for the 2010 Census. Bureau again use MCDs to tabulate and requests to use MCDs rather than CCDs A. General Principles present statistical data. For the 2010 for tabulating data. We made this Census, Tennessee has requested that change to note Tennessee’s recent 1. The primary goal of the CCD the Census Bureau replace its CCDs request in response to the April 6, 2007, program is to establish and maintain a with county commissioner districts, a Federal Register (72 FR 17234). The set of subcounty units that have stable type of legal, administrative MCD. reference to North Dakota’s request for boundaries and recognizable names. the 1970 Census was added to provide The boundaries of CCDs usually B. CCD Criteria for the 2010 Census an example of a state that had shifted coincide with visible features or stable, CCDs must (1) have community from CCDs to MCDs. significant legal boundaries, such as the orientation, (2) have visible and/or 4. Section B, ‘‘CCD Criteria for the boundary of an American Indian stable boundaries, (3) conform to census 2010 Census,’’ added the first reservation, federally managed land, or tract boundaries, and (4) have paragraph, summarizing the criteria that conjoint incorporated places. CCDs have recognizable names. follow in more detail. no legal status as statistical geographic 5. Section B, ‘‘CCD Criteria for the entities and are defined only for the 1. Community Orientation 2010 Census,’’ criteria relating to tabulation and presentation of statistical Each CCD should center on one or community orientation, added the data. more places and encompass additional words ‘‘together form a cohesive 2. A CCD usually represents a single surrounding territory that together form community area’’ to provide greater contiguous area consisting of one or a cohesive community area. The clarity. more communities, trading centers, or, definition of community should take 6. Section B, ‘‘CCD Criteria for the in some instances, major land uses that into account factors such as production, 2010 Census,’’ criteria relating to visible are relatively compact in shape. marketing, consumption, and the and/or stable boundaries, changed 3. A CCD shall have a relationship to integrating factor of local institutions. wording in the last sentence from existing census tracts, either The locality on which a CCD is ‘‘permits’’ to ‘‘requires’’ that CCDs encompassing one or more census tracts centered usually is an incorporated follow state, county, and census tract or having two or more CCDs nest within place or an unincorporated community, boundaries. This change in wording is a single census tract. The boundaries of which might be identified as a census consistent with wording elsewhere in a CCD, or combination of nested CCDs, designated place. In some cases, the the criteria, with the stated intent of the align with census tract boundaries. Note CCD may center on a major area of CCD program, and with past practice. that a county with a population less significantly different topography, land Additional wording changes were made than the optimum population for a use, or ownership, such as a large to improve clarity. census tract (less than 4,000 people) military installation or American Indian 7. Section B, ‘‘CCD Criteria for the may contain more CCDs than census reservation. A CCD should always 2010 Census,’’ criteria relating to census tracts. For example, McCone County, comprise a reasonably compact, tract boundaries, removed the reference Montana, which has a 2006 estimated continuous land area, generally with to the Puerto Rico Community Survey population of 1,760, contains only one road access to all areas within the CCD. because CCDs are not defined in Puerto census tract, but is divided into two Rico. We also deleted the requirement CCDs. 2. Visible and/or Stable Boundaries that new CCDs must have a minimum 4. Since the 1950s, the Census Bureau To make the location of CCD population of 1,200 (the minimum has worked with state and local officials boundaries less ambiguous, the threshold for a census tract) because to replace MCDs with CCDs for the boundaries should follow, wherever population thresholds and requirements collection, presentation, and analysis of possible, visible and identifiable are not consistent with the general features. The use of visible features concept of a CCD. 3 For Census Bureau purposes, the United States makes it easier to locate and identify 8. Section B, ‘‘CCD Criteria for the includes the 50 states and the District of Columbia. CCD boundaries over time, as the 4 For Census Bureau purposes, the Island Areas 2010 Census,’’ criteria relating to name include American Samoa, the Commonwealth of locations of most visible features in the identification, we added a requirement the Northern Mariana Islands, Guam, the U.S. landscape change infrequently, making that the name of an existing CCD may Virgin Islands, and the U.S. Minor Outlying Islands. data collection easier and more reliable, not be changed unless a compelling The U.S. Minor Outlying Islands are an aggregation while reducing the possibility for data of nine U.S. territories: Baker Island, Howland reason is provided. This addition is Island, Jarvis Island, Johnston Atoll, Kingman Reef, allocation errors. The Census Bureau intended to promote consistency and the Midway Islands, Navassa Island, Palmyra Atoll, requires that CCDs follow state and continuity from one census to another and Wake Island. county boundaries, conform to census

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tract boundaries, and allows CCDs to 4. Name Identification communities, pueblos, rancherias, and follow the boundaries of federally • The names of existing CCDs shall reserves apply to American Indian recognized American Indian not be changed unless a compelling reservations. reservations, and federal-, state-, or reason is provided, such as when the Block group—A statistical subdivision locally-managed land. name from which the CCD was derived of a census tract consisting of all census The following features are acceptable: has changed, as in the case of blocks whose numbers begin with the a. County boundaries (always a CCD same digit in a census tract. A block boundary); Bainbridge Island, Washington, when the name of the city (Winslow) changed. group is the smallest geographic entity b. Census tract boundaries, which • for which the Census Bureau normally usually follow visible, perennial, A new CCD usually is named after the largest population center or tabulates sample data. natural, and cultural features, such as Census block—A geographic area roads, rivers, canals, railroads, or above- historically central place within it (e.g., Taos, Chimayo, or Ohkay Owingeh, bounded by visible and/or nonvisible ground, high-tension power lines; features in the Census Bureau’s Master c. Legally defined, federally New Mexico). • Address File/Topologically Integrated recognized American Indian reservation Where a CCD contains multiple centers with relatively equal Geographic Encoding and Referencing boundaries; database. A block is the smallest d. The boundaries of federal-, state-, importance, a CCD name may represent geographic entity for which the Census or locally-managed land, such as the two or three centers (e.g., Mount Bureau tabulates decennial census data. National Parks, National Monuments, Pleasant-Moroni, Utah). Census designated place—A National Forests, other types of large • A CCD may be named after the statistical geographic entity with a parks or forests, airports, marine ports, American Indian Reservation (e.g., concentration of population, housing, prisons, military installations, or other Hualapai, Arizona or Nez Perce, Idaho) and commercial structures that is facilities; and or a prominent land use area (e.g., e. Conjoint city limits (in certain Federal Reservation, Washington or identifiable by name, but is not within situations, such as city limits that Yellowstone National Park, Wyoming) an incorporated place. change infrequently). in which it is partially or wholly Census tract—A small, relatively f. When the above types of features located. permanent statistical geographic are not available for use as CCD • A CCD may be named after a division of a county defined for the boundaries, the Census Bureau may, at prominent physical feature (e.g., Mount tabulation and publication of Census its discretion, approve other Rainier, Washington) or a distinctive Bureau data. The primary goal of the nonstandard, visible features, such as region within the county (e.g., Death census tract program is to provide a set ridge lines, above-ground pipelines, Valley, California; Everglades and of nationally consistent small, statistical streams, or fence lines. The Census Lower Keys, Florida). geographic units, with stable boundaries Bureau may also accept, on a case-by- • If there is no clear cultural focus or that facilitate analysis of data across case basis, the boundaries of selected topographic name that can be applied, time. nonstandard and potentially nonvisible a CCD name shall consist of the county Conjoint—A description of a features, such as the boundaries of name and a compass direction to boundary shared by two adjacent cemeteries, golf courses, glaciers, or the indicate the portion of the county in the geographic areas. straight-line extensions of visible CCD or a place name and a compass Contiguous—A description of a features and other lines-of-sight. direction to give the CCD location geographic entity having an relative to the place. The directional uninterrupted outer boundary, such that 3. Census Tract Boundaries; Population indicator precedes a county name (e.g., it forms a single, connected piece of Size Northeast Cobb, Georgia). If a place territory. Noncontiguous areas form Whenever possible, a CCD should name is used, the directional indicator separate, disconnected pieces. encompass one or more contiguous follows it (e.g., Del Rio Northwest, Federally managed land—Territory census tracts, or multiple CCDs should Texas). that is federally owned and/or constitute a single census tract. In all cases, the objective is to clearly administered by an agency of the U.S. Therefore, CCD boundaries should be identify the extent of the CCD by means federal government, such as the consistent with census tract boundaries. of an area name since CCD names National Park Service, Bureau of Land Population size is not as important a always should be meaningful to data Management, or Department of Defense. consideration with CCDs as it is with users. Any name used as a CCD name Incorporated place—A type of census tracts. Historically, CCDs have must also be recognized by the Board on governmental unit, incorporated under ranged from a few hundred people (in Geographic Names for federal use and state law as a city, town (except in New selected situations) to more than one appear in the Geographic Names England, New York, and Wisconsin), million. However, data quality and Information System maintained by the borough (except in Alaska and New availability may be factors that local U.S. Geological Survey. This includes York), or village, generally to provide governments and planners should any individual names combined to specific governmental services for a consider in defining statistical make a hyphenated CCD name. concentration of people within legally geographic areas. As a general rule, prescribed boundaries. period estimates of demographic IV. Definitions of Key Terms Minor civil division—The primary characteristics of small population areas American Indian reservation—A governmental or administrative division from the ACS will be subject to higher federally recognized American Indian of a county in 28 states, Puerto Rico, variances than comparable period land area with boundaries established and the Island Areas having legal estimates for areas with larger by final treaty, statute, executive order, boundaries, names, and descriptions. populations. In addition, the Census and/or court order, and over which a MCDs represent many different types of Bureau’s disclosure rules may have the federally recognized American Indian legal entities with a wide variety of effect of restricting the availability and tribal government has governmental characteristics, powers, and functions amount of data for areas with small authority. Along with reservations, depending on the state and type of populations. designations such as colonies, MCD. In some states, some or all of the

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incorporated places also constitute Dated: February 5, 2008. boycotted country, an activity MCDs. Gwellnar Banks, prohibited by Section 760.2(d) of the Nonvisible feature—A map feature Management Analyst, Office of the Chief Regulations, and not excepted. that is not visible on the ground, such Information Officer. BIS and AR–AM having entered into as a city or county boundary through [FR Doc. E8–2373 Filed 2–7–08; 8:45 am] a Settlement Agreement pursuant to space, a property line running through BILLING CODE 3510–06–P Section 766.18(a) of the Regulations space, a short line-of-sight extension of whereby the parties have agreed to settle a road to another visible feature, or a this matter in accordance with the terms point-to-point line of sight. DEPARTMENT OF COMMERCE and conditions set forth therein and the terms of the Settlement Agreement Visible feature—A map feature that Bureau of Industry and Security having been approved by me; can be seen on the ground, such as a It is therefore ordered that: Action Affecting Export Privileges: road, railroad track, major above-ground First, a civil penalty of $7,200 is AR–AM Medical Services LLC; In the transmission line or pipeline, river or assessed against AR–AM. Payment shall Matter of AR–AM Medical Services stream, shoreline, fence, sharply defined be suspended for a period of two years LLC; Case No. 06–08 mountain ridge, or cliff. A nonstandard from the date of entry of this Order and visible feature is a feature that may not Order thereafter shall be waived, provided be clearly defined on the ground (such that, during the period of suspension, The Office of Antiboycott as a ridge), may be seasonal (such as an AR–AM has committed no violation of Compliance, Bureau of Industry and intermittent stream), or may be the Act and Regulations or any order Security, U.S. Department of Commerce relatively impermanent (such as a issued thereunder. (‘‘BIS’’), having determined to initiate fence). The Census Bureau generally Second, for a period of two years from an administrative proceeding pursuant requests verification that nonstandard the date of entry of this Order, AR–AM to Section 11(c) of the Export features pose no problem in their Medical Services LLC (Great Neck, New Administration Act of 1979, as amended location during fieldwork by Census York) (‘‘Denied Person’’) may not (50 U.S.C. 2401–2420 (2000)) (the Bureau staff. participate, directly or indirectly, in any ‘‘Act’’) 1 and the Export Administration way in any transaction involving any Executive Order 12866 Regulations (currently codified at 15 commodity, software or technology CFR Parts 730–774 (2007) (the This notice has been determined to be (collectively, ‘‘item’’) exported or to be ‘‘Regulations’’), against AR–AM Medical not significant under Executive Order exported from the United States to Services LLC (‘‘AR–AM’’), a domestic 12866. Bahrain, Iraq, Kuwait, Lebanon, Libya, concern, based on allegations set forth Oman, Qatar, Saudi Arabia, Syria, the Paperwork Reduction Act in the Proposed Charging Letter, dated United Arab Emirates or the Republic of April 17, 2006, that alleged that AR–AM Yemen (collectively, the ‘‘Territory’’) This program notice does not committed three violations of the that is subject to the Regulations, or in represent a collection of information Regulations; subject to the requirements of the any other activity relating to the * * * * * Territory that is subject to the Paperwork Reduction Act, 44 U.S.C., Specifically, the charges are: Chapter 35. Regulations, including, but not limited 1. Three Violations of 15 CFR to: 760.2(d)—Furnishing Information about Dated: February 5, 2008. A. Applying for, obtaining, or using Business Relationships With Boycotted Steve H. Murdock, any license, License Exception, or Countries or Blacklisted Persons: During Director, Bureau of the Census. export control document, relating to the the years 2001 and 2002, AR–AM [FR Doc. E8–2348 Filed 2–7–08; 8:45 am] Territory; engaged in transaction(s) involving the B. Carrying on negotiations BILLING CODE 3510–07–P sale and/or transfer of goods or services concerning, or ordering, buying, (including information) from the United receiving, using, selling, delivering, States to Syria. In connection with these DEPARTMENT OF COMMERCE storing, disposing of, forwarding, activities, on three occasions, AR–AM, transporting, financing, or otherwise with intent to comply with, further or Bureau of Economic Analysis servicing in any way, any transaction support an unsanctioned foreign involving any item exported or to be boycott, furnished information Submission for OMB Review; exported fro the United States to the concerning its or another person’s Comment Request; Correction Territory that is subject to the business relationships with or in a Regulations, or in any other activity AGENCY: Bureau of Economic Analysis relating to the Territory subject to the (BEA), Department of Commerce. 1 From August 21, 1994 through November 12, 2000, the Act was in lapse. During that period, the Regulations; or This notice corrects the notice President, through Executive Order 12924, which C. Benefitting in any way from any published on February 1, 2008, Volume had been extended by successive Presidential transaction involving any item exported Notices, the last of which was August 3, 2000 (3 or to be exported from the United States 73, Number 22, page 6114. The CFR 2000 Comp. 397 (2001)), continued the following items are corrected and Regulations in effect under the International to the Territory that is subject to the replaced— Emergency Economic Powers Act (50 U.S.C. 1701– Regulations, or in any other activity 1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the Title: Biomedical Research and relating to the Territory subject to the Act was reauthorized by Pub. L. 106–508 (114 Stat. Regulations. Development Price Index (BRDPI) 2360 (2000)) and remained in effect through August Survey. 20, 2001. Since August 21, 2001, the Act has been Third, no person may, directly or in lapse. Executive Order 13222 of August 17, 2001 indirectly, do any of the following: OMB Control Number: 0608–0069. (3 CFR 2001 Comp 783 (2002)), which has been A. Export or reexport to or on behalf extended by successive Presidential Notices, the All other information stated in the most recent of which was August 15, 2007 (72 FR of the Denied Person any item subject to February 1, 2008 notice remains 46137 (August 16, 2007)), continues the Regulations the Regulations from the United States effective. in effect under IEEPA. to the Territory;

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B. Take any action that facilitates the Entered this 14th day of January, 2008. prohibited by Section 760.2(d) of the acquisition or attempted acquisition by Darryl W. Jackson, Regulations, and not excepted. the Denied Person of the ownership, Assistant Secretary of Commerce for Export BIS and DMA having entered into a possession or control of any item subject Enforcement. Settlement Agreement pursuant to to the Regulations that has been or will [FR Doc. 08–522 Filed 2–7–08; 8:45 am] Section 766.18(a) of the Regulations be exported from the United States to BILLING CODE 3510–DT–M whereby the parties have agreed to settle the Territory, including financing or this matter in accordance with the terms other support activities related to a and conditions set forth therein and the transaction whereby the Denied Person DEPARTMENT OF COMMERCE terms of the Settlement Agreement acquires or attempts to acquire such having been approved by me; ownership, possession or control; Bureau of Industry and Security It is therefore ordered that: First, a civil penalty of $2,400 is C. Take any action to acquire from or Action Affecting Export Privileges: assessed against DMA. Payment shall be to facilitate the acquisition or attempted DMA Med-Chem Corporation; In the suspended for a period of two years acquisition from the Denied Person of Matter of DMA Med-Chem Corporation, from the date of entry of this Order and any item subject to the Regulations that Case No. 02–10 thereafter shall be waived, provided has been exported from the United that, during the period of suspension, Order States to the Territory; DMA has committed no violation of the D. Obtain from the Denied Person in The Office of Antiboycott Act and Regulations or any order issued the United States any item subject to the Compliance, Bureau of Industry and thereunder. Regulations with knowledge or reason Security, U.S. Department of Commerce Second, for a period of two years from to know that the item will be, or is (‘‘BIS’’), having determined to initiate the date of entry of this Order, DMA intended to be, exported from the an administrative proceeding pursuant Med-Chem Corporation (Great Neck, United States to the Territory; or to Section 11(c) of the Export New York) (‘‘Denied Person’’) may not Administration Act of 1979, as amended participate, directly or indirectly, in any E. Engage in any transaction to service (50 U.S.C. 2401–2420 (2000)) (the way in any transaction involving any any item subject to the Regulations that ‘‘Act’’) 1 and the Export Administration commodity, software or technology has been or will be exported from the Regulations (currently codified as 15 (collectively, ‘‘item’’) exported or to be United States to the Territory, and CFR Parts 730–774 (2007)) (the exported from the United States to which is owned, possessed or controlled ‘‘Regulations’’), against DMA Med-Chem Bahrain, Iraq, Kuwait, Lebanon, Libya, by the Denied Person or service any Corporation (‘‘DMA’’), a domestic Oman, Qatar, Saudi Arabia, Syria, the item, of whatever origin, that is owned, concern, based on allegations set forth United Arab Emirates or the Republic of possessed or controlled by the Denied in the Proposed Charging Letter, dated Yemen (collectively, the ‘‘Territory’’) Person if such service involves the use April 17, 2006, that alleged that DMA that is subject to the Regulations, or in of any item subject to the Regulations committed one violation of the any other activity relating to the that has been or will be exported from Regulations; Territory that is subject to the the United States to the Territory. For Specifically, the charge is: Regulations, including, but not limited the purposes of this paragraph, service 1. One Violation of 15 CFR 760.2(d)— to: means installation, maintenance, repair, Furnishing Information about Business A. Applying for, obtaining, or using modification or testing. Relationships with Boycotted Countries any license, License Exception, or Fourth, after notice and opportunity or Blacklisted Persons: During the year export control document, relating to the for comment as provided in Section 2001, DMA engaged in a transaction Territory. B. Carrying on negotiations 766.23 of the Regulations, any person, involving the sale and/or transfer of concerning, or ordering, buying, firm, corporation or business goods or services (including receiving, using, selling, delivering, organization related to the Denied information) from the United States to storing, disposing of, forwarding, Person by affiliation, ownership, control Syria. In connection with these transporting, financing, other otherwise or position of responsibility in the activities, on one occasion, DMA, with servicing in any way, any transaction conduct or trade or related services may intent to comply with, further or support an unsanctioned foreign involving any item exported or to be also be made subject to the provisions boycott, furnished information exported from the United States to the of this Order. concerning its or another person’s Territory that is subject to the Fifth, this Order does not prohibit any business relationships with or in a Regulations, or in any other activity export, reexport, or other transaction boycotted country, an activity relating to the Territory subject to the subject to the Regulations where the Regulations; or only items involved that are subject to 1 From August 21, 1994 through November 12, C. Benefitting in any way from any the Regulations are the foreign- 2000, the Act was in lapse. During that period, the transaction involving any item exported produced direct product of the U.S.- President, through Executive Order 12924, which or to be exported from the United States had been extended by successive Presidential origin technology. Notices, the last of which was August 3, 2000 (3 to the Territory that is subject to the Sixth, the Proposed Charging Letter, CFR, 2000 Comp. 397 (2001)), continued the Regulations, or in any other activity Regulations in effect under the Internal Emergency relating to the Territory subject to the the Settlement Agreement and this Economic Powers Act (50 U.S.C. 1701–1706 (2000)) Order shall be made available to the Regulations. (IEEPA). On November 13, 2000, the Act was Third, no person may, directly or public, and a copy of this Order shall be reauthorized by Pub. L. No. 106–508 (114 Stat. 2360 (2000)) and remained in effect through August 20, indirectly, do any of the following: served on the Denied Person and on A. Export or reexport to or on behalf BIS, and shall be published in the 2001. Since August 21, 2001, the Act has been in lapse. Executive Order 13222 of August 17, 2001 (3 of the Denied Person any item subject to Federal Register. CFR 2001 Comp 783 (2002)), which has been the Regulations from the United States This Order, which constitutes the extended by successive Presidential Notices, the most recent of which was August 15, 2007 (72 FR to the Territory; final agency action in this matter, is 46137 (August 16, 2007)), continues the Regulations B. Take any action that facilitates the effective immediately. in effect under IEEPA. acquisition or attempted acquisition by

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the Denied Person of the ownership, DEPARTMENT OF COMMERCE premature disclosure of which would possession or control of any item subject likely frustrate the implementation of a to the Regulations that has been or will Bureau of Industry and Security proposed agency action as described in be exported from the United States to 5 U.S.C. 552b(c)(9)(B) shall be exempt the Territory, including financing or Materials Technical Advisory from the provisions relating to public other support activities related to a Committee; Notice of Partially Closed meetings found in 5 U.S.C. app. 2 transaction whereby the Denied Person Meeting 10(a)(1) and 10(a)(3). The remaining acquires or attempts to acquire such The Materials Technical Advisory portions of the meeting will be open to ownership, possession or control; Committee will meet on February 21, the public. C. Take any action to acquire from or 2008, 10 a.m., Herbert C. Hoover For more information, call Yvette to facilitate the acquisition or attempted Building, Room 3884, 14th Street Springer at (202) 482–2813. acquisition from the Denied Person of between Constitution & Pennsylvania Dated: February 5, 2008. any item subject to the Regulations that Avenues, NW., Washington, DC. The Yvette Springer, has been exported from the United Committee advises the Office of the States to the Territory; Committee Liaison Officer. Assistant Secretary for Export [FR Doc. E8–2370 Filed 2–7–08; 8:45 am] D. Obtain from the Denied Person in Administration with respect to technical BILLING CODE 3510–JT–P the Untied States any item subject to the questions that affect the level of export Regulations with knowledge or reason controls applicable to materials and to know that the item will be, or is related technology. intended to be, exported from the DEPARTMENT OF COMMERCE Agenda United States to the Territory; or International Trade Administration E. Engage in any transaction to service Public Session any item subject to the Regulations that [FA–437–804, A–471–806, C–437–805] has been or will be exported from the 1. Opening Remarks and Introduction. United States to the Territory, and 2. Report of Composite Working group Sulfanilic Acid From Hungary and which is owned, possessed or controlled and ECCN review subgroup. Portugal: Final Results of Sunset by the Denied Person or service any 3. Change of date of Australia Group Reviews and Revocation of Orders item, of whatever origin, that is owned, Plenary to mid April 2008. AGENCY: Import Administration, possessed or controlled by the Denied 4. Export Control Directive issued by International Trade Administration, Person if such service involves the use President George W. Bush on January Department of Commerce. of any item subject to the Regulations 22, 2008. that has been or will be exported from 5. Public comments from SUMMARY: On October 1, 2007, the the United States to the Territory. For teleconference and physical attendees. Department of Commerce (‘‘the purposes of this paragraph, service 6. Any other business. Department’’) published in the Federal means installation, maintenance, repair, 7. Comments from Teleconferences. Register the notice of initiation of the modification or testing. Closed Session five-year sunset reviews of the Fourth, after notice and opportunity antidumping duty orders on sulfanilic 8. Discussion of matters determined to for comment as provided in Section acid from Hungary and Portugal and the be exempt from the provisions relating 766.23 of the Regulations, any person, countervailing duty order on sulfanilic to public meetings found in 5 U.S.C. firm, corporation or business acid from Hungary, pursuant to section app. 2 10(a)(1) and 10(a)(3). organization related to the Denied 751(c) of the Tariff Act of 1930, as The open session will be accessible person by affiliation, ownership, control amended (‘‘the Act’’). Because the via teleconference to 20 participants on or position of responsibility in the domestic interested party has a first come, first serve basis. To join the conduct of trade or related services may withdrawn its participation and conference, submit inquiries to also be made subject to the provisions substantive responses in these sunset Ms. Yvette Springer at of this Order. reviews, the Department is revoking Fifth, this Order does not prohibit any [email protected] no later than these antidumping and countervailing export, reexport, or other transaction February 14, 2008. duty orders. A limited number of seats will be subject to the Regulations where the DATES: Effective Date: November 8, available during the public session of only items involved that are subject to 2007. the meeting. Reservations are not the regulations are the foreign-produced accepted. To the extent time permits, FOR FURTHER INFORMATION CONTACT: direct product of U.S.-origin technology. Devta Ohri or Brandon Farlander, Sixth, the Proposed Charging Letter, members of the public may present oral Import Administration, International the Settlement Agreement and this order statements to the Committee. Written Trade Administration, U.S. Department shall be made available to the public, statements may be submitted at any of Commerce, 14th Street and and a a copy of this Order shall be time before or after the meeting. Constitution Avenue, NW., Washington, served on the Denied Person and on However, to facilitate distribution of DC 20230; telephone: (202) 482–3853 or BIS, and shall be published in the public presentation materials to (202) 482–0182, respectively. Federal Register. Committee members, the materials This Order, which constitutes the should be forwarded prior to the SUPPLEMENTARY INFORMATION: meeting to Ms. Springer via e-mail. final agency action in this matter, is Background effective immediately. The Assistant Secretary for Administration, with the concurrence of On November 8, 2002, the Department Entered this 14th day of January, 2008. the delegate of the General Counsel, issued antidumping duty orders on Darryl W. Jackson, formally determined on January 22, sulfanilic acid from Hungary and Assistant Secretary of Commerce for Export 2008, pursuant to section 10(d) of the Portugal (67 FR 68100) and a Enforcement. Federal Advisory Committee Act, as countervailing duty order on sulfanilic [FR Doc. 08–521 Filed 2–7–08; 8:45 am] amended, that the portion of the acid from Hungary (67 FR 68101). On BILLING CODE 3510–DT–M meeting dealing with matters the October 1, 2007, the Department

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initiated sunset reviews of these orders. classifiable under 2921.42.22 of the liquidation and antidumping and See Initiation of Five-year (Sunset) HTSUS, contains 98 percent minimum countervailing duty deposit Reviews, 72 FR 55742 (October 1, 2007). sulfanilic acid, 0.5 percent maximum requirements. The Department will On October 12, 2007, and October 31, aniline, and 0.25 percent maximum complete any pending administrative 2007, we received notices of intent to alkali insoluble materials. reviews of these orders and will conduct participate and substantive responses, Sodium salt (sodium sulfanilate), administrative reviews of subject respectively, in these sunset reviews currently classifiable under the HTSUS merchandise entered prior to the from a domestic interested party. Based subheading 2921.42.90, is a powder, effective date of revocation in response on this information, on October 23, granular, or crystalline material which to appropriately filed requests for 2007, we informed the U.S. contains 75 percent minimum review. International Trade Commission (‘‘ITC’’) equivalent sulfanilic acid, 0.5 percent These five-year (sunset) reviews and that there was domestic interest in maximum aniline based on the notice are in accordance with sections continuation of these orders. Also, on equivalent sulfanilic acid content, and 751(c) and 777(i)(1) of the Act. November 21, 2007, we informed the 0.25 percent maximum alkali insoluble Dated: January 29, 2008. ITC that we did not receive adequate materials based on the equivalent David M. Spooner, substantive responses from any sulfanilic acid content. respondent parties and, as a result, we Although the HTSUS subheadings are Assistant Secretary for Import Administration. would be conducting expedited sunset provided for convenience and customs reviews of these orders. purposes, the written description of the [FR Doc. 08–538 Filed 2–7–08; 8:45 am] On January 28, 2008, we received a scope of this order is dispositive. BILLING CODE 3510–05–M letter from the domestic interested party that it was withdrawing its notices of Determination to Revoke intent to participate in these sunset Pursuant to section 751(c)(3)(A) of the DEPARTMENT OF COMMERCE reviews and that it was no longer Act and 19 CFR 351.218(d)(1)(iii)(B)(3), interested in continuation of these National Oceanic and Atmospheric if no domestic interested party files a Administration orders. In addition, on January 29, 2008, notice of intent to participate, the the domestic interested party filed a Department shall, within 90 days after [Docket No. 070817470–8113–04] letter withdrawing its substantive the initiation of the review, issue a final RIN 0648–ZB55 response from the records of these determination revoking the order. None sunset reviews. Because the Department of the respondent interested parties Availability of Grant Funds for Fiscal has not expended substantial resources responded to the notices of initiation. Year 2008 in conducting these expedited sunset Further, because the domestic interested reviews, we are accepting the domestic party has withdrawn its notices of intent AGENCY: National Oceanic and interested party’s withdrawal of its to participate and its substantive Atmospheric Administration (NOAA), notices of intent to participate and responses in these sunset reviews, the Department of Commerce (DOC). substantive responses. Therefore, the Department finds that no domestic ACTION: Notice. Department determines that there is no interested part is participating in these domestic participation or adequate sunset reviews.1 Therefore, consistent SUMMARY: NOAA publishes this notice substantive responses from a domestic with 19 CFR 351.222(i)(1)(i) and section to supplement the agency’s solicitation interested party. 751(c)(3) of the Act, we are revoking for applications published on July 2, 2007 in an action entitled ‘‘Availability Scope of the Order these antidumping and countervailing duty orders. The effective date of of Grant Funds for Fiscal Year 2008’’ (72 Imports covered by this order are all revocation is November 8, 2007, the FR 36244). This notice announces 3 grades of sulfanilic acid (‘‘sulfanilic fifth anniversary of the date of the additional programs that are soliciting acid’’ or ‘‘subject merchandise’’), which Department published these applications for FY 08 funding. In include technical (or crude) sulfanilic antidumping duty orders and the addition, NOAA publishes this notice to acid, refined (or purified) sulfanilic countervailing duty order. See 19 CFR change the funding years associated acid, and sodium salt of sulfanilic acid. 351.222(i)(2)(i). with awards for the solicitation ‘‘FY Sulfanilic acid is a synthetic organic 2008 Implementation of Regional chemical produced from the direct Effective Date of Revocation Integrated Ocean Observing Systems’’ sulfonation of aniline and sulfuric acid. Pursuant to section 751(c)(3)(A) of the announced in the Federal Register on Sulfanilic acid is used as a raw material Act and 19 CFR 351.222(i)(2)(i), the July 2, 2007 (72 FR 36244, 36263) and in the production of optical brighteners, Department will instruct U.S. Customs amended on November 15, 2007 (72 FR food colors, specialty dyes, and concrete and Border Protection to terminate the 64047). additives. The principal differences suspension of liquidation of the DATES: Proposals must be received by between the grades are the undesirable merchandise subject to this order the date and time specified under each quantities of residual aniline and alkali entered, or withdrawn from warehouse, program listed in the SUPPLEMENTARY insoluble materials present in the on or after November 8, 2007. Entries of INFORMATION section of this document. sulfanilic acid. All grades are available subject merchandise prior to the ADDRESSES: Proposals must be as dry, free flowing powers. effective date of revocation will Technical sulfanilic acid, currently submitted to the program address listed continue to be subject to suspension of classifiable under the subheading in the SUPPLEMENTARY INFORMATION section of this document. NOAA’s 2921.42.22 of the Harmonized Tariff 1 The statue requires revocation of an order Schedule of the United States discretionary grant fund notices may be within 90 days of initiating a sunset review when found on the internet at Grants.gov. The (‘‘HTSUS’’), contains 96 percent no party responds to the notice of initiation. See minimum sulfanilic acid, 1.0 percent section 751(c)(3)(A) of the Act. However, in this URL for Grants.gov is http:// case, even though the domestic interested party www.grants.gov. maximum aniline, and 1.0 percent withdrew its participation after the 90-day period maximum alkali insoluble materials. had expired, we find no basis to continue the FOR FURTHER INFORMATION CONTACT: For Refined sulfanilic acid, also currently orders. those without Internet access request a

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copy of the full funding opportunity fishing industry alone is over $48 2. Better, quicker, and more valuable announcement and/or application kit, billion. U.S. aquaculture sales total weather and water information to from the person listed as the almost $1 billion annually. With its support improved decisions information contact under each Exclusive Economic Zone of 3.4 million 3. Increased customer satisfaction program. square miles, the United States manages with weather and water information and SUPPLEMENTARY INFORMATION: the largest marine territory of any nation services Applicants must comply with all in the world. Program Names: requirements contained in the Federal Funded proposals should help 1. Remote Community Alert Systems Funding Opportunity announcement for achieve the following outcomes: each of the programs listed in this 1. Healthy and productive coastal and Program marine ecosystems that benefit society omnibus notice. These Federal Funding 3. Understand Climate Variability and 2. A well-informed public that acts as Opportunities are available at http:// Change To Enhance Society’s Ability To a steward of coastal and marine www.grants.gov. Plan and Respond The list of grant opportunities under ecosystems Climate shapes the environment, NOAA Project Competitions (below) Program Names: natural resources, economies, and social describe the basic information and 1. 2009 Mid-Atlantic Research Set- systems that people depend upon requirements for the competitive grant/ Aside Program cooperative agreement programs offered worldwide. While humanity has learned 2. Pacific Coastal Salmon Recovery to contend with some aspects of by NOAA. These programs are open to Fund anyone who meets the eligibility criteria climate’s natural variability, major specified under each grant. To be 2. Serve Society’s Needs for Weather climatic events, combined with the considered for an award in a and Water Information stresses of population growth, economic growth, public health concerns, and competitive grant/cooperative Floods, droughts, hurricanes, agreement program, eligible applicants land-use practices, can impose serious tornadoes, tsunamis, wildfires, and consequences on society. The 1997–98 must submit a complete and responsive other severe weather events cause $11 application to the appropriate address El Nino, for example, had a $25 billion billion in damages each year in the impact on the U.S. economy-property by the deadline specified in this notice. United States. Weather is directly linked An award is made upon conclusion of losses were $2.6 billion and crop losses to public health and safety, and nearly approached $2 billion. Long-term the evaluation and selection process for one-third of the U.S. economy (about $3 the respective program. drought leads to increased and trillion) is sensitive to weather and competing demands for fresh water with TABLE OF CONTENTS climate. With so much at stake, NOAA’s related effects on terrestrial and marine role in understanding, observing, I. Background ecosystems, agricultural productivity, forecasting, and warning of and even the spread of infectious II. NOAA Project Competitions environmental events is expanding. diseases. Decisions about mitigating National Marine Fisheries Service With our partners, we seek to provide climate change also can alter economic (NMFS) decision makers with key observations, and social structures on a global scale. analyses, predictions, and warnings for We can deliver reliable climate 1. 2009 Mid-Atlantic Research Set-Aside a range of weather and water conditions, information in useful ways to help Program including those related to water supply, minimize risks and maximize 2. Pacific Coastal Salmon Recovery air quality, space weather, and opportunities for decisions in Fund wildfires. Businesses, governments, and agriculture, public policy, natural nongovernmental organizations are National Weather Service (NWS) resources, water and energy use, and getting more sophisticated about how to public health. We continue to move 1. Remote Community Alert Systems use this weather and water information toward developing a seamless suite of Program to improve operational efficiencies, to weather and climate products. The manage environmental resources, and to III. Classification Climate Goal addresses predictions on create a better quality of life. On time scales of up to decades or longer. IV. NOAA Project Competitions Listed average, hurricanes, tornadoes, Funded proposals should help by NOAA Mission Goals tsunamis, and other severe weather achieve the following outcomes: events cause $11 billion in damages per 1. Protect, Restore and Manage the Use 1. A predictive understanding of the year. Weather, including space weather, of Coastal and Ocean Resources global climate system on time scales of is directly linked to public safety and Through Ecosystem-Based Management weeks to decades with quantified about one-third of the U.S. economy uncertainties sufficient for making Coastal areas are among the most (about $3 trillion) is weather sensitive. informed and reasoned decisions developed in the Nation. More than half With so much at stake, NOAA’s role in 2. Climate-sensitive sectors and the the population lives on less than one- observing, forecasting, and warning of climate-literate public effectively fifth of the land in the contiguous environmental events is expanding, incorporating NOAA’s climate products United States. Furthermore, while economic sectors and its public into their plans and decisions employment in near shore areas is are becoming increasingly sophisticated growing three times faster than at using NOAA’s weather, air quality, Program Names: population. Coastal and marine waters and water information to improve their No Programs are currently soliciting support over 28 million jobs and operational efficiencies and their applications for this mission goal. provide a tourism destination for nearly management of environmental 4. Support the Nation’s Commerce With 90 million Americans a year. The value resources, and quality of life. of the ocean economy to the United Funded proposals should help Information for Safe, Efficient, and States is over $115 billion. The value achieve the following outcomes: Environmentally Sound Transportation added annually to the national economy 1. Reduced loss of life, injury, and Safe and efficient transportation by the commercial and recreational damage to the economy systems are crucial to the U.S. economy.

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The U.S. marine transportation system communication systems, and our domestic assistance (CFDA) number, ships over 95 percent of the tonnage and approach to management provide the application deadline, address for more than 20 percent by value of foreign foundation of support for all of our submitting proposals, information trade through U.S. ports, including 48 programs. This critical foundation must contacts, eligibility requirements, cost percent of the oil needed to meet adapt to evolving mission needs and, sharing requirements, and America’s energy demands. At least $4 therefore, is an integral part of our intergovernmental review under billion is lost annually due to economic strategic planning. It also must support Executive Order 12372. Interested inefficiencies resulting from U.S. homeland security by maintaining applicants should consult the July 2, weatherrelated air-traffic delays. continuity of operations and by 2007 Federal Register Notice entitled Improved surface weather forecasts and providing NOAA services, such as civil ‘‘Availability of Grant Funds for Fiscal specific user warnings would reduce the alert relays through NOAA Weather Year 2008’’ (72 FR 36244) notice for the 7,000 weather related fatalities and Radio and air dispersion forecasts, in selection criteria, evaluation criteria, 800,000 injuries that occur annually response to national emergencies. and other requirements for submitting from crashes on roads and highways. NOAA ships, aircraft, and an application. The injuries, loss of life, and property environmental satellites are the In addition, NOAA publishes this damage from weather-related crashes backbone of the global Earth observing notice to change the funding years cost an average of $42 billion annually. system and provide many critical associated with awards for the We provide information, services, and mission support services. To keep this solicitation ‘‘FY 2008 Implementation of products for transportation safety and capability strong and current with our Regional Integrated Ocean Observing for increased commerce on roads, rails, Mission Goals, we will ensure that Systems’’ announced in the Federal and waterways. We will improve the NOAA has adequate access to safe and Register on July 2, 2007 (72 FR 36263) accuracy of our information for marine, efficient ships and aircraft through the and amended on November 15, 2007 (72 aviation, and surface weather forecasts, use of both NOAA platforms and those FR 64047). Total anticipated funding for the availability of accurate and of other agency, academic, and all awards is approximately $25,000,000 advanced electronic navigational charts, commercial partners. We will work with and is subject to the availability of FY and the delivery of real-time academia and partners in the public and 2008 and/or FY 2009 appropriations. oceanographic information. We seek to private sectors to ensure that future The previous announcement indicated provide consistent, accurate, and timely satellite systems are designed, that awards were subject to the positioning information that is critical developed, and operated with the latest availability of FY 2008 appropriations for air, sea, and surface transportation. technology. Leadership development only, however, this amendment changes We will respond to hazardous material and program support are essential for this process to allow FY 2008 and/or FY spills and provide search and rescue achieving our Mission Goals. We must 2009 appropriations to be used. This routinely to save lives and money and also commit to organizational notice applies to all applicants who to protect the coastal environment. We excellence through management and have previously submitted a full will work with port and coastal leadership across a ‘‘corporate’’ NOAA. proposal under this announcement. All communities and with Federal and state We must continue our commitment to other requirements for this solicitation partners to ensure that port operations valuing NOAA’s diverse workforce, remain the same. and development proceed efficiently including effective workforce planning II. NOAA Project Competitions and in an environmentally sound strategies designed to attract, retain and manner. We will work with the Federal develop competencies at all levels of National Marine Fisheries Service Aviation Administration and the private our workforce. Through the use of (NMFS) sector to reduce the negative impacts of business process re-engineering, we will 1. 2009 Mid-Atlantic Research Set-Aside weather on aviation without strive for state-of-the-art, value-added Program compromising safety. Because of financial and administrative processes. Summary Description: NMFS increased interest by the public and NOAA will ensure state-of-the-art and announces that, for fishing year 2009 secure information technology and private sectors, we also will expand (January 1–December 31, 2009), the systems. By developing long-range, weather information for marine and Mid-Atlantic Fishery Management comprehensive facility planning surface transportation to enhance safety Council (Council) may set aside up to 3 processes, NOAA will be able to ensure and efficiency. percent of the total allowable landings Funded proposals should help right-sized, cost-effective, and safe (TAL) in certain Mid-Atlantic fisheries achieve the following outcomes: facilities 1. Safe, secure, efficient, and seamless Funded proposals should help to be used for research endeavors under a research set-aside (RSA) program. The movement of goods and people in the achieve the following outcomes: RSA program provides a mechanism to U.S. transportation system 1. A dynamic workforce with 2. Environmentally sound competencies that support NOAA’s fund research and compensate vessel development and use of the U.S. mission today and in the future. owners through the sale of fish transportation system. harvested under the research quota. Program Names: Vessels participating in an approved Program Names: No programs are currently soliciting research project may be authorized by No programs are currently soliciting applictions for this mission goal. the Northeast Regional Administrator, applications for this mission goal. NMFS, to harvest and land fish in I. Background excess of any imposed trip limit or 5. Provide Critical Support for NOAA’s In this notice, NOAA announces that during fishery closures. Landings from Mission 3 programs are making funds available such trips are sold to generate funds that Strong, effective, and efficient support for financial assistance awards. Each help defray the costs associated with the activities are necessary for us to achieve entry for the following grant approved research projects. No Federal our Mission Goals. Our facilities, ships, opportunities provides: a description of funds are provided for research under aircraft, environmental satellites, data the program, funding availability, this notification. NMFS is soliciting processing systems, computing and statutory authority, catalog of federal proposals for research activities

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concerning the summer flounder, scup, two to five awards have been issued per and 16 U.S.C. 1881(c), respectively. black sea bass, Loligo squid, Illex squid, year. During the 2007 fishing year, four Statutory authority for entering into Atlantic mackerel, butterfish, Atlantic awards were approved distributing a cooperative agreements and other bluefish, and tilefish fisheries. NMFS total of 2,218,146 lbs of TAL. The financial agreements with nonprofit and the Council will give priority to Council, in consultation with the organizations is found at 15 U.S.C. 1540. funding proposals addressing the Commission, will incorporate the level The award of a set-aside from the TAL research needs as follows: Loligo Squid of RSA (amounts or percentages) for of selected species resulted from the and Butterfish Interactions: Mesh each of the set-aside species for the 2009 approval of Framework 1 to the Atlantic selectivity study of butterfish and fishing year into the Council’s Mackerel, Squid, and Butterfish; secondarily for other species caught in recommendations for annual quota Summer Flounder, Scrup, and Black Sea Loligo nets during winter and summer/ specifications. NMFS will consider the Bass; and Atlantic Bluefish Fishery early fall; Test gear modifications in the recommended level of RSA as part of Management Plans (FMP); and the RSA Loligo squid fishery to reduce bycatch the associated rulemaking process. The provisions of the Tilefish FMP. of butterfish and other species. Illex actual level of RSA quota available to Framework 1 established a procedure Squid: Determine size and age-at- applicants for the 2009 fishing year will through which RSA amounts are set maturity and growth parameters for Illex depend on the TAL level specified by annually as part of the Council quota- squid. Summer Flounder: Define the Council at its quota-setting meetings setting process (66 FR 42156, August 10, distinctions between regulatory discards in June and August 2008, and the 2001), and codified in regulations at 50 and bycatch attributed to gear, including percentage (0 to 3 percent) of the TAL CFR 648.21(g). mesh selectivity and/or overall gear recommended by the Council and Catalog of Federal Domestic design in the summer flounder fishery; approved by NMFS as the level of RSA Assistance (CFDA) Number: 11.454, Evaluate mortality of large fish released available for 2009. To help researchers Unallied Management Projects in the summer flounder offshore trawl develop proposals for the 2009 fishing Application Deadline: Applications fishery; Evaluate size and bag limits in year, the examples below provide some must be received on or before 5 p.m. the recreational fishery for summer guidance on the general magnitude of EST on March 24, 2008. Address for Submitting Proposals: To flounder. Black Sea Bass: Estimate black RSA and estimated values that a apply for this NOAA Federal funding sea bass mortality when left in pots researcher might expect to be available opportunity, please submit applications (moderate priority); Develop indices for for fishing year 2009. The examples are to http://www.grants.gov and use the black sea bass recruitment (proof of based on proposed RSA levels available following funding opportunity number concept); Verify age structure of black and the actual allocated RSA amounts NMFS-NEFSC–2009–2001252. sea bass. Scup: Estimate the components for these fisheries for the 2008 fishing Applicants who do not have Internet of scup total annual mortality (natural, year. The examples are intended only as access may submit their application to commercial landings, recreational a guide to be used when developing Cheryl A. Corbett, NMFS, Northeast landings, commercial discards, & research proposals for the 2009 fishing Fisheries Science Center, 166 Water recreational discards); Develop indices year; it does not necessarily reflect the Street, Woods Hole, MA 02543, or by for scup recruitment (proof of concept). actual RSA quota that will be allocated phone at 508–495–2070, or fax at 508– Bluefish: Develop bluefish index for fishing year 2009. Based on Council 495–2004, or via e-mail at surveys (proof of concept). recommendations, NMFS may choose to [email protected]. Funding Availability: No Federal adopt less than 3 percent of TAL as a Information Contacts: Information funds are provided for research under set-aside, or decide not to adopt any set- may be obtained from Clay Heaton, this notification, this program offers the aside for a given fishery. The estimated Fishery Management Specialist, Mid- opportunity to fish and to sell the catch values of the set-aside allocations will Atlantic Fishery Management Council, to generate income. The Federal vary depending on market by phone 302–674–2331 ext. 13, or via Government may issue an Exempted considerations prevailing at the time the email at [email protected]; or Cheryl Fishing Permit (EFP) or Letter of research trips are conducted. Examples A. Corbett, Cooperative Programs Acknowledgment (LOA), as applicable, of RSA amounts based on 2008 Specialist, NMFS, Northeast Fisheries which may provide special fishing proposed FMP Specifications in the Science Center, 166 Water Street, privileges in response to research following format is as follows: Woods Hole, MA 02543, or by phone at proposals selected under this program. Allocation Species/Amount Available 508–495–2070, or fax at 508–495–2004, Funds generated from the RSA landings (lbs)/2008 RSA Amount (lbs)/2008 RSA or via e-mail at [email protected]. shall be used to cover the cost of the Estimated Value, Summer Flounder/ Eligibility: Eligible applicants include research activities, including vessel $349,200/233,192/$478,044, Scup/ institutions of higher education, costs, and to compensate boats for 220,200/214,000/$196,880, Black Sea hospitals, other nonprofits, commercial expenses incurred during the collection Bass/243,000/85,790,$211,901, Loligo organizations, individuals, and state, of the set-aside species. For example, Squid/1,124,356/50,000/$39,500, Illex local, and Native American tribal the funds may be used to pay for gear Squid/None requested, Atlantic governments. Federal agencies and modifications, monitoring equipment, Mackerel/None requested, Butterfish/ institutions are not eligible to receive additional provisions (e.g., fuel, ice, None requested, Bluefish/743,965/ Federal assistance under this notice. food for scientists), or the salaries of 50,000/$18,000, Tilefish/None Additionally, employees of any Federal research personnel. The Federal requested. The amount available was agency or Regional Fishery Management Government is not liable for any costs based 3 percent TAC in proposed FMP Council are ineligible to submit an incurred by the researcher or vesse specifications. application under this program. lowner. Any additional funds, generated Statutory Authority: Statutory However, Council members who are not through the sale of fish harvested under authority for this program is provided Federal employees may submit an the research quota, above the cost of the under sections 303(b)(11), 402(e), and application. DOC/NOAA supports research activities shall be retained by 404(c) of the Magnuson-Stevens Fishery cultural and gender diversity and the vessel owner as compensation for Conservation and Management Act, 16 encourages women and minority the use of his/her vessel. In the past, U.S.C. 1853(b)(11), 16 U.S.C. 1881a(e), individuals and groups to submit

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applications to the RSA program. In Catalog of Federal Domestic emergency messages. This program is a addition, DOC/NOAA is strongly Assistance (CFDA) Number: 11.438, contributing element of the Warning, committed to broadening the Pacific Coast Salmon Recovery - Pacific Alert, and Response Network (WARN) participation of historically black Salmon Treaty Program Act. NOAA’s program is designed to colleges and universities, Hispanic Application Deadline: Applications complement other agency contributions serving institutions, tribal colleges and should be submitted via www.grants.gov to that national effort. The Federal universities, and institutions that work and must be received no later than 11:59 Communications Commission has in underserved areas. DOC/NOAA pm PST on March 24, 2008. No defined a remote area to consist of a encourages proposals involving any of facsimile or electronic mail applications county with a population density of 100 the above institutions. DOC/NOAA will be accepted. Paper applications persons per square mile or less, based encourages applications from members must be postmarked by March 24, 2008. on the most recently available Census of the fishing community and Any application transmitted or data. Also, commercial mobile service applications that involve fishing postmarked, as the case may be, after means those services that are required to community cooperation and the deadline will be considered non- provide E911 services in accordance participation. responsive and will not be considered with Section 20.18 of the Commissions Cost Sharing Requirements: No cost for funding in this competition. rules. Effectively underserved identifies sharing is required under this program. Address for Submitting Proposals: If remote communities that do not receive Intergovernmental Review: Applicants an applicant does not have internet commercial mobile service as will need to determine if their state access, applications can be submitted to demonstrated by coverage maps, participates in the intergovernmental the following address: Nicolle Hill, technical analyses, field tests, or any review processs. This information can NMFS Northwest Region Building #1, other reasonable means. be found at the following website: 7600 Sand Point Way, Seattle, WA Funding Availability: The total http://www.whitehouse.gov/omb/grants/ 98115. NMFS’ Internet website at funding amount available for proposals spoc.html. This information will assist www.nwr.noaa.gov contains additional is anticipated to be approximately applicants in providing either a Yes or information on PCSRF. $5,000,000. We anticipate making No response to Item 16 of the Information Contacts: For further multiple awards approximately 50 Application Form, SF–424, entitled information on PCSRF, please contact ranging from $50,000 to $250,000. ‘‘Application for Federal Assistance.’’ Barry Thom, NMFS Northwest Region Statutory Authority: Authority for the Deputy Regional Administrator, at (503) Remote Community Alert Systems 2. Pacific Coastal Salmon Recovery 231–6266. Questions regarding this Program is provided by: 47 U.S.C. 1204. Fund announcement should be directed to Catalog of Federal Domestic Summary Description: NOAA Nicolle Hill, NMFS Northwest Region Assistance (CFDA) Number: 11.468, announces the availability of Pacific PCSRF Federal Program Officer, at (206) Applied Meteorological Research Coastal Salmon Recovery Funds 526–4358 or [email protected]. Application Deadline: Proposals must (PCSRF), as authorized in the Northern Eligibility: Eligible state applicants are be received by NOAA/NWS no later Boundary and Transboundary Rivers the States of Alaska, Washington, than 5 p.m., April 11, 2008. Proposals Restoration and Enhancement Fund and Oregon, Idaho and California. Eligible should be submitted through Southern Boundary Restoration and tribal applicants are any federally www.grants.gov. For those organizations Enhancement Fund (16 U.S.C. 3645 et recognized Pacific Coastal or Columbia without internet access, proposals may seq.), to support the restoration and River tribes in Washington, Oregon, be sent to Craig Hodan, NOAA/NWS, conservation of Pacific salmon and California or Idaho. 1325 East-West Highway, Room 3348, steelhead populations and their habitat. Cost Sharing Requirements: Silver Spring, Maryland 20910, Phone: The program provides funding to the Applicants are required to provide 33 301–713–9480 x 187, email: States of Alaska, Washington, Oregon, percent of received Federal funds. [email protected]. Email and fax Idaho and California for salmon habitat Indian tribes are exempt from any cost submissions will not be accepted. restoration, salmon stock enhancement, share requirement. Information Contacts: Craig Hodan, sustainable salmon fisheries and salmon Intergovernmental Review: NOAA/NWS, 1325 East-West Highway, research. It also provides funding to the Applications under this program from Room 3348, Silver Spring, Maryland Pacific Coastal tribes and the Columbia state or local governments are subject to 20910, Phone: 301–713–9480 x 187, River tribes as authorized in 16 U.S.C. the provisions of Executive Order email: [email protected]. 3645(d)(2)(B) for salmon habitat 12372, ‘‘Intergovernmental Review of Eligibility: Eligible applicants are restoration, salmon stock enhancement, Federal Programs.’’ States and Tribal Communities. This restriction is needed due to the potential salmon research and supplementation National Weather Service (NWS) activities. number of applications. Funding Availability: Up to 1. Remote Community Alert Systems Cost Sharing Requirements: No cost $67,000,000 may be available in fiscal Program sharing is required under this program. year (FY) 2008 for projects as authorized Summary Description: The Remote Intergovernmental Review: under 16 U.S.C. 3645 (d)(2). There are Community Alert Systems Program Applications under this program are not no restrictions on minimum funding represents an NOAA/NWS effort to subject to Executive Order 12372, request, but there is a limit of provide for outdoor alerting Intergovernmental Review of Federal $25,000,000 on a maximum amount technologies in remote communities Programs. requested by any recipient. Award effectively underserved by commercial III. Classification periods may be up to a maximum of 5 mobile service for the purpose of years. Actual funding availability for enabling residents of those communities Limitation of Liability this program is contingent upon FY to receive emergency messages. These Funding for potential projects in this 2008 Congressional appropriations. activities will engage the private sector, notice is contingent upon the Statutory Authority: 16 U.S.C. 3645 academia, and States in opportunities availability of Fiscal year 2008 (d)(2) and technologies to further disseminate appropriations. Applicants are hereby

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given notice that funds have not yet cooperate with NOAA in identifying d. The recipient shall control access been appropriated for any proposed feasible measures to reduce or avoid any to all export-controlled information and activities in this notice. In no event will identified adverse environmental technology that it possesses or that NOAA or the Department of Commerce impacts of their proposal. The failure to comes into its possession in be responsible for proposal preparation do so shall be grounds for not selecting performance of a financial assistance costs. Publication of this announcement an application. In some cases if award, to ensure that access is does not oblige NOAA to award any additional information is required after restricted, or licensed, as required by specific project or to obligate any an application is selected, funds can be applicable Federal laws, Executive available funds. withheld by the Grants Officer under a Orders, and/or regulations. e. Nothing in the terms of this section Universal Identifier special award condition requiring the recipient to submit additional is intended to change, supersede, or For programs that have deadline dates environmental compliance information waive any of the requirements of on or after October 1, 2003, applicants sufficient to enable NOAA to make an applicable Federal laws, Executive should be aware that they may be assessment on any impacts that a project Orders or regulations. required to provide a Dun and may have on the environment. f. The recipient shall include this Bradstreet Data Universal Numbering clause, including this paragraph (f), in System (DUNS) number during the Compliance with Department of all lower tier transactions (subawards, application process. See the October 30, Commerce Bureau of Industry and contracts, and subcontracts) under the 2002 Federal Register, (67 FR 661770 Security Export Administration financial assistance award that may for additional information. Regulations involve access to export-controlled Organizations can receive a DUNS a. This section applies to the extent information technology. number at no cost by calling the that this BAA results in financial dedicated toll-free DUNS Number NOAA implementation of Homeland assistance awardsinvolving access to Security Presidential Directive - 12 request line at 1–866–705–5711 or via export-controlled information or the internet (http:// technology. If the performance of a financial www.dunandbradstreet.com). b. In performing a financial assistance assistance award, if approved by NOAA, requires recipients to have physical National Environmental Policy Act award, the recipient may gain access to access to Federal premises for more than (NEPA) export-controlled information or technology. The recipient will then be 180 days or access to a Federal NOAA must analyze the potential information system, any items or environmental impacts, as required by responsible for compliance with all applicable laws and regulations services delivered under a financial the National Environmental Policy Act assistance award shall comply with the (NEPA), for applicant projects or regarding export-controlled information and technology, including deemed Department of Commerce personal proposals which are seeking NOAA identity verification procedures that federal funding opportunities. Detailed exports. The recipient shall establish and maintain throughout performance implement Homeland Security information on NOAA compliance with Presidential Directive -12, FIPS PUB NEPA can be found at the following of the financial assistance award effective export compliance procedures 201, and the Office of Management and NOAA NEPA Web site: http:// Budget Memorandum M–05–24. The www.nepa.noaa.gov/, including our at non-NOAA facilities. At a minimum, these export compliance procedures recipient shall insert this clause in all NOAA Administrative Order 216–6 for subawards or contracts when the NEPA, http://www.nepa.noaa.gov/ must include adequate controls of physical, verbal, visual, and electronic subaward recipient or contractor is NAO216--6--TOC.pdf, NEPA required to have physical access to a Questionnaire, http:// access to export-controlled information and technology. Federally controlled facility or access to www.nepa.noaa.gov/questionnaire.pdf, a Federal information system. and the Council on Environmental c. Definitions Quality implementation regulations, 1. Deemed export. The Export The Department of Commerce Pre- http://ceq.eh.doe.gov/nepa/regs/ceq/toc- Administration Regulations (EAR) Award Notification Requirements for -ceq.htm. Consequently, as part of an define a deemed export as any release Grants and Cooperative Agreements applicant’s package, and under their of technology or source code subject to The Department of Commerce Pre- description of their program activities, the EAR to a foreign national, both in Award Notification Requirements for applicants are required to provide the United States and abroad. Such Grants and Cooperative Agreements detailed information on the activities to release is ‘‘deemed’’ to be an export to contained in the Federal Register notice be conducted, locations, sites, species the home country of the foreign of December 30, 2004 (69 FR 78389) are and habitat to be affected, possible national. 15 CFR 734.2(b)(2)(ii). applicable to this solicitation. construction activities, and any 2. Export-controlled information and environmental concerns that may exist technology. Export-controlled Paperwork Reduction Act (e.g., the use and disposal of hazardous information and technology is This document contains collection-of- or toxic chemicals, introduction of non- information and technology subject to information requirements subject to indigenous species, impacts to the EAR (15 CFR parts 730 et seq.), thePaperwork Reduction Act (PRA). The endangered and threatened species, implemented by the DOC Bureau of use of Standard Forms 424, 424A, 424B, aquaculture projects, and impacts to Industry and Security, or the SF LLL, CD–346, SF 424 Research and coral reef systems). In addition to International Traffic Arms Regulations Related Family, SF 424 Short providing specific information that will (ITAR) (22 CFR parts 120–130), Organizational Family, SF 424 serve as the basis for any required implemented by the Department of Individual Form family has been impact analyses, applicants may also be State, respectively. This includes, but is approved by the Office of Management requested to assist NOAA in drafting of not limited to, dual-us items, defense and Budget (OMB) under the respective an environmental assessment, if NOAA articles and any related assistance, control numbers 4040–0004, 0348–0044, determines an assessment is required. services, software or technical data as 0348–0040, 0348–0046, 0605–0001, Applicants will also be required to defined in the EAR and ITAR. 4040–0001, 4040–0003, and 4040–0005.

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Notwithstanding any other provision of ADDRESSES: Materials from the appeal For additional information about this law, no person is required to respond to, record will be available at the NOAA appeal contact Odin Smith, 301–713– nor shall any person be subject to a Office of the General Counsel for Ocean 7392. penalty for failure to comply with, a Services, 1305 East-West Highway, Dated: February 4, 2008. collection of information subject to the Room 6111, Silver Spring, MD 20910 requirements of the PRA unless that and on the following Web site: http:// Joel La Bissonniere, collection of information displays a www.ogc.doc.gov/czma.htm. Assistant General Counsel for Ocean Services. currently valid OMB control number. FOR FURTHER INFORMATION CONTACT: [Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management Program Executive Order 12866 Odin Smith, Attorney-Advisor, NOAA Office of the General Counsel, 301–713– Assistance.] This notice has been determined to be 7392. [FR Doc. E8–2326 Filed 2–7–08; 8:45 am] not significant for purposes of Executive SUPPLEMENTARY INFORMATION: BILLING CODE 3510–08–P Order 12866. I. Notice of Appeal Executive Order 13132 (Federalism) AES has filed a notice of appeal with It has been determined that this notice the Secretary of Commerce pursuant to DEPARTMENT OF DEFENSE does not contain policies with the Coastal Zone Management Act of Federalism implications as that term is 1972 (CZMA), 16 U.S.C. 1451 et seq., Department of the Air Force defined in Executive Order 13132. and implementing regulations found at Administrative Procedure Act/ 15 CFR part 930, subpart H. AES Intent To Grant an Exclusive Patent Regulatory Flexibility Act appeals an objection, filed by the State License of Maryland, to a consistency Prior notice and an opportunity for AGENCY: Department of the Air Force. public comment are not required by the determination prepared by AES related Administrative Procedure Act or any to its proposed LNG terminal project in ACTION: Notice. other law for rules concerning public Baltimore County, Maryland. AES property, loans, grants, benefits, and previously filed an appeal with regard SUMMARY: Pursuant to the provisions of contracts (5 U.S.C. 553(a)(2)). Because to this same project on August 8, 2007. Part 404 of Title 37, Code of Federal notice and opportunity for comment are See http://www.ogc.doc.gov/czma.htm. Regulations, which implements Public not required pursuant to 5 U.S.C. 553 or Under the CZMA, the Secretary may Law 96–517, as amended, the any other law, the analytical override the State’s objection on Department of the Air Force announces grounds that the project is consistent requirements of the Regulatory its intention to grant Alexium Ltd., a with the objectives or purposes of the Flexibility Act (5 U.S.C. 601 et seq.) are business entity of Cyprus, having a inapplicable. Therefore, a regulatory CZMA, or necessary in the interest of national security. To make the place of business at 2 Sophouli Street, flexibility analysis has not been 8th Floor Chanteclair House, 1096- prepared. determination that the proposed activity is ‘‘consistent with the objectives or Nicosia, Cyprus, an exclusive license in Dated: February 4, 2008. purposes’’ of the CZMA, the Secretary any right, title and interest the Air Force Helen Hurcombe must find that: (1) The proposed activity has in: U.S. Patent Application No. 11/ Director, Acquisition and Grants Office, furthers the national interest as 527,662 filed September 15, 2006, National Oceanic and Atmospheric articulated in sections 302 or 303 of the entitled ‘‘Method for Attachment of Administration. CZMA, in a significant or substantial Silicon-Containing Compounds to a [FR Doc. E8–2350 Filed 2–7–08; 8:45 am] manner; (2) the adverse effects of the Surface and for Synthesis of BILLING CODE 3510–PJ–S proposed activity do not outweigh its Hypervalent Silicon-Compounds’’ by contribution to the national interest, Jeffrey R. Owens, as well as other when those effects are considered related know how. A license for this DEPARTMENT OF COMMERCE separately or cumulatively; and (3) no patent and related know how will be reasonable alternative is available that National Oceanic and Atmospheric granted unless a written objection is would permit the activity to be Administration filed within fifteen (15) days from the conducted in a manner consistent with date of publication of this Notice. Federal Consistency Appeal by AES enforceable policies of the State’s coastal management program. 15 CFR FOR FURTHER INFORMATION CONTACT: Sparrows Point LNG, LLC and Mid- Contact Jeffrey R. Moore, Attorney, Air Atlantic Express, L.L.C. 930.121. To make the determination that the proposed activity is ‘‘necessary in Force Materiel Command Law Office, AGENCY: National Oceanic and the interest of national security,’’ the AFMCLO/JAZ, Building 11, Suite 100, Atmospheric Administration (NOAA), Secretary must find that a national 2240 B Street, Wright-Patterson AFB OH Department of Commerce (Commerce). defense or other national security 45433–7109. Telephone: (937) 904– ACTION: Notice of Appeal interest would be significantly impaired 5088; Facsimile (937) 255–3733. were the proposed activity not Bao-Anh Trinh, SUMMARY: This announcement provides permitted to go forward as proposed. 15 notice that AES Sparrows Point LNG, CFR 930.122. Air Force Federal Register Liaison Officer. LLC and Mid-Atlantic Express, L.L.C. [FR Doc. E8–2287 Filed 2–7–08; 8:45 am] II. Appeal Documents (collectively, ‘‘AES’’) have filed a BILLING CODE 5001–05–P second administrative appeal with the NOAA intends to provide the public Department of Commerce asking that with access to all publicly available the Secretary override the State of materials and related documents Maryland’s objection to AES’s proposed comprising the appeal record during LNG terminal in Baltimore County, business hours, at the NOAA Office of Maryland. the General Counsel for Ocean Services.

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DEPARTMENT OF DEFENSE applications that address the following Note: We do not anticipate holding another priority. competition for this program until FY 2010. Department of the Army; Corps of Invitational Priority: For FY 2008, this Project Period: Up to 48 months. Engineers priority is an invitational priority. Under 34 CFR 75.105(c)(1) we do not III. Eligibility Information Notice of Intent to Grant Partially give an application that meets this 1. Eligible Applicants: IHEs or Exclusive License of U.S. Patent invitational priority a competitive or combinations of IHEs and other public Application No. 11/82,432 Entitled ‘‘A absolute preference over other and private nonprofit institutions and Method and System for Treating Metal- applications. agencies. Containing Fluid Emissions’’ and U.S. This priority is: 2. Cost Sharing or Matching: This Patent Application No. 10/931,232 This priority is designed to support program does not require cost sharing or ‘‘Perlite Sorbents for Vapor Phase the formation of educational consortia matching. Metals and Metals Compounds’’ to of American, Canadian, and Mexican Bouldin & Lawson, LLC IV. Application and Submission institutions to encourage cooperation in Information AGENCY: Department of the Army, U.S. the coordination of curricula, the 1. Address to Request Application Army Corps of Engineers, DOD. exchange of students, and the opening Package: Education Publications Center ACTION: Notice; correction. of educational opportunities among the United States (U.S.), Canada, and (ED Pubs), P.O. Box 1398, Jessup, MD SUMMARY: The notice published in the Mexico. The invitational priority is 20794–1398. Telephone, toll free: 1– Federal Register on January 25, 2008 issued in cooperation with Canada and 877–433–7827. FAX: (301) 470–1244. If (73 FR 4544) was missing the Mexico. These awards support only the you use a telecommunications device corporation name. The partially participation of U.S. institutions and for the deaf (TDD), call, toll free: 1–877– exclusive license will be granted to students in these consortia of American, 576–7734. Bouldin & Lawson, LLC., 70 Easy Street, Canadian, and Mexican institutions. You can contact ED Pubs at its Web McMinnville, TN 37110. Canadian and Mexican institutions site, also: http://www.ed.gov/pubs/ FOR FURTHER INFORMATION CONTACT: Ms. participating in any consortium edpubs.html or at its e-mail address: Bea Shahin, (217) 373–7234, Fax (217) proposal responding to the invitational [email protected]. If you request an application package 373–7210; Internet: priority may apply, respectively, to from ED Pubs, be sure to identify this [email protected]. Human Resources and Social program or competition as follows: SUPPLEMENTARY INFORMATION: None. Development Canada (HRSDC) or the Mexican Secretariat for Public CFDA number 84.116N. Individuals with disabilities can Brenda S. Bowen, Education (SEP), for additional funding obtain a copy of the application package Army Federal Register Liaison Officer. under separate but parallel Canadian in an alternative format (e.g., Braille, and Mexican competitions. [FR Doc. E8–2358 Filed 2–7–08; 8:45 am] large print, audiotape, or computer Program Authority: 20 U.S.C. 1138– BILLING CODE 3710–92–P diskette) by contacting the person listed 1138d. under Alternative Format in section VIII Applicable Regulations: The of this notice. Education Department General DEPARTMENT OF EDUCATION 2. Content and Form of Application Administrative Regulations (EDGAR) in Submission: Requirements concerning Office of Postsecondary Education; 34 CFR parts 74, 75, 77, 79, 80, 82, 84, the content of an application, together Overview Information; Fund for the 85, 86, 97, 98, and 99. with the forms you must submit, are in Improvement of Postsecondary Note: The regulations in 34 CFR part 79 the application package for this Education (FIPSE)—Special Focus apply to all applicants except federally program. Competition: Program for North recognized Indian tribes. Page Limit: The application narrative American Mobility in Higher Education; Note: The regulations in 34 CFR part 86 (Part III of the application) is where you, Notice Inviting Applications for New the applicant, address the selection Awards for Fiscal Year (FY) 2008 apply to Institutions of Higher Education (IHEs) only. criteria that reviewers use to evaluate your application. You must limit the Catalog of Federal Domestic Assistance II. Award Information application narrative (Part III) to the (CFDA) Number: 84.116N. equivalent of no more than 20 pages, Type of Award: Discretionary grants. DATES: using the following standards: Applications Available: February 8, Estimated Available Funds: $300,000. • A ‘‘page’’ is 8.5″ × 11″, on one side 2008. Estimated Average Size of Awards: only, with 1″ margins at the top, bottom, Deadline for Transmittal of Any FY 2008 application that is funded and both sides. Applications: April 11, 2008. will be awarded $180,000 for a four-year • Double space (no more than three Deadline for Intergovernmental grant. The estimated award for the first lines per vertical inch) all text in the Review: June 11, 2008. year is $30,000. application narrative, including titles, Maximum Award: We will reject any Full Text of Announcement headings, footnotes, quotations, application that proposes a budget references, and captions, as well as all I. Funding Opportunity Description exceeding $100,000 for a single budget text in charts, tables, figures, and Purpose of Program: To provide period of 12 months. The Assistant graphs. grants for or enter into cooperative Secretary for Postsecondary Education • Use a font that is either 12 point or agreements to improve postsecondary may change the maximum amount larger or no smaller than 10 pitch education opportunities by focusing on through a notice published in the (characters per inch). problem areas or improvement Federal Register. • Use one of the following fonts: approaches in postsecondary education. Estimated Number of Awards: 10. Times New Roman, Courier, Courier Priority: Under this competition we Note: The Department is not bound by any New, or Arial. An application submitted are particularly interested in estimates in this notice in any other font (including Times

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Roman or Arial Narrow) will not be accordance with the instructions in this depending on a variety of factors, accepted. section. including the size of the application and The page limit does not apply to Part a. Electronic Submission of the speed of your Internet connection. I, the cover sheet; Part II, the budget Applications. Therefore, we strongly recommend that section, including the narrative budget Applications for grants under the you do not wait until the application justification; Part IV, the assurances and Program for North American Mobility in deadline date to begin the submission certifications; or the one-page abstract, Higher Education, CFDA Number process through Grants.gov. the resumes, the bibliography, or the 84.116N, must be submitted • You should review and follow the letters of support. However, the page electronically using the Government- Education Submission Procedures for limit does apply to all of the application wide Grants.gov Apply site at http:// submitting an application through narrative section (Part III). www.Grants.gov. Through this site, you Grants.gov that are included in the We will reject your application if you will be able to download a copy of the application package for this program to exceed the page limit; or you apply application package, complete it offline, ensure that you submit your application other standards and exceed the and then upload and submit your in a timely manner to the Grants.gov equivalent of the page limit. application. You may not e-mail an system. You can also find the Education 3. Submission Dates and Times: electronic copy of a grant application to Submission Procedures pertaining to Applications Available: February 8, us. Grants.gov at http://e-Grants.ed.gov/ We will reject your application if you 2008. help/ submit it in paper format unless, as Deadline for Transmittal of GrantsgovSubmissionProcedures.pdf. described elsewhere in this section, you • Applications: April 11, 2008. To submit your application via qualify for one of the exceptions to the Grants.gov, you must complete all steps Applications for grants under this electronic submission requirement and in the Grants.gov registration process program must be submitted submit, no later than two weeks before (see http://www.grants.gov/applicants/ electronically using the Grants.gov the application deadline date, a written get_registered.jsp). These steps include Apply site (Grants.gov). For information statement to the Department that you (1) registering your organization, a (including dates and times) about how qualify for one of these exceptions. multi-part process that includes to submit your application Further information regarding registration with the Central Contractor electronically, or in paper format by calculation of the date that is two weeks Registry (CCR); (2) registering yourself mail or hand delivery if you qualify for before the application deadline date is as an Authorized Organization an exception to the electronic provided later in this section under Representative (AOR); and (3) getting submission requirement, please refer to Exception to Electronic Submission authorized as an AOR by your section IV. 6. Other Submission Requirement. organization. Details on these steps are Requirements in this notice. You may access the electronic grant outlined in the Grants.gov 3-Step We do not consider an application application for the Program for North Registration Guide (see http:// that does not comply with the deadline American Mobility in Higher Education www.grants.gov/section910/ requirements. at http://www.Grants.gov. You must Grants.govRegistrationBrochure.pdf). Individuals with disabilities who search for the downloadable application You also must provide on your need an accommodation or auxiliary aid package for this program by the CFDA application the same D–U–N–S Number in connection with the application number. Do not include the CFDA used with this registration. Please note process should contact the person listed number’s alpha suffix in your search that the registration process may take under FOR FURTHER INFORMATION (e.g., search for 84.116, not 84.116N). five or more business days to complete, CONTACT in section VII in this notice. If Please note the following: and you must have completed all the Department provides an • When you enter the Grants.gov site, registration steps to allow you to submit accommodation or auxiliary aid to an you will find information about successfully an application via individual with a disability in submitting an application electronically Grants.gov. In addition you will need to connection with the application through the site, as well as the hours of update your CCR registration on an process, the individual’s application operation. annual basis. This may take three or remains subject to all other • Applications received by Grants.gov more business days to complete. requirements and limitations in this are date and time stamped. Your • You will not receive additional notice. application must be fully uploaded and point value because you submit your Deadline for Intergovernmental submitted and must be date and time application in electronic format, nor Review: June 11, 2008. stamped by the Grants.gov system no will we penalize you if you qualify for 4. Intergovernmental Review: This later than 4:30 p.m., Washington, DC an exception to the electronic program is subject to Executive Order time, on the application deadline date. submission requirement, as described 12372 and the regulations in 34 CFR Except as otherwise noted in this elsewhere in this section, and submit part 79. Information about section, we will not consider your your application in paper format. Intergovernmental Review of Federal application if it is date and time • You must submit all documents Programs under Executive Order 12372 stamped by the Grants.gov system later electronically, including all information is in the application package for this than 4:30 p.m., Washington, DC time, on you typically provide on the following program. the application deadline date. When we forms: Application for Federal 5. Funding Restrictions: We reference retrieve your application from Education Assistance (SF 424), the regulations outlining funding Grants.gov, we will notify you if we are Department of Education Supplemental restrictions in the Applicable rejecting your application because it Information for SF 424, Budget Regulations section in this notice. was date and time stamped by the Information—Non-Construction 6. Other Submission Requirements: Grants.gov system after 4:30 p.m., Programs (ED 524), and all necessary Applications for grants under this Washington, DC time, on the assurances and certifications. Please program must be submitted application deadline date. note that two of these forms—the SF 424 electronically unless you qualify for an • The amount of time it can take to and the Department of Education exception to this requirement in upload an application will vary Supplemental Information for SF 424—

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have replaced the ED 424 (Application DC time, on the application deadline (CFDA Number 84.116N), 400 Maryland for Federal Education Assistance). date. The Department will contact you Avenue, SW., Washington, DC 20202– • You must attach any narrative after a determination is made on 4260, or sections of your application as files in whether your application will be By mail through a commercial carrier: a .DOC (document), .RTF (rich text), or accepted. U.S. Department of Education, .PDF (Portable Document) format. If you Note: The extensions to which we refer in Application Control Center, Stop 4260, upload a file type other than the three this section apply only to the unavailability Attention: (CFDA Number 84.116N), file types specified in this paragraph or of, or technical problems with, the Grants.gov 7100 Old Landover Road, Landover, MD submit a password-protected file, we system. We will not grant you an extension 20785–1506. will not review that material. if you failed to fully register to submit your Regardless of which address you use, • Your electronic application must application to Grants.gov before the you must show proof of mailing comply with any page-limit application deadline date and time or if the consisting of one of the following: requirements described in this notice. technical problem you experienced is (1) A legibly dated U.S. Postal Service • After you electronically submit unrelated to the Grants.gov system. postmark. your application, you will receive from Exception to Electronic Submission (2) A legible mail receipt with the Grants.gov an automatic notification of Requirement: You qualify for an date of mailing stamped by the U.S. receipt that contains a Grants.gov exception to the electronic submission Postal Service. tracking number. (This notification requirement, and may submit your (3) A dated shipping label, invoice, or indicates receipt by Grants.gov only, not application in paper format, if you are receipt from a commercial carrier. receipt by the Department.) The unable to submit an application through (4) Any other proof of mailing Department then will retrieve your the Grants.gov system because— acceptable to the Secretary of the U.S. application from Grants.gov and send a • You do not have access to the Department of Education. second notification to you by e-mail. Internet; or If you mail your application through This second notification indicates that • You do not have the capacity to the U.S. Postal Service, we do not the Department has received your upload large documents to the accept either of the following as proof application and has assigned your Grants.gov system; and of mailing: application a PR/Award number (an ED- • No later than two weeks before the (1) A private metered postmark. specified identifying number unique to application deadline date (14 calendar (2) A mail receipt that is not dated by your application). days or, if the fourteenth calendar day the U.S. Postal Service. • We may request that you provide us before the application deadline date If your application is postmarked after original signatures on forms at a later falls on a Federal holiday, the next the application deadline date, we will date. business day following the Federal not consider your application. Application Deadline Date Extension holiday), you mail or fax a written Note: The U.S. Postal Service does not in Case of Technical Issues with the statement to the Department, explaining uniformly provide a dated postmark. Before Grants.gov System: If you are which of the two grounds for an relying on this method, you should check experiencing problems submitting your exception prevent you from using the with your local post office. application through Grants.gov, please Internet to submit your application. c. Submission of Paper Applications contact the Grants.gov Support Desk, If you mail your written statement to by Hand Delivery. toll free, at 1–800–518–4726. You must the Department, it must be postmarked If you qualify for an exception to the obtain a Grants.gov Support Desk Case no later than two weeks before the electronic submission requirement, you Number and must keep a record of it. application deadline date. If you fax (or a courier service) may deliver your If you are prevented from your written statement to the paper application to the Department by electronically submitting your Department, we must receive the faxed hand. You must deliver the original and application on the application deadline statement no later than two weeks two copies of your application by hand, date because of technical problems with before the application deadline date. on or before the application deadline the Grants.gov system, we will grant you Address and mail or fax your date, to the Department at the following an extension until 4:30 p.m., statement to: Frank Frankfort, U.S. address: U.S. Department of Education, Washington, DC time, the following Department of Education, 1990 K Street, Application Control Center, Attention: business day to enable you to transmit NW., room 6154, Washington, DC (CFDA Number 84.116N), 550 12th your application electronically or by 20006–8544. FAX: (202) 502–7877. Street, SW., Room 7041, Potomac Center hand delivery. You also may mail your Your paper application must be Plaza, Washington, DC 20202–4260. application by following the mailing submitted in accordance with the mail The Application Control Center instructions described elsewhere in this or hand delivery instructions described accepts hand deliveries daily between 8 notice. in this notice. a.m. and 4:30 p.m., Washington, DC If you submit an application after 4:30 b. Submission of Paper Applications time, except Saturdays, Sundays, and p.m., Washington, DC time, on the by Mail. Federal holidays. application deadline date, please If you qualify for an exception to the Note for Mail or Hand Delivery of contact the person listed under FOR electronic submission requirement, you Paper Applications: If you mail or hand FURTHER INFORMATION CONTACT in may mail (through the U.S. Postal deliver your application to the section VII in this notice and provide an Service or a commercial carrier) your Department— explanation of the technical problem application to the Department. You (1) You must indicate on the envelope you experienced with Grants.gov, along must mail the original and two copies and—if not provided by the with the Grants.gov Support Desk Case of your application, on or before the Department—in Item 11 of the SF 424 Number. We will accept your application deadline date, to the the CFDA number, including suffix application if we can confirm that a Department at the applicable following letter, if any, of the competition under technical problem occurred with the address: which you are submitting your Grants.gov system and that that problem By mail through the U.S. Postal application; and affected your ability to submit your Service: U.S. Department of Education, (2) The Application Control Center application by 4:30 p.m., Washington, Application Control Center, Attention: will mail to you a notification of receipt

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of your grant application. If you do not (2) The percentage of FIPSE projects Dated: February 5, 2008. receive this notification within 15 reporting institutionalization on their Diane Auer Jones, business days from the application home campuses. Assistant Secretary for Postsecondary deadline date, you should call the U.S. If funded, you will be asked to collect Education. Department of Education Application and report data on these measures in [FR Doc. E8–2372 Filed 2–7–08; 8:45 am] Control Center at (202) 245–6288. your project’s annual performance BILLING CODE 4000–01–P V. Application Review Information report (EDGAR, 34 CFR 75.590). Applicants are also advised to consider 1. Selection Criteria: The selection DEPARTMENT OF ENERGY criteria for this program are from 34 CFR these two measures in conceptualizing 75.210 of EDGAR and are listed in the the design, implementation, and Agency Information Collection application package. evaluation of the proposed project Extension 2. Review and Selection Process: because of their importance in the Additional factors we consider in application review process. Collection AGENCY: U.S. Department of Energy. selecting an application for an award are of data on these measures should be part ACTION: Notice and Request for applications that demonstrate a tri- of the project evaluation plan, along Comments. lateral, innovative North American with any measures of progress on goals approach to training and education. and objectives that are specific to your SUMMARY: The Department of Energy project. (DOE), pursuant to the Paperwork VI. Award Administration Information Reduction Act of 1995, intends to 1. Award Notices: If your application VII. Agency Contact extend for three years, an information is successful, we notify your U.S. collection request with the Office of FOR FURTHER INFORMATION CONTACT: Representative and U.S. Senators and Management and Budget (OMB). send you a Grant Award Notification Frank Frankfort, Fund for the Comments are invited on: (a) Whether (GAN). We may notify you informally, Improvement of Postsecondary the extended collection of information also. Education, Program for North American is necessary for the proper performance If your application is not evaluated or Mobility in Higher Education, 1990 K of the functions of the agency, including not selected for funding, we notify you. Street, NW., room 6154, Washington, whether the information shall have 2. Administrative and National Policy DC 20006–8544. Telephone: (202) 502– practical utility; (b) the accuracy of the Requirements: We identify 7513. agency’s estimate of the burden of the proposed collection of information, administrative and national policy If you use a TDD, call the FRS, toll including the validity of the requirements in the application package free, at 1–800–877–8339. and reference these and other methodology and assumptions used; (c) requirements in the Applicable VIII. Other Information ways to enhance the quality, utility, and Regulations section in this notice. clarity of the information to be Alternative Format: Individuals with collected; and (d) ways to minimize the We reference the regulations outlining disabilities can obtain this document burden of the collection of information the terms and conditions of an award in and a copy of the application package in on respondents, including through the the Applicable Regulations section in an alternative format (e.g., Braille, large use of automated collection techniques this notice and include these and other print, audiotape, or computer diskette) or other forms of information specific conditions in the GAN. The on request to the program contact technology. GAN also incorporates your approved FOR FURTHER application as part of your binding person listed under DATES: Comments regarding this commitments under the grant. INFORMATION CONTACT in section VII in proposed information collection must 3. Reporting: At the end of your this notice. be received on or before April 8, 2008. project period, you must submit a final Electronic Access to This Document: If you anticipate difficulty in submitting performance report, including financial You can view this document, as well as comments within that period, contact information, as directed by the all other documents of this Department the person listed below as soon as Secretary. If you receive a multi-year published in the Federal Register, in possible. award, you must submit an annual text or Adobe Portable Document ADDRESSES: Written comments may be performance report that provides the Format (PDF) on the Internet at the sent to Richard Langston by fax at 202– most current performance and financial following site: http://www.ed.gov/news/ 287–1345 or by e-mail to expenditure information as directed by fedregister. [email protected]. the Secretary under 34 CFR 75.118. The To use PDF you must have Adobe Secretary may also require more FOR FURTHER INFORMATION CONTACT: frequent performance reports under 34 Acrobat Reader, which is available free Requests for additional information or CFR 75.720(c). For specific at this site. If you have questions about copies of the information collection requirements on reporting, please go to using PDF, call the U.S. Government instrument and instructions should be http://www.ed.gov/fund/grant/apply/ Printing Office (GPO), toll free, at 1– directed to Richard Langston at 202– appforms/appforms.html. 888–293–6498; or in the Washington, 287–1339 or by fax at 202–287–1345 or 4. Performance Measures: Under the DC area at (202) 512–1530. by e-mail at [email protected]. Government Performance and Results Note: The official version of this document Act (GPRA), the following performance is the document published in the Federal SUPPLEMENTARY INFORMATION: This measures are used by the Department to Register. Free Internet access to the official information collection request contains: assess the performance of the FIPSE edition of the Federal Register and the Code (1) OMB No. 1910–4100; (2) Information program: of Federal Regulations is available on GPO Collection Request Title: Department of (1) The percentage of FIPSE grantees Access at: http://www.gpoaccess.gov/nara/ Energy Procurement Package; (3) Type reporting project dissemination to index.html. of Review: Renewal; (4) Purpose: The others; and procurement information is used by the

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Department’s program, financial and separate Court decision that found The Supplemental ROD will consider procurement personnel to evaluate BPA’s 2000 Residential Exchange and address the comments received. proposals and administer contracts. Program (REP) Settlement Agreements The WP–07 Supplemental Proceeding These collections are used to exercise (REP Settlement Agreements) contrary will begin with a prehearing conference management oversight and control of to law. In response, BPA proposes to at 9 a.m., Pacific Standard Time, on the Department’s management determine the amounts of REP February 19, 2008, held in the BPA contractors operating the Department’s settlement costs improperly included in Rates Hearing Room, 2nd Floor, 911 NE major facilities and other contractors FY 2002–2008 power rates, recover 11th Avenue, Portland, OR. Due to furnishing goods and services; (5) those amounts from investor owned increased security requirements, Respondents: 7,539; (6) Estimated utility customers (IOUs) over time and attendees should allow additional time Number of Burden Hours: 896,209. return improperly included amounts to to enter the building and complete the Statutory Authority: Section 644 of preference customers. The WP–07 required screening process. Photo the Department of Energy Organization Supplemental Proceeding also includes identification will be required for entry. Act, 42 U.S.C. 7254, and section 205(c) proposed revisions to BPA’s Section BPA will release its 2007 Supplemental of the Federal Property and 7(b)(2) Legal Interpretation and Section Wholesale Power Rate Proposal (WP–07 Administrative Services Act, 40 U.S.C. 7(b)(2) Implementation Methodology. Supplemental Proposal) and supporting 486(c). Persons that previously intervened in documents at the prehearing conference. BPA’s WP–07 Wholesale Power Rate Issued in Washington, DC on February 1, Compact discs (CDs) containing the 2008. Adjustment Proceeding automatically WP–07 Supplemental Proposal will be continue their party status in the WP– Edward R. Simpson, provided to the parties at the prehearing 07 Supplemental Proceeding. Other conference. The WP–07 Supplemental Director, Office of Procurement and persons wishing to become a formal Assistance Management. Proposal will also be available on BPA’s party to the proceeding must file a [FR Doc. E8–2341 Filed 2–7–08; 8:45 am] Web site at http://www.bpa.gov/ petition to intervene, notifying BPA in corporate/ratecase. BILLING CODE 6450–01–P writing of their intention to do so in FOR FURTHER INFORMATION CONTACT: conformance with the requirements Ms. Heidi Helwig, Public Affairs stated in this Notice. DEPARTMENT OF ENERGY Specialist, Public Affairs Office, DKE– DATES: Petitions to intervene must be 7, P.O. Box 3621, Portland, OR 97208. Bonneville Power Administration received no later than 5 p.m., Pacific Interested persons may also call 503– Standard Time, on February 18, 2008. 230–3458 or 1–800–622–4519 (toll- 2007 Supplemental Wholesale Power Non-party participants may make free) Rate Adjustment Proceeding, Public written comments between February 8, Ms. Leslie M. Dimitman, Paralegal Hearings, and Opportunities for Public 2008, and May 5, 2008. Comments must Specialist, Office of General Counsel, Review and Comment be received by 5 p.m., Pacific Daylight LP–7, P.O. Box 3621, Portland, OR Savings Time, on May 5, 2008, in order 97208. Interested persons may also AGENCY: Bonneville Power to be considered in the Supplemental call Ms. Dimitman at (503) 230–5515, Administration (BPA), Department of Record of Decision (Supplemental or the general BPA toll-free numbers Energy (DOE). ROD). (See Part III (A) for more 1–800–282–3713 (answered Monday ACTION: Notice of Proposed Wholesale information.) through Friday 6:30 a.m. to 5 p.m.) or Power Rates (Notice). BPA File No.: 1–866–879–2303 (answered by WP–07. ADDRESSES: Petitions to intervene should be directed to Robert Welsh, voicemail) SUMMARY: The Pacific Northwest Hearing Clerk, LP–7, Bonneville Power Information also may be obtained Electric Power Planning and Administration, 905 NE 11th Avenue, from: Conservation Act (Northwest Power Portland, OR 97232 or by e-mail to: Mr. Raymond D. Bliven, Power Rates Act) provides that BPA must establish [email protected]. In addition, a copy Manager—PFR–6, P.O. Box 3621, and periodically review and revise its of the petition must be served Portland, OR 97208 rates so they are adequate to recover, in concurrently on BPA’s General Counsel Ms. Suzanne B. Cooper, Power Policy accordance with sound business and directed to Kurt R. Casad, LP–7, and Rates Manager—PF–6, P.O. Box principles, the costs associated with the Office of General Counsel, Bonneville 3621, Portland, OR 97208 acquisition, conservation and Power Administration, 905 NE 11th Ms. Elizabeth Evans, Policy Analysis transmission of electric power, and to Avenue, Portland, OR 97232 or by e- Manager—PFB–6, P.O. Box 3621, recover the Federal investment in the mail to: [email protected]. See Part III Portland, OR 97208 Federal Columbia River Power System (A) for more information.) Written Mr. Garry Thompson, Manager, Eastern (FCRPS) and other costs incurred by comments by non-party participants Power Business Area; Mr. Ken BPA. BPA is reopening its WP–07 must be received by 5 p.m. Pacific Hustad, Senior Customer Account wholesale power rate proceeding, which Daylight Savings Time, on May 5, 2008, Executive; Ms. Carol Hustad, established power rates for Fiscal Years in order to be considered in the Customer Account Executive; Mr. (FY) 2007–2009, in order to respond to Supplemental Record of Decision Michael Normandeau, Customer recent decisions from the United States (Supplemental ROD). Written comments Account Executive, Eastern Power Court of Appeals for the Ninth Circuit may be made as follows: In person at the Business Area—PSE, 707 W. Main, (Ninth Circuit or Court) and to revise field hearings (see schedule and Suite 500, Spokane, WA 99201 rates for FY 2009. locations in Part I of this Notice), online Mr. Scott Coe, Manager, Western Power This 2007 Supplemental Wholesale at BPA’s Web site: http://www.bpa.gov/ Business Area; Mr. Charles Forman, Power Rate Adjustment Proceeding comment, or by mail to: BPA Public Customer Account Executive; Ms. (WP–07 Supplemental Proceeding) Affairs, DKE–7, P.O. Box 14428, Claire Hobson, Customer Account responds to the Court’s remand of BPA’s Portland, OR 97293–4428. Please Executive; Ms. Tina Ko, Customer WP–02 power rates for FY 2002–2006. identify written or electronic comments Account Executive; Ms. Theresa This proceeding also responds to a as ‘‘WP–07 Supplemental Proceeding.’’ Rockwood, Customer Account

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Executive; Western Power Business a single supplemented record Bonneville Power Admin., 501 F.3d Area—PSW–6, P.O. Box 3621, supporting BPA’s proposed rates for FYs 1009 (9th Cir. 2007) (PGE). Also, Portland, OR 97208 2007, 2008, and 2009. subsequent to the Golden NW and PGE Mr. Larry King, Customer Account In developing BPA’s WP–02 power decisions, the Court reviewed three Executive, 2700 Overland, Burley, ID rates, BPA’s revenue requirement petitions for review challenging Load 83318 included anticipated costs of REP Reduction Agreements (LRAs) BPA Mr. C. T. Beede, Customer Account Settlement Agreements with six regional executed with two IOUs during the Executive, P.O. Box 40, Big Arm, MT IOUs. BPA allocated the majority of energy crisis of 2000–2001. The Court 59910 these settlement costs to the Priority dismissed two of the petitions for lack Mr. Dan Bloyer, Customer Account Firm Power (PF) Preference rate. of jurisdiction and one petition as moot. Executive, 1011 SW Emkay Drive, Following final approval of BPA’s WP– The Court also reviewed challenges to Suite 211, Bend, OR 97702 02 rates by FERC, a number of parties amendments to the REP Settlement Mr. Larry Felton, Senior Account challenged the WP–02 power rates in Agreements signed in 2004. In Public Executive, Kootenai Building, Room the Ninth Circuit. In Golden NW Utility Dist. No. 1 of Snohomish County, 215, N. Power Plant Loop, Richland, Aluminum, Inc. v. Bonneville Power Wash. v. Bonneville Power Admin., 506 WA 99352–0968 Admin., 501 F.3d 1037 (9th Cir. 2007) F.3d 1145 (9th Cir. 2007) (Snohomish), Mr. Stuart Clarke, Senior Customer (Golden NW), the Court held BPA had the Court remanded the amendments Account Executive; Mr. George Reich, improperly allocated REP Settlement and a contract provision establishing a Senior Customer Account Executive; Agreement costs to BPA’s rates for Reduction of Risk Discount to BPA. BPA Ms. Shannon Greene, Customer preference customers. During the must respond to the foregoing decisions. Account Executive; Ms. R. Kirsten litigation of Golden NW, but prior to the Because the ratemaking and REP issues Watts, Customer Account Executive; Court’s decision, BPA conducted a are interrelated, BPA is proposing to 909 First Avenue, Suite 380, Seattle, subsequent hearing (WP–07) to establish address its response to the Court’s WA 98104–3636 power rates for FY 2007–2009. In decisions in the WP–07 Supplemental SUPPLEMENTARY INFORMATION: establishing these rates, BPA allocated Proceeding. REP settlement costs in the same In summary, this WP–07 Table of Contents manner as in BPA’s WP–02 rates. Supplemental Proceeding is being held I. Introduction and Procedural Background Because the Court held in Golden NW for four primary purposes: (1) To II. Policy Guidance and Scope of Hearing that BPA’s allocation of REP settlement establish new power rates for FY 2009; III. Public Participation IV. Summary of WP–07 Supplemental costs in its WP–02 rates was improper, (2) to determine the amount of benefits Proposal and Major Studies BPA’s allocation of such costs in the that BPA’s IOU customers received, or V. Section 7(b)(2) Legal Interpretation and WP–07 rates is similarly flawed. would have received, from FY 2002 Implementation Methodology In addition, the Court held that BPA’s through FY 2008 under REP settlements; VI. Summary of Proposal To Respond to the WP–02 fish and wildlife cost estimates, (3) to determine the amount of REP Court’s Opinions Regarding BPA’s 2000 and by extension the rates set pursuant benefits the IOUs would have received REP Settlement Agreements, WP–02 to those estimates, were not supported in the absence of the REP settlements; Rates, and by Extension, WP–07 Rates by substantial evidence. The Court and (4) to address any difference VII. 2007 Supplemental Wholesale Power indicated BPA relied on outdated between these two amounts. Rate Case Schedules (FY 2009) and 2007 assumptions and had not appropriately Specifically, the revised power rates for Supplemental General Rate Schedule considered information presented Provisions (FY 2009) FY 2009 include the PF Preference rate regarding its fish and wildlife costs. and the PF Exchange rate. The average Part I—Introduction and Procedural BPA’s subsequent approach to PF Preference rate of $26.2/MWh, about Background forecasting fish and wildlife costs in the a four percent (4%) reduction, results development of its WP–07 rates differed A. Overview and Background to This largely from the reduced REP costs. The from the approach BPA used in revised PF Exchange rate is used to Rate Filing developing its WP–02 rates. determine REP benefits in FY 2009 As BPA is proposing to conduct a WP– Nonetheless, as described in more detail part of this process, BPA is also 07 Supplemental Proceeding in order to: in Part II.A.5, BPA is taking steps to proposing revisions to BPA’s Section (1) Adjust BPA’s FY 2009 power rates ensure that its final WP–07 7(b)(2) Legal Interpretation and Section consistent with recent decisions of the Supplemental rates for FY 2009 are 7(b)(2) Implementation Methodology. Ninth Circuit regarding BPA’s WP–02 based on the most recent projections of An introduction to BPA’s WP–07 power rates for FY 2002–2006; and (2) fish and wildlife costs available at the Supplemental Proposal is contained in respond to the Court’s decision finding time of rate development. In a Part IV of this Notice. A summary of BPA’s REP Settlement Agreements procedural forum separate from the BPA’s proposal regarding the contrary to the Northwest Power Act. WP–07 Supplemental Proceeding, BPA calculation of REP benefits for FY 2002– Due to the time it takes to conduct a will provide opportunities for fish and 2008 is contained in Part VI. general rate adjustment proceeding, wildlife managers and others to provide BPA determined that its first input to BPA regarding BPA’s fish and B. Legal Requirements opportunity to establish revised power wildlife program costs for FY 2009. Section 7(i) of the Northwest Power rates to conform to the Court’s opinions Decisions made based on the Act, 16 U.S.C. 839e(i), requires that was prior to the one-year FY 2009 rate information gained from this separate BPA’s rates be established according to period. Because BPA’s WP–07 rates (FY program cost review forum will be used certain procedures. These procedures 2007–2009) are currently before the in the development of BPA’s final WP– include, among other things: Federal Energy Regulatory Commission 07 Supplemental rates. publication of a notice of the proposed (FERC) for final approval, BPA asked In a companion case to Golden NW, rates in the Federal Register; one or FERC to stay its review until BPA was the Court held that BPA’s REP more hearings conducted as able to conduct a supplemental rate Settlement Agreements with the IOUs expeditiously as practicable by a proceeding to address the issues noted were contrary to the Northwest Power Hearing Officer; public opportunity to above. This will permit FERC to review Act. Portland General Elec. Co. v. provide both oral and written views

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related to the proposed rates; the ratemaking provisions; or (5) matters studies addressing the factors used to opportunity to offer refutation or that all parties agree may be made on an develop these rates are listed in Part IV rebuttal of submitted material; and a ex parte basis. The ex parte rule remains and will be available for examination decision by the Administrator based on in effect until the Administrator’s Final beginning February 19, 2008, at BPA’s the record. This proceeding is governed ROD is issued, which is scheduled to Public Information Center, BPA by § 1010 of BPA’s Rules of Procedure occur on or about August 18, 2008. Headquarters Building, 1st Floor, 905 Governing Rate Hearings, 51 FR 7611 The Bonneville Project Act, 16 U.S.C. NE 11th Avenue, Portland, Oregon, and (1986) (BPA Hearing Procedures). These 832, the Flood Control Act of 1944, 16 will be provided to parties at the procedures implement the statutory U.S.C. 825s, the Federal Columbia River prehearing conference to be held on section 7(i) requirements. Transmission System Act, 16 U.S.C. February 19, 2008, beginning at 9 a.m., 838, and the Northwest Power Act, 16 Pacific Standard Time, Room 223, 911 Section 1010.7 of the BPA Hearing U.S.C. 839, provide guidance regarding Procedures prohibits ex parte NE 11th Avenue, Portland, Oregon. BPA ratemaking. The Northwest Power Copies of the studies and communications. The ex parte rule Act requires BPA to set rates that are applies to all BPA and DOE employees documentation can be downloaded from sufficient to recover, in accordance with BPA’s Web site at http://www.bpa.gov/ and contractors. Except as provided sound business principles, the cost of below, any outside communications corporate/ratecase or can be requested acquiring, conserving and transmitting (on a compact disc or hard copy) by with BPA and/or DOE personnel electric power, including amortization regarding BPA’s rate case by other calling BPA’s document request line of the Federal investment in the FCRPS toll-free at: 1–800–622–4519. Executive Branch agencies, Congress, over a reasonable period of years, and existing or potential BPA customers certain other costs and expenses A formal evidentiary rate hearing will (including tribes), and nonprofit or incurred by the Administrator. be conducted that is open to rate case public interest groups are considered BPA’s 2007 Supplemental Wholesale parties. Interested parties that did not outside communications and are subject Power Rate Schedules (FY 2009) and previously intervene in BPA’s WP–07 to the ex parte rule. The general rule 2007 Supplemental General Rate power rate proceeding must file does not apply to communications Schedule Provisions (GRSPs) (FY 2009), petitions to intervene in order to take relating to: (1) Matters of procedure only as well as the Section 7(b)(2) Legal part in the WP–07 formal hearing. A (the status of the rate case, for example); Interpretation and Section 7(b)(2) proposed schedule for the WP–07 (2) exchanges of data in the course of Implementation Methodologye, are Supplemental Proceeding is stated business or under the Freedom of available for viewing and downloading below. Information Act; (3) requests for factual on BPA’s Web site at http:// The Hearing Officer will establish a information; (4) matters BPA is www.bpa.gov/corporate/ratecase as final schedule at the prehearing responsible for under statutes other than discussed in Part VII of this Notice. The conference.

Prehearing/BPA Direct Case ...... 02/19/08 Clarification ...... 02/27/08–02/29/08 Motions to Strike ...... 03/07/08 Data Request Deadline ...... 03/07/08 Answers to Motions to Strike ...... 03/14/08 Data Response Deadline ...... 03/14/08 Spokane, WA Field Hearing ...... 03/18/08 Portland, OR Field Hearing ...... 03/20/08 Parties file Direct Cases ...... 03/28/08 Clarification ...... 04/07/08–04/09/08 Motions to Strike ...... 04/11/08 Data Request Deadline ...... 04/11/08 Answers to Motions to Strike ...... 04/18/08 Data Response Deadline ...... 04/18/08 Litigants file Rebuttal ...... 05/05/08 Close of Participant Comments ...... 05/05/08 Clarification ...... 05/12/08–05/14/08 Motions to Strike ...... 05/15/08 Data Request Deadline ...... 05/15/08 Answers to Motions to Strike ...... 05/22/08 Data Response Deadline ...... 05/22/08 Cross-Examination ...... 05/27/08–05/30/08 Initial Briefs Filed ...... 06/09/08 Oral Argument ...... 06/16/08–06/17/08 Publish Draft ROD ...... 07/16/08 Briefs on Exceptions ...... 07/28/08 Publish Final ROD—Final Studies ...... 08/18/08

As noted above, BPA will conduct hearings have been scheduled to take available on the rate case Web site. The two public field hearings in the Pacific place at the locations, dates, and times BPA Public Affairs Office also may be Northwest. Public field hearings are an specified below. The hearing dates also contacted for this information at the opportunity for persons who are not will be posted on the BPA’s Web site telephone number previously listed. parties in the formal rate hearing to have (http://www.bpa.gov/corporate/ their views included in the official ratecase) and through announcements record. Written transcripts will be made in local newspapers. Any changes to the at all of the field hearings. The field scheduled public hearings will be

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PUBLIC FIELD HEARINGS SCHEDULE of the Regional Dialogue, referred to as program spending levels. The PFR the Near-Term Policy, addressed issues process consisted of two phases 03/18/08 ... 6 p.m. .. Spokane, Wash- that had to be resolved in order to designed to give interested parties an ington. replace power rates that expired in opportunity to examine, understand and 03/20/08 ... 6 p.m. .. Portland, Oregon. September 2006. See Bonneville Power provide input on the cost projections Administration’s Policy for Power that would form the basis for BPA’s Part II—Policy Guidance and Scope of Supply Role for Fiscal Years 2007–2011 WP–07 Power Rate Proposal. The first Hearing (February 2005). The issues in the phase concluded in June 2005 when A. Policy Guidance second phase were addressed in BPA’s BPA issued the PFR Final Report. At Long-Term Regional Dialogue Final that time, BPA committed to re-examine The following policies are Policy and Record of Decision, which the program levels prior to establishing foundational elements that guided the was published on July 19, 2007. The power rates in BPA’s final proposal. In development of major components of Long-Term Regional Dialogue Final early 2006, BPA conducted the second this supplemental rate proposal. Policy is expected to be implemented phase, known as PFR II, allowing 1. BPA’s Subscription Strategy through new power sales contracts and interested parties an opportunity to a future rate case conducted before such On December 21, 1998, BPA issued a review these program levels. Workshops contracts go into effect in FY 2012. The were held during January through Power Subscription Strategy and Record Long-Term Regional Dialogue Final of Decision (Subscription Strategy). The March, 2006 and in April of 2006, BPA Policy does not affect this WP–07 issued a draft closeout report for Subscription Strategy reflected BPA’s Supplemental Proceeding. position on the equitable distribution of comment. After the close of comment, Federal power for FY 2002–2011. The 3. Service to Direct Service Industries BPA reviewed all comments and issued Subscription Strategy was the (DSIs) the PFR II Final Closeout Report culmination of a multi-year public documenting BPA’s decisions on June 1, The Near-Term Policy established 2006. These updated program levels process that established BPA’s plan for parameters for service to the DSIs that the availability of Federal power post- were then incorporated into BPA’s WP– were further addressed in ‘‘Bonneville 07 Final Proposal. 2001, the products from which Power Administration’s Service to DSI customers could choose, and an outline Customers for Fiscal Years 2007–2011, 5. Mid-WP–07 Rate Period Cost Forecast of the contracts and pricing framework Administrator’s Record of Decision’’ Changes for those products. (DSI ROD) (June 30, 2005), and For the WP–07 Supplemental The Subscription Strategy provided a Supplement to Administrator’s Record Proceeding, BPA reviewed the FY 2009 marketing framework for the WP–02 and of Decision on Bonneville Power program levels incorporated into the WP–07 power rate cases. The WP–02 Administration’s Service to Direct WP–07 Final Proposal that were and WP–07 power rate cases developed Service Industrial (DSI) Customers for developed through the PFR I and II the rate schedules necessary for the Fiscal Years 2007–2011, Administrator’s processes. BPA then evaluated whether products and contracts that were Record of Decision (May 31, 2006), these forecasts remain reasonable in developed through Subscription. The (together the ‘‘DSI RODs’’). light of current projections. From this Subscription contracts, except for the In the DSI RODs, BPA determined to evaluation, BPA determined that REP Settlement Agreements, continue to offer to aluminum company DSIs power adjustments were needed in certain be the basis for the contractual sales contracts for an aggregate 560 program areas to address significant relationship between BPA and nearly all aMW of benefits at a capped cost of $59 changes in forecast program levels. of its firm power customers. BPA is million. In addition, BPA offered a 17 Specifically, these cost areas include: assuming for purposes of this WP–07 aMW surplus firm power sales contract The Residential Exchange Program; Supplemental Proceeding that the IOUs, for Port Townsend Paper Company Columbia Generating Station (CGS) except Idaho Power Company (Idaho through the local public utility under operation and maintenance; interest; Power), would have signed Residential the FPS rate (or the Industrial Firm amortization; depreciation; renewables; Purchase and Sale Agreements (RPSAs) Power (IP) rate, if viable) at a price energy efficiency; long-term generating in the fall of 2000 instead of the 2000 approximately equivalent to, but in no projects; augmentation; purchased REP Settlement Agreements. case less than, its lowest-cost PF rate. power; and fish and wildlife costs. BPA BPA decided to allocate a share of the 2. Regional Dialogue and the Near-Term described the nature of the non-REP cost 560 aMW of service benefits to each DSI and Long-Term Policies changes to interested persons in a aluminum company for purposes of public workshop on October 10, 2007. The Regional Dialogue process began making an initial offer of service. In the October workshop, BPA in April 2002 when a group of BPA’s Because of the financial risks inherent notified attendees that it intended to Pacific Northwest electric utility in providing actual power and in order initiate a separate public process to customers submitted a ‘‘joint customer to meet the known and capped cost address possible changes to the fish and proposal’’ to BPA that addressed both prerequisite, BPA determined that the wildlife cost forecast for FY 2009, 1 costs near-term and long-term contract and delivery mechanism would be to of operating the CGS, and other cost rate issues. Since then, BPA, the monetize the value of the below-market changes identified that are relevant to Northwest Power and Conservation power sales to provide service benefits the WP–07 Supplemental Proceeding. In Council (Council), customers, and other through cash payments. interested parties have worked on these near- and long-term issues. Considering 4. Power Function Review and Other 1 Such changes could result from, for example, Cost Reviews the issuance by NOAA Fisheries of a final the depth and complexity of many of Biological Opinion regarding the impacts of the these issues, BPA concluded it was not In January 2005, BPA initiated an mainstem Federal Columbia River Power System practical to resolve all issues before the extensive process, known as the Power dams on threatened and endangered salmon and start of the WP–07 rate case. Therefore, steelhead, and from any related commitments BPA Function Review (PFR), to examine may make in a long-term Memoranda of Agreement BPA determined that it would address Power Services’ (formerly known as currently being discussed with some regional the issues in two phases. The first phase Power Business Line or PBL) intended governmental entities.

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this separate forum, BPA will provide with customers from July through described in Part II.A.5, BPA evaluated interested persons an opportunity to November 2006 to discuss transmission whether updated forecasts of program review and comment on any costs, revenues, and rate design issues levels were needed for this WP–07 adjustments to program levels. After the for the FY 2008–2009 rate period. Supplemental Proceeding, and close of comment, BPA will issue a Customers expressed interest in meeting determined that, except in a few closeout report detailing any necessary with Transmission Services to develop instances, they were not. Therefore, adjustments to program levels. These a settlement for the FY 2008–2009 rate except as noted above in Part II.A.5 and forecast costs will then be incorporated period. Transmission Services described below, this WP–07 into BPA’s final rate proposal for FY continued meetings with customers Supplemental Proceeding will not 2009. between October and November 2006, revisit the previous forecasts of program resulting in the 2008 Transmission Rate levels for FY 2007–2009 made in the 6. Post-2006 Conservation Program Case Settlement Agreement. PFR I and II processes and incorporated Structure Proposal On April 23, 2007, BPA issued the into the WP–07 Final Proposal. Nor is The Conservation Program Structure ‘‘Final Transmission Rate Proposal this WP–07 Supplemental Proceeding Proposal was finalized and issued June Administrator’s Record of Decision’’ the forum to revisit or seek new 28, 2005. It describes BPA’s approach to which adopted the transmission and decisions regarding program spending offering conservation programs during ancillary services rates reflected in the commitments for this period. FY 2007 through FY 2009. The 2008 Transmission Rate Case Settlement To allow public review and input on decisions of this post-2006 proposal Agreement. FERC granted interim program level forecasts that BPA has were used as inputs in the development approval to these rates on September 20, determined require updating, BPA will of BPA’s WP–07 Power Rate Case Final 2007. The Transmission Services rate hold a separate process to address Proposal. BPA does not propose any case settlement established fixed rates adjustments to the program level changes in this area for the WP–07 for certain ancillary services and some forecasts for FY 2009 associated with Supplemental Proceeding. transmission rates that incorporate CGS costs, fish and wildlife costs and 7. Transmission Rate Case ancillary services. The generation inputs any other necessary program categories that support the ancillary services and for which significant changes have or BPA is committed to marketing its other control area services sold by may occur before BPA’s final rate power and transmission services Transmission Services are provided by proposal. This separate process will separately in a manner modeled after Power Services. BPA is not proposing include an opportunity for entities, such the regulatory initiatives adopted in any changes to its generation input costs as fish and wildlife managers, to engage 1996 by FERC to promote competition for FY 2009 except for the recognition BPA on the cost assumptions made and in wholesale power markets. FERC’s of additional revenues expected from the appropriateness of any proposed initiatives in Orders 888 2 and 889 3 Transmission Services for Wind adjustments in forecasts. Any directed public utilities regulated under Integration. adjustments adopted by BPA to the the Federal Power Act to separate their program level forecasts for FY 2009 as B. Scope of the WP–07 Supplemental power merchant functions from their a result of this separate process will be Proceeding transmission reliability functions; incorporated into BPA’s final rate unbundle transmission and ancillary Many of the policies that guide BPA’s proposal for FY 2009. Because services from wholesale power services; power marketing decisions have been discussions regarding spending and set separate rates for wholesale made or will be made in other public commitments or discussions about generation, transmission, and ancillary review processes. In addition, many adjustments in forecasts of costs in these services. Although BPA is not required decisions about BPA’s financial program areas will occur in forums by law to follow FERC’s regulatory commitments, including for example, separate from this rate proceeding, directives that promote competition and what BPA plans to spend on meeting its pursuant to § 1010.3(f) of BPA Hearing open access transmission service, BPA fish and wildlife obligations, are made Procedures, the Administrator hereby elected to separate its power and in forums other than the rate case. This directs the Hearing Officer to exclude transmission operations and unbundle section provides guidance to the from the record any materials attempted its rates in a manner consistent with the Hearing Officer as to those matters that to be submitted or arguments attempted directives concerning open access are within the scope of the rate case, to be made in the proceeding that seek transmission service. BPA develops its and those that are outside the scope. to address program spending transmission rates in separate commitment decisions, or address 1. Program Level Expense Forecasts and proceedings from its power rates. adjustments in the program level Commitments On February 5, 2007, BPA’s forecasts for FY 2009 for CGS costs, fish Transmission Services (formerly known Section 7(i) rate proceedings establish and wildlife costs, and any other as the Transmission Business Line or the rates applicable to BPA’s products program categories. TBL) initiated a rate case to establish and services at levels set to assure transmission rates for the FY 2008–2009 recovery of BPA’s costs in total. The 2. Near-Term Policy Decisions transmission rate period. Prior to the section 7(i) proceeding does not As detailed above, BPA issued the initiation of that rate case, Transmission establish the program levels to be Near-Term Policy on February 4, 2005. Services held several public meetings recovered during a rate period. Instead, The Policy resolved a number of policy program levels (including programmatic decisions that affect BPA’s WP–07 2 Promoting Wholesale Competition Through decisions and decisions regarding Supplemental Proposal. Those issues Open Access Non-Discriminatory Transmission Services by Public Utilities; Recovery of Stranded spending commitments) are decided in include, but are not limited to, decisions Costs by Public Utilities and Transmitting Utilities various forums outside the section 7(i) on the availability of the lowest cost PF Reg-Preamble, FERC Stats & Regs 1991–96, para. proceedings. Once set, however, rate to public agency customers; the 31,036 (1996). program levels are taken into term of the rate period; DSI service 3 Open Access Same-Time Information System (formerly Real-Time Information Networks) and consideration when designing the rates options; and the availability of products Standards of Conduct, Reg-Preamble, FERC Stats & proposed in a section 7(i) proceeding to for new or existing customers. Pursuant Regs 1991–96, para. 31,035 (1996). ensure such costs are recovered. As to § 1010.3(f) of the BPA Hearing

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Procedures, the Administrator hereby in the BPA’s WP–07 Final Proposal. service rate levels, redispatch costs directs the Hearing Officer to exclude Based on updated information, the WP– between Transmission Services and from the record any materials attempted 07 Supplemental Proposal will include Power Services related to Attachment K to be submitted or arguments attempted revised charges for some generation redispatch for FY 2008–2009, and the to be made in the proceeding that seek inputs and these revisions are included level of the GTA Delivery Charge for FY to in any way to revisit the within the scope of this rate proceeding. 2009. appropriateness or reasonableness of Pursuant to § 1010.3(f) of BPA’s Hearing 6. Post-2006 Conservation Program BPA’s decisions made in the Near-Term Procedures, the Administrator directs Structure Proposal Policy ROD. the Hearing Officer to exclude from the record any materials attempted to be Through the post-2006 workgroup 3. DSI Service submitted or arguments attempted to be collaboration, customers and The DSI Service RODs established the made in the proceeding that seek in any constituents provided input on the manner in which BPA would provide way to revisit the appropriateness or development of BPA’s post-2006 service and benefits to its DSI customers reasonableness of any issues, other than conservation approach. Pursuant to during FY 2007–2011. Pursuant to the charges, related to the generation § 1010.3(f) of BPA Hearing Procedures, § 1010.3(f) of the BPA Hearing inputs. This exclusion includes, but is the Administrator hereby directs the Procedures, the Administrator directs not limited to, issues regarding the level Hearing Officer to exclude from the the Hearing Officer to exclude from the or quality of the generation inputs that record any materials attempted to be record any materials attempted to be Transmission Services requests from submitted or arguments attempted to be submitted or arguments attempted to be Power Services. These determinations made in the hearing that seek to in any made in the proceeding that seek to in are generally made by Transmission way revisit the appropriateness or any way to revisit the appropriateness Services in accordance with industry, reasonableness of BPA’s conservation or reasonableness of BPA’s decisions reliability, and other compliance programs and establishment of their made in the DSI RODs. standards and criteria, and are not associated expense levels through the Post-2006 Conservation Program 4. Transmission Acquisition Expense matters appropriate for the WP–07 Supplemental Proceeding. Structure Proposal dated June 28, 2005. In the PFR I and II processes, BPA In addition, BPA will conduct a The Hearing Officer is also directed to reviewed with interested persons section 7(i) process related to within- exclude from the scope of this program levels related to Power hour balancing capacity for wind proceeding evidence regarding BPA’s Services’ transmission acquisitions. generation. Pursuant to § 1010.3(f) of portfolio of conservation programs, as These program levels represent the costs BPA’s Hearing Procedures, the well as their expenses, that BPA intends associated with services necessary to Administrator directs the Hearing to pursue during FY 2009. deliver energy from generating resources Officer to exclude from the record any 7. Federal and Non-Federal Debt Service to markets and loads. These costs materials attempted to be submitted or and Debt Management include: transmission expenses; arguments attempted to be made in the ancillary services; real power losses; WP–07 Supplemental Proceeding that During the PFR, and in other forums, generation integration costs associated seek in any way to address the issues BPA has provided background with BPA-owned transmission facilities; contained within the scope of the information on its internal Federal and and metering and communication within-hour balancing capacity for wind non-Federal debt management policies requirements. Pursuant to § 1010.3(f) of generation rate proceeding (Proposed and practices. The discussions of these BPA Hearing Procedures, the Wind Integration—Within-Hour topics in the PFR and other forums were Administrator hereby directs the Balancing Service Rate (WI–09)), except not intended to seek input from Hearing Officer to exclude from the that the appropriate treatment of the customers and constituents regarding record any materials attempted to be additional revenue resulting from this BPA’s debt management policies and submitted or arguments attempted to be proceeding is a matter that is included practices. Rather, these discussions made in the hearing that seek to in any within the scope of the WP–07 were intended to merely inform way revisit the appropriateness or Supplemental Proceeding. interested parties about these matters so reasonableness of BPA’s transmission that they would better understand acquisition program level estimates. b. Transmission Rate Case BPA’s debt structure. Although the PFR 5. Other Transmission Issues On April 23, 2007, BPA issued the closeout letter did not make any 2008 ‘‘Final Transmission Proposal- decisions regarding BPA’s debt a. Generation Inputs Administrator’s Record of Decision’’ management policies and practices, Power Services provides a portion of that adopted the transmission and these remain outside the scope of the the FCRPS’s available generation to ancillary services rates as reflected in rate case. Therefore, pursuant to Transmission Services to enable the 2008 Transmission Rate Case § 1010.3(f) of BPA Hearing Procedures, Transmission Services to meet its Settlement Agreement. FERC granted the Administrator hereby directs the various transmission and control area interim approval to these transmission Hearing Officer to exclude from the requirements. Transmission Services rates on September 20, 2007. Pursuant record any materials attempted to be uses the generation inputs to provide to § 1010.3(f) of BPA Hearing submitted or arguments attempted to be ancillary and control area services. To Procedures, the Administrator hereby made in the hearing which seek to in recover the costs associated with directs the Hearing Officer to exclude any way visit the appropriateness or providing these generation inputs, from the record any materials attempted reasonableness of BPA’s debt Power Services develops charges based to be submitted or arguments attempted management policies and practices. on relevant FCRPS costs that are to be made in the hearing which seek in assessed the transmission function. The any way to revisit the appropriateness 8. Average System Cost Methodology costs Power Services are proposing to or reasonableness of issues determined Concurrent with the publication of use to determine the generation input in the transmission rate case. That this notice, BPA is publishing a separate costs and associated unit costs to proceeding addressed, among other notice in the Federal Register to Transmission Services were addressed things, transmission and ancillary commence a consultation proceeding to

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develop a new Average System Cost of Decision (Business Plan ROD) that deadline identified in Part I will be (ASC) Methodology. Section 5(c) of the adopted the Market-Driven Alternative considered by BPA’s NEPA compliance Northwest Power Act established the from the Business Plan EIS. This staff in the NEPA process that will be REP, which provides benefits to alternative was selected because, among conducted for this Proposal. residential consumers of Pacific other reasons, it allows BPA to: (1) Part III—Public Participation Northwest utilities based, in part, on a Recover costs through rates; (2) utility’s ‘‘average system cost’’ of competitively market BPA’s products A. Distinguishing Between resources. Section 5(c)(7) of the Act and services; (3) develop rates that meet ‘‘Participants’’ and ‘‘Parties’’ authorizes the Administrator to consult customer needs for clarity and BPA distinguishes between with regional interests to develop an simplicity; (4) continue to meet BPA’s ‘‘participants in’’ and ‘‘parties to’’ the ASC methodology. The ASC legal mandates; and (5) avoid adverse section 7(i) hearing process. Apart from Methodology prescribes which costs are environmental impacts. BPA also the formal hearing process, BPA will included and excluded from a utility’s committed to apply as many response accept comments, views, opinions, and ASC, as well as the procedural rules for strategies as necessary when BPA’s costs information from ‘‘participants,’’ who filing proposed ASCs with BPA. and revenues do not balance. In April are defined in the BPA Hearing Comments on BPA’s proposed ASC 2007, BPA completed and issued a Procedures as persons who may submit Methodology will be submitted, Supplemental Analysis to the Business comments without being subject to the reviewed and addressed solely in the Plan EIS. The Supplemental Analysis duties of, or having the privileges of, separate consultation proceeding. For found that the Business Plan EIS’s parties. Participants’ written and oral this reason, issues related to the relationship-based and policy-level comments will be made a part of the proposed ASC Methodology are not analysis of potential environmental within the scope of this proceeding. impacts from BPA’s business practices official record and considered by the Therefore, pursuant to § 1010.3(f) of remains valid, and that BPA’s current Administrator when making his BPA Hearing Procedures, the business practices are still consistent decision. Participants are not entitled to Administrator hereby directs the with BPA’s Market-Driven approach. participate in the prehearing conference; Hearing Officer to exclude from the The Business Plan EIS and ROD thus may not cross-examine parties’ record any materials attempted to be continue to provide a sound basis for witnesses, seek discovery, or serve or be submitted or arguments attempted to be making determinations under NEPA served with documents; and are not made in the hearing that seek to in any concerning BPA’s policy-level subject to the same procedural way visit the appropriateness or decisions. requirements as parties. reasonableness of the proposed ASC Because the WP–07 Supplemental The views of participants are Methodology. Proposal likely would assist BPA in important to BPA. Written comments by accomplishing the goals identified in participants will be included in the 9. Potential Environmental Impacts the Business Plan ROD, the proposal record if they are received by 5:00 p.m., For the reasons stated in Section C appears consistent with these aspects of Pacific Daylight Savings Time, on May below, the Administrator directs the the Market-Driven Alternative. In 5, 2008. This date follows the Hearing Officer to exclude from the addition, this rate proposal is similar to anticipated submission of BPA’s and all record all evidence and arguments that the type of rate designs evaluated in the other parties’ direct cases. Written seek in any way to address the potential Business Plan EIS; thus, implementation views, supporting information, environmental impacts of the rates of this rate proposal would not be questions, and arguments should be being developed in the WP–07 expected to result in significantly submitted to BPA Public Affairs at the Supplemental Proceeding. Any such different environmental impacts from address listed in Paragraph 2 of the evidence and arguments submitted will those examined in the Business Plan Summary. In addition, BPA will hold be considered and addressed in the EIS. Therefore, BPA expects that this two field hearings in the Pacific separate, concurrent process described WP–07 Supplemental Proposal will fall Northwest region. Participants may in the next section. within the scope of the Market-Driven appear at the field hearings and present Alternative that was evaluated in the verbal and written comments. The C. The National Environmental Policy transcripts of these hearings will be part Act Business Plan EIS and adopted in the Business Plan ROD. of the record upon which the BPA is in the process of assessing the As part of the Administrator’s Administrator makes his final rate potential environmental effects of its Supplemental ROD that will be decisions. WP–07 Supplemental Proposal, prepared for the FY 2007 Supplemental Persons who previously intervened in consistent with the National Wholesale Power Rate Proposal, BPA BPA’s 2007 Wholesale Power Rate Environmental Policy Act (NEPA). may tier its decision under NEPA to the Adjustment Proceeding automatically BPA’s Business Plan Environmental Business Plan ROD. However, continue their party status in the 2007 Impact Statement (Business Plan EIS), depending upon the ongoing Supplemental Proceeding. Other completed in June 1995, evaluated the environmental review, BPA may, persons wishing to become a party to environmental impacts of a range of instead, issue another appropriate NEPA BPA’s rate proceeding must notify BPA business plan alternatives that could be document. During the public review and in writing and file a Petition to varied by applying policy modules, comment period for the WP–07 Intervene with the Hearing Officer. including one for rates. Any Supplemental Proposal, persons Petitioners may designate no more than combination of alternative policy interested in submitting comments two representatives upon whom service modules should allow BPA to balance regarding its potential environmental of documents will be made. Petitions to its costs and revenues. The Business effects may do so by submitting Intervene must state the name and Plan EIS also addressed response comments to Katherine Pierce, NEPA address of the person requesting party strategies, including adjusting rates, that Compliance Officer, KEC–4, Bonneville status and the person’s interest in the BPA could pursue if BPA’s costs Power Administration, 905 NE 11th hearing. exceeded its revenues. In August 1995, Avenue, Portland, OR 97232. Any such Petitions to Intervene as parties in the the BPA Administrator issued a Record comments received by the comment rate proceeding are due to the Hearing

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Officer by 5 p.m., Pacific Standard BPA must continue to meet with PF Exchange rates are used in Time, on February 18, 2008. The customers in the ordinary course of determining REP benefits in FY 2009. petitions should be directed as stated business during the rate case. To b. NR–07R New Resource Firm Power below or may be e-mailed to comport with the rate case procedural Rate [email protected]: Robert Welsh, rule prohibiting ex parte Hearing Clerk–LP–7, Bonneville Power communications, BPA will provide the The New Resource Firm Power (NR) Administration, 905 NE 11th Avenue, prescribed notice of meetings involving rate applies to net requirements power P.O. Box 3621, Portland, OR 97208– rate case issues in order to permit the sales to IOUs for resale to ultimate 3621. opportunity for participation by all rate consumers for direct consumption, Petitioners must explain their case parties. These meetings may be construction, test and start-up, and for interests in sufficient detail to permit held on very short notice. Consequently, station service. NR–07R firm power is the Hearing Officer to determine parties should be prepared to devote the also available to public utility customers whether they have a relevant interest in necessary resources to participate fully for serving New Large Single Loads. the proceeding. Pursuant to § 1010.1(d) in every aspect of the rate proceeding This rate applies to the following of BPA Hearing Procedures, BPA waives and attend meetings any day during the products: the requirement in § 1010.4(d) that an course of the rate case. New Large Single Loads opposition to an intervention petition Part IV—Summary of WP–07 Full Service Product must be filed and served 24 hours before Supplemental Proposal and Major the February 19, 2008, prehearing Studies Actual Partial Service Product—Simple conference. Any opposition to an Actual Partial Service Product— intervention petition may instead be A. Summary of Proposed 2009 Complex made at the prehearing conference. Any Wholesale Power Rate Structure Block Product party, including BPA, may oppose a 1. List of Proposed 2009 Wholesale petition for intervention. Persons who Power Rates Block Product with Factoring have been denied party status in any Block Product with Shaping Capacity past BPA rate proceeding shall continue BPA is proposing to revise several rate to be denied party status unless they schedules for its 2007 Supplemental c. IP–07R Industrial Firm Power Rate establish a significant change of Wholesale Power Rates to respond to circumstances. All timely applications the Court’s recent opinions. The rate The IP rate is available for will be ruled on by the Hearing Officer. schedules and the GRSPs are available discretionary firm power sales to DSI Late interventions are strongly for viewing and downloading on BPA’s customers authorized by section disfavored. Web site at http://www.bpa.gov/ (5)(d)(1)(A) of the Northwest Power Act. corporate/ratecase as discussed in Part 16 U.S.C 839c(d)(1)(A). B. Developing the Record VII of this Notice. d. FPS–07R Firm Power Products and The record will comprise, among a. PF–07R Priority Firm Power Rate Services Rate other things, verbal and written comments made by participants, The PF rate schedule is comprised of The FPS rate schedule is available for including the transcripts of all hearings, two rates: the PF Preference rate and the the purchase of Firm Power, Capacity any written materials submitted by the PF Exchange rate. Without Energy, Supplemental Control parties, documents developed by BPA The PF Preference rate applies to Area Services, Shaping Services, and staff, and other materials accepted into BPA’s firm power sales to public bodies, Reservation and Rights to Change the record by the Hearing Officer. cooperatives, and Federal agencies for Services for use inside and outside the Written comments by participants will resale to their regional consumers. This Pacific Northwest. The rates for these be included in the record if they are power is guaranteed to be continuously products are posted and/or negotiated. received by 5 p.m., Pacific Daylight available. The proposed average PF BPA is proposing only minor changes to Savings Time, on May 5, 2008. The Preference rate is $26.2/MWh. The rate this rate schedule for FY 2009. applies to the following products: Hearing Officer will then review the e. GTA–07R General Transfer Full Service Product record, supplement it if necessary, and Agreement Delivery Charge will certify the record to the Actual Partial Service Product—Simple Administrator for decision. Actual Partial Service Product— The GTA Delivery Charge applies to The Administrator will develop final Complex customers who purchase Federal power proposed rates for FY 2009 based on the Block Product that is delivered over non-Federal low entire record, which includes the record Block Product with Factoring voltage transmission facilities. This rate certified by the Hearing Officer, as Block Product with Shaping Capacity was originally set in the 2006 described above. The basis for the final Slice Product Transmission Services Rate Case proposed rates first will be expressed in The PF Exchange rate applies to sales Settlement to mirror the Utility Delivery the Administrator’s Draft Supplemental of power to regional utilities that rate from October 1, 2005, through ROD. Parties will have an opportunity participate in the Residential Exchange September 30, 2007. BPA’s 2007 Power to respond to the Draft Supplemental Program established under section 5(c) Rate Case determined that the GTA ROD as provided in the BPA Hearing of the Northwest Power Act. 16 U.S.C. Delivery Charge would continue to Procedures. The Administrator will 839c(c). BPA is proposing to revise the mirror the Utility Delivery rate, which is serve copies of the Final Supplemental PF Exchange rate to remove the demand $1.119 per kilowatt through September ROD on all parties. At the conclusion of and energy rates and substitute a single 30, 2009. For FY 2009, Power Services the rate proceeding, BPA will file the annual rate. In addition, BPA is is proposing to continue to set the GTA supplemental rate case record and rates proposing to include utility-specific Delivery Charge to the same rate as for FY 2009 in a timely manner to supplemental rate charges, consistent Transmission Services’ posted monthly receive FERC confirmation and approval with section 7(b)(3) of the Northwest Utility Delivery rate, which is $1.119 effective October 1, 2008. Power Act. 16 U.S.C. 839e(b)(3). These per kilowatt.

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2. Significant Rate Development Issues revenues for FY 2009 in the WP–07 3. Rate Design and Rate Adjustments a. Residential Exchange Program Costs Final Proposal will continue to be used. However, BPA will adjust the inter- Consistent with the Partial Resolution For FY 2009, BPA expects qualifying function revenue credit to reflect the of Issues negotiated between BPA and regional utilities to participate in the additional revenues that Power Services rate case parties before the WP–07 Final REP. BPA is concurrently developing a expects to receive from Transmission Proposal, BPA is generally continuing new ASC Methodology in a separate Services based on the proposed Wind its existing WP–07 rate design for its FY proceeding and will be offering new Integration—Within-Hour Balancing 2009 rates, with only minor RPSAs to requesting utilities. In order to Service Rate Proceeding (WI–09). modifications listed below. In addition, include the costs of an REP in BPA’s FY Therefore, BPA is proposing to BPA is generally continuing its existing 2009 rates, BPA is forecasting the ASCs incorporate the forecast revenues set of rate adjustments for its FY 2009 of utilities expected to participate in the determined in the Wind Integration rate rates, also described below. program. In addition, BPA is forecasting case into the final rates of this a. Conservation Rate Credit (CRC) the expected utilities’ system and proceeding. exchangeable residential and small farm BPA is not proposing any changes loads. However, the ASC Methodology c. DSI Service FY 2007–2011 from its WP–07 Final Proposal for the being revised in a concurrent process BPA continues to forecast no direct CRC. will be used to conduct an expedited service sales under the IP rate to its DSI b. Risk Mitigation Tools review of utilities’ ASCs outside of this customers. Instead, BPA provides the WP–07 Supplemental Proceeding. This DSI aluminum smelters 560 aMW of Other than resetting the cap for the FY review will determine the actual ASCs surplus firm power service benefits for 2009 Cost Recovery Adjustment Clause for eligible utilities for FY 2009. Those the FY 2007–2011 period at a capped (CRAC) and the thresholds for the FY ASC determinations, when complete, cost of $59 million per year. Benefits 2009 CRAC and Dividend Distribution will be incorporated into the final rate have been monetized under the contacts Clause (DDC), BPA is proposing no proposal and used to determine REP with these companies. In addition, BPA other changes to the CRAC or DDC in costs in FY 2009 rates. provides a 17 aMW surplus firm power the WP–07 Supplemental Proposal. BPA sales contract for Port Townsend Paper will use the same technical b. Inter-Function Costs and Credits Company through the local public methodology to assess risks and intends BPA is not proposing any changes to utility under the FPS rate schedule at a to employ the same risk mitigation its inter-function generation input unit rate that is approximately equivalent to measures as presented in the WP–07 charges for FY 2009. The forecast of BPA’s lowest-cost PF rate. Final 4 Proposal.

TABLE 1.—CRAC CAP AND CRAC AND DDC ANNUAL THRESHOLDS FOR FY 2009 [Millions of dollars]

Approx. AMNR cal- CRAC or DDC CRAC or DDC threshold as Maximum culated at end applied to threshold in CRAC recov- measured in ery amount of fiscal year fiscal year AMNR 4 power serv- ices’ reserves (cap)

CRAC ...... 2008 2009 ($81.4) $750 $36 DDC ...... 2008 2009 218.6 1,050 n/a

BPA proposes to continue the c. Excess Factoring Charge development and demonstration National Marine Fisheries Service projects. This is a charge that applies to (NMFS) Federal FCRPS Biological e. Load Variance Charge Opinion (NFB) Adjustment and the purchasers of the Complex Actual Partial Service Product under the PF Emergency NFB Surcharge. Although Except for a change in its level, BPA expects to include the forecast cost rate schedule. BPA is proposing no consistent with the Partial Resolution of of implementing the final Biological changes to this charge as established in Issues, BPA is proposing no other Opinion for the FCRPS in its final the WP–07 Final Proposal. changes to the Load Variance Charge. supplemental rates, litigation regarding d. Green Energy Premium (GEP) This proposed charge of $0.45/MWh the Biological Opinion may continue, so covers BPA’s cost of meeting customers’ the Emergency NFB Surcharge and the BPA is proposing no changes to the load growth for reasons other than NFB Adjustment remain appropriate. In GEP in this Supplemental Proposal. The annexation or retail access load gain or order to balance the need to cover risk proposed GEP continues to range from loss. In addition, it provides Full and with overall rate levels, BPA proposes to zero to 40 mills per kWh depending on Partial Service purchasers the right to meet its Treasury Payment Probability the specific products and associated deviate from their monthly forecast of (TPP) standard through a combination costs selected by each customer. BPA BPA purchases due to weather, of financial reserves, the CRAC, the NFB forecasts an average of $3 million of economic business cycles, plant energy Adjustment, the Emergency NFB annual revenue from the GEP for FY consumptions and other reasons. Surcharge, and the Flexible PF Rate 2009, which is an increase from the f. Low Density Discount (LDD) Program. See Part IV.A.4. WP–07 Final Proposal. A portion of revenues from the GEP will support BPA is proposing no changes to the BPA’s renewable-related research, LDD as established in the WP–07 Final

4 Accumulated Modified Net Revenue

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Proposal and as agreed to in the Partial provides that the Administrator shall accelerated payment of certain Resolution of Issues. adjust rates to the DSI customers ‘‘to participating public utilities’ power take into account the value of power bills. This accelerated payment will be g. Monthly Demand and Energy Charges system reserves made available to the triggered at BPA’s sole discretion should BPA is proposing no changes to the Administrator through his rights to the probability of reserves falling below methodology for calculating demand interrupt or curtail service to such direct a certain reserve threshold be greater and energy charges. There will be two service industrial customers.’’ The DSIs than the acceptable probability, as diurnal periods, Heavy Load Hour may provide two types of reserves: decided prior to a cash crisis. (HLH) and Light Load Hours (LLH), for Supplemental Contingency Reserves b. Rates Analysis Model (RAM) each month. BPA continues to adopt and Stability Reserves. The WP–07 slight changes to the definitions of HLH Supplemental Proposal reflects Stability The RAM2009 model is a large Excel and LLH to be consistent with NERC Reserves being purchased by spreadsheet model that is automated definitions. The proposed demand and Transmission Services and addressed in with Visual Basic macros. RAM2009 has energy charges will be updated Transmission Services’ transmission two main steps: a Rate Design Step and consistent with the Partial Resolution of rate case. BPA is proposing no changes a Slice Separation Step. The RAM2009 Issues. relative to the WP–07 Final Proposal. Rate Design Step implements BPA’s rate directives by modifying the costs h. PF Targeted Adjustment Charge (PF n. Development of IP and NR Rates TAC) associated with the three resource pools Other than the level of the rates, BPA (Federal Base System, Residential BPA is proposing no changes to the is proposing no changes to the NR or IP Exchange, and New Resources) used to Targeted Adjustment Charge from that rates relative to the WP–07 Final serve three rate pools (7(b) loads, 7(c) established in the WP–07 Final Proposal. loads, and 7(f) and surplus loads) as Proposal. 4. Rate Methodology for FY 2009 developed in the Cost of Service i. Unauthorized Increase Charges (UAI) Analysis (COSA). After the initial for Power Sales a. Risk Mitigation Package allocation of costs, the Northwest Power These are penalty charges for Power Services is proposing to rely on Act requires that some rate adjustments Unauthorized Increases in Energy and a number of elements for its risk be made, such as those described in Unauthorized Increases in Demand for mitigation package in the WP–07 section 7(b) and section 7(c) of the deliveries that exceed contractual Supplemental Proposal. These include a Northwest Power Act. The RAM2009 entitlements for energy and demand, CRAC, with the NFB Adjustment and performs these rate adjustments, and respectively. BPA is proposing no Emergency NFB Surcharge, and a DDC, several others, including the 7(b)(2) rate changes relative to the WP–07 Final as well as the following: test, in its Rate Design Step. The Rate Proposal. (1) Starting Reserves Available for Design Step of RAM2009 concludes with the calculation of proposed power j. Demand Adjuster Risk. The financial reserves available for risk that are attributable to Power rates. The Slice Separation Step then This is an adjustment that is made to Services at the start of the rate period separates the PF Slice product costs and the demand billing factor for certain provide some protection against firm loads from the overall PF requirements products. BPA is financial uncertainties. Starting Preference rate pool, leaving the costs proposing no changes relative to the financial reserves available for risk that must be covered by the remaining WP–07 Final Proposal. include portions attributed to the non-Slice product PF Preference load. k. Flexible PF and NR generation function of cash in the BPA B. Major Studies in Support of WP–07 Fund and the deferred borrowing These are rate options available, at Supplemental Proposal for FY 2009 balance that are attributed to the BPA’s discretion, to purchasers under Rates generation function. Projections of the PF and NR rate schedules. BPA is Power Services’ reserves available for Because this proceeding reopens the proposing no changes relative to the risk at the beginning of FY 2009 range WP–07 docket, all material already filed WP–07 Final Proposal. from $50 million to $2.7 billion, with an on the record remains on the record and l. Slice True-Up Adjustment expected value of $1.03 billion. These is available to all parties. BPA’s WP–07 Final Proposal Studies constitute the BPA is proposing changes to the Slice amounts do not include cash that has foundation on which the Supplemental True-up Adjustment process that are accumulated as a result of the Proposal is built. However, certain new consistent with the (Slice Mediation) suspension of payments under the REP information will be incorporated to form Settlement Agreement that was signed Settlement Agreements. the Supplemental Proposal. BPA will after the WP–07 Final Proposal was (2) Planned Net Revenues for Risk explain and document the revisions that published. This Settlement Agreement (PNRR). PNRR is a dollar amount in the are incorporated in the Supplemental provided for the Slice True-Up generation revenue requirement that Proposal in a new set of studies. The Adjustment Charge to be calculated generates additional revenue in order to studies that have been prepared to using the average Slice Revenue increase the generation function support BPA’s WP–07 Supplemental Requirement for the rate period instead reserves. The anticipated generation Wholesale Power Rate Proposal are of the Slice Revenue Requirement for function reserves available for risk, with described in detail in this section: each individual year. In addition, this the tools noted above, are sufficient for Settlement Agreement provided for the agency to meet its financial objective Supplemental Load Resource Study changes in the treatment of certain of a 97.5 percent one-year TPP for FY and Documentation; expenses, which are incorporated in this 2009. As a result, BPA’s proposed risk Supplemental Revenue Requirement proposal. mitigation package will not include any Study and Documentation; PNRR. Supplemental Market Price Forecast m. Value of Reserves (3) Flexible PF Rate Program. This Study and Documentation; Section 7(c)(3) of the Northwest program is designed to provide $193 Supplemental Risk Analysis Study Power Act, 16 U.S.C. 839e(c)(3), million of liquidity cash through an and Documentation;

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Supplemental Wholesale Power Rate changes in Federal resource output for expenses associated with such non- Development Study and FY 2009 resulting from recent BPA Federal power suppliers as Energy Documentation; acquisitions and contract purchases, Northwest; other purchase power Supplemental Section 7(b)(2) Rate updated assumptions for the CGS expenses, such as short-term power Test Study and Documentation; and maintenance schedule, and revisions to purchases; power marketing expenses; Lookback Study and Documentation BPA’s hydro efficiency improvement cost of transmission services necessary for FY 2002–2008. estimates. for the sale and delivery of FCRPS 1. Supplemental Load Resource Study 2. Supplemental Revenue Requirement power; and all other power-related costs incurred by the Administrator pursuant The Load Resource Study represents Study to law. the compilation of the load and resource The purpose of the Revenue data necessary for developing BPA’s Requirement Study is to establish the For FY 2009, BPA is forecasting that wholesale power rates. The Study has level of revenues from wholesale power most power-related costs will remain at three major interrelated components: (a) rates necessary to recover, in accordance the same levels as in the WP–07 Final BPA’s Federal system load forecast; (b) with sound business principles, the Proposal, with the exception of the costs BPA’s Federal system resource forecast; FCRPS costs associated with the associated with the REP. A limited and (c) the Federal system load and production, acquisition, marketing, and number of additional changes is resource balances. conservation of electric power. proposed for the Supplemental Since publication of the WP–07 Final Generation revenue requirements Proposal. Forecasts of operating costs Proposal, only a few minor changes include: Recovery of the Federal for the CGS show an increase as do the have occurred. The Supplemental Load investments in hydro generation; costs related to system augmentation. Resource Study documents the increase recovery of fish and wildlife costs and Depreciation, amortization, Federal in load BPA is currently forecasting for energy conservation; Federal agencies’ interest and non-Federal debt service FY 2009 relative to the WP–07 Final operations and maintenance expenses will be updated. The proposed changes Proposal. It also recognizes some allocated to power; capitalized contract are presented in Table 2.

TABLE 2.—DIFFERENCES IN MAJOR COST CATEGORIES BETWEEN THE WP–07 FINAL PROPOSAL AND THE WP–07 SUPPLEMENTAL PROPOSAL FY 2009 (EXCLUDING REP COST CHANGES) [Millions of dollars]

Changes from Cost category WP–07 final pro- posal

Operating Generation: CGS ...... 31 Long-term Projects ...... 6 Contracted Power Purchases: DSI Monetized Power Sale ...... (4) Other Power Purchases (Short-term) ...... 11 Augmentation Power Purchases ...... 17 Renewable Generation ...... 11 Energy Efficiency ...... 9 Transmission Acquisition/Ancillary Services ...... (5) EN Debt Service ...... 1 Depreciation ...... (7) Amortization ...... (8) Net Federal Interest ...... (27) Minimum Required Net Revenues ...... (35) Planned Net Revenues for Risk ...... (11) Total Change from WP–07 Final Proposal ...... (10)

BPA also expects changes to the costs of that review will be incorporated into 4. Supplemental Risk Analysis Study of its fish and wildlife commitments, the final studies of this WP–07 particularly from the final FCRPS Supplemental Proceeding. The Risk Analysis Study focuses upon Biological Opinion, now expected on two types of risks and their impacts on 3. Supplemental Market Price Forecast March 18, 2008. For reasons of BPA’s revenues and expenses. The first Study efficiency and to ensure the most up-to- type of risks is comprised of operating risks such as variations in economic date information, BPA prefers to The Market Price Forecast Study conditions, load, and generation estimate those changes when the estimates the variable hourly cost of the resource capability. These operating Biological Opinion is issued. If the marginal resource for transactions in the risks include the impacts of water Opinion is delayed, BPA will forecast wholesale energy market. The specific supply conditions and market prices on those costs using the best available market used in this analysis is the Mid- net revenues. The second type of risks information. As noted above, BPA does Columbia trading hub in the State of comprises non-operating risks—all the not establish program levels in rate Washington. For the WP–07 risks included in the rate case risk cases. BPA will conduct a review of Supplemental Proposal, BPA does not modeling other than operating risks. changes to the power-related costs from propose to change the price forecast This type of non-operating risks also the WP–07 Final Proposal in a forum from the WP–07 Final Proposal. external to this proceeding. The results includes uncertainty in achieving cost

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reductions identified in the Power Interpretation and Implementation BPA’s 1985 rate case. The 7(i) process Function Review. Methodology in the WP–07 culminated in the Section 7(b)(2) BPA subsequently evaluates the Supplemental Proceeding. See Part V Implementation Methodology Record of impact that different risk mitigation below. Decision (b–2–84–F–02). The 7(i) measures have on reducing net revenue The 7(b)(2) rate test triggers in this process conducted to develop the risk by calculating the TPP. The TPP is proposal, causing costs to be reallocated Implementation Methodology for a measure of the probability that BPA in the test period. The PF Preference section 7(b)(2) was designated as the will make each Treasury payment on rate applied to the general requirements first phase of BPA’s 1985 rate filing. The time and in full. If the TPP is below of the 7(b)(2) Customers has been Implementation Methodology prescribes BPA’s one-year 97.5 percent standard, reduced by the 7(b)(3) amount. Other in detail how the 7(b)(2) rate test is to the combination of risk mitigation tools rates, the PF Exchange rate and the NR be conducted. The Implementation (e.g., Cost Recovery Adjustment Clause, and IP rates, have been increased by an Methodology and its ROD address the NFB Adjustment, Emergency NFB allocation of the 7(b)(3) amount. major issues involving the Surcharge, Dividend Distribution Because of the proposed changes to implementation of section 7(b)(2), Clause) is modified to meet the TPP the Legal Interpretation and including reserve benefits, financing standard. Implementation Methodology, the benefits, natural consequences, and the BPA is proposing no changes in the Section 7(b)(2) Rate Test Study is being rate test trigger. form or methodology of the risk fully reproduced to document the BPA is proposing revisions to the analysis. The Supplemental Proposal changes to the rate test and its inputs Implementation Methodology and the risk analysis will be updated for and assumptions. Legal Interpretation in the WP–07 changes to input data that account for 7. Lookback Study for FY 2002–2008 Supplemental Proposal. Proposed changes in BPA’s loads, resources, costs, changes to the Implementation and financial position. The Lookback Study for FY 2002– Methodology will be explained in BPA’s 5. Supplemental Wholesale Power Rate 2008 quantifies the amounts of REP Supplemental Proposal testimony. Development Study settlement costs improperly included in Proposed changes to the Legal FY 2002–2008 power rates (Lookback Interpretation are contained in the Legal The Wholesale Power Rate Amounts) and describes how these Development Study (WPRDS) is the Interpretation attached to this Notice. amounts will be recovered over time Legal arguments concerning the Legal primary source for details concerning from IOUs and returned to preference the development of BPA’s power rates. Interpretation will be addressed by BPA customers. These are not simple in the WP–07 Supplemental Proposal It reflects the results of all of the other calculations for each year of the studies and calculates the rates for Draft and Final Records of Decision. lookback period because of the need to BPA expects parties to have the BPA’s wholesale power products and account for Load Reduction Agreements services. The WPRDS documents the opportunity to file legal briefs or and existing deemer balances. See Part memoranda to accompany and support allocation and recovery of Federal VI.D. The differences are referred to as power costs; development of the Slice their rate test testimonies in order that Lookback Amounts for FY 2002–2008. their legal arguments can be reviewed cost table; the development and forecast The calculation of Lookback Amounts is of inter-function revenues and expenses; by BPA prior to receiving the parties’ described and documented in the initial briefs. the development of diurnal energy rates; Lookback Study. the development of rates for demand, In preparing for the WP–07 load variance, unauthorized increase Part V—Section 7(b)(2) Legal Supplemental Proceeding, BPA and usage, and excess load factoring; and Interpretation and Implementation interested parties explored various other rate provisions (e.g., the Low Methodology issues regarding the Legal Interpretation and Implementation Methodology Density Discount, Conservation Rate A. Background Credit, and irrigation rate mitigation). through several workshops. In order to The results of the WPRDS are reflected As explained above, section 7(b)(2) of bring greater clarity and certainty to the in the wholesale power rate schedules. the Northwest Power Act directs BPA to conduct of the rate test, BPA is Because of the Ninth Circuit’s conduct a rate test to assure that the proposing a number of modifications to decisions on the allocation of the costs wholesale power rates for 7(b)(2) the Legal Interpretation and of the REP Settlement Agreements, most customers are no higher than the costs Implementation Methodology. The of the changes in the Supplemental of power would be to those customers major modifications are listed below. for the same time period if specified Proposal are focused on the WPRDS. A. Treatment of Preference Customer assumptions are made. The rate test is With the exception of certain auxiliary Resources Used To Serve Requirements conducted in conformance with the rate provisions, the WPRDS will be Loads reproduced to document fully the Section 7(b)(2) Legal Interpretation and development of BPA’s power rates for Section 7(b)(2) Implementation The current Legal Interpretation and the WP–07 Supplemental Proposal. Methodology. Implementation Methodology provide Issues requiring interpretation of that preference customers’ resources 6. Supplemental Section 7(b)(2) Rate Section 7(b)(2) of the Northwest Power dedicated to serving their own firm Test Study Act were initially resolved in the Legal loads under section 5(b) of the The 7(b)(2) rate test is explained Interpretation of Section 7(b)(2) of the Northwest Power Act are not available below in Part V. The Section 7(b)(2) Pacific Northwest Electric Power to BPA in the 7(b)(2)(D) resource stack Rate Test Study describes the Planning and Conservation Act. 49 FR to serve 7(b)(2) Customer load. BPA application and results of the Section 23,998 (June 8, 1984). The Legal proposes to clarify its interpretation of 7(b)(2) Legal Interpretation (Legal Interpretation was developed in a section 7(b)(2)(D) to provide that Interpretation) and Section 7(b)(2) public comment process. preference customer resources that are Implementation Methodology The methodology to implement used to serve any utility’s section 5(b) (Implementation Methodology). BPA is section 7(b)(2) was developed in a load are not available in the 7(b)(2) Case proposing revisions to the Legal section 7(i) proceeding that preceded resource stack.

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B. Treatment of BPA-Acquired excluded from the 7(b)(2) Case pursuant In a subsequent opinion, Snohomish, Conservation to section 7(b)(2)(C). the Court remanded amendments to the REP Settlement Agreements and a The current Implementation Part VI. Summary of Proposal to provision regarding a Reduction of Risk Methodology provides that BPA- Respond To the Court’s Opinions discount the Court found was based on acquired conservation will be included Regarding BPA’s 2000 REP Settlement such Agreements. Three memorandum in the section 7(b)(2)(D) resource stack Agreements, WP–02 Rates, and by opinions, released at the same time as and that 7(b)(2) Customer loads will be Extension, WP–07 Rates Snohomish, dismissed challenges to adjusted to remove the effects of the A. Introduction BPA’s 2001 LRAs with PacifiCorp and conservation. The Implementation Although BPA is proposing an Puget Sound Energy. Methodology made no provision for BPA is proposing to respond to the approach to address the Court’s conservation that is no longer effective Court’s decisions by: (1) Determining decisions, as described in greater detail in reducing loads. BPA is proposing to Lookback Amounts, which are the costs below, BPA recognizes there are several revise the Methodology to remove past associated with the REP settlements that ways to approach this matter. For conservation that is no longer effective. were improperly included in FY 2002– example, one element of BPA’s proposal 2008 rates and therefore should be C. Identification and Use of Natural for calculating the Lookback Amounts recovered from IOUs and returned to Consequences limits the amounts retained by IOUs to preference customers; (2) recovering the lesser of an IOU’s REP settlement The current Legal Interpretation and Lookback Amounts over time by benefits or the amount the IOU would Implementation Methodology provide reducing future REP benefits due to that three natural consequences will be have received under the REP. The IOUs; and (3) concomitantly reducing reflected in the rate test: demand proposed FY 2009 REP benefits to the preference customers’ rates to reflect the elasticities amount of surplus firm IOUs would be significantly higher if, lower REP benefit payments. Because power available, and size of nonfirm instead of proposing to limit the BPA allocated REP settlement costs in energy markets. The surplus and amounts the IOUs were entitled to in FY its WP–07 power rates in the same nonfirm consequences are the results of 2007 and FY 2008 to the amounts they manner as BPA allocated such costs in reasonable mathematical computations would have received under the REP its WP–02 rates, BPA has reopened its stemming from differing assumptions settlements, BPA had instead proposed WP–07 power rate proceeding to revise between the two rate test cases. Demand that the IOUs were entitled to the its power rates for FY 2009. elasticities are not necessarily the result recalculated REP benefits for those of reasonable mathematical years. BPA encourages parties to 1. REP Settlement Agreement computations. BPA is proposing to propose alternative approaches to this Background remove demand elasticities from the or other elements of BPA’s proposal to In 1998, BPA’s Subscription Strategy natural consequences listed in the address the Court’s decisions for the proposed offering BPA’s regional IOU Implementation Methodology. agency to consider. customers the option of signing RPSAs This section describes, in general, to participate in a traditional REP or D. Treatment of Specified 7(g) Costs BPA’s proposal for responding to recent signing REP Settlement Agreements for The current Legal Interpretation decisions of the Ninth Circuit noted FY 2002–2011. The REP Settlement provides that specified 7(g) costs will be previously. In PGE, the Court held that Agreements were to provide power and removed from the Program Case, but not BPA’s REP Settlement Agreements were monetary benefits to the IOUs’ from the 7(b)(2) Case. However, this inconsistent with the Northwest Power residential and small farm consumers in language does not conform to BPA’s Act. In a companion opinion, Golden order to resolve disputes arising under past practices in conducting the rate NW, the Court held that BPA BPA’s implementation of the REP. Prior test. BPA proposes to change this improperly allocated REP Settlement to the development of the RPSAs and language to specify that the 7(g) cost Agreement costs to BPA’s preference REP Settlement Agreements in 2000, the exclusion applies to both cases prior to customers in its WP–02 power rates and IOUs submitted letters to BPA stating the incorporation of the assumptions remanded the rates to BPA. Although their intent to participate in the REP. specified in section 7(b)(2). the Ninth Circuit in Golden NW also Through negotiations and a public found infirmities in BPA’s estimates of notice and comment administrative E. Identification and Treatment of fish and wildlife costs for the WP–02 proceeding, BPA developed prototype Resources in the 7(b)(2)(D) Resource rates, the rates nevertheless recovered RPSAs and REP Settlement Agreements. Stack all of the costs of BPA’s fish and BPA issued respective records of The current Implementation wildlife commitments for FY 2002– decision on October 4, 2000, for the Methodology provides that certain 2006. BPA acknowledges that entities RPSAs and REP Settlement Agreements. resources taken from the resource stack may continue to assert that BPA had not BPA then offered the RPSAs and REP would be added in discrete lumps. BPA committed enough funding to fish and Settlement Agreements to the IOUs. proposes to remove the effects of the wildlife activities during this period, All of the IOUs elected to execute the discrete lumps on the rate test by selling but as the Court notes, that is not a REP Settlement Agreements. For FY excess resources at the cost of the excess matter determined in a rate proceeding. 2002–2006, the Settlement Agreements resources. As a result, BPA is not proposing any included 900 aMW of financial benefits changes in the WP–07 Supplemental and 1000 aMW of power at a cost-based F. Treatment of REP Settlement Costs in Proceeding to its fish and wildlife rate, consistent with the Subscription the Rate Test commitments for FY 2002–2006. As Strategy. Subsequent to the execution of Neither the current Legal discussed elsewhere, BPA is proposing the REP Settlement Agreements, BPA Interpretation nor Implementation a specific process, external to the rate entered into LRAs with PacifiCorp and Methodology addresses the treatment of case, to ensure its forecasts for fish and Puget Sound Energy whereby BPA REP settlement costs. BPA proposes to wildlife costs are as up-to-date as bought back the power component of add language that clarifies that REP possible for purposes of establishing the utilities’ REP Settlement Agreements settlement costs are costs that should be rates for FY 2009. as part of BPA’s strategy to limit the

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financial impacts of the West Coast addition, BPA must estimate the IOUs’ Court to remand these rates to BPA in energy crisis. Through amendments to respective ASCs for the rate period, a subsequent case, BPA proposes to the REP Settlement Agreements signed which are used in conjunction with the remedy these problems now. BPA’s in 2004, benefits for FY 2007–2011 were PF Exchange rate and the IOUs’ specific proposal is to adopt a remedy set at 2200 aMW of financial benefits. residential and small farm loads to similar to that described above; that is, BPA conducted the WP–02 rate determine each IOU’s respective REP BPA proposes to remove the REP proceeding to establish power rates for benefits. BPA proposes to compare each settlement costs from power rates and FY 2002–2006. BPA allocated the costs IOU’s REP benefits with the actual replace such costs with the costs of of the REP settlements to the PF payments made to that IOU under the providing benefits to IOUs under the Preference rate. A cost recovery REP settlements. REP in FY 2007 and FY 2008. BPA will adjustment clause captured the costs of Based on the resulting differences then compare the benefits under the the LRAs with PacifiCorp and Puget between these two amounts, BPA will REP to the payments each IOU received, Sound Energy. A number of parties determine the Lookback Amounts to be or would have received, under the REP subsequently filed separate challenges recovered from each IOU and returned settlements for these years, determine to BPA’s REP Settlement Agreements to preference customers via lower rates, the appropriate difference, and propose and BPA’s WP–02 power rates in the as described in Section D below. Section how this difference should be returned Ninth Circuit. On May 3, 2007, the E describes BPA’s proposal for how the to preference customers. Court issued the PGE and Golden NW Lookback Amounts will be recovered Once again, in constructing this opinions noted above. over time. This approach responds to approach, BPA is not proposing to the Court’s remand of the WP–02 rates recalculate any rates other than the PF 2. Overview of Proposal by effectively reimbursing, through Exchange rate for the FY 2007–2008 a. FY 2002–2006 Rate Period lower rates over time, preference period. BPA is proposing to recalculate customers for costs that should not have only the PF Exchange rate for this Together with the Court’s decision in been included in the WP–02 preference period because this is the rate necessary PGE, BPA interprets the Court’s remand rates during the FY 2002–2006 rate to calculate the REP benefits the IOUs in Golden NW as requiring BPA to period. would have received. Consequently, this remove the cost of the REP settlements In constructing this approach, BPA is approach does not require BPA to from the PF Preference rate. In removing not proposing to recalculate any rates recalculate any other rates for this these costs, however, the Court’s other than the PF Exchange rate for the period. decisions do not require BPA to ignore FY 2002–2006 period. BPA is proposing the fact that, in the absence of the REP to recalculate only the PF Exchange rate B. REP Settlement Agreement Benefits Settlement Agreements, the IOUs would for this period because this is the rate Paid During FY 2002–2008 have received benefits during the FY necessary to calculate the REP benefits The first step in responding to the 2002–2006 rate period under the the IOUs would have received. PGE, Golden NW, and Snohomish traditional REP. As noted previously, Consequently, this approach does not decisions is to calculate the amount of prior to the development of the RPSAs require BPA to recalculate any other benefits paid to each IOU under the REP and REP Settlement Agreements, the rates for this period. settlements during FY 2002–2008. IOUs submitted letters to BPA stating The determination of utility-specific These benefits include, for example, the their intent to participate in the REP. Lookback Amounts is complex. In Conservation and Renewables Discount Consequently, absent BPA’s offer of REP addition to the REP Settlement (C&RD) and Conservation Rate Credit Settlement Agreements, BPA assumes Agreements, BPA must also account for (CRC), and a power sale to PGE. BPA that all IOUs except Idaho Power would the Court’s decision in Snohomish, reviewed its accounting records and have participated in the REP, the costs which remanded to BPA the 2004 determined the amounts paid to each of which would have been reflected in amendments to the REP Settlement IOU as well as the amounts that would setting BPA’s power rates. Agreements and the Reduction of Risk have been paid had payments to the In response to the Court’s decisions, discount that the Court found was based IOUs not been suspended. These BPA proposes to determine the amount on those Agreements. BPA also must amounts are detailed in the Lookback of benefits provided to each IOU under consider three memorandum opinions Study. This determination also the REP settlements. BPA also proposes that dismissed challenges to the LRAs. identifies the source of the payments, to calculate the amount of REP benefits In addition, the operation of the REP i.e., the portion of the payments made each IOU would have received from would have accounted for existing under the REP Settlement Agreements, BPA during the FY 2002–2006 rate deemer balances, that is, amounts LRAs, etc. The total benefits paid were period in the absence of the REP accrued by exchanging utilities and approximately $1.96 billion for FY Settlement Agreements. In order to owed to BPA that must be eliminated 2002–2006 and $168 million for FY calculate such REP benefits, BPA before REP benefits can be paid. 2007. Benefits that would have been proposes to remove the REP settlement paid in the latter half of FY 2007 and b. FY 2007–2008 costs from BPA’s WP–02 power rates in FY 2008 after the suspension of and replace them with costs associated BPA is proposing to adopt a similar payments subsequent to the Court’s with a traditional REP. This change will approach to that used for FY 2002–2006 rulings in May 2007 would have totaled establish the PF Exchange rate that to address BPA’s WP–07 rates for FY $505 million. would have been used to implement the 2007 and FY 2008. The rates charged in REP during the rate period. This these years, like the WP–02 rates, C. Proposal for Determining REP approach requires BPA to review and included REP settlement costs. Benefits for FY 2002–2008 decide a number of issues in the WP– Although the Ninth Circuit has not As previously described, BPA 02 Final Proposal that were undecided ruled on the validity of BPA’s WP–07 proposes to determine the amount of or rendered moot by the presence of the rates, the Court’s holdings in PGE, REP benefits that would have been paid REP Settlement Agreements. Failure to Golden NW, and Snohomish implicate to each IOU in the absence of the REP allow parties to address these issues on the validity of the rates BPA established settlements. These costs would have the merits would be inequitable. In for these years. Rather than wait for the been included in the WP–02 and WP–

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07 power rates for FY 2002–2008 1984 Methodology is a conservative importantly, whether the IOUs are instead of the costs of the REP assumption given that BPA would likely entitled to retain such benefits in the settlements. In order to make this have re-opened the ASC Methodology absence of the REP Settlement determination, BPA must evaluate two had the IOUs not executed the REP Agreements. For example, although the key elements of the REP: (1) The WP– Settlement Agreements. The imputed Court found the REP Settlement 02 and WP–07 PF Exchange rates and ASCs, in conjunction with the Agreements unlawful, the Court (2) the IOUs’ respective ASCs during FY reconstituted PF Exchange rate and remanded the 2004 amendments to 2002–2008. BPA’s proposals for these actual exchange loads, are used to BPA. The Court also remanded the two rate periods are described below. calculate utility-specific amounts of REP Reduction of Risk discount, also called benefits that would have been paid the ‘‘litigation penalty’’ by some 1. BPA’s Proposal for Calculating REP during the WP–02 rate period. preference customers, to BPA. In Benefits for FY 2002–2006 addition, the Court issued three a. The PF Exchange Rate for FY 2002– 2. BPA’s Proposal for Calculating REP memorandum opinions dismissing 2006 Benefits for FY 2007–2008 challenges to the LRAs. Similar to the FY 2002–2006 period, As a result, BPA cannot simply BPA proposes to recalculate the PF BPA’s PF Preference rate for FY 2007– subtract the REP benefits otherwise due Exchange rate for FY 2002–2006 2008 included REP settlement costs. To the IOUs from the benefits paid under assuming that all IOUs except Idaho remedy this infirmity, BPA proposes to the REP Settlement Agreements, 2004 Power would have participated in the use a similar construct as described amendments, and LRAs to calculate the REP in the absence of the REP previously to determine the REP amount to be recovered from the IOUs. Settlement Agreements. To develop this benefits the IOUs would have received In addition, implementation of the rate, BPA proposes to return to its WP– for FY 2007–2008; that is, BPA proposes traditional REP would have meant that 02 Supplemental Rate Proposal and to recalculate the PF Exchange rate for the deemer balances for certain IOUs revise its base rates with altered input FY 2007–2008 assuming an REP, and would have to be considered in assumptions consistent with then impute annual ASCs for each IOU determining the REP benefits that would information available at that time and customer for FY 2007–2008 to have been paid absent the REP with reconsideration of section 7(b)(2) determine the REP benefits that would Settlement Agreements. This section rate test issues that were previously have been paid during this period. describes BPA’s proposal for undecided or rendered moot. The determining the Lookback Amounts. resulting PF Exchange rate is the rate a. BPA’s PF Exchange Rate for FY 2007– that would have been used by BPA to 2008 1. Treatment of Deemer Amounts calculate benefits under the traditional BPA is proposing to conduct the RPSAs are the contracts that REP during FY 2002–2006. section 7(b)(2) rate test in this implement the REP. BPA’s 1981 RPSA b. IOU Average System Costs (ASC) for Supplemental Proposal in a manner established what was called a ‘‘deemer FY 2002–2006 consistent with the rate test used in the account.’’ In the event that an reformulation of the PF Exchange rate exchanging utility’s ASC fell below the Although BPA’s PF Exchange rate is for FY 2002–2006. The results of the PF Exchange rate, rather than pay BPA, a critical element of the REP, actual REP rate test, in conjunction with all other the utility would accumulate a balance benefits paid to each IOU are not assumptions used in setting rates during in a deemer account based on the determined in BPA’s rate cases. BPA’s the WP–07 rate proceeding, will be used difference between its ASC and the PF rate cases only forecast the expected in recalculating the PF Exchange rate for Exchange rate multiplied by the utility’s levels of REP benefits, which comprise FY 2007–2008. eligible exchange load. The 1981 RPSA the expected costs that will be included provided that any obligations incurred in rates for the rate period. The actual b. IOU Average System Costs for FY under that RPSA would continue until level of REP benefits a utility receives is 2007–2008 satisfied, even if the RPSA expired. The determined during the rate period as the Consistent with BPA’s proposal to RPSA also provided that the utility must REP is implemented and is based on a determine the REP benefits IOUs would repay its deemer balance before comparison of the PF Exchange rate and have received in FY 2002–2006, BPA receiving any positive REP benefits. a utility’s filed ASC, multiplied by the proposes to determine IOU ASCs for FY Idaho Power, Northwestern Energy, and utility’s residential and small farm 2007–2008 relying on BPA’s 1984 ASC Avista Corporation (Avista) all have loads. To calculate REP payments for FY Methodology. BPA is proposing to use extant deemer balances. 2002–2006, BPA would normally use FERC Form 1 data from 2006 and a BPA proposes that its determination filed ASCs. The IOUs, however, did not trend analysis to project ASCs for FY of the amount of REP benefits that make ASC filings with BPA during the 2007–2008. BPA believes this approach would have been provided to the IOUs WP–02 period because the REP approximates what the actual ASCs should account for utilities’ deemer Settlement Agreements did not require would be for FY 2007–2008. As with the balances. Therefore, BPA proposes that such filings. Consequently, to calculate FY 2002–2006 rate period, these any REP benefits calculated for an IOU the REP benefits that would have been imputed ASCs, in conjunction with the with a deemer balance will first be used paid during the WP–02 rate period, BPA reconstituted PF Exchange rate and to extinguish its deemer balance before proposes to determine annual ASC for actual and forecast exchange loads, are being compared to the REP settlement each IOU during the rate period. used to calculate a utility-specific payments to establish a Lookback To determine these annual ASCs, BPA amount of REP benefits that would have Amount for that IOU. Under BPA’s proposes to look to FERC Form 1 data been paid for FY 2007–2008. proposal, Northwestern Energy and filed by each IOU with FERC for FY Avista exhaust their deemer balances in 2002–2006. From these historical data, D. Determination of Lookback Amounts FY 2005 and FY 2007, respectively. BPA proposes to calculate an annual Determining the Lookback Amounts is Under BPA’s determination of REP ASC for each utility by following the not a simple proposition. A number of benefits, absent the REP settlements, functionalization rules as set forth in the factors affect the amount of settlement Idaho Power does not qualify for REP 1984 ASC Methodology. Relying on the benefits received by the IOUs and, more benefits during the FY 2002–2008

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period so there are no reductions to its payments to PacificCorp and Puget due will be determined by the deemer balance and its Lookback Sound Energy as ‘‘protected’’ payments Administrator in each rate case. The Amount is equal to the REP settlement that are not subject to recovery as part reduced REP payments to IOUs will benefits it received. of their Lookback Amounts. result in lower PF Preference rates for In Snohomish, the Court held that the FY 2009 and beyond until Lookback 2. Cap on REP Benefits Credited Against Reduction of Risk Discount was Amounts are fully amortized. These Settlement Payments founded on the original REP Settlement lower PF rates constitute a portion of BPA proposes a second condition on Agreements and remanded the issue to the compensation to preference the calculation of the amount to be BPA. Therefore, BPA proposes to treat customers for the amounts they recovered from each IOU for FY 2002– the Reduction of Risk discount overpaid in FY 2002–2008 power rates. 2008. In calculating this Lookback payments as suffering the same fate as An additional portion of the Amount for each utility, BPA proposes the REP Settlement Agreement compensation may occur as provided in that REP benefits that exceed the REP payments. Any amount paid to Standstill Payment Agreements, if settlement benefits shall not be credited PacifiCorp and Puget for the Reduction offered, for those preference customers to the Lookback Amount. Said another of Risk Discount will be included in that sign such agreements or via way, an IOU cannot receive more their REP Settlement Agreement customer-specific credits on FY 2009 benefits under the REP than it received, benefits and will therefore be subject to power bills if such agreements are not or would have received, under the REP recovery through the lookback process. signed. settlements. This condition is applied The reduction in the amounts of REP each year for FY 2002–2008. 4. Results benefits that would have otherwise been due will be credited against each IOU’s 3. Treatment of Reduction of Risk The application of the previous three Lookback Amount. This practice will Discount and Load Reduction sections results in annual Lookback continue as needed each rate period Agreements Amounts for each IOU. BPA is proposing to escalate the annual until each IOU has amortized its total As previously mentioned, the LRAs Lookback Amounts for FY 2002–2006 to Lookback Amount, including interest. with PacifiCorp and Puget Sound 2007 dollars to adjust for the effects of BPA proposes that unamortized Energy are contracts wherein BPA inflation. The resulting cumulative Lookback balances will accrue interest. bought back power from these two IOUs Lookback Amounts for each IOU, in The proposed reduction in REP benefits to limit exposure to the high and 2007 dollars for FY 2002–2007 are for FY 2009 is an amount that is volatile market prices of the West Coast provided in Table 3. expected to amortize each IOU’s energy crisis. No party filed a challenge Lookback Amount plus accrued interest to the LRAs within the Northwest Power TABLE 3.—PROPOSED CUMULATIVE within 20 years, with the exception of Act’s 90-day statute of limitations. Two LOOKBACK AMOUNTS Idaho Power. The assumptions and petitions for review were filed with the [Millions of 2007 dollars] proposal with regard to Idaho Power are Ninth Circuit challenging BPA’s described in more detail below. unsuccessful attempts to develop a Proposed BPA expects that all IOUs except broad settlement of all outstanding Utility name lookback Idaho Power will amortize their litigation against BPA. The Court noted amounts respective Lookback Amounts, that the petitions were challenging including interest, within 20 years actions that never occurred and Avista ...... $62.1 based on a set of simple assumptions dismissed the petitions for lack of Idaho Power ...... 96.6 regarding the future. These assumptions Northwestern Energy ...... 7.7 jurisdiction. Another petition was filed are: that challenged the LRAs, but it was PacifiCorp ...... 239.4 Portland General Electric ...... 64.1 1. The FY 2009 individual IOU REP filed two and one half years after Puget Sound Energy ...... 150.5 benefits paid continue in future rate expiration of the 90-day statute of periods until such time each IOU fully limitations. The Court noted that the Total ...... 620.4 amortizes its Lookback Amount; only issue raised in the petition 2. Each IOU’s FY 2009 REP benefits concerned the Reduction of Risk The Lookback Amounts in Table 3 amount (before reductions applied for Discount provision of the LRAs. Having assume that BPA offers, and the IOUs Lookback Amounts) increases by 2.5 dealt with the Reduction of Risk sign, the Interim Agreements. In the percent per year (as a consequence of Discount in Snohomish, the Court absence of Interim Agreements, no REP growth in eligible exchange loads and/ dismissed the petition challenging the benefits will be paid in FY 2008, or increases in IOU ASCs and/or LRAs as moot. creating an amount of REP benefits changes in PF Exchange rates, none of In light of the Court’s actions, BPA otherwise due to the IOUs for that year, which is specifically forecasted or proposes to treat the LRA payments to which will be used to reduce otherwise modeled); and PacifiCorp and Puget Sound Energy in accumulated Lookback Amounts by 3. Interest accrues on unamortized the following manner. First, BPA will $189 million. Lookback balances at the rate of 5.03 assume that the total REP settlement percent per year. benefits paid to these two IOUs include E. Application of the Results of the BPA proposes to proportionally the REP Settlement Agreement benefits, Lookback Analysis reduce each IOU’s benefits due for FY the LRA payments, and the C&RD/CRC Because the IOUs have already passed 2009 such that the aggregate benefit benefits. BPA proposes that PacifiCorp REP Settlement and LRA benefits on to paid, before consideration of any and Puget Sound Energy (Puget) keep their residential and small farm deemer obligations, for all IOUs is 210 the lesser of the REP settlement benefits customers for FY 2002–2006 and part of million. This amount represents a or the REP benefits the utilities would FY 2007, BPA proposes to recover balance between ensuring that regional have received in the absence of the REP Lookback Amounts from the IOUs by residential and small farm consumers Settlement Agreements, but not less reducing future REP benefits receive benefits from the Residential than the amount of the LRA payments. determined to be otherwise due them. Exchange Program while returning to This proposal effectively treats the LRA The amount of the reduction in benefits preference customers the overpayments

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to IOUs that occurred under the REP rate. First, the WP–07 Supplemental Issued this 1st day of February, 2008. settlements. This aggregate benefit is in Proposal results in an average PF Stephen J. Wright, the middle of the $200 million to $220 Preference rate of $26.2/MWh—about a Administrator and Chief Executive Officer. million range contained in the four percent (4%) reduction from [FR Doc. E8–2339 Filed 2–7–08; 8:45 am] Recommendations of Representatives of current rates. This proposed reduction BILLING CODE 6450–01–P the Investor-Owned and Certain results from several changes or revisions Consumer-Owned Utilities Regarding to the WP–07 Final Studies. The most the Residential Exchange Benefits for significant change is a reduction in the ENVIRONMENTAL PROTECTION Customers Served by the Pacific costs of the REP for FY 2009 from about AGENCY Northwest Investor-Owned Utilities $336 million to $202 million, which dated November 7, 2007. BPA includes $39 million of the Lookback [ER–FRL–6695–7] understands that this document enjoys Amount. broad, albeit not universal, customer Second, BPA is determining the Environmental Impacts Statements; support. BPA views such support as a magnitude of the Lookback Amounts for Notice of Availability measure of the reasonableness of its FY 2002–2007 that need to be recovered Responsible Agency: Office of Federal approach to recovering the Lookback from the region’s IOUs and returned to Activities, General Information (202) Amounts over time. public utilities. BPA proposes to recover 564–7167 or http://www.epa.gov/ Table 4 shows FY 2009 REP benefits this total, approximately $620 million, compliance/nepa/ out of future REP benefits, starting with due and REP benefits paid before Weekly receipt of Environmental Impact consideration of any deemer obligations. the $39 million for FY 2009 noted above. BPA proposes that the amount of Statements future Lookback Amounts recovered, Filed 01/28/2008 through 02/01/2008 TABLE 4.—FY 2009 REP BENEFITS Pursuant to 40 CFR 1506.9 and by extension the associated PF rate DUE AND BENEFITS PAID BEFORE EIS No. 20080035, Draft EIS, IBR, WA, DEEMER ADJUSTMENT reduction, will be decided in each subsequent rate case. Yakima River Basin Water Storage [Millions of dollars] Lastly, BPA is proposing to provide Feasibility Study, Create Additional public utilities with either a one-time Water Storage, Benton, Yakima, FY 2009 FY 2009 Kittitas Counties, WA, Comment Utility name REP bene- REP bene- payment or a credit on their power bills fits due fits paid for the difference between the REP Period Ends: 03/31/2008, Contact: settlements costs in power rates for FY David Kaumheimer 509–575–5848 Avista ...... $27.8 $23.3 2007–2008, and the amount of FY 2007– Ext. 612. Idaho Power ..... 9.2 7.7 2008 REP benefits the IOUs would be EIS No. 20080036, Final EIS, GSA, CO, Northwestern paid under BPA’s proposal. If BPA Denver Federal Central Site Plan Energy ...... 7.6 6.4 offers, and preference customers sign, Study, Master Site Plan, PacifiCorp ...... 50.8 42.7 Standstill Payment Agreements, they Implementation, City of Lakewood, Portland General Jefferson County, CO, Wait Period Electric ...... 54.6 45.8 will receive a portion of this credit in Puget Sound FY 2008 and the remainder in FY 2009. Ends: 03/10/2008, Contact: Lisa D. Energy ...... 100.2 84.1 If they do not sign Standstill Payment Morpurgo 303–236–8000 Ext. 5039. Agreements, or the agreements are not EIS No. 20080037, Draft EIS, AFS, ID, Total ...... 250.2 210.0 offered, preference customers will Yakus Creek Project, Proposes Timber receive the credit in FY 2009. BPA has Harvest, Watershed Improvement, and BPA maintains the position that Idaho the financial reserves to provide this FY Access Management Activities, Power has a substantial deemer balance 2008–2009 payment or credit of about Lochsa Ranger District, Clearwater at the end of FY 2008. BPA is proposing $315 million because BPA has been National Forest, Idaho County, ID, to apply the same treatment to Idaho collecting REP settlement costs in the Comment Period Ends: 03/24/2008, Power’s deemer balance for FY 2009 PF Preference rate but has not been Contact: Craig Trulock 208–926–4274. that was applied when determining the paying benefits to the IOUs since the EIS No. 20080038, Draft EIS, BLM, WY, Lookback Amounts for FY 2002–2008. Court’s May, 2007, rulings. West Antelope Coal Lease Specifically, REP benefits will first be Application (Federal Coal Lease Part VII—2007 Supplemental applied toward deemer balances. Only Application WYW163340), Wholesale Power Rate Schedules (FY when Idaho Power’s deemer balance is Implementation, Converse and 2009) and 2007 Supplemental General extinguished would REP benefits be Campbell Counties, WY, Comment Rate Schedule Provisions (GRSPs) (FY available to apply against Lookback Period Ends: 04/08/2008, Contact: 2009) Amounts and to provide positive REP Sarah Bucklin 307–261–7587. benefits to Idaho Power. Based on Idaho BPA’s proposed 2007 Supplemental EIS No. 20080039, Final EIS, BLM, NV, Power’s current deemer balance and Wholesale Power Rate Schedules and Kane Springs Valley Groundwater reasonable expectations of future REP GRSPs, as well as the Section 7(b)(2) Development Project, To Construct benefits, Idaho Power is not expected to Legal Interpretation and Section 7(b)(2) Infrastructure Required to Pump and amortize its Lookback Amount by 2028. Implementation Methodology, Convey Groundwater Resources, BPA acknowledges that Idaho Power incorporated by reference as a part of Right-of-Way Application, Lincoln disputes its current deemer balance and this Notice, are available for viewing County Water District, Lincoln has requested to explore with BPA the and downloading on BPA’s Web site at County, NV, Wait Period Ends: 03/10/ possibility of settling this dispute. http://www.bpa.gov/corporate/ratecase. 2008, Contact: Penny Wood 775–861– A copy of the proposed rate schedules 6466. F. Summary and GRSPs are also available for EIS No. 20080040, Draft EIS, IBR, NV, In summary, BPA’s proposal responds viewing in BPA’s Public Reference Folsam Lake State Recreation Area & to the Court’s rulings in several ways to Room at the BPA Headquarters, 1st Folsam Powerhouse State Historic remedy the improper allocation of REP Floor, 905 NE 11th Avenue, Portland, Park, General Plan/Resource settlement costs to the PF Preference OR. Management Plan, Implementation, El

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Dorado County, NV, Comment Period Review Process (ERP), under section Summary: EPA does not object to the Ends: 03/24/2008, Contact: Laura 309 of the Clean Air Act and section proposed action. Rating LO. Cabollero 916–989–7172. 102(2)(c) of the National Environmental EIS No. 20070484, ERP No. D–FHW– EIS No. 20080041, Final Supplement, Policy Act as amended. Requests for F40818–00, Interstate–94, I–43, I–894, AFS, 00, Southwest Idaho Ecogroup copies of EPA comments can be directed and WI–119 (Airport Spur) I–94/USH Land and Resource Management Plan, to the Office of Federal Activities at 41 Interchange to Howard Avenue, To Supplements the Rangeland Resource 202–564–7167. Address Freeway System’s Section of the 2003 FEIS Concerning An explanation of the ratings assigned Deteriorated Conditions, Funding and Terrestrial Management Indicator to draft environmental impact U.S. Army COE Section 404 Permit, Species (MIS), Boise National Forest, statements (EISs) was published in FR Kenosha, Racine and Milwaukee Payette National Forest and Sawtooth dated April 6, 2007 (72 FR 17156). Counties, WI and Lake County, IL. National Forest, Forest Plan Revision, Draft EISs Summary: EPA expressed Implementation, Several Counties, ID; environmental concerns about the Malhaur County, OR and Box Elder EIS No. 20070559, ERP No. D1–DOE– impacts to wetlands, and has requested County, UT, Wait Period Ends: 03/10/ A06181–00, Rail Alignment for the further analysis regarding mobile source 2008, Contact: Sharon LaBrecque Construction and Operation of a air toxics and suggests air quality 208–737–3277. Railroad in Nevada to a Geologic mitigation strategies that should be EIS No. 20080042, Draft EIS, AFS, MT, Repository (DOE/EIS–0369D) at Yucca considered. Rating EC2. Debaugan Fuels Reduction Project, Mountain, Nye County, NV. EIS No. 20070498, ERP No. D–FHW– Proposed Fuels Reduction Activities, Summary: EPA expressed J40181–UT, I–15 Corridor Project, Lolo National Forest, Superior Ranger environmental concerns about the Transportation Improvement from District, Mineral County, MT, preferred alignment (the Caliente rail Utah County to Salt Lake County, UT. Comment Period Ends: 03/24/2008, alignment) because it could require the Summary: EPA expressed Contact: Sharon Sweeney 406–822– filling of up to 81 acres of waters of the environmental concerns about the 4233. U.S., including wetlands associated potential increases in PM 2.5 as well as EIS No. 20080043, Draft EIS, FTA, HI, with the Meadow Valley Wash and the project’s contribution of total Lahaina Small Boat Harbor Ferry Pier Clover Creek. EPA also expressed dissolved solids to impaired the Jordan Project, To Build a New Interisland concerns about the limited analysis River. Rating EC1. Ferry Pier, Maui, HI, Comment Period regarding the hydrologic effects of the Ends: 03/24/2008, Contact: Ted rail line construction to the Meadow EIS No. 20070517, ERP No. D–USN– Matley 415–744–2737. Valley Wash area. Rating EC2. D11043–MD, National Naval Medical Center, Activities to Implement 2005 Amended Notices EIS No. 20070419, ERP No. D–BLM– Base Realignment and Closure J65493–UT, Kanab Field Office EIS No. 20070526, Draft EIS, AFS, WY, Actions, Construction and Operation Resource Management Plan, Thunder Basin National Grassland of New Facilities for Walter Reed Implementation, Portions of Kane and Prairie Dog Management Strategy, National Military Medical Center, Garfield Counties, UT. Land and Resource Management Plan Bethesda, MD. Summary: EPA expressed Amendment #3, Proposes to Summary: EPA expressed concern environmental concerns about potential Implement a Site-Specific Strategy to about potential wetland and historic adverse impacts to water quality, Manage Black-Trailed Prairie Dogs, resource impacts. Rating EC2. aquatic resources, air quality, and Douglas Ranger District, Medicine EIS No. 20070519, ERP No. D–AFS– sensitive/rare wildlife and their habitat. Bow-Routt National Forests and J65502–MT, Cooney McKay Forest Rating EC2. Thunder Basin National Grassland, Health and Fuels Reduction Project, Campbell, Converse, Niobrara and EIS No. 20070440, ERP No. D–FHW– Proposed to Restore Desirable Weston Counties, WY, Comment J40178–UT, Mountain View Corridor Vegetative Conditions, Swan Valley Period Ends: 03/24/2008, Contact: (MVC) Project, Proposed near Condon, Swan Lake Ranger Misty Hays 307–358–4690, Revision Transportation Improvement 2030 District, Flathead National Forest, of FR Notice Published 12/21/2007: Travel Demand in Western Salt Lake Lake and Missoula Counties, MT. Extending Comment Period from County south of I–80 and west of Summary: EPA supports activities to 02/04/2008 to 03/24/2008. Bangerter Highway and in reduce hazardous fuels and fire risk in northwestern Utah County of I–15, Dated: February 5, 2008. wildland urban interface areas, but south of the Salt Lake County Line, expressed environmental concerns Robert W. Hargrove, and north of Utah Lake, Salt Lake and Director, NEPA Compliance Division, Office about adverse impacts from logging and Utah County, UT. road construction on water quality. EPA of Federal Activities. Summary: EPA has environmental [FR Doc. 08–576 Filed 2–7–08; 8:45 am] also identified the need for consistency concerns about the potential with the downstream Swan Lake TMDL. BILLING CODE 6560–50–M impairment of water quality in the Rating EC2. Jordan River. Rating EC1. EIS No. 20070428, ERP No. DA–DOE– ENVIRONMENTAL PROTECTION EIS No. 20070469, ERP No. D–NOA– A06181–00, Geologic Repository for AGENCY E91021–00, Snapper Grouper the Disposal of Spent Nuclear Fuel Amendment 15B, Fishery and High-Level Radioactive Waste at [ER–FRL–6695–8] Management Plan, To Analyze the Yucca Mountain, Nye County, Environmental Impact Statements and Effects of Updating Management Nevada—Nevada Rail Transportation Regulations; Availability of EPA Reference Points for Golden Tilefish Corridor (DOE/EIS–0250F–S2D), Comments (Lopholatilus chamaeleonticeps); Railroad Construction and Operation Define Allocations for Snowy Grouper within the Mina Rail Corridor to Availability of EPA comments (Epinephelus niveatus) and Red Porgy connect Yucca Mountain Repository prepared pursuant to the Environmental (Pagrus pagrus), NC, SC, FL and GA. to Rail Line near Wabusha, NV.

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Summary: EPA does not object to the monitoring, restoring riparian and sage COE Section 404 Permit, Town of proposed action. Rating LO. grouse habitats, and consideration of a Parker, Douglas County, CO. EIS No. 20070429, ERP No. DB–DOE– hybrid alternative which is based on Summary: EPA expressed A06181–00, Geologic Repository for available resources. Rating EC2. environmental concerns about the lack the Disposal of Spent Nuclear Fuel EIS No. 20070521, ERP No. DS–NOA– of information regarding the uncertainty and High-Level Radioactive Waste, G64007–00, Reef Fish Amendment of future water supplies for all of the Construction, Operation, Monitoring 30A: Greater Amberjack—Revise four service areas. EPA also expressed and Eventually Closing a Geologic Rebuilding Plan, Accountability concerns with potential impacts to Repository (DOE/EIS–0250F–S1D) at Measures: Gray Triggerfish-Establish Cherry Creek’s adjacent wetland and Yucca Mountain, Nye County, NV. Rebuilding Plan, End Overfishing, riparian habitat, and recommended that Summary: EPA expressed Accountability Measures, Regional the Corps include a monitoring plan to environmental concerns about regional Management, Management detect whether any adverse impacts to seismic activity and questions that have Thresholds and Benchmarks, Gulf of aquatic ecosystems adjacent to Cherry been raised regarding the differences in Mexico. Creek occur as a result of the proposed observed strain rates in the area versus Summary: EPA does not object to the project. forecasted rates and whether these rates preferred alternative. Rating LO. Dated: February 5, 2008. have been underestimated. EPA Final EISs Robert W. Hargrove, recommended that the final SEIS EIS No. 20070464, ERP No. F–FHW– Director, NEPA Compliance Division, Office explain the appropriate strain rates will of Federal Activities. D40335–VA, Harrisonburg Southeast be determined and reflected in the [FR Doc. E8–2371 Filed 2–7–08; 8:45 am] project’s conceptual seismic model. Connector Location Study, BILLING CODE 6560–50–P Rating EC2. Transportation Improvements from EIS No. 20070441, ERP No. DS–IBR– U.S. Route 11 to U.S. Route 33, K39079–CA, Environmental Water Funding and U.S. Army COE Section 404 Permit, City of Harrisonburg, Account (EWA) Project, Updated FARM CREDIT ADMINISTRATION Information to Provide an Evaluation Rockingham County, VA. of 2004 Final EIS/EIR Environmental Summary: EPA does not object to the Farm Credit Administration Board; Water Account (EWA) and Effects preferred alternative. Regular Meeting Associated with Extending the EIS No. 20070465, ERP No. F–FRA– AGENCY: Farm Credit Administration. Current EWA’s through 2011, CA. K59004–CA, Los Angeles to San Diego SUMMARY: Notice is hereby given, Summary: EPA expressed (LOSSAN) Rail Corridor, Proposed Rail Corridor Improvement Studies, pursuant to the Government in the environmental concerns about potential Sunshine Act (5 U.S.C. 552b(e)(3)), of impacts to fisheries and water quality, Increase of Intercity Travel for Faster, Safer, and Reliable Passenger Rail the regular meeting of the Farm Credit and recommended that the Final Administration Board (Board). Supplemental EIS/EIR include System, Los Angeles, Orange, and San DATE AND TIME: The regular meeting of additional information regarding EWA Diego Counties, CA. the Board will be held at the offices of fisheries benefits, water quality Summary: EPA expressed the Farm Credit Administration in conditions and management, and environmental concerns about the McLean, Virginia, on February 14, 2008, project funding. Rating EC2. direct, indirect, and cumulative impacts to aquatic and biological resources and from 9 a.m. until such time as the Board EIS No. 20070470, ERP No. DS–AFS– concludes its business. L65453–ID, North Sheep impacts to sensitive lagoon ecosystems. FOR FURTHER INFORMATION CONTACT: Allotments—Sheep and Goat EIS No. 20070531, ERP No. F–AFS– Roland E. Smith, Secretary to the Farm Allotment Management Plans, J65481–MT, Lolo National Forest Credit Administration Board, (703) 883– Additional Information on Analyses Integrated Weed Management, To 4009, TTY (703) 883–4056. Concerning Management Indicator Establish Beneficial Vegetation and Species, Capable and Suitable Grazing Weed Resistant Plant Communities, ADDRESSES: Farm Credit Lands, and Adaptive Management Missoula, Mineral, Sanders, Granite, Administration, 1501 Farm Credit Drive, Strategies, Authorization of Powell, Lewis and Clark, Flathead, McLean, Virginia 22102–5090. Continued Sheep Grazing for Fisher Ravalli and Lake Counties, MT. SUPPLEMENTARY INFORMATION: This Creek, Smiley Creek, North Fork- Summary: EPA supports the Forest meeting of the Board will be open to the Boulder and Baker Creek Sheep and Service’s efforts in managing the great public (limited space available). In order Goat Grazing Allotments, Sawtooth threats from noxious weeds. The final to increase the accessibility to Board National Forest, Ketchum Ranger EIS addressed our comments on meetings, persons requiring assistance District, Sawtooth National Recreation prioritizing a full range of weed should make arrangements in advance. Area, Blaine and Custer Counties, ID. management activities. Because of the The matters to be considered at the Summary: This supplemental EIS has potential for unintended transport of meeting are: included additional analysis and herbicides to surface and ground water, Open Session information on grazing land status, EPA encouraged continued water adaptive management and species of quality monitoring to validate design A. Approval of Minutes concern. However, EPA continues to criteria and monitoring mitigation • January 10, 2008 have environmental concerns about measures. adverse impacts to water quality and EIS No. 20070490, ERP No. FS–COE– B. New Business riparian areas from grazing, and J28021–CO, Rueter-Hess Reservoir • Consideration and Referral of cumulative effects to sensitive areas and Expansion Project, Enlarges Reservoir Supervisory Strategies and Enforcement aquatic resources from multiple uses. to Provide Storage of Denver Basin Actions EPA recommended more emphasis on Groundwater for Meeting Peak • Merger of Sacramento Valley Farm water quality restoration and Municipal Water Supply, U.S. Army Credit ACA into Farm Credit West ACA

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• Bookletter BL–055—Floor The applications listed below, as well available for inspection at the offices of Nomination Procedures for System as other related filings required by the the Board of Governors. Interested Associations and Banks Board, are available for immediate persons may express their views in inspection at the Federal Reserve Bank writing on the standards enumerated in C. Reports indicated. The applications also will be the BHC Act (12 U.S.C. 1842(c)). If the • Funding Approval Report available for inspection at the offices of proposal also involves the acquisition of • Office of Management Services the Board of Governors. Interested a nonbanking company, the review also Quarterly Report persons may express their views in includes whether the acquisition of the Dated: February 6, 2008. writing on the standards enumerated in nonbanking company complies with the Roland E. Smith, the BHC Act (12 U.S.C. 1842(c)). If the standards in section 4 of the BHC Act proposal also involves the acquisition of Secretary, Farm Credit Administration Board. (12 U.S.C. 1843). Unless otherwise a nonbanking company, the review also noted, nonbanking activities will be [FR Doc. 08–605 Filed 2–6–08; 2:53 pm] includes whether the acquisition of the conducted throughout the United States. BILLING CODE 6705–01–P nonbanking company complies with the Additional information on all bank standards in section 4 of the BHC Act holding companies may be obtained (12 U.S.C. 1843). Unless otherwise from the National Information Center FEDERAL DEPOSIT INSURANCE noted, nonbanking activities will be website at www.ffiec.gov/nic/. CORPORATION conducted throughout the United States. Unless otherwise noted, comments Additional information on all bank regarding each of these applications Notice of Agency Meeting holding companies may be obtained must be received at the Reserve Bank Pursuant to the provisions of the from the National Information Center indicated or the offices of the Board of ‘‘Government in the Sunshine Act’’ (5 website at www.ffiec.gov/nic/. Governors not later than March 6, 2008. U.S.C. 552b), notice is hereby given that Unless otherwise noted, comments A. Federal Reserve Bank of Kansas at 10 a.m. on Tuesday, February 12, regarding each of these applications City (Todd Offenbacker, Assistant Vice 2008, the Federal Deposit Insurance must be received at the Reserve Bank President) 925 Grand Avenue, Kansas Corporation’s Board of Directors will indicated or the offices of the Board of City, Missouri 64198–0001: meet in closed session, pursuant to Governors not later than March 4, 2008. 1. United Bancshares, Inc.; to become section 552b(c)(4), (c)(6), (c)(8), and A. Federal Reserve Bank of a bank holding company by acquiring (9)(A)(ii) of Title 5, United States Code, Minneapolis (Jacqueline G. King, 100 percent of the voting shares of to consider matters relating to the Community Affairs Officer) 90 Garden City State Bank, both of Garden Corporation’s supervisory and corporate Hennepin Avenue, Minneapolis, City, Kansas. activities. Minnesota 55480–0291: Board of Governors of the Federal Reserve The meeting will be held in the Board 1. Mills Financial Services, Inc., System, February 5, 2008. Room on the sixth floor of the FDIC Brainerd, Minnesota; to become a bank Margaret McCloskey Shanks, holding company by acquiring 100 Building located at 550 17th Street, Associate Secretary of the Board. percent of First Security Bank – NW., Washington, DC. [FR Doc. E8–2337 Filed 2–7–08; 8:45 am] Requests for further information Sanborn, Sanborn, Minnesota. BILLING CODE 6210–01–S concerning the meeting may be directed Board of Governors of the Federal Reserve to Mr. Robert E. Feldman, Executive System, February 4, 2008. Secretary of the Corporation, at (202) Robert deV. Frierson, FEDERAL RESERVE SYSTEM 898–7122. Deputy Secretary of the Board. Dated: February 5, 2008. [FR Doc. E8–2284 Filed 2–7–08; 8:45 am] Consumer Advisory Council Federal Deposit Insurance Corporation. BILLING CODE 6210–01–S ACTION: Notice of Meeting of the Robert E. Feldman, Consumer Advisory Council Executive Secretary. FEDERAL RESERVE SYSTEM [FR Doc. E8–2340 Filed 2–7–08; 8:45 am] The Consumer Advisory Council will BILLING CODE 6714–01–P Formations of, Acquisitions by, and meet on Thursday, March 6, 2008. The Mergers of Bank Holding Companies meeting, which will be open to public observation, will take place at the The companies listed in this notice FEDERAL RESERVE SYSTEM Federal Reserve Board’s offices in have applied to the Board for approval, Washington, D.C., in Dining Room E on Formations of, Acquisitions by, and pursuant to the Bank Holding Company the Terrace Level of the Martin Mergers of Bank Holding Companies Act of 1956 (12 U.S.C. 1841 et seq.) Building. Anyone planning to attend the (BHC Act), Regulation Y (12 CFR Part meeting should, for security purposes, The companies listed in this notice 225), and all other applicable statutes register no later than Tuesday, March 4, have applied to the Board for approval, and regulations to become a bank by completing the form found online at: pursuant to the Bank Holding Company holding company and/or to acquire the https://www.federalreserve.gov/secure/ Act of 1956 (12 U.S.C. 1841 et seq.) assets or the ownership of, control of, or forms/cacregistration.cfm (BHC Act), Regulation Y (12 CFR Part the power to vote shares of a bank or Additionally, attendees must present 225), and all other applicable statutes bank holding company and all of the photo identification to enter the and regulations to become a bank banks and nonbanking companies building. holding company and/or to acquire the owned by the bank holding company, The meeting will begin at 9:00 a.m. assets or the ownership of, control of, or including the companies listed below. and is expected to conclude at 1:00 p.m. the power to vote shares of a bank or The applications listed below, as well The Martin Building is located on C bank holding company and all of the as other related filings required by the Street, NW, between 20th and 21st banks and nonbanking companies Board, are available for immediate Streets. owned by the bank holding company, inspection at the Federal Reserve Bank The Council’s function is to advise including the companies listed below. indicated. The applications also will be the Board on the exercise of the Board’s

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responsibilities under various consumer Persons wishing to submit views to Hart-Scott-Rodino Antitrust financial services laws and on other the Council on any of the above topics Improvements Act of 1976, requires matters on which the Board seeks its may do so by sending written persons contemplating certain mergers advice. Time permitting, the Council statements to Jennifer Kerslake, or acquisitions to give the Federal Trade will discuss the following topics: Secretary of the Consumer Advisory Commission and the Assistant Attorney • Proposed rules for residential Council, Division of Consumer and General advance notice and to wait mortgage transactions Community Affairs, Board of Governors designated periods before Members will discuss the Board’s of the Federal Reserve System, consummation of such plans. Section proposal to establish new regulatory Washington, D.C. 20551. Information protections for consumers in the 7A(b)(2) of the Act permits the agencies, about this meeting may be obtained in individual cases, to terminate this residential mortgage market through from Ms. Kerslake, 202–452–6470. amendments to Regulation Z, which waiting period prior to its expiration Board of Governors of the Federal and requires that notice of this action be implements the Truth in Lending Act Reserve System, February 5, 2008. and the Home Ownership and Equity published in the Federal Register. Protection Act. The proposal addresses Margaret McCloskey Shanks The following transactions were unfair, abusive, or deceptive lending Associate Secretary of the Board granted early termination of the waiting and servicing practices and mortgage [FR Doc. E8–2335 Filed 2–7–08; 8:45 am] period provided by law and the advertising practices, and would also BILLING CODE 6210–01–S premerger notification rules. The grants require creditors to provide consumers were made by the Federal Trade with transaction–specific cost Commission and the Assistant Attorney disclosures earlier. FEDERAL TRADE COMMISSION General for the Antitrust Division of the • Foreclosure issues Department of Justice. Neither agency Members will discuss issues related to Granting of Request for Early home foreclosures, such as loss– intends to take any action with respect Termination of the Waiting Period to these proposed acquisitions during mitigation strategies and counseling Under the Premerger Notification the applicable waiting period. initiatives. Rules Reports by committees and other matters initiated by Council members Section 7A of the Clayton Act, 15 also may be discussed. U.S.C. 18a, as added by Title II of the

Trans No. Acquiring Acquired Entities

Transactions Granted Early Termination—01/14/2008

20080479 ...... Amazon.com, Inc ...... Bill Me Later, Inc ...... Bill Me Later, Inc. 20080494 ...... Duke Energy Corporation...... Saluda River Electric Cooperative, Saluda River Electric Cooperative, Inc. Inc. 20080569 ...... CML Healthcare Income Fund ...... ARS Holding, Inc ...... ARS Holding Inc.

Transactions Granted Early Termination—01/15/2008

20080462 ...... Ms. Esther Koplowitz Romero de Siemens Aktiengesellschaft...... Hydrocarbon Recovery Services, Juseu. Inc., International Petroleum Corp. of Delaware. 20080469 ...... Teradyne, Inc ...... Nextest Systems Corporation ...... Nextest Systems Corporation. 20080522 ...... Providence Equity Partners IV L.P ... William L. Adamany ...... AGT Enterprises, Inc., Star-Iowa, LLC.

Transactions Granted Early Termination—01/16/2008

20080470 ...... Eisai Co., Ltd ...... MGI Pharma, Inc ...... MGI Pharma, Inc.

Transactions Granted Early Termination—01/17/2008

20080495 ...... KASLION S.a.r.L...... Atlantic Bridge Ventures Holdings GloNav Inc. Limited. 20080519 ...... Apollo Investment Fund VI, L.P ...... GA Industries, Inc ...... GA Industries, Inc. 20080586 ...... Pfizer Inc ...... The Biotech Settlement ...... CovX Research LLC, CovX Tech- nologies Ireland Limited.

Transactions Granted Early Termination—01/18/2008

20080537 ...... Financiere Asteel S.A ...... Flash Electronics International ...... Flash Electronics Holding. 20080564 ...... Eli Lilly and Company ...... BioMS Medical Corp ...... BioMS Medical Corp. 20080587 ...... Alfa Mutual Insurance Company ...... Alfa Corporation ...... Alfa Corporation. 20080588 ...... Alfa Mutual Fire Insurance Company Alfa Corporation ...... Alfa Corporation. 20080590 ...... Long Point Capital Fund, II, L.P ...... Avadhesh and Umarani Agarwal ...... UMA Enterprises, Inc. 20080598 ...... Gryphon Partners III, L.P ...... Accelerated Health Systems, LLC .... Accelerated Health Systems, LLC. 20080606 ...... Lake Capital Partners II LP ...... Gary L. Fish ...... FishNet Security Holdings, Inc. 20080608 ...... Epicor Software Corporation ...... NSB Retail Systems PLC ...... NSB Retail Systems PLC.

Transactions Granted Early Termination—01/22/2008

20080522 ...... JANA Offshore Partners, Ltd ...... CNET Networks, Inc ...... CNET Networks, Inc.

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Trans No. Acquiring Acquired Entities

20080563 ...... WuXi PharmaTech (Cayman) Inc ..... AppTec Laboratory Services, Inc ...... AppTec Laboratory Services, Inc. 20080568 ...... BlueScope Steel Ltd ...... San Faustin N.V ...... Imsa Steel Corp. 20080591 ...... IFM Infrastructure Funds ...... Consolidated Edison, Inc ...... CED Generation Holding Company, LLC, CED Rock Springs, LLC, Consolidated Edison Energy, Mas- sachusetts, LLC, Newington En- ergy, LLC, Ocean Peaking Power, LLC. 20080595 ...... Murat Ulker ...... Campbell Soup Company ...... Godiva Chocolatier, Inc. 20080597 ...... Oak Hill Capital Partners III, L.P ...... News Corporation ...... Fox Television Stations, Inc., New world Communications of Kansas City, Inc. 20080602 ...... Oracle Healthcare Acquisition Corp .. Precision Therapeutics, Inc ...... Precision Therapeutics, Inc. 20080611 ...... Linn Energy, LLC ...... Gary W. and Constance S. Lewis ..... Lamamco Drilling Company. 20080612 ...... Linn Energy, LLC ...... Stanley and Sabrina L. Miller ...... Lamamco Drilling Company.

Transactions Granted Early Termination—01/23/2008

20080609 ...... Intuit Inc ...... Electronic Clearing House, Inc ...... Electronic Clearing House, Inc.

Transactions Granted Early Termination—01/24/2008

20080576 ...... American Securities Partners IV, L.P Horizon Global Technology, Inc ...... Horizon Global Technology, Inc. 20080578 ...... MHR Institutional Partners III LP ...... Leap Wireless International, Inc ...... Leap Wireless International, Inc. 20080582 ...... Owl Creek Overseas Fund, Ltd ...... Leap Wireless International, Inc ...... Leap Wireless International, Inc. 20080600 ...... Jose Maria Rubiralta ...... Inova Diagnostics, Inc ...... Inova Diagnostics, Inc. 20080603 ...... Quik-Way Retail Associates Holdings Royal Dutch Shell plc ...... Motiva Enterprises LLC. II, Ltd. 20080604 ...... Quik-Way Retail Associates Holdings Aramco Services Company ...... Motiva Enterprises LLC. II, Ltd. 20080625 ...... Rock-Tenn Company ...... Steven Grossman ...... Southern Container Corporation.

Transactions Granted Early Termination—01/25/2008

20080571 ...... Leucadia National Corporation ...... AmeriCredit Corp ...... AmeriCredit Corp. 20080580 ...... Brush Engineered Materials, Inc ...... Techni-Met, Inc ...... Techni-Met, Inc. 20080607 ...... U.S. Bancorp ...... Gary M. Eng ...... Southern DataComm, Inc.

FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, the services rendered to a Medicare Sandra M. Peay, Contact Representative Centers for Medicare & Medicaid beneficiary, a statement must be or Renee Hallman, Contact Services (CMS) is publishing the submitted that is sufficiently Representative, Federal Trade following summary of proposed comprehensive to support that an Commission, Premerger Notification collections for public comment. emergency existed. Form CMS–1771 Office, Bureau of Competition, Room Interested persons are invited to send contains a series of questions relating to H–303, Washington, DC 20580, (202) comments regarding this burden the medical necessity of the emergency. 326–3100. estimate or any other aspect of this The attending physician must attest that By Direction of the Commission. collection of information, including any the hospitalization was required under Donald S. Clark, of the following subjects: (1) The the regulatory emergency definition (42 Secretary. necessity and utility of the proposed CFR 424.101) and give clinical information collection for the proper documentation to support the claim. [FR Doc. 08–524 Filed 2–7–08; 8:45 am] performance of the agency’s functions; Form Number: CMS–1771 (OMB# 0938– BILLING CODE 6750–01–M (2) the accuracy of the estimated 0023); Frequency: Yearly; Affected burden; (3) ways to enhance the quality, Public: Private sector—business or other utility, and clarity of the information to for-profit and not-for-profit institutions; DEPARTMENT OF HEALTH AND be collected; and (4) the use of Number of Respondents: 100; Total HUMAN SERVICES automated collection techniques or Annual Responses: 200; Total Annual Centers for Medicare & Medicaid other forms of information technology to Hours: 50. Services minimize the information collection 2. Type of Information Collection burden. Request: Revision of a currently [Document Identifier: CMS–1771, CMS– 1. Type of Information Collection approved collection; Title of 10145 and CMS–10204] Request: Extension of a currently Information Collection: Medicare Part B approved collection; Title of Drug and Biological Competitive Agency Information Collection Information Collection: Attending Acquisition Program and Supporting Activities: Proposed Collection; Physicians Statement and Regulations in 42 CFR Sections 414.906, Comment Request Documentation of Medicare Emergency 414.908, 414.910, 414.914, 414.916, and AGENCY: Centers for Medicare & and Supporting Regulations in 42 CFR 414.917; Use: Section 303(d) of the Medicaid Services, HHS. 424.103; Use: 42 CFR 424.103(b) Medicare Prescription Drug, In compliance with the requirement requires that before a nonparticipating Improvement, and Modernization Act of of section 3506(c)(2)(A) of the hospital may be paid for emergency 2003 (MMA) provides an alternative

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payment methodology for Part B Public: Individuals or households; and Human Services, is publishing the covered drugs that are not paid on a cost Number of Respondents: 900; Total following summary of proposed or prospective payment basis. In Annual Responses: 900; Total Annual collections for public comment. particular, section 303(d) of the MMA Hours: 150. Interested persons are invited to send amends Title XVIII of the Social To obtain copies of the supporting comments regarding this burden Security Act by adding a new section statement and any related forms for the estimate or any other aspect of this 1847(B), which establishes a proposed paperwork collections collection of information, including any competitive acquisition program for the referenced above, access CMS’ Web Site of the following subjects: (1) The acquisition of and payment for Part B address at http://www.cms.hhs.gov/ necessity and utility of the proposed covered drugs and biologicals furnished PaperworkReductionActof1995, or E- information collection for the proper on or after January 1, 2006. Since its mail your request, including your performance of the Agency’s function; inception, additional legislation has address, phone number, OMB number, (2) the accuracy of the estimated augmented the CAP. Section 108 of the and CMS document identifier, to burden; (3) ways to enhance the quality, Medicare Improvements and Extension [email protected], or call the utility, and clarity of the information to Act under Division B, Title I of the Tax Reports Clearance Office on (410) 786– be collected; and (4) the use of Relief Health Care Act of 2006 (MIEA– 1326. automated collection techniques or TRHCA) amended section 1847b(a)(3) of In commenting on the proposed other forms of information technology to the Social Security Act and requires that information collections please reference minimize the information collection CAP implement a post payment review the document identifier or OMB control burden. process. This procedure is done to number. To be assured consideration, 1. Type of Information Collection assure that payment is made for a drug comments and recommendations must Request: Extension of a currently or biological under this section only if be submitted in one of the following approved collection; Title of the drug or biological has been ways by April 8, 2008. Information Collection: Hospital and administered to a beneficiary. Form 1. Electronically. You may submit Health Care Complexes Cost Report and Number: CMS–10145 (OMB# 0938– your comments electronically to http:// supporting Regulations in 42 CFR 0945); Frequency: Weekly; Affected www.regulations.gov. Follow the 413.20 and 413.24; Use: This Cost Public: Private sector—business or other instructions for ‘‘Comment or Report Form is filed annually by for-profit and not-for-profit institutions; Submission’’ or ‘‘More Search Options’’ freestanding providers participating in Number of Respondents: 3,000; Total to find the information collection the Medicare program to effect year end Annual Responses: 156,000; Total document(s) accepting comments. cost settlement for providing services to Annual Hours: 31,188. 2. By regular mail. You may mail Medicare beneficiaries. The CMS–2552– 3. Type of Information Collection written comments to the following 96 cost report is needed to determine Request: Revision of a currently address: the amount of reimbursable cost, based approved collection; Title of CMS, Office of Strategic Operations upon the cost limits, that is due these Information Collection: Evaluation of and Regulatory Affairs, Division of providers furnishing medical services to the Medical Adult Day Care Services Regulations Development, Attention: Medicare beneficiaries. Form Number: Demonstration; Use: Section 703 of the Document Identifier/OMB Control CMS–2552–96 (OMB#: 0938–0050); Medicare Prescription Drug, Numberll , Room C4–26–05, 7500 Frequency: Yearly; Affected Public: Improvement and Modernization Act of Security Boulevard, Baltimore, Private sector—business or other for- 2003 (Pub. L. 108–173) authorizes a profit and not-for-profit institutions; Maryland 21244–1850. three-year demonstration to conduct an Number of Respondents: 6,175; Total evaluation of the clinical and cost- Dated: January 30, 2008. Annual Responses: 6,175; Total Annual effectiveness of providing medical adult Michelle Shortt, Hours: 4,090,474. day-care services as a substitute for a Director, Regulations Development Group, 2. Type of Information Collection portion of home health services that Office of Strategic Operations and Regulatory Request: Extension of a currently would otherwise be provided in the Affairs. approved collection; Title of beneficiary’s home. Delivering home [FR Doc. E8–2064 Filed 2–7–08; 8:45 am] Information Collection: Process and health services in the adult day-care BILLING CODE 4120–01–P Information Required to Determine setting represents an expansion of Eligibility of Drugs, Biologicals, and coverage under the home health benefit Radiopharmaceutical Agents for under Medicare. The Demonstration DEPARTMENT OF HEALTH AND Transitional Pass-Through Status Under aims to evaluate both the costs and the HUMAN SERVICES the Hospital Outpatient Prospective benefits of delivering home health Payment System (OPPS); Use: Section services in the adult day-care setting. Centers for Medicare & Medicaid 1833(t)(6) of the Social Security Act The evaluation will examine the Services provides for temporary additional achievements as well as the difficulties [Document Identifier: CMS–2552–96 and payments or ‘‘transitional pass-through inherent in demonstration CMS–10008] payments’’ for certain drugs and implementation. biological agents. Interested parties such Telephone survey data from Medicare Agency Information Collection as hospitals, pharmaceutical companies, beneficiary’s interviews are to be Activities: Submission for OMB and physicians can apply for completed during Phase II of the Review; Comment Request transitional pass-through payment for Evaluation of the Medical Adult Day- drugs and biologicals used with services Care Services Demonstration. The AGENCY: Centers for Medicare & covered under the OPPS. CMS uses this survey was developed based on Medicaid Services, HHS. information to determine if the criteria collection of data from face-to-face In compliance with the requirement for making a transitional pass-through interviews with beneficiaries from of section 3506(c)(2)(A) of the payment are met and if an interim Phase I of the Demonstration evaluation. Paperwork Reduction Act of 1995, the Healthcare Common Procedure Coding Form Number: CMS–10204 (OMB# Centers for Medicare & Medicaid System (HCPCS) code for a new drug or 0938–1017); Frequency: Once; Affected Services (CMS), Department of Health biological is necessary. Form Number:

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CMS–10008 (OMB#: 0938–0802); Dated: January 30, 2008. (2) observational assessments of BSF Frequency: Once; Affected Public: Michelle Shortt, families and their children. Private sector—Business or other for- Director, Regulations Development Group, These data collections are part of the profit; Number of Respondents: 10; Office of Strategic Operations and Regulatory BSF evaluation, which is an important Total Annual Responses: 10; Total Affairs. opportunity to learn if well-designed Annual Hours: 160. [FR Doc. E8–2066 Filed 2–7–08; 8:45 am] interventions can help low-income BILLING CODE 4120–01–P couples develop the knowledge and To obtain copies of the supporting relationship skills that research has statement and any related forms for the shown are associated with healthy proposed paperwork collections DEPARTMENT OF HEALTH AND marriages. BSF programs provide referenced above, access CMS Web site HUMAN SERVICES instruction and support to improve address at http://www.cms.hhs.gov/ marriage and relationship skills and PaperworkReductionActof1995, or E- Administration for Children and enhance couples’ understanding of mail your request, including your Families marriage. In addition, BSF programs address, phone number, OMB number, provide links to a variety of other Submission for OMB Review; and CMS document identifier, to services that could help couples sustain Comment Request [email protected], or call the a healthy relationship (e.g., employment Reports Clearance Office on (410) 786– Proposed Project: assistance). The BSF evaluation uses an 1326. experimental design that randomly Title: Building Strong Families (BSF) assigns couples who volunteer to To be assured consideration, Demonstration and Evaluation—Impact comments and recommendations for the participate in BSF programs to a Study Second Follow-up program or to a control group. proposed information collections must OMB No.: New Collection. be received by the OMB desk officer at The 36-month data collection effort the address below, no later than 5 p.m. Description: The Administration for draws heavily from the 15-month survey Children and Families (ACF), U.S. conducted in BSF sites. Materials for the on March 10, 2008. OMB Human Department of Health and Human 15-month data collection effort were Resources and Housing Branch, Services (HHS), is proposing a data previously submitted to OMB and were Attention: Carolyn Lovett, New collection activity as part of the approved under OMB Control No. 0970– Executive Office Building, Room 10235, Building Strong Families (BSF) 0304. Washington, DC 20503, Fax Number: Demonstration and Evaluation. The Respondents: The respondents for the (202) 395–6974. proposed collection will consist of two telephone questionnaire will be all elements: (1) A telephone survey to be couples in the BSF evaluation. The administered to both partners in couples respondents for the observational enrolled in the BSF research sample assessments will be a sub-sample of about 36 months after enrollment, and children of the couples.

ANNUAL BURDEN ESTIMATES

Annual Number of Average burden Estimated Instrument number of responses per hours per annual burden respondents respondent response hours

36-month telephone survey (female partner) ...... 2,099 1 .9166666 1,924 (55 minutes) 36-month telephone survey (male partner) ...... 1,978 1 .8333333 1,648 (50 minutes) Child/family observations ...... 1,125 1 .6666666 750 (40 minutes)

Estimated Total Annual Burden having its full effect if OMB receives it DEPARTMENT OF HEALTH AND Hours: 4,322 within 30 days of publication. Written HUMAN SERVICES Additional Information: Copies of the comments and recommendations for the proposed collection may be obtained by proposed information collection should Administration for Children and writing to the Administration for be sent directly to the following: Office Families Children and Families, Office of of Management and Budget, Paperwork Submission for OMB Review; Administration, Office of Information Reduction Project, FAX: 202–395–6974, Comment Request Services, 370 L’Enfant Promenade, SW., Attn: Desk Officer for ACF. Washington, DC 20447, Attn: ACF Dated: February 1, 2008. Title: Voluntary Establishment of Reports Clearance Officer. All requests Paternity. Brendan Kelly, should be identified by the title of the OMB No.: 0970–0175. information collection. E-mail address: Reports Clearance Officer. Description: Section 466(a)(5)(C) of [email protected]. [FR Doc. 08–555 Filed 2–7–08; 8:45 am] the Social Security Act requires States OMB Comment: OMB is required to BILLING CODE 4184–01–M to pass laws ensuring a simple civil made a decision concerning the process for voluntarily acknowledging collection of information between 30 paternity under which the State must and 60 days after publication of this provide that the mother and putative document in the Federal Register. father must be given notice, orally and Therefore, a comment is best assured of in writing, of the benefits and legal

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responsibilities and consequences of birth record agencies, and other entities Respondents: State and Tribal IV–D acknowledging paternity. The participating in the voluntary paternity agencies. information is to be used by hospitals, establishment program.

ANNUAL BURDEN ESTIMATES

Number of Average burden Instrument Number of responses per hours per Total burden respondents respondent response hours

None ...... 1,025,521 (1) .166 170,236 1 Variable.

Estimated Total Annual Burden of Management and Budget, Paperwork OMB No.: 0970–0198. Hours: 170,236. Reduction Project, Fax: 202–395–6974, Description: The Child Care and Additional Information: Copies of the Attn: Desk Officer for the Development Fund (CCDF) Tribal Plan proposed collection may be obtained by Administration for Children and serves as the agreement between the writing to the Administration for Families. applicant (Indian tribes, tribal consortia Children and Families, Office of Dated: February 4, 2008. Administration, Office of Information and tribal organizations) and the Federal Janean Chambers, Services, 370 L’Enfant Promenade, SW., government that describes how tribal Reports Clearance Officer. Washington, DC 20447, Attn: ACF applicants will operate CCDF Block Reports Clearance Officer. All requests [FR Doc. 08–556 Filed 2–7–08; 8:45 am] Grant programs. The Tribal Plan should be identified by the title of the BILLING CODE 4184–01–M provides assurances that the CCDF information collection. E-mail address: funds will be administered in [email protected]. conformance with legislative DEPARTMENT OF HEALTH AND OMB Comment: OMB is required to requirements, federal regulations at 45 HUMAN SERVICES make a decision concerning the CFR parts 98 and 99 and other collection of information between 30 Administration for Children and applicable instructions or guidelines and 60 days after publication of this Families issued by the Administration for document in the Federal Register. Children and Families (ACF). Tribes Therefore, a comment is best assured of Proposed Information Collection must submit a new CCDF Tribal Plan having its full effect if OMB receives it Activity; Comment Request every two years in accordance with 45 within 30 days of publication. Written CFR 98.17. comments and recommendations for the Proposed Projects Respondents: Tribal CCDF Programs proposed information collection should Title: Child Care and Development be sent directly to the following: Office Fund Tribal Plan (Form ACF–118–A). (259 in total).

ANNUAL BURDEN ESTIMATES

Number of Average burden Instruments Number of responses per hours per Total burden respondents respondent response hours

CCDF Tribal Plan ...... 259 1 17.5 4,532.5 CCDF Tribal Plan Amendments ...... 259 1 1.5 388.5

Estimated Total Annual Burden The Department specifically requests Dated: February 4, 2008. Hours: 4,921. comments on: (a) Whether the proposed Janean Chambers, In compliance with the requirements collection of information is necessary Reports Clearance Officer. of Section 3506(c)(2)(A) of the for the proper performance of the [FR Doc. 08–557 Filed 2–7–08; 8:45 am] Paperwork Reduction Act of 1995, the functions of the agency, including BILLING CODE 4184–01–M Administration for Children and whether the information shall have Families is soliciting public comment practical utility; (b) the accuracy of the on the specific aspects of the agency’s estimate of the burden of the information collection described above. proposed collection of information; (c) Copies of the proposed collection of the quality, utility, and clarity of the information can be obtained and information to be collected; and (d) comments may be forwarded by writing ways to minimize the burden of the to the Administration for Children and Families, Office of Administration, collection of information on Office of Information Services, 370 respondents, including through the use L’Enfant Promenade, SW., Washington, of automated collection techniques or DC 20447, Attn: ACF Reports Clearance other forms of information technology. Officer. E-mail address: Consideration will be given to [email protected]. All requests should comments and suggestions submitted be identified by the title of the within 60 days of this publication. information collection.

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DEPARTMENT OF HEALTH AND include the FDA docket number found FDA’s ability to respond to, and further HUMAN SERVICES in brackets in the heading of this contain, threats of serious adverse document. health consequences or death to humans Food and Drug Administration or animals from accidental or deliberate FOR FURTHER INFORMATION CONTACT: contamination of food. [Docket No. FDA–2008–N–0056] (formerly Jonna Capezzuto, Office of the Chief Description of Respondents: Persons Docket No. 2007N–0444) Information Officer (HFA–250), Food that manufacture, process, pack, hold, and Drug Administration, 5600 Fishers receive, distribute, transport, or import Agency Information Collection Lane, Rockville, MD 20857, 301–827– food in the United States are required to Activities; Submission for Office of 4659. Management and Budget Review; establish and maintain records, Comment Request; Recordkeeping SUPPLEMENTARY INFORMATION: In including persons that engage in both and Records Access Requirements for compliance with 44 U.S.C. 3507, FDA interstate and intrastate commerce. Food Facilities has submitted the following proposed FDA’s regulations require that records collection of information to OMB for for non-transporters include the name AGENCY: Food and Drug Administration, review and clearance. and full contact information of sources, HHS. recipients, and transporters, an adequate Recordkeeping and Records Access ACTION: Notice. description of the food including the Requirements for Food Facilities—21 quantity and packaging, and the receipt CFR 1.337, 1.345, and 1.352 (OMB SUMMARY: The Food and Drug and shipping dates §§ 1.337 and 1.345). Control Number 0910–0560)—Extension Administration (FDA) is announcing Required records for transporters that a proposed collection of The Public Health Security and include the names of consignor and information has been submitted to the Bioterrorism Preparedness and consignee, points of origin and Office of Management and Budget Response Act of 2002 (the Bioterrorism destination, date of shipment, number (OMB) for review and clearance under Act) added section 414 of the Federal of packages, description of freight, route the Paperwork Reduction Act of 1995. Food, Drug, and Cosmetic Act (the act) of movement and name of each carrier DATES: Fax written comments on the (21 U.S.C. 350c), which requires that participating in the transportation, and collection of information by March 10, persons who manufacture, process, transfer points through which shipment 2008. pack, hold, receive, distribute, transport, moved (§ 1.352). Existing records may ADDRESSES: To ensure that comments on or import food in the United States be used if they contain all of the the information collection are received, establish and maintain records required information and are retained OMB recommends that written identifying the immediate previous for the required time period. comments be faxed to the Office of sources and immediate subsequent In the Federal Register of November Information and Regulatory Affairs, recipients of food. Sections 1.326 19, 2007 (72 FR 65033), FDA published OMB, Attn: FDA Desk Officer, FAX: through 1.363 (21 CFR 1.326 through a 60-day notice requesting public 202–395–6974, or e-mailed to 1.363) of FDA’s regulations set forth the comment on the information collection [email protected]. All comments requirements for recordkeeping and provisions. No comments were received. should be identified with the OMB records access. The requirement to FDA estimates the burden of this control number 0910–0560. Also establish and maintain records improves collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

Annual Frequency 21 CFR Section No. of per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Record

1.337, 1.345, and 1.352 (records maintenance) 379,493 1 379,493 13.228 5,020,000

1.337, 1.345, and 1.352 (learning for new firms) 18,975 1 18,975 4.790 90,890

Total 5,110,890 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

This estimate is based on FDA’s additional information required by the learning about the recordkeeping and estimate of the number of facilities regulations, for a total of 5,020,000 records access requirements, for a total affected by the final rule entitled hours annually. In addition, FDA of 90,890 hours annually. Therefore, the ‘‘Establishment and Maintenance of estimates that new firms entering the total annual recordkeeping burden is Records Under the Public Health affected businesses will incur a burden estimated to be 5,110,890 hours. Security and Bioterrorism Preparedness from learning the regulatory Dated: January 30, 2008. and Response Act of 2002,’’ published requirements and understanding the Jeffrey Shuren, in the Federal Register of December 9, records required for compliance. In this 2004 (69 FR 71562 at 71630). With regard, the agency estimates the number Assistant Commissioner for Policy. regard to records maintenance, FDA of new firms entering the affected [FR Doc. E8–2324 Filed 2–7–08; 8:45 am] estimates that approximately 379,493 businesses to be 5 percent (5%) of BILLING CODE 4160–01–S facilities will spend 13.228 hours 379,493, or 18,975 firms. Thus, FDA collecting, recording, and checking for estimates that approximately 18,975 accuracy of the limited amount of facilities will spend 4.790 hours

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DEPARTMENT OF HEALTH AND I. Enforcement Dates colchicum for gout pain dates back to HUMAN SERVICES FDA intends to take enforcement the 6th century. It was used for several action to enforce section 505(a) of the centuries, but the use of colchicum in Food and Drug Administration Federal Food, Drug, and Cosmetic Act the treatment of gout substantially declined by the 15th century because of [Docket No. FDA–2008–N–0014] (the act) (21 U.S.C. 255(a)) against any unapproved colchicine for injection its toxicity. Colchicum was Drug Products Containing Colchicine product that does not have a National reintroduced as a treatment for acute for Injection; Enforcement Action Drug Code (NDC) number listed with gout beginning in 1763. Colchicine was Dates FDA in full compliance with section first isolated from colchicum in 1820 510 of the act (21 U.S.C. 360) before and made available in oral dosage form AGENCY: Food and Drug Administration, February 6, 2008, that is manufactured, during the 19th century. Colchicine in HHS. shipped, or otherwise introduced or oral dosage form is currently available ACTION: Notice. delivered for introduction into interstate in both as a single ingredient and in 1 commerce by any person on or after combination with probenecid, but these SUMMARY: The Food and Drug February 8, 2008, or against any Administration (FDA) is announcing its products are not covered by this notice. colchicine for injection product that has Colchicine for injection has been intention to take enforcement action, as an NDC number listed with FDA and is available in the United States since the described in this notice, against not commercially used or sold in the 1950s and has been administered unapproved drug products containing United States before February 6, 2008, colchicine for injection (hereinafter but is manufactured, shipped, or intravenously for the treatment of acute ‘‘colchicine for injection products’’), otherwise introduced or delivered for attacks of gout. Because of toxicities and persons who manufacture or cause introduction into interstate commerce associated with the use of intravenous the manufacture of such products or by any person on or after February 8, (IV) colchicine and the emergence of their shipment in interstate commerce. 2008. safer alternative therapies, IV colchicine All colchicine for injection products are However, for unapproved colchicine is rarely used in current practice for administered intravenously. Colchicine for injection products that are acute gout treatment. is associated with a variety of serious commercially used or sold in the United III. Current Status of Colchicine for adverse events, some of them States and have an NDC number listed potentially fatal. Furthermore, a narrow with FDA in full compliance with Injection Products margin of safety exists between a section 510 of the act before February 6, There are currently no approved therapeutic dose of colchicine and a 2008 (‘‘currently marketed and listed’’), applications for colchicine for injection toxic dose of the drug. Colchicine for the agency intends to exercise its products. FDA is aware of only one enforcement discretion after as injection products are new drugs that manufacturer of a currently marketed require approved applications because identified elsewhere in this document. unapproved colchicine for injection they are not generally recognized as safe FDA intends to initiate enforcement product. This manufacturer has notified and effective. Manufacturers who wish action against any currently marketed the agency that it has ceased to market a colchicine for injection and listed colchicine for injection product must obtain FDA approval of a product that is manufactured on or after manufacturing colchicine for injection. new drug application (NDA). March 10, 2008, or that is shipped, IV. Safety Issues in Use of Colchicine DATES: Effective February 8, 2008. For introduced, or delivered for for Injection Products information about enforcement dates, introduction (‘‘shipped’’) on or after please see the SUPPLEMENTARY August 6, 2008. Further, FDA intends to Serious safety concerns, including INFORMATION section. take enforcement action against any fatalities, associated with colchicine for person who manufactures or ships such ADDRESSES: All communications in injection products are well documented products after the dates set forth in the literature and in adverse drug response to this notice should be previously. Any person who submits a identified with Docket No. FDA–2008– events reported to the agency. Many of new drug application (NDA) for a these adverse events are caused by N–0014 and directed to the appropriate colchicine for injection product but has office listed as follows: colchicine toxicity, which typically not received approval must comply with occurs in three phases. The initial Regarding applications under section this notice. Unapproved colchicine for phase, occurring within 24 hours of 505(b) of the act (21 U.S.C. 355(b)): injection products that are not currently administration of a toxic dose of Parinda Jani, Center for Drug marketed, or that are currently marketed Evaluation and Research, Food and but are not listed with the agency before colchicine, is characterized by Drug Administration, 10903 New February 6, 2008 must, as of the date of abdominal pain, anorexia, nausea, Hampshire Ave., Bldg. 22, Silver this notice, have approved applications vomiting, diarrhea, leukocytosis, Spring, MD 20993–0002, 301–796– prior to their introduction or delivery hypovolemia, and electrolyte imbalance. 1232, [email protected]. for introduction into interstate The second phase, 2 to 7 days after All other communications: See the commerce. colchicine administration, involves FOR FURTHER INFORMATION CONTACT bone marrow aplasia, coagulopathies, section. II. Background cardiac arrhythmia, renal failure, FOR FURTHER INFORMATION CONTACT: Colchicine is an alkaloid of the rhabdomyolysis, seizures, peripheral Jennifer Devine, Center for Drug colchicum autumnale plant, also known neuropathy with ascending paralysis, Evaluation and Research (HFD–310), as autumn crocus or meadow saffron. and respiratory distress. If the patient Food and Drug Administration, 5600 Colchicum was initially described in the survives, the third phase is a recovery Fishers Lane, Rockville, MD 20857, 1st century A.D. by Dioscorides in the phase involving leukocytosis and 301–827–8965, e-mail: Materia Medica. Medical use of alopecia. Overall, FDA is aware of 50 [email protected]. reports of adverse events associated 1A ‘‘person’’ includes individuals, partnerships, SUPPLEMENTARY INFORMATION: corporations, or associations (21 U.S.C. 321(e)). with IV colchicine use, including 23

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deaths, through June 2007.2 Three of applicability or interpretation of the Guide’’ (Marketed Unapproved Drugs these deaths occurred in March and Pharmacy Compounding CPG. CPG), the agency is taking action at this April of 2007 and were associated with FDA wants to underscore that there time against unapproved colchicine for the use of compounded IV colchicine. are serious risks associated with IV injection products because, as described Among the commonly reported events colchicine products, because there is a in section III of this notice, colchicine (n=50) that had medical significance limited margin of safety due to both the for injection is a drug with significant were neutropenia, acute renal failure, narrow therapeutic index and serious safety risks. thrombocytopenia, congestive heart toxicity of colchicine. Any dosing errors Manufacturing or shipping failure, and pancytopenia. with the administration of IV colchicine unapproved colchicine for injection Compared to oral administration of could have potentially serious and fatal products can result in enforcement colchicine, there is an increased consequences. action, including seizure, injunction, or likelihood of colchicine toxicity when other judicial or administrative the drug is administered intravenously. V. Legal Status proceeding. Consistent with policies For oral dosing in the treatment of acute A. Colchicine Products for Injection Are described in the Marketed Unapproved gout, the dose is usually titrated by New Drugs Requiring Approved Drugs CPG, the agency does not expect administering the drug over time until Applications to issue a warning letter or any other symptoms resolve or the patient begins further warning to firms marketing Based on the safety considerations to experience side effects, which are unapproved colchicine for injection described previously, colchicine for typically gastrointestinal. This products prior to taking enforcement injection products are not generally emergence of side effects during oral action. The agency also reminds firms recognized as safe and effective under dosing provides a margin of safety that that, as stated in the Marketed section 201(p) of the act (21 U.S.C. often prevents serious and fatal Unapproved Drugs CPG, any 321(p)) for the treatment or prevention overdoses. In the case of IV unapproved drug marketed without a of gout or any other condition. administration, side effects are generally required approved drug application is Therefore, an injectable drug product not experienced until the patient has subject to agency enforcement action at containing colchicine, alone or in already received toxic levels of any time. The issuance of this notice combination with other drugs, is colchicine. Therefore, extreme care does not in any way obligate the agency regarded as a new drug as defined in must be exercised when colchicine is to issue similar notices or any notice in section 201(p) of the act and is subject administered by this route. the future regarding marketed to the requirements of section 505 of the Colchicine is also known to have a unapproved drugs.3 narrow therapeutic index, with a narrow act. As set forth in this notice, approval As described in the Marketed margin of safety between doses that are of an NDA or an abbreviated new drug Unapproved Drugs CPG, the agency therapeutic in the treatment of gout and application under section 505 of the act may, at its discretion, identify a period doses that are toxic. Many of the adverse is required as a condition for of time during which the agency does events associated with colchicine are manufacturing or marketing all not intend to initiate an enforcement dose-related. Overdosing of colchicine, colchicine for injection products. After action against a currently marketed as discussed previously, can result in the dates identified in this notice, FDA unapproved drug solely on the grounds bone marrow suppression, organ failure, intends to take enforcement action as that it lacks an approved application and death. The rate of clearance of described in this notice against any under section 505 of the act. With colchicine tends to decline in persons person who is marketing or shipping respect to unapproved colchicine for with diminished renal or hepatic unapproved colchicine for injection injection products, the agency intends function. This means that the blood products. Any person who submits an to exercise its enforcement discretion level of colchicine in persons with NDA for a colchicine for injection for only a limited period of time for the diminished renal or hepatic function product but has not received approval following reasons: (1) Colchicine for tends to be higher for a longer period of must comply with this notice. injection is a drug with significant time for a given dose compared to Furthermore, this notice does not affect safety risks, (2) colchicine is available in persons with normal renal or hepatic the applicability or interpretation of the an oral dosage form for those patients function. The frequency and severity of Pharmacy Compounding CPG. for whom use of the drug is medically adverse effects, including colchicine This notice does not affect the legal necessary, and (3) colchicine in toxicity, may also be greater in these status of products containing colchicine combination with probenecid as an oral populations. in oral dosage forms, which FDA tablet has FDA approval and is FDA is generally aware of the use of intends to address at a later date. indicated for the treatment of gout. IV colchicine as a treatment for back B. Notice of Enforcement Action Therefore, the agency intends to pain and that compounding pharmacies implement this notice as identified Although not required to do so by the often produce colchicine for injection elsewhere in this document. Administrative Procedure Act, the act, products that are administered FDA intends to take enforcement or any rules issued under its authority, intravenously for back pain treatment. action to enforce section 505(a) of the or for any other legal reason, FDA is FDA has not approved colchicine in any act against any unapproved colchicine providing this notice to persons who are dosage form for the treatment of back for injection product that is not listed in marketing unapproved colchicine for pain. FDA’s policy regarding the full compliance with section 510 of the injection products that the agency practice of pharmacy compounding is act before February 6, 2008, that is intends to take enforcement action articulated in the Agency’s Compliance against such products and those who Policy Guide Sec. 460.200 on Pharmacy 3The agency’s general approach in dealing with market them or cause them to be Compounding (Pharmacy Compounding these products in an orderly manner is spelled out marketed or shipped in interstate in the Marketed Unapproved Drugs CPG. That CPG, CPG). This notice does not affect the commerce. Consistent with the however, provides notice that any product that is being marketed illegally, and the persons 2Data in the current system adverse event priorities identified in the agency’s CPG responsible for causing the illegal marketing of the reporting system (AERS) dates back to when the Sec. 440.100 entitled ‘‘Marketed product, are subject to FDA enforcement action at AES was first implemented in 1969. Unapproved Drugs--Compliance Policy any time.

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manufactured, shipped, or otherwise Similarly, a person who is or becomes DEPARTMENT OF HEALTH AND introduced or delivered for introduction enjoined from marketing unapproved HUMAN SERVICES into interstate commerce by any person drugs may not resume marketing of on or after February 8, 2008, or is not unapproved injectable colchicine Food and Drug Administration currently marketed but is subsequently products based on FDA’s exercise of manufactured, shipped, or otherwise enforcement discretion as set forth in Risk Communication Advisory introduced or delivered for introduction this notice. Committee; Notice of Meeting into interstate commerce by any person Drug manufacturers and distributors AGENCY: Food and Drug Administration, on or after February 8, 2008. should be aware that the agency is HHS. However, for currently marketed and exercising its enforcement discretion as ACTION: Notice. listed unapproved colchicine for described previously only in regard to injection products, the agency intends colchicine for injection products that This notice announces a forthcoming to exercise its enforcement discretion are marketed under an NDC number meeting of a public advisory committee after February 8, 2008, as identified listed with the agency before February of the Food and Drug Administration elsewhere in this document. FDA 6, 2008. As previously stated, (FDA). The meeting will be open to the intends to initiate enforcement action unapproved colchicine for injection public. against any currently marketed and products that are currently marketed Name of Committee: Risk listed colchicine for injection product and not listed with the agency on the Communication Advisory Committee that is manufactured on or after March date of this notice must, as of the General Function of the Committee: 10, 2008, or that is shipped on or after effective date of this notice, have To provide advice and August 6, 20084. Further, FDA intends approved applications prior to their recommendations to the agency on to take enforcement action against any shipment in interstate commerce. effective risk communication. person who manufactures or ships such Moreover, any person or firm that Date and Time: The meeting will be products after the dates set forth submits an NDA but has yet to receive held on February 28, 2008, from 8 a.m. previously. Any person who submits an approval for such products is still to 5 p.m. and February 29, 2008, from NDA for a colchicine for injection responsible for full compliance with 8 a.m. to 4 p.m. product but has not received approval this notice. Location: Washington DC North/ must comply with this notice. Gaithersburg Hilton, 620 Perry Pkwy., The agency, however, does not intend C. Discontinued Products to exercise its enforcement discretion as Gaithersburg, MD 20877, Salons A, B, C, outlined previously if the following Some firms may have previously and D. apply: (1) A manufacturer or distributor discontinued the manufacturing or Contact Person: Lee L. Zwanziger, of an unapproved injectable colchicine distribution of products covered by this Office of the Commissioner, Office of product covered by this notice is notice without removing them from the Planning (HFP–60), Food and Drug violating other provisions of the act, listing of their products under section Administration, 5600 Fishers Lane, including but not limited to, violations 510(j) of the act. Other firms may rm.15–22, Rockville, MD, 20857, 301– related to FDA’s current good discontinue manufacturing or marketing 827–2895, Fax: 301–827–5340, Food manufacturing practices, adverse drug listed products in response to this and Drug Administration, or FDA event reporting, misbranding, or other notice. Firms that wish to notify the Advisory Committee Information Line, violations, or (2) it appears that a firm, agency of product discontinuation 1–800–741–8138 (301–443–0572 in the in response to this notice, increases its should send a letter, signed by the firm’s Washington, DC area), code manufacture or interstate shipment of chief executive officer, fully identifying 8732112560. Please call the Information injectable colchicine drug products the discontinued product(s), including Line for up-to-date information on this above its usual volume during these NDC number(s), and stating that the meeting. A notice in the Federal periods. product(s) has (have) been discontinued Register about last minute modifications Nothing in this notice, including and will not be marketed again without that affect a previously announced FDA’s intent to exercise its enforcement FDA approval. The letter should be sent advisory committee meeting cannot discretion, alters any person’s liability to Jennifer Devine, (see ADDRESSES). always be published quickly enough to or obligations in any other enforcement Firms should also update the listing of provide timely notice. Therefore, you action, or precludes the agency from their products under section 510(j) of should always check the agency’s Web initiating or proceeding with the act to reflect discontinuation of site and call the appropriate advisory enforcement action in connection with unapproved colchicine for injection committee hot line/phone line to learn any other alleged violation of the act, products. FDA plans to rely on its about possible modifications before whether or not related to an unapproved existing records, the results of a coming to the meeting. drug product covered by this notice. subsequent inspection, or other Agenda: On February 28, 2008, the available information when it initiates committee will meet for the first time, 4If FDA finds it necessary to take enforcement enforcement action. for presentations and discussion of the action against a product covered by this notice, the relation of FDA’s risk communication agency may take action relating to all of the This notice is issued under the act defendent’s other violations of the act at the same (sections 502 (21 U.S.C. 352)) and 505 programs and FDA’s responsibilities. On time. For example, if a firm continues to and under authority delegated to the February 29, 2008, the meeting will manufacture or market a product covered by this Deputy Commissioner for Policy under continue with presentations and notice after the applicable enforement date has discussion of FDA’s proposed template passed, to preserve limited agency resources, FDA section 1410.10 of the FDA Staff Manual may take enforcement action relating to all of the Guide. for press releases announcing product recalls with a view to incorporating best firm’s unapproved drugs that require applications at Dated: January 29, 2008. the same time (see e.g. United States v. Sage practices of risk communication. Phamaceuticals, 210 F3d 475, 479-480 (5th Cir. Jeffrey Shuren, FDA intends to make background 2000) (permitting the agency to combine all Assistant Commissioner for Policy. violations of the act in one proceeding, rather than material available to the public no later taking action against multiple violations of the act [FR Doc. 08–564 Filed 2–6–08; 8:45 am] than 2 business days before the meeting. in ‘‘piecemeal fashion’’)). BILLING CODE 4160–01–S If FDA is unable to post the background

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material on its Web site prior to the Dated: February 3, 2008. out and maintains an internal quality meeting, the background material will Randall W. Lutter, assurance system. The system includes be made publicly available at the Deputy Commissioner for Policy. quality assessment studies and quality location of the advisory committee [FR Doc. 08–588 Filed 2–5–08; 3:58 pm] control reviews of OI processes and meeting, and the background material BILLING CODE 4160–01–S products to ensure that policies and will be posted on FDA’s Web site after procedures are followed effectively, and the meeting. Background material is are functioning as intended. available at http://www.fda.gov/ohrms/ DEPARTMENT OF HEALTH AND Section AFJ.10, Office of dockets/ac/acmenu.htm, click on the HUMAN SERVICES Investigations—Organization year 2008 and scroll down to the Office of the Secretary This office is comprised of the appropriate advisory committee link. following components: Procedure: Interested persons may Office of Inspector General A. Immediate Office present data, information, or views, B. Investigations Division 1 orally or in writing, on issues pending Statement of Organization, Functions, C. Investigations Division 2 before the committee. Written and Delegations of Authority Section AFJ.20, Office of submissions may be made to the contact This notice amends Part A (Office of Investigations—Functions person on or before February 20, 2008. the Secretary), chapter AF of the A. Immediate Office of the Deputy Oral presentations from the public will Statement of Organization, Functions, Inspector General for Investigations be scheduled between approximately 1 and Delegations of Authority for the This office is directed by the Deputy p.m. and 2 p.m. on February 28th and Department of Health and Human Inspector General for Investigations 11:15 to 12:15 on February 29th. Those Services (HHS) to reflect title changes (DIGI), who is responsible for the desiring to make formal oral and responsibilities within the Office of functions designated in the law for the presentations should notify the contact Inspector General’s (OIG) Office of position Assistant Inspector General for person and submit a brief statement of Investigations (OI). The statement of Investigations. The DIGI supervises the the general nature of the evidence or organization, functions, and delegations Assistant Inspector General for arguments they wish to present, the of authority conforms to and carries out Investigations Division 1, the Assistant names and addresses of proposed the statutory requirements for operating Inspector General for Investigations participants, and an indication of the OIG. These organizational changes are Division 2, and the Special Advisor who approximate time requested to make primarily to balance investigative heads the offices described below. their presentation on or before February operations and investigative support The DIGI is responsible to the 11, 2008. Time allotted for each functions within OI, more clearly Inspector General for carrying out the presentation may be limited. If the delineate responsibilities for the investigative mission of OIG and for number of registrants requesting to activities within this office, and providing and leading general speak is greater than can be reasonably facilitate the most efficient and effective supervision to the OIG investigative accommodated during the scheduled health care fraud investigations. Chapter component. The Immediate Office open public hearing session, FDA may AF was last amended on December 21, provides broad guidance and instruction 2006 (71 FR 76676). conduct a lottery to determine the to staff and serves as the focal point for As amended, sections AFJ.00, AFJ.10, speakers for the scheduled open public interaction within OIG. The Immediate and AFJ.20 of Chapter AF now read as Office handles all investigative and hearing session. The contact person will follows: notify interested persons regarding their management advisory services for the * * * * * request to speak by February 12, 2008. DIGI, ensuring that the DIGI is briefed on all complex, sensitive, and precedent Persons attending FDA’s advisory Section AFJ.00, Office of Investigations—Mission setting program and administrative committee meetings are advised that the issues that may significantly impact on agency is not responsible for providing The Office of Investigations (OI) is OI management and the investigative access to electrical outlets. responsible for conducting and program nationwide. The Special FDA welcomes the attendance of the coordinating investigative activities Advisor to the DIGI will supervise the related to fraud, waste, abuse, and public at its advisory committee Special Investigations Unit (SIU) mismanagement in HHS programs and meetings and will make every effort to Director and a group of inspectors. The operations, including wrongdoing by SIU will conduct investigations accommodate persons with physical applicants, grantees, and contractors, or disabilities or special needs. If you concerning alleged electronic and by HHS employees in the performance computer-related violations, as well as require special accommodations due to of their official duties. The office serves conduct sensitive and complex a disability, please contact Lee L. as OIG liaison to Department of Justice investigations concerning alleged Zwanziger at least 7 days in advance of on all matters relating to investigations misconduct by OIG and some the meeting. of HHS programs and personnel, and Department employees. Separately, the FDA is committed to the orderly reports to the Attorney General when inspectors who report directly to the conduct of its advisory committee OIG has reasonable grounds to believe Special Advisor will conduct the most meetings. Please visit our Web site at Federal criminal law has been violated. sensitive investigations involving senior http://www.fda.gov/oc/advisory/ The office serves as a liaison to CMS, officials, political appointees, national default.htm for procedures on public State licensing boards, and other outside security issues, and subjects of high conduct during advisory committee organizations and entities with regard to media interest. Additionally, those meetings. exclusion, compliance, and enforcement inspectors will coordinate special activities. OI works with other projects as assigned by the Special Notice of this meeting is given under investigative agencies and organizations Advisor and investigations involving the Federal Advisory Committee Act (5 on special projects and assignments. In Congress and top echelon Executive U.S.C. app. 2). support of its mission, the office carries Branch Officials.

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B. Investigations Division 1 HHS officials, and OIG senior managers with HHS operating divisions, staff This office is directed by an Assistant through liaison activity. It is responsible divisions, OIG counterparts and other Inspector General for Investigations who for providing program and policy investigative and law enforcement supervises a headquarters staff and direction necessary to accomplish all agencies. They prepare investigative and Special Agents in Charge. CMS work requirements, and to direct management implication reports. 1. The headquarters staff assists the other activities in compliance with all Dated: February 1, 2008. Deputy Inspector General for legal requirements, OI policies and Daniel R. Levinson, procedures. Investigations in establishing Inspector General. 8. The regional offices within this investigative priorities, evaluating the Investigations Division conduct [FR Doc. E8–2390 Filed 2–7–08; 8:45 am] progress of investigations, and reporting investigations of allegations of fraud, BILLING CODE 4152–01–P to the Inspector General on the waste, abuse, mismanagement and effectiveness of investigative efforts. It violations of standards of conduct develops and implements investigative within the jurisdiction of OIG in their DEPARTMENT OF HOMELAND techniques, programs, guidelines, and assigned geographic areas. They SECURITY policies. It provides programmatic coordinate investigations and confer expertise and issues information on new Federal Emergency Management with HHS operating divisions, staff programs, regulations and statutes. It Agency divisions, OIG counterparts and other directs and coordinates the regional investigative and law enforcement investigative offices. Agency Information Collection 2. The headquarters staff identifies agencies. They prepare investigative and Activities: Submission for OMB systemic and programmatic management improvement reports. Review; Comment Request vulnerabilities in the Department’s C. Investigations Division 2 AGENCY: Federal Emergency operations and makes recommendations This office is directed by an Assistant Management Agency, DHS. for change to the appropriate managers. Inspector General for Investigations who ACTION: Notice; 30-day notice and 3. This office manages the human and supervises a headquarters staff and request for comments; Collection Type financial resources of OI, including Special Agents in Charge. Extension, without change, of a developing staffing allocation plans and 1. This office plans, develops, currently approved collection, OMB: issuing policy for coordination and implements and evaluates all levels of 1660–0010, Form Number(s): No form monitoring all budget, staffing and employee training for investigators, numbers associated with this collection. recruiting. managers, support staff and other 4. This office coordinates the general personnel. It oversees a law enforcement SUMMARY: The Federal Emergency management processes, and implements techniques and equipment program. Management Agency, as part of its policies and procedures published in 2. The staff provides for the personal continuing effort to reduce paperwork the OI Policies and Procedures Manual protection of the Secretary, and all and respondent burden, invites the and OI Administrative Manual. It also emergency operations preparedness and general public and other Federal coordinates a national inspection response. agencies to take this opportunity to program to ensure compliance with the 3. The office promotes and comment on a proposed continuing Federal Managers Financial Integrity coordinates the adoption of advanced information collection. In accordance Act, the President’s Council on Integrity information technology forensics in the with the Paperwork Reduction Act of and Efficiency, and Attorney General prevention and detection of fraud and 1995, this notice seeks comments guidelines. provides general and specific concerning the information collection 5. This office coordinates with the coordination of programs to retrieve and outlined in 44 CFR part 71, as it pertains other OIG components in developing analyze computer-based forensic to application for National Flood the Work Plan and provides input to the evidence. Insurance Program (NFIP) insurance for Office of Inspector General Semiannual 4. The office operates a toll-free buildings located in Coastal Barrier Report to the Congress. hotline for OIG to permit individuals to Resource System (CBRS) communities. 6. This office develops all derivative call in suspected fraud, waste, or abuse; Title: Implementation of Coastal mandatory and permissive program refers the calls for appropriate action by Barrier Resources Act. exclusions, and ensures enforcement of HHS agencies or other OIG components; OMB Number: 1660–0010. exclusions imposed through liaison and analyzes the body of calls to Abstract: When an application for with CMS, DOJ and other governmental identify trends and patterns of fraud and flood insurance is submitted for and private sector entities. It is abuse needing attention. buildings located in CBRS communities, responsible for developing, improving 5. The office maintains an automated one of the following types of and maintaining a comprehensive and data and management information documentation must be submitted as coordinated OIG database on all OIG system used by all OI managers and evidence of eligibility: (a) Certification exclusion actions, and promptly and investigators. It provides technical from a community official stating the accurately reports all exclusion actions expertise on computer applications for building is not located in a designated within its authority to the database. It investigations and coordinates and CBRS area, (b) A legally valid building informs appropriate regulatory agencies, approves investigative computer permit or certification from a health care providers and the general matches with other agencies. community official stating that the public of all OIG exclusion actions, and 6. The regional offices within this building’s start of construction date is responsible for improving public Investigations Division conduct preceded the date that the community access to information on these exclusion investigations of allegations of fraud, was identified in the system or c) actions to ensure that excluded waste, abuse, mismanagement and Certification from the governmental individuals and entities are effectively violations of standards of conduct body overseeing the area indicating that barred from program participation. within the jurisdiction of OIG in their the building is used in a manner 7. This office provides advisory assigned geographic areas. They consistent with the purpose for which services and assistance to CMS officials, coordinate investigations and confer the area is protected.

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Affected Public: Individuals or SUPPLEMENTARY INFORMATION: Notice is Community Disaster Loans; 97.031, Cora households; businesses or other for hereby given that, in a letter dated Brown Fund; 97.032, Crisis Counseling; profits; not-for-profit institutions; farms; January 30, 2008, the President declared 97.033, Disaster Legal Services; 97.034, Federal Government; and State, local or a major disaster under the authority of Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; tribal governments. the Robert T. Stafford Disaster Relief 97.048, Disaster Housing Assistance to Number of Respondents: 60. and Emergency Assistance Act, 42 Individuals and Households In Presidential Estimated Time per Respondent: 1.5 U.S.C. 5121–5206 (the Stafford Act), as Declared Disaster Areas; 97.049, Presidential hours. follows: Declared Disaster Assistance—Disaster Estimated Total Annual Burden I have determined that the damage in Housing Operations for Individuals and Hours: 90. certain areas of the State of Indiana resulting Households; 97.050, Presidential Declared Frequency of Response: One time. from severe storms and flooding beginning Disaster Assistance to Individuals and Comments: Interested persons are on January 7, 2008, and continuing, is of Households—Other Needs; 97.036, Disaster invited to submit written comments on sufficient severity and magnitude to warrant Grants—Public Assistance (Presidentially a major disaster declaration under the Robert Declared Disasters); 97.039, Hazard the proposed information collection to Mitigation Grant.) the Office of Information and Regulatory T. Stafford Disaster Relief and Emergency Affairs, Office of Management and Assistance Act, 42 U.S.C. 5121–5206 (the R. David Paulison, Stafford Act). Therefore, I declare that such Administrator, Federal Emergency Budget, Attention: Nathan Lesser, Desk a major disaster exists in the State of Indiana. Management Agency. Officer, Department of Homeland In order to provide Federal assistance, you Security/FEMA, and sent via electronic are hereby authorized to allocate from funds [FR Doc. E8–2382 Filed 2–7–08; 8:45 am] mail to [email protected] available for these purposes such amounts as BILLING CODE 9110–10–P or faxed to (202) 395–6974. Comments you find necessary for Federal disaster must be submitted on or before March assistance and administrative expenses. 10, 2008. You are authorized to provide Individual DEPARTMENT OF HOMELAND Assistance in the designated areas, Hazard SECURITY FOR FURTHER INFORMATION CONTACT: Mitigation throughout the State, and any Requests for additional information or other forms of assistance under the Stafford Federal Emergency Management copies of the information collection Act that you deem appropriate. Consistent Agency should be made to Director, Records with the requirement that Federal assistance Management Division, 500 C Street, be supplemental, any Federal funds provided [FEMA–1741–DR] SW., Washington, DC 20472, Mail Drop under the Stafford Act for Hazard Mitigation Room 301, 1800 S. Bell Street, and Other Needs Assistance will be limited Kansas; Major Disaster and Related Arlington, VA 22202, facsimile number to 75 percent of the total eligible costs. If Determinations Public Assistance is later requested and (202) 646–3347, or e-mail address warranted, Federal funds provided under AGENCY: Federal Emergency [email protected]. that program also will be limited to 75 Management Agency, DHS. Dated: January 28, 2008. percent of the total eligible costs, except for ACTION: Notice. John A. Sharetts-Sullivan, any particular projects that are eligible for a higher Federal cost-sharing percentage under SUMMARY: This is a notice of the Director, Records Management Division, the FEMA Public Assistance Pilot Program Presidential declaration of a major Office of Management, Federal Emergency instituted pursuant to 6 U.S.C. 777. Management Agency, Department of disaster for the State of Kansas (FEMA– Further, you are authorized to make 1741–DR), dated February 1, 2008, and Homeland Security. changes to this declaration to the extent [FR Doc. E8–2377 Filed 2–7–08; 8:45 am] allowable under the Stafford Act. related determinations. DATES: Effective Date: February 1, 2008. BILLING CODE 9110–12–P The time period prescribed for the FOR FURTHER INFORMATION CONTACT: implementation of section 310(a), Peggy Miller, Disaster Assistance Priority to Certain Applications for DEPARTMENT OF HOMELAND Directorate, Federal Emergency Public Facility and Public Housing SECURITY Management Agency, 500 C Street, SW., Assistance, 42 U.S.C. 5153, shall be for Washington, DC 20472, (202) 646–2705. a period not to exceed six months after Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is Agency the date of this declaration. The Federal Emergency Management hereby given that, in a letter dated [FEMA–1740–DR] Agency (FEMA) hereby gives notice that February 1, 2008, the President declared pursuant to the authority vested in the a major disaster under the authority of Indiana; Major Disaster and Related Administrator, under Executive Order the Robert T. Stafford Disaster Relief Determinations 12148, as amended, Michael H. Smith, and Emergency Assistance Act, 42 U.S.C. 5121–5206 (the Stafford Act), as AGENCY: Federal Emergency of FEMA is appointed to act as the follows: Management Agency, DHS. Federal Coordinating Officer for this declared disaster. I have determined that the damage in ACTION: Notice. The following areas of the State of certain areas of the State of Kansas resulting SUMMARY: This is a notice of the Indiana have been designated as from severe winter storms during the period Presidential declaration of a major adversely affected by this declared of December 6–19, 2007, is of sufficient major disaster: severity and magnitude to warrant a major disaster for the State of Indiana (FEMA– disaster declaration under the Robert T. 1740–DR), dated January 30, 2008, and Carroll, Cass, Elkhart, Fulton, Jasper, Stafford Disaster Relief and Emergency related determinations. Marshall, Pulaski, Tippecanoe, and White Assistance Act, 42 U.S.C. 5121–5206 (the DATES: Effective Date: January 30, 2008. Counties for Individual Assistance. Stafford Act). Therefore, I declare that such All counties within the State of Indiana are a major disaster exists in the State of Kansas. FOR FURTHER INFORMATION CONTACT: eligible to apply for assistance under the In order to provide Federal assistance, you Peggy Miller, Disaster Assistance Hazard Mitigation Grant Program. are hereby authorized to allocate from funds Directorate, Federal Emergency (The following Catalog of Federal Domestic available for these purposes such amounts as Management Agency, 500 C Street, SW., Assistance Numbers (CFDA) are to be used you find necessary for Federal disaster Washington, DC 20472, (202) 646–2705. for reporting and drawing funds: 97.030, assistance and administrative expenses.

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You are authorized to provide Public Declared Disasters); 97.039, Hazard Dated: January 31, 2008. Assistance in the designated areas, Hazard Mitigation Grant.) Ira S. Reese, Mitigation throughout the State, and any R. David Paulison, Executive Director, Laboratories and other forms of assistance under the Stafford Scientific Services. Act that you deem appropriate. Direct Administrator, Federal Emergency Federal assistance is authorized. Consistent Management Agency. [FR Doc. E8–2318 Filed 2–7–08; 8:45 am] with the requirement that Federal assistance [FR Doc. E8–2383 Filed 2–7–08; 8:45 am] BILLING CODE 9111–14–P be supplemental, any Federal funds provided BILLING CODE 9110–10–P under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total DEPARTMENT OF HOMELAND eligible costs. Federal funds provided under DEPARTMENT OF HOMELAND SECURITY the Stafford Act for Public Assistance also SECURITY will be limited to 75 percent of the total U.S. Customs and Border Protection eligible costs, except for any particular U.S. Customs and Border Protection projects that are eligible for a higher Federal Accreditation and Approval of Camin cost-sharing percentage under the FEMA Accreditation and Approval of Cargo Control, Inc., as a Commercial Public Assistance Pilot Program instituted AMSPEC Services LLC, as a Gauger and Laboratory pursuant to 6 U.S.C. 777. If Other Needs Commercial Gauger and Laboratory Assistance under Section 408 of the Stafford AGENCY: U.S. Customs and Border Act is later requested and warranted, Federal AGENCY: U.S. Customs and Border Protection, Department of Homeland funding under that program also will be Protection, Department of Homeland Security. limited to 75 percent of the total eligible Security. costs. ACTION: Notice of accreditation and Further, you are authorized to make ACTION: Notice of accreditation and approval of Camin Cargo Control, Inc., changes to this declaration to the extent approval of Amspec Services LLC, as a as a commercial gauger and laboratory. allowable under the Stafford Act. commercial gauger and laboratory. SUMMARY: Notice is hereby given that, The Federal Emergency Management SUMMARY: Notice is hereby given that, Agency (FEMA) hereby gives notice that pursuant to 19 CFR 151.12 and 19 CFR pursuant to 19 CFR 151.12 and 19 CFR pursuant to the authority vested in the 151.13, Amspec Services LLC, 12154 B 151.13, Camin Cargo Control, Inc., 31 Administrator, under Executive Order River Road, St. Rose, LA 70087, has Fulton Street—Unit A, New Haven, CT 12148, as amended, Thomas A. Hall, of been approved to gauge and accredited 06513, has been approved to gauge and FEMA is appointed to act as the Federal to test petroleum and petroleum accredited to test petroleum and Coordinating Officer for this declared products, organic chemicals and petroleum products, organic chemicals disaster. vegetable oils for customs purposes, in and vegetable oils for customs purposes, The following areas of the State of accordance with the provisions of 19 in accordance with the provisions of 19 Kansas have been designated as CFR 151.12 and 19 CFR 151.13. Anyone CFR 151.12 and 19 CFR 151.13. Anyone adversely affected by this declared wishing to employ this entity to conduct wishing to employ this entity to conduct major disaster: laboratory analyses and gauger services laboratory analyses and gauger services should request and receive written Atchison, Barber, Barton, Brown, Butler, should request and receive written assurances from the entity that it is assurances from the entity that it is Chase, Cherokee, Clark, Clay, Cloud, accredited or approved by the U.S. Comanche, Crawford, Dickinson, Doniphan, accredited or approved by the U.S. Edwards, Ellis, Ellsworth, Ford, Geary, Customs and Border Protection to Customs and Border Protection to Graham, Harvey, Hodgeman, Jackson, conduct the specific test or gauger conduct the specific test or gauger Jefferson, Jewell, Kingman, Kiowa, Labette, service requested. Alternatively, service requested. Alternatively, Leavenworth, Lincoln, Lyon, Marion, inquires regarding the specific test or inquires regarding the specific test or Marshall, McPherson, Miami, Mitchell, gauger service this entity is accredited gauger service this entity is accredited Morris, Nemaha, Osage, Osborne, Ottawa, or approved to perform may be directed or approved to perform may be directed Pawnee, Phillips, Pottawatomie, Pratt, Reno, to the U.S. Customs and Border Republic, Rice, Riley, Rooks, Rush, Russell, to the U.S. Customs and Border Protection by calling (202) 344–1060. Protection by calling (202) 344–1060. Saline, Sedgwick, Shawnee, Smith, Stafford, The inquiry may also be sent to Wabaunsee, Washington, and Woodson The inquiry may also be sent to Counties for Public Assistance. Direct [email protected]. Please reference the [email protected]. Please reference the Federal assistance is authorized. Web site listed below for a complete Web site listed below for a complete All counties within the State of Kansas are listing of CBP approved gaugers and listing of CBP approved gaugers and eligible to apply for assistance under the accredited laboratories. http://cbp.gov/ accredited laboratories. http://cbp.gov/ Hazard Mitigation Grant Program. _ xp/cgov/import/operations_support/ xp/cgov/import/operations support/ _ _ (The following Catalog of Federal Domestic _ _ labs scientific svcs/ labs scientific svcs/ _ Assistance Numbers (CFDA) are to be used commercial_gaugers/. commercial gaugers/. for reporting and drawing funds: 97.030, DATES: The accreditation and approval DATES: The accreditation and approval Community Disaster Loans; 97.031, Cora of Camin Cargo Control, Inc., as Brown Fund; 97.032, Crisis Counseling; of Amspec Services LLC, as commercial 97.033, Disaster Legal Services; 97.034, gauger and laboratory became effective commercial gauger and laboratory Disaster Unemployment Assistance (DUA); on May 6, 2005. The next triennial became effective on December 14, 2005. 97.046, Fire Management Assistance Grant; inspection date will be scheduled for The next triennial inspection date will 97.048, Disaster Housing Assistance to May 2008. be scheduled for December 2008. Individuals and Households In Presidential FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Declared Disaster Areas; 97.049, Presidential Commercial Gauger Laboratory Program Commercial Gauger Laboratory Program Declared Disaster Assistance—Disaster Housing Operations for Individuals and Manager, Laboratories and Scientific Manager, Laboratories and Scientific Households; 97.050, Presidential Declared Services, U.S. Customs and Border Services, U.S. Customs and Border Disaster Assistance to Individuals and Protection, 1300 Pennsylvania Avenue, Protection, 1300 Pennsylvania Avenue, Households—Other Needs, 97.036, Disaster NW., Suite 1500N, Washington, DC NW., Suite 1500N, Washington, DC Grants—Public Assistance (Presidentially 20229, 202–344–1060. 20229, (202) 344–1060.

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Dated: January 31, 2008. NW., Suite 1500N, Washington, DC Dated: January 31, 2008. Ira S. Reese, 20229, 202–344–1060. Ira S. Reese, Executive Director, Laboratories and Dated: January 31, 2008. Executive Director, Laboratories and Scientific Services. Ira S. Reese, Scientific Services. [FR Doc. E8–2297 Filed 2–7–08; 8:45 am] Executive Director, Laboratories and [FR Doc. E8–2302 Filed 2–7–08; 8:45 am] BILLING CODE 9111–14–P Scientific Services. BILLING CODE 9111–14–P [FR Doc. E8–2319 Filed 2–7–08; 8:45 am] DEPARTMENT OF HOMELAND BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY SECURITY DEPARTMENT OF HOMELAND U.S. Customs and Border Protection U.S. Customs and Border Protection SECURITY Accreditation and Approval of Accreditation and Approval of SGS U.S. Customs and Border Protection Inspectorate America Corporation, as a North America, Inc., as a Commercial Commercial Gauger and Laboratory Accreditation and Approval of Intertek Gauger and Laboratory USA, Inc., as a Commercial Gauger AGENCY: U.S. Customs and Border AGENCY: and Laboratory U.S. Customs and Border Protection, Department of Homeland Protection, Department of Homeland Security. AGENCY: U.S. Customs and Border Security. ACTION: Notice of accreditation and Protection, Department of Homeland ACTION: Notice of accreditation and approval of Inspectorate America Security. approval of SGS North America, Inc., as Corporation, as a commercial gauger ACTION: Notice of accreditation and a commercial gauger and laboratory. and laboratory. approval of Intertek USA, Inc., as a commercial gauger and laboratory. SUMMARY: Notice is hereby given that, SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, SGS North America, Inc., 3735 pursuant to 19 CFR 151.12 and 19 CFR 151.13, Inspectorate America W. Airline Hwy., Reserve, LA 70084, 151.13, Intertek USA, Inc., 230 Crescent Corporation, 12211 Port Road, has been approved to gauge and Ave., Chelsea, MA 02150, has been Operations Blvd., Seabrook, TX 77586, accredited to test petroleum and approved to gauge and accredited to test has been approved to gauge and petroleum products, organic chemicals petroleum and petroleum products, accredited to test petroleum and and vegetable oils for customs purposes, organic chemicals and vegetable oils for petroleum products, organic chemicals in accordance with the provisions of 19 customs purposes, in accordance with and vegetable oils for customs purposes, the provisions of 19 CFR 151.12 and 19 CFR 151.12 and 19 CFR 151.13. Anyone in accordance with the provisions of 19 CFR 151.13. Anyone wishing to employ wishing to employ this entity to conduct CFR 151.12 and 19 CFR 151.13. Anyone this entity to conduct laboratory laboratory analyses and gauger services wishing to employ this entity to conduct analyses and gauger services should should request and receive written laboratory analyses and gauger services request and receive written assurances assurances from the entity that it is should request and receive written from the entity that it is accredited or accredited or approved by the U.S. assurances from the entity that it is approved by the U.S. Customs and Customs and Border Protection to accredited or approved by the U.S. Border Protection to conduct the conduct the specific test or gauger Customs and Border Protection to specific test or gauger service requested. service requested. Alternatively, conduct the specific test or gauger Alternatively, inquires regarding the inquires regarding the specific test or service requested. Alternatively, specific test or gauger service this entity gauger service this entity is accredited inquires regarding the specific test or is accredited or approved to perform or approved to perform may be directed gauger service this entity is accredited may be directed to the U.S. Customs and to the U.S. Customs and Border or approved to perform may be directed Border Protection by calling (202) 344– Protection by calling (202) 344–1060. to the U.S. Customs and Border 1060. The inquiry may also be sent to The inquiry may also be sent to Protection by calling (202) 344–1060. [email protected]. Please reference the [email protected]. Please reference the The inquiry may also be sent to Web site listed below for a complete Web site listed below for a complete [email protected]. Please reference the listing of CBP approved gaugers and listing of CBP approved gaugers and Web site listed below for a complete accredited laboratories. http://cbp.gov/ accredited laboratories. http://cbp.gov/ listing of CBP approved gaugers and _ xp/cgov/import/operations_support/ xp/cgov/import/operations support/ accredited laboratories. _ _ labs_scientific_svcs/ labs scientific svcs/ _ http://cbp.gov/xp/cgov/import/ commercial_gaugers/. commercial gaugers/. operations_support/labs_scientific_svcs/ DATES: The accreditation and approval DATES: The accreditation and approval commercial_gaugers/. of Intertek USA, Inc., as commercial of SGS North America, Inc., as DATES: The accreditation and approval gauger and laboratory became effective commercial gauger and laboratory of Inspectorate America Corporation, as on August 23, 2006. The next triennial became effective on May 5, 2005. The a commercial gauger and laboratory inspection date will be scheduled for next triennial inspection date will be became effective on September 8, 2006. August 2009. scheduled for May 2008. The next triennial inspection date will FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: be scheduled for September 2009. Commercial Gauger Laboratory Program Commercial Gauger Laboratory Program FOR FURTHER INFORMATION CONTACT: Manager, Laboratories and Scientific Manager, Laboratories and Scientific Commercial Gauger Laboratory Program Services, U.S. Customs and Border Services, U.S. Customs and Border Manager, Laboratories and Scientific Protection, 1300 Pennsylvania Avenue, Protection, 1300 Pennsylvania Avenue, Services, U.S. Customs and Border NW., Suite 1500N, Washington, DC NW., Suite 1500N, Washington, DC Protection, 1300 Pennsylvania Avenue, 20229, 202–344–1060. 20229, (202) 344–1060.

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Dated: January 31, 2008. Dated: January 31, 2008. Dated: January 31, 2008. Ira S. Reese, Ira S. Reese, Ira S. Reese, Executive Director, Laboratories and Executive Director, Laboratories and Executive Director, Laboratories and Scientific Services. Scientific Services. Scientific Services. [FR Doc. E8–2299 Filed 2–7–08; 8:45 am] [FR Doc. E8–2300 Filed 2–7–08; 8:45 am] [FR Doc. E8–2303 Filed 2–7–08; 8:45 am] BILLING CODE 9111–14–P BILLING CODE 9111–14–P BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SECURITY U.S. Customs and Border Protection U.S. Customs and Border Protection U.S. Customs and Border Protection Accreditation and Approval of SGS Accreditation and Approval of SGS Accreditation and Approval of SGS North America, Inc., as a Commercial North America, Inc., as a Commercial North America, Inc., as a Commercial Gauger and Laboratory Gauger and Laboratory Gauger and Laboratory

AGENCY: U.S. Customs and Border AGENCY: U.S. Customs and Border AGENCY: U.S. Customs and Border Protection, Department of Homeland Protection, Department of Homeland Protection, Department of Homeland Security. Security. Security. ACTION: Notice of accreditation and ACTION: Notice of accreditation and ACTION: Notice of accreditation and approval of SGS North America, Inc., as approval of SGS North America, Inc., as approval of SGS North America, Inc., as a commercial gauger and laboratory. a commercial gauger and laboratory. a commercial gauger and laboratory.

SUMMARY: Notice is hereby given that, SUMMARY: Notice is hereby given that, SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR pursuant to 19 CFR 151.12 and 19 CFR pursuant to 19 CFR 151.12 and 19 CFR 151.13, SGS North America, Inc., 1448 151.13, SGS North America, Inc., 11729 151.13, SGS North America, Inc., 300 Texas Ave., Texas City, TX 77590, has Port Road, Seabrook, TX 77586, has George Street, East Alton, IL 62024, has been approved to gauge and accredited been approved to gauge and accredited been approved to gauge and accredited to test petroleum and petroleum to test petroleum and petroleum to test petroleum and petroleum products, organic chemicals and products, organic chemicals and products, organic chemicals and vegetable oils for customs purposes, in vegetable oils for customs purposes, in vegetable oils for customs purposes, in accordance with the provisions of 19 accordance with the provisions of 19 accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone CFR 151.12 and 19 CFR 151.13. Anyone CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct wishing to employ this entity to conduct wishing to employ this entity to conduct laboratory analyses and gauger services laboratory analyses and gauger services laboratory analyses and gauger services should request and receive written should request and receive written should request and receive written assurances from the entity that it is assurances from the entity that it is assurances from the entity that it is accredited or approved by the U.S. accredited or approved by the U.S. accredited or approved by the U.S. Customs and Border Protection to Customs and Border Protection to Customs and Border Protection to conduct the specific test or gauger conduct the specific test or gauger conduct the specific test or gauger service requested. Alternatively, service requested. Alternatively, service requested. Alternatively, inquires regarding the specific test or inquires regarding the specific test or inquires regarding the specific test or gauger service this entity is accredited gauger service this entity is accredited gauger service this entity is accredited or approved to perform may be directed or approved to perform may be directed or approved to perform may be directed to the U.S. Customs and Border to the U.S. Customs and Border to the U.S. Customs and Border Protection by calling (202) 344–1060. Protection by calling (202) 344–1060. Protection by calling (202) 344–1060. The inquiry may also be sent to The inquiry may also be sent to The inquiry may also be sent to [email protected]. Please reference the [email protected]. Please reference the [email protected]. Please reference the Web site listed below for a complete Web site listed below for a complete Web site listed below for a complete listing of CBP approved gaugers and listing of CBP approved gaugers and listing of CBP approved gaugers and accredited laboratories. http://cbp.gov/ accredited laboratories. http://cbp.gov/ accredited laboratories. xp/cgov/import/operations_support/ xp/cgov/import/operations_support/ http://cbp.gov/xp/cgov/import/ labs_scientific_svcs/ labs_scientific_svcs/ operations_support/labs_scientific_svcs/ commercial_gaugers/. commercial_gaugers/. commercial_gaugers/. DATES: The accreditation and approval DATES: The accreditation and approval DATES: The accreditation and approval of SGS North America, Inc., as of SGS North America, Inc., as of SGS North America, Inc., as commercial gauger and laboratory commercial gauger and laboratory commercial gauger and laboratory became effective on September 26, 2006. became effective on September 26, 2006. became effective on June 13, 2006. The The next triennial inspection date will The next triennial inspection date will next triennial inspection date will be be scheduled for September 2009. be scheduled for September 2009. scheduled for June 2009. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Commercial Gauger Laboratory Program Commercial Gauger Laboratory Program Commercial Gauger Laboratory Program Manager, Laboratories and Scientific Manager, Laboratories and Scientific Manager, Laboratories and Scientific Services, U.S. Customs and Border Services, U.S. Customs and Border Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, Protection, 1300 Pennsylvania Avenue, Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC NW., Suite 1500N, Washington, DC NW., Suite 1500N, Washington, DC 20229, (202) 344–1060. 20229, 202–344–1060. 20229, 202–344–1060.

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Dated: January 31, 2008. Dated: January 31, 2008. DEPARTMENT OF HOUSING AND Ira S. Reese, Ira S. Reese, URBAN DEVELOPMENT Executive Director, Laboratories and Executive Director, Laboratories and [Docket No. FR–5187–N–03] Scientific Services. Scientific Services. [FR Doc. E8–2317 Filed 2–7–08; 8:45 am] [FR Doc. E8–2320 Filed 2–7–08; 8:45 am] Tribal Colleges and Universities BILLING CODE 9111–14–P BILLING CODE 9111–14–P Program AGENCY: Office of the Chief Information DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND Officer, HUD. SECURITY SECURITY ACTION: Notice. U.S. Customs and Border Protection U.S. Customs and Border Protection SUMMARY: The proposed information collection requirement described below Accreditation and Approval of SGS Approval of SGS North America, Inc., has been submitted to the Office of North America, Inc., as a Commercial as a Commercial Gauger Management and Budget (OMB) for Gauger and Laboratory review, as required by the Paperwork AGENCY: U.S. Customs and Border Reduction Act. The Department is AGENCY: U.S. Customs and Border Protection, Department of Homeland soliciting public comments on the Protection, Department of Homeland Security. subject proposal. Security. ACTION: Notice of approval of SGS North Grants to assist Tribal Colleges and ACTION: Notice of accreditation and America, Inc., as a commercial gauger. Universities (TCU) to build, expand, approval of SGS North America, Inc., as renovate, and equip their own facilities, a commercial gauger and laboratory. SUMMARY: Notice is hereby given that, and to expand the role of the TCUs into pursuant to 19 CFR 151.13, SGS North the community through the provision of SUMMARY: Notice is hereby given that, America, Inc., 6624 Langley Dr., Baton needed services such as health pursuant to 19 CFR 151.12 and 19 CFR Rouge, LA 70809, has been approved to programs, job training, and economic 151.13, SGS North America, Inc., 324 gauge petroleum, petroleum products, development activities. Marginal Street, Chelsea, MA 02150, has organic chemicals and vegetable oils for DATES: Comments Due Date: March 10, been approved to gauge and accredited customs purposes, in accordance with 2008. to test petroleum and petroleum the provisions of 19 CFR 151.13. ADDRESSES: Interested persons are products, organic chemicals and Anyone wishing to employ this entity to invited to submit comments regarding vegetable oils for customs purposes, in conduct gauger services should request this proposal. Comments should refer to accordance with the provisions of 19 and receive written assurances from the the proposal by name and/or OMB CFR 151.12 and 19 CFR 151.13. Anyone entity that it is approved by the U.S. approval Number (2528–0215) and wishing to employ this entity to conduct Customs and Border Protection to should be sent to: HUD Desk Officer, laboratory analyses and gauger services conduct the specific gauger service Office of Management and Budget, New should request and receive written requested. Alternatively, inquires Executive Office Building, Washington, assurances from the entity that it is regarding the specific gauger service this DC 20503; fax: 202–395–6974. accredited or approved by the U.S. entity is approved to perform may be FOR FURTHER INFORMATION CONTACT: Customs and Border Protection to directed to the U.S. Customs and Border Lillian Deitzer, Reports Management conduct the specific test or gauger Protection by calling (202) 344–1060. service requested. Alternatively, Officer, QDAM, Department of Housing The inquiry may also be sent to and Urban Development, 451 Seventh inquires regarding the specific test or [email protected]. Please reference the gauger service this entity is accredited Street, SW., Washington, DC 20410; Web site listed below for a complete e-mail Lillian Deitzer at or approved to perform may be directed listing of CBP approved gaugers and _ _ to the U.S. Customs and Border Lillian L [email protected] or accredited laboratories. http://cbp.gov/ telephone (202) 402–8048. This is not a Protection by calling (202) 344–1060. _ xp/cgov/import/operations support/ toll-free number. Copies of available The inquiry may also be sent to _ _ labs scientific svcs/ documents submitted to OMB may be [email protected]. Please reference the commercial_gaugers/. Web site listed below for a complete obtained from Ms. Deitzer. listing of CBP approved gaugers and DATES: The approval of SGS North SUPPLEMENTARY INFORMATION: This accredited laboratories. America, Inc., as commercial gauger notice informs the public that the http://cbp.gov/xp/cgov/import/ became effective on May 2, 2005. The Department of Housing and Urban operations_support/labs_scientific_svcs/ next triennial inspection date will be Development has submitted to OMB a commercial_gaugers/. scheduled for May 2008. request for approval of the information FOR FURTHER INFORMATION CONTACT: collection described below. This notice DATES: The accreditation and approval is soliciting comments from members of of SGS North America, Inc., as a Commercial Gauger Laboratory Program Manager, Laboratories and Scientific the public and affecting agencies commercial gauger and laboratory concerning the proposed collection of became effective on August 24, 2006. Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, information to: (1) Evaluate whether the The next triennial inspection date will proposed collection of information is be scheduled for August 2009. NW., Suite 1500N, Washington, DC 20229, 202–344–1060. necessary for the proper performance of FOR FURTHER INFORMATION CONTACT: the functions of the agency, including Commercial Gauger Laboratory Program Dated: January 31, 2008. whether the information will have Manager, Laboratories and Scientific Ira S. Reese, practical utility; (2) Evaluate the Services, U.S. Customs and Border Executive Director, Laboratories and accuracy of the agency’s estimate of the Protection, 1300 Pennsylvania Avenue, Scientific Services. burden of the proposed collection of NW., Suite 1500N, Washington, DC [FR Doc. E8–2301 Filed 2–7–08; 8:45 am] information; (3) Enhance the quality, 20229, 202–344–1060. BILLING CODE 9111–14–P utility, and clarity of the information to

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be collected; and (4) Minimize the Title of Proposal: Tribal Colleges and Grants to assist Tribal Collection and burden of the collection of information Universities Program. Universities (TCU) to build, expand, on those who are to respond; including OMB Approval Number: 2528–0215. renovate, and equip their own facilities, through the use of appropriate Form Numbers: SF–424, SF–424– and to expand the role of the TCUs into automated collection techniques or Supplement, HUD–424–CB, SFLL, the community through the provision of other forms of information technology, HUD–27300, HUD–2880, HUD–2990, needed services such as health e.g., permitting electronic submission of HUD–2993, HUD–2944–A, HUD–96010, programs, job training, and economic responses. HUD–96011. development activities. This notice also lists the following Description of the Need for the Frequency of Submission: On information: Information and Its Proposed Use: occasion, quarterly, annually.

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

Reporting Burden ...... 24 3.70 19.2 1710

Total Estimated Burden Hours: 1710. not a toll-free number) or e-mail Ms. 990, which was developed through Status: Extension of a currently Deitzer at [email protected] negotiated rulemaking. Part 990 approved collection. for a copy of the proposed form and provides a new formula for distributing Authority: Section 3507 of the Paperwork other available information. operating subsidy to public housing Reduction Act of 1995, 44 U.S.C. 35, as FOR FURTHER INFORMATION CONTACT: agencies (PHAs) and establishes amended. Mary Schulhof, Office of Policy, requirements for PHAs to convert to Dated: February 1, 2008. Programs and Legislative Initiatives, asset management. PIH, Department of Housing and Urban Subpart H of the part 990 regulations Lillian L. Deitzer, (§§ 990.255 to 990.290) establishes the Departmental Paperwork Reduction Act Development, 451 Seventh Street, SW., Washington, DC 20410; telephone: 202– requirements regarding asset Officer, Office of the Chief Information management. Under § 990.260(a), PHAs Officer. 708–0713, (this is not a toll-free number). that own and operate 250 or more [FR Doc. E8–2288 Filed 2–7–08; 8:45 am] dwelling rental units must operate using BILLING CODE 4210–67–P SUPPLEMENTARY INFORMATION: The an asset management model consistent Department will submit the proposed with the subpart H regulations. information collection to OMB for However, for the current fiscal year, that DEPARTMENT OF HOUSING AND review, as required by the Paperwork regulation is superseded by section 225 URBAN DEVELOPMENT Reduction Act of 1995 (44 U.S.C. of Title II of Division K of the [Docket No. FR–5194–N–02] Chapter 35, as amended). This Notice is Consolidated Appropriations Act, 2008, soliciting comments from members of Public Law 110–161 (approved Notice of Proposed Information the public and affected agencies December 26, 2007). Under that law, Collection: Comment Request concerning the proposed collection of PHAs that own or operate 400 or fewer Management Review for Public information to: (1) Evaluate whether the units may elect to transition to asset Housing Projects proposed collection of information is management, but they are not required necessary for the proper performance of AGENCY: Office of the Assistant to do so. the functions of the agency, including To support the transition to asset Secretary for Public and Indian whether the information will have Housing, HUD. management and align HUD oversight practical utility; (2) evaluate the with asset management, a new ACTION: Notice of proposed information accuracy of the agency’s estimate of the management review format is required collection. burden of the proposed collection of to review PHAs on a project level, rather information; (3) enhance the quality, SUMMARY: The proposed information than PHA-wide. The forms are modeled collection requirement described below utility, and clarity of the information to after the asset management model will be submitted to the Office of be collected; and (4) minimize the consistent with the management norms Management and Budget (OMB) for burden of the collection of information in the broader multifamily industry. review, as required by the Paperwork on those who are to respond, including Agency form numbers: Forms HUD– Reduction Act. The Department is through the use of appropriate 5834, HUD–5834–A, and HUD–5834–B. soliciting public comments on the automated collection techniques or Members of affected public: Public subject proposal. other forms of information technology, housing agencies. e.g., permitting electronic submission of Estimation of the total number of DATES: Comments Due Date: April 8, responses. hours needed to prepare the information 2008. This Notice also lists the following collection including number of ADDRESSES: Interested persons are information: respondents: For form HUD–5834, invited to submit comments regarding Title of Proposal: Management Management Review of Public Housing this proposal. Comments should refer to Review of Public Housing Projects. Projects, there are 3,282 respondents the proposal by name or OMB Control OMB Control Number: 2577— annually with one response per Number and should be sent to: Lillian Pending. respondent. Average time per response L. Deitzer, Department Reports Description of the need for the is .95 hours and the total burden hours Management Officer, ODAM, information and proposed use: On are 3,118 hours. For form HUD–5834–A, Department of Housing and Urban September 19, 2005 (70 FR 54983), HUD Tenant File Review, there are 821 Development, 451 7th Street, SW., published a final rule amending the respondents annually with one response Room 4116, Washington, DC 20410– regulations of the Public Housing per respondent. Average time per 5000; telephone: 202–708–2374, (this is Operating Fund Program at 24 CFR part response is .50 hours and the total

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burden hours are 410.50 hours. For form Urban Development, 451 7th Street, certification in accordance with Section HUD–5834–B, Upfront Income SW., Room 4178, Washington, DC 810(f) of the federal Fair Housing Act Verification Review, there are 821 20410, telephone (202) 402–8048 (this is (the FHA) submit a request to the respondents annually with one response not a toll-free number) for copies of the Assistant Secretary for Fair Housing and per respondent. Average time per proposed forms and other available Equal Opportunity. The request must be response is .50 hours and the total information. supported by the text of the burden hours are 410.50 hours. FOR FURTHER INFORMATION CONTACT: jurisdiction’s fair housing law, the law Status of the proposed information Kenneth J. Carroll, Director, Fair creating and empowering the agency, all collection: New collection. Housing Assistance Program, Office of laws referenced in the jurisdiction’s fair Authority: Section 3506 of the Paperwork Fair Housing and Equal Opportunity, housing law, any regulations and Reduction Act of 1995, 44 U.S.C. Chapter 35, Department of Housing and Urban directives issued under the law, and any as amended. Development, 451 7th Street, SW., formal opinions of the State Attorney Dated: January 30, 2008. Room 5222, Washington, DC 20410, General or the chief legal officer of the Bessy Kong, telephone (202) 402–7044. (This is not jurisdiction that pertain to the Deputy Assistant Secretary For Policy, a toll-free number). Hearing or speech- jurisdiction’s fair housing law. A Programs and Legislative Initiatives. impaired individuals may access this request shall also include organizational number TTY by calling the toll-free [FR Doc. E8–2289 Filed 2–7–08; 8:45 am] information of the agency responsible Federal Information Relay Service at 1– BILLING CODE 4210–67–P for administering and enforcing the law. 800–877–8399. SUPPLEMENTARY INFORMATION: The B. Information Related to Agency DEPARTMENT OF HOUSING AND Department is submitting the proposed Performance URBAN DEVELOPMENT information collection to OMB for review, as required by the Paperwork Once agencies are participating in the [Docket No. 5189–N–01] Reduction Act of 1995 (44 U.S.C. FHAP, HUD collects sufficient information to monitor agency Notice of Proposed Information Chapter 34, as amended). This Notice is soliciting comments performance in accordance with 24 CFR Collection Comment Request; from members of the public and affected Certification and Funding of State and 115.206, which sets forth the agencies concerning the proposed Local Fair Housing Enforcement performance standards for agencies collection of information to: (1) Enhance Agencies participating in the FHAP. These the certification and funding of State standards are meant to ensure that the AGENCY: Office of the Assistant and local fair housing enforcement state or local law, both ‘‘on its face’’ and Secretary for Fair Housing and Equal agencies, (2) Enhance the quality, ‘‘in operation,’’ provides substantive Opportunity, HUD. utility, and clarity of the information to rights, procedures, remedies, and ACTION: Notice. be collected; and (3) Minimize the judicial review procedures for alleged burden of the collection of information discriminatory housing practices that SUMMARY: The proposed information on those who respond; including the are substantially equivalent to those collection requirement concerning the use of appropriate automated collection certification and funding of State and techniques or other forms of information provided in the FHA. In addition, HUD local fair housing enforcement agencies technology, e.g., permitting electronic collects sufficient information to will be submitted to the Office of submission of responses. monitor agency compliance with 24 Management and Budget (OMB) for CFR 115.307 and 24 CFR 115.308, review, as required by the Paperwork Notice of Submission of Proposed which set forth requirements for FHAP Reduction Act. The Department is Information Collection to OMB participation and reporting and record soliciting public comments on the Title of Proposal: Certification and keeping requirements including, but not subject proposal. Funding of State and Local Fair Housing limited to, the requirement that FHAP DATES: Comments Due Date: April 8, Enforcement Agencies. agencies use HUD’s official complaint 2008. Office: Fair Housing and Equal data information system, and input Opportunity. ADDRESSES: Interested persons are complaint processing information into OMB Control Number: 2529–0005. that system in a timely manner. invited to submit comments regarding Description of the need for the this proposal. Comments should refer to information and proposed use: Frequency of Submission: The the proposal by name and/or OMB Department estimates that requests for Control Number and should be sent to: A. Request for Substantial Equivalence substantial equivalence will have the Lillian L. Deitzer, Reports Management State and local fair housing following reporting burdens: Officer, Department of Housing and enforcement agencies that are seeking

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

Reporting Burden ...... 40 4 10 1,600

The Department estimates that performance will have the following reporting information related to agency reporting burdens:

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

Reporting Burden ...... 106 33 20 69,960

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Total Estimated Burden Hours: soliciting comments from members of Authority: Section 3506 of the Paperwork 71,560. the public and affected agencies Reduction Act of 1995, 44 U.S.C. Chapter 35, Status: Extension of currently concerning the proposed collection of as amended. approved collection. information to: (1) Evaluate whether the Dated: February 1, 2008. Authority: The Paperwork Reduction Act proposed collection of information is Bessy Kong, of 1995, 44 U.S.C. Chapter 35, as amended. necessary for the proper performance of Deputy Assistant Secretary for Policy, the functions of the agency, including Dated: February 5, 2008. Programs and Legislative Initiatives. whether the information will have Lynn M. Grosso, [FR Doc. E8–2387 Filed 2–7–08; 8:45 am] practical utility; (2) evaluate the BILLING CODE 4210–67–P Director, Office of Enforcement, Office of Fair accuracy of the agency’s estimate of the Housing and Equal Opportunity. burden of the proposed collection of [FR Doc. E8–2386 Filed 2–7–08; 8:45 am] information; (3) enhance the quality, DEPARTMENT OF HOUSING AND BILLING CODE 4210–67–P utility, and clarity of the information to URBAN DEVELOPMENT be collected; and (4) minimize the burden of the collection of information [Docket No. FR–5194–N–03] DEPARTMENT OF HOUSING AND on those who are to respond, including URBAN DEVELOPMENT Notice of Submission of Proposed through the use of appropriate Information Collection: Section 5(h) [Docket No. FR–5194–N–04] automated collection techniques or Homeownership Program for Public other forms of information technology, Housing: Submission of Plan and Notice of Proposed Information e.g., permitting electronic submission of Reporting Collection: Comment Request; Indian responses. Housing Block Grant Survey This Notice also lists the following AGENCY: Office of Public and Indian Housing, HUD. AGENCY: Office of Public and Indian information: Housing; Office of Native American Title of Proposal: Evaluation of the ACTION: Notice. Programs, HUD. Indian Housing Block Grant. SUMMARY: The proposed information ACTION: Notice of proposed information OMB Control Number: 2577— collection requirement described below collection. Pending. will be submitted to the Office of Description of the need for the Management and Budget (OMB) for SUMMARY: The proposed information information and proposed use: The collection requirement described below review, as required by the Paperwork Department is conducting, under Reduction Act. The Department is will be submitted to the Office of contract to ACKCO Inc. and its Management and Budget (OMB) for soliciting public comments on the subcontractor, Abt Associates Inc., an subject proposal. review, as required by the Paperwork evaluation of the Indian Housing Block Reduction Act. The Department is DATES: Comments Due Date: April 8, Grant (IHBG). This evaluation will 2008. soliciting public comments on the provide HUD with information it needs subject proposal. to help determine the performance of ADDRESSES: Interested persons are DATES: Comments Due Date: April 8, the IHBG program for policy and invited to submit comments regarding 2008. program purposes. It will also provide this proposal. Comments should refer to ADDRESSES: Interested persons are information that HUD can submit to the the proposal by name and/or OMB invited to submit comments regarding Office of Management and Budget approval Number (2577–0201) and this proposal. Comments should refer to (OMB) as part of the Performance should be sent to: Lillian Deitzer, the proposal by name/or OMB Control Assessment Rating Tool (PART) Departmental Reports Management number and should be sent to: Lillian L. progress. Key issues to be addressed Officer, QDAM, Department of Housing Deitzer, Department Reports through the data collection are: Housing and Urban Development, 451 Seventh Management Officer, ODAM, conditions for IHBG beneficiaries, rent Street, SW., Washington, DC 20410; Department of Housing and Urban burden, and whether overcrowding has e-mail Lillian Deitzer at _ _ Development, 451 7th Street, SW., been reduced. Lillian L [email protected] or Room 4116, Washington, DC 20410– Agency form numbers: telephone (202) 708–2374. This is not a toll-free number. Copies of available 5000; telephone: 202–708–2374, (this is Members of affected public: Residents documents may be obtained from Ms. not a toll-free number) or e-mail Ms. sampled in 30 Native American Deitzer Deitzer at [email protected] communities that are selected for the for a copy of the proposed form and study. FOR FURTHER INFORMATION CONTACT: other available information. Estimation of the total number of Mary Schulhof, Office of Policy, FOR FURTHER INFORMATION CONTACT: hours needed to prepare the information Progams and Legislative Initiatives (PIH, Mary Schulhof, Office of Policy, collection including number of Department of Housing and Urban Programs and Legislative Initiatives, respondents: The researchers will Development, 451 Seventh Street, SW., PIH, Department of Housing and Urban administer a one-time questionnaire to Washington, DC 20410; telephone 202– Development, 451 Seventh Street, SW., 650 residents. The interviews are 708–0713, (this is not a toll-free Washington, DC 20410; telephone: 202– expected to last ten minutes for a number). 708–0713, (this is not a toll-free burden time of 108 hours. An additional SUPPLEMENTARY INFORMATION: The number). 100 hours has been included in the Department will submit the proposed SUPPLEMENTARY INFORMATION: The event additional information or follow- information collection to OMB for Department will submit the proposed up information is required. The total review, as required by the Paperwork information collection to OMB for burden hour estimate is 208 hours. Reduction Act of 1995 (44 U.S.C. review, as required by the Paperwork Status of the proposed information Chapter 35, as amended). This Notice is Reduction Act of 1995 (44 U.S.C. collection: New collection, pending soliciting comments from members of Chapter 35, as amended). This Notice is OMB approval. the public and affected agencies

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concerning the proposed collection of OMB Control Number: 2577–0201. requirements are as follows: 24 CFR information to: (1) Evaluate whether the Description of the need for the 906.17, which requires PHAs to proposed collection of information is information and proposed use: 24 CFR maintain records (including sales and necessary for the proper performance of Part 906—Section 5(h) Homeownership financial records) for all activities the functions of the agency, including Program is authorized by Sections 5(h) incident to implementation of the HUD- whether the information will have and 6(c)(4)(D) of the U.S. Housing Act approved homeownership plan. practical utility; (2) evaluate the of 1937 (Act). This program was Applicable portions of the regulations accuracy of the agency’s estimate of the replaced by Section 32 of the Act are attached. burden of the proposed collection of through enactment of the Quality For HUD-approved homeownership information; (3) enhance the quality, Housing and Work Responsibility Act of plans, PHAs will maintain records utility, and clarity of the information to 1998. The data collection is only for which may be subject to audit by HUD be collected; and (4) minimize the gathering information for the ongoing and the Government Accounting Office burden of the collection of information implementation of programs approved (GAO). on those who are to respond, including under the former 5(h) authority. Public Agency form number: None. through the use of appropriate Housing Agencies (PHAs) are required automated collection techniques or to submit to HUD the dates on which Members of affected public: Public other forms of information technology, each public housing unit number/ Housing Agencies currently e.g., permitting electronic submission of address approved under Section 5(h) is implementing an approved Section 5(h) responses. sold. The information is currently Homeownership Plan. This Notice also lists the following collected electronically in the Public Estimation of the total number of information: and Indian Housing Information Center hours needed to prepare the information Title of Proposal: Section 5(h) (PIC). The sections in the regulation that collection including number of Homeownership: Data Collection. impose information collection respondents:

Estimated Estimated annual Reference Number of Frequency of average Total annual burden respondents response response time burden

219 ...... 24 CFR 906.17 ...... 73 10 .3 219

Status of the proposed information FOR FURTHER INFORMATION CONTACT: and each agency has transmitted to collection: Extension of currently Kathy Ezzell, Department of Housing HUD: (1) Its intention to make the approved collection. and Urban Development, 451 Seventh property available for use to assist the The information is currently collected Street, SW., Room 7266, Washington, homeless, (2) its intention to declare the electronically in the Public and Indian DC 20410; telephone (202) 708–1234; property excess to the agency’s needs, or Housing Information Center (PIC). TTY number for the hearing- and (3) a statement of the reasons that the Statutory mandates and Federal speech-impaired (202) 708–2565 (these property cannot be declared excess or program requirements would not be met telephone numbers are not toll-free), or made available for use as facilities to if the collection is not conducted, or is call the toll-free Title V information line assist the homeless. conducted less frequently. at 800–927–7588. Properties listed as suitable/available Authority: Section 3506 of the Paperwork SUPPLEMENTARY INFORMATION: In will be available exclusively for Reduction Act of 1995, 44 U.S.C. Chapter 35, accordance with 24 CFR part 581 and homeless use for a period of 60 days as amended. section 501 of the Stewart B. McKinney from the date of this Notice. Where Dated: February 1, 2008. Homeless Assistance Act (42 U.S.C. property is described as for ‘‘off-site use only’’ recipients of the property will be Bessy Kong, 11411), as amended, HUD is publishing this Notice to identify Federal buildings required to relocate the building to their Deputy Assistant Secretary for Policy, own site at their own expense. Program, and Legislative Initiatives. and other real property that HUD has reviewed for suitability for use to assist Homeless assistance providers [FR Doc. E8–2388 Filed 2–7–08; 8:45 am] the homeless. The properties were interested in any such property should BILLING CODE 4210–67–P reviewed using information provided to send a written expression of interest to HUD by Federal landholding agencies HHS, addressed to John Hicks, Division DEPARTMENT OF HOUSING AND regarding unutilized and underutilized of Property Management, Program URBAN DEVELOPMENT buildings and real property controlled Support Center, HHS, room 5B–17, 5600 by such agencies or by GSA regarding Fishers Lane, Rockville, MD 20857; [Docket No. FR–5186–N–06] its inventory of excess or surplus (301) 443–2265. (This is not a toll-free Federal property. This Notice is also number.) HHS will mail to the Federal Property Suitable as Facilities published in order to comply with the interested provider an application to Assist the Homeless December 12, 1988 Court Order in packet, which will include instructions AGENCY: Office of the Assistant National Coalition for the Homeless v. for completing the application. In order Secretary for Community Planning and Veterans Administration, No. 88–2503– to maximize the opportunity to utilize a Development, HUD. OG (D.D.C.). suitable property, providers should ACTION: Notice. Properties reviewed are listed in this submit their written expressions of Notice according to the following interest as soon as possible. For SUMMARY: This Notice identifies categories: Suitable/available, suitable/ complete details concerning the unutilized, underutilized, excess, and unavailable, suitable/to be excess, and processing of applications, the reader is surplus Federal property reviewed by unsuitable. The properties listed in the encouraged to refer to the interim rule HUD for suitability for possible use to three suitable categories have been governing this program, 24 CFR part assist the homeless. reviewed by the landholding agencies, 581.

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For properties listed as suitable/to be Washington, DC 20374–5065; (202) 685– Fort Hood excess, that property may, if 9305; (These are not toll-free numbers). Bell, TX 76544 Landholding Agency: Army subsequently accepted as excess by Dated: January 31 2008. Property Number: 21200810051 GSA, be made available for use by the Mark R. Johnston, homeless in accordance with applicable Status: Unutilized Deputy Assistant Secretary for Special Needs. law, subject to screening for other Directions: 00711, 00712, 02219, 02612, Federal use. At the appropriate time, Title V, Federal Surplus Property Program 05780 Federal Register Report for 02/08/2008 Comments: Various sq. ft., presence of HUD will publish the property in a asbestos, most recent use—storage, off-site Notice showing it as either suitable/ Suitable/Available Properties use only available or suitable/unavailable. For properties listed as suitable/ Building Bldg. 00713 Fort Hood unavailable, the landholding agency has Georgia Bell, TX 76544 decided that the property cannot be Bldg. 0297 Landholding Agency: Army declared excess or made available for Ft. Benning Property Number: 21200810052 use to assist the homeless, and the Chattahoochie, GA 31905 Status: Unutilized property will not be available. Landholding Agency: Army Comments: 3200 sq. ft., presence of asbestos, Property Number: 21200810045 Properties listed as unsuitable will most recent use—hdqts. bldg., off-site use Status: Excess not be made available for any other only purpose for 20 days from the date of this Comments: 4839 sq. ft., most recent use— riding stable, off-site use only Bldgs. 1938, 04229 Notice. Homeless assistance providers Fort Hood interested in a review by HUD of the Bldg. 3819 Ft. Benning Bell, TX 76544 determination of unsuitability should Chattahoochie, GA 31905 Landholding Agency: Army call the toll free information line at 1– Landholding Agency: Army Property Number: 21200810053 800–927–7588 for detailed instructions Property Number: 21200810046 Status: Unutilized or write a letter to Mark Johnston at the Status: Excess Comments: 2736/9000 sq. ft., presence of address listed at the beginning of this Comments: 4241 sq. ft., most recent use— asbestos, most recent use—admin., off-site Notice. Included in the request for training, off-site use only use only review should be the property address Bldg. 10802 Suitable/Available Properties (including zip code), the date of Ft. Benning publication in the Federal Register, the Chattahoochie GA 31905 Building Landholding Agency: Army landholding agency, and the property Texas Property Number: 21200810047 number. Bldgs. 02218, 02220 For more information regarding Status: Excess Comments: 3182 sq. ft., most recent use— Fort Hood particular properties identified in this storage, off-site use only Bell, TX 76544 Notice (i.e., acreage, floor plan, existing Landholding Agency: Army sanitary facilities, exact street address), Suitable/Available Properties Property Number: 21200810054 providers should contact the Building Status: Unutilized appropriate landholding agencies at the Comments: 7289/1456 sq. ft., presence of Texas following addresses: Army: Ms. asbestos, most recent use—museum, off- Veronica Rines, Headquarters, 4 Bldgs. site use only Fort Hood Department of the Army, Office of the Bldg. 0350 Bell, TX 76544 Assistant Chief of Staff for Installation Fort Hood Landholding Agency: Army Bell, TX 76544 Management, Attn: DAIM–ZS, Rm 8536, Property Number: 21200810048 2511 Jefferson Davis Hwy., Arlington, Status: Unutilized Landholding Agency: Army VA 22202; (703) 601–2545; Coast Directions: 00229, 00230, 00231, 00232 Property Number: 21200810055 Guard: Commandant, United States Comments: Various sq. ft., presence of Status: Unutilized Coast Guard, Attn: Teresa Sheinberg, asbestos, most recent use—training aids Comments: 28,290 sq. ft., presence of 2100 Second St., SW., Rm 6109, center, off-site use only asbestos, most recent use—veh. maint. shop, off-site use only Washington, DC 20593–0001; (202) 267– Bldg. 00324 6142; Commerce: Mr. Lance Feiner, Fort Hood Bldg. 04449 Acting Director, Department of Bell, TX 76544 Fort Hood Landholding Agency: Army Bell, TX 76544 Commerce, Office of Real Estate, 14th & Landholding Agency: Army Constitution Ave., NW., Rm. 1036, Property Number: 21200810049 Status: Unutilized Property Number: 21200810056 Washington, DC 20230; (202) 482–3580; Comments: 13,319 sq. ft., most recent use— Status: Unutilized Energy: Mr. John Watson, Department of roller skating rink, off-site use only Comments: 3822 sq. ft., most recent use— Energy, Office of Engineering & Bldgs. 00710, 00739, 00741 police station, off-site use only Construction Management, ME–90, 1000 Fort Hood Suitable/Available Properties Independence Ave., SW., Washington, Bell, TX 76544 DC 20585: (202) 586–0072; GSA: Mr. Landholding Agency: Army Building Property Number: 21200810050 John Smith, Deputy Assistant Texas Commissioner, General Services Status: Unutilized Administration, Office of Property Comments: Various sq. ft., presence of Bldg. 91077 Disposal, 18th & F Streets, NW., asbestos, most recent use—repair shop, off- Fort Hood site use only Bell, TX 76544 Washington, DC 20405; (202) 501–0084; Landholding Agency: Army Navy: Mrs. Mary Arndt, Acting Director, Suitable/Available Properties Property Number: 2120081005 Department of the Navy, Real Estate Building Status: Unutilized Services, Naval Facilities Engineering Comments: 3200 sq. ft., presence of asbestos, Command, Washington Navy Yard, Texas most recent use—educational facility, off- 1322 Patterson Ave., SE., Suite 1000, 5 Bldgs. site use only

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Summary for Suitable/Available Properties Landholding Agency: Army Aberdeen Proving Ground Property Number: 21200810006 Harford, MD 21005 Total number of Properties = 24 Status: Underutilized Landholding Agency: Army Unsuitable Properties Reasons: Secured Area Property Number: 21200810015 Status: Unutilized Building Unsuitable Properties Reasons: Secured Area Alabama Building 6 Bldgs. Bldg. 01407 Idaho Aberdeen Proving Ground Harford, MD 21005 Redstone Arsenal Bldg. 00110 Madison, AL 35898 Landholding Agency: Army Wilder Property Number: 21200810016 Landholding Agency: Army Canyon, ID 83676 Property Number: 21200810002 Status: Unutilized Landholding Agency: Army Directions: E5695, E5770, E5771, E5772, Status: Unutilized Property Number: 21200810009 E5774, E5778 Reasons: Extensive deterioration Status: Unutilized Reasons: Secured Area Unsuitable Properties Reasons: Secured Area Unsuitable Properties Building Iowa Building California Bldgs. 00013, C0847 Iowa Army Ammo Plant Maryland March Water Annex 2 Middletown, IA 52601 Perris, CA Landholding Agency: Army Bldgs. E5897, E5913, E5914 Landholding Agency: GSA Property Number: 21200810008 Aberdeen Proving Ground Property Number: 54200810004 Status: Unutilized Harford, MD 21005 Status: Excess Reasons: Secured Area. Within 2000 ft. of Landholding Agency: Army GSA Number: 9–D–CA–1211 flammable or explosive material Property Number: 21200810017 Reasons: Within airport runway clear zone Status: Unutilized Kentucky 4 Bldgs. Reasons: Secured Area Marine Corps Base 4 Bldgs. Bldgs. E6892, E7012, E7822 41312, 53426, 53427, 53430 Fort Campbell Aberdeen Proving Ground Camp Pendleton, CA 92055 Christian, KY 42223 Harford, MD 21005 Landholding Agency: Navy Landholding Agency: Army Landholding Agency: Army Property Number: 77200810008 Property Number: 21200810010 Property Number: 21200810018 Status: Excess Status: Underutilized Status: Unutilized Directions: 06256, 06258, 06266, 06268 Reasons: Extensive deterioration. Secured Reasons: Secured Area Reasons: Secured Area Area. Bldg. 00940 Florida Unsuitable Properties Fort Detrick Frederick, MD 21702 Building Bldgs. C5, A329 Landholding Agency: Army Naval Air Station Maryland Property Number: 21200810019 Key West, FL 33040 Bldgs. 00505, 01047 Status: Unutilized Landholding Agency: Navy Reasons: Secured Area Property Number: 77200810007 Aberdeen Proving Ground Status: Excess Harford, MD 21005 Unsuitable Properties Reasons: Extensive deterioration. Secured Landholding Agency: Army Building Area Property Number: 21200810011 Status: Unutilized New Jersey Unsuitable Properties Reasons: Secured Area Bldg. 448 Bldgs. E1407, E1417, E1452 Building Picatinny Arsenal Aberdeen Proving Ground Dover, NJ 07806 Georgia Harford, MD 21005 Landholding Agency: Army Landholding Agency: Army Bldg. 00902 Property Number: 21200810020 Property Number: 21200810012 Fort Gillem Status: Unutilized Status: Unutilized Forest Park, GA Reasons: Within 2000 ft. of flammable or Reasons: Secured Area Landholding Agency: Army explosive material. Secured Area Property Number: 21200810003 7 Bldgs. Bldg. 0690 Status: Unutilized Aberdeen Proving Ground Fort Dix Reasons: Secured Area Harford, MD 21005 Burlington, NJ 08640 Landholding Agency: Army Hawaii Landholding Agency: Army Property Number: 21200810013 Property Number: 21200810021 Bldg. 2132 Status: Unutilized Status: Unutilized Schofield Barracks Directions: E3007, E3221, E3222, E3223, Reasons: Extensive deterioration Wahiawa, HI 96786 E3224, E3226, E3228 Landholding Agency: Army Reasons: Secured Area Bldgs. S3132, S3133, S3134 Property Number: 21200810004 Fort Dix Status: Underutilized Unsuitable Properties Burlington, NJ 08640 Reasons: Secured Area Building Landholding Agency: Army Bldgs. B2132, C2132, 02142 Property Number: 21200810022 Schofield Barracks Maryland Status: Unutilized Wahiawa, HI 96786 Bldgs. E3236, E3268, E3850 Reasons: Extensive deterioration Landholding Agency: Army Aberdeen Proving Ground Bldg. 7427 Property Number: 21200810005 Harford, MD 21005 Fort Dix Status: Underutilized Landholding Agency: Army Burlington, NJ 08640 Reasons: Secured Area Property Number: 21200810014 Landholding Agency: Army Bldgs. 02138, 02140, A2144 Status: Unutilized Property Number: 21200810023 Schofield Barracks Reasons: Secured Area Status: Unutilized Wahiawa, HI 96786 Bldgs. E4060, E4440 Reasons: Extensive deterioration

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Unsuitable Properties Sandia National Lab Unsuitable Properties Albuquerque, NM 87185 Building Building Landholding Agency: Energy New Jersey Property Number: 41200810002 Texas Tower (TS1) Status: Unutilized Bldg. 00002 USCG Station Reasons: Secured Area. Extensive Denton Atlantic City, NJ 08401 deterioration Lewisville, TX 76102 Landholding Agency: Coast Guard Landholding Agency: Army New York Property Number: 88200810001 Property Number: 21200810034 Status: Unutilized Bldgs. 01243, 01276 Status: Unutilized Reasons: Secured Area. Extensive U.S. Army Garrison Reasons: Extensive deterioration deterioration Orange, NY 10996 Virginia Landholding Agency: Army New Mexico Bldgs. P3510, P3515 Property Number: 21200810030 Bldgs. 00122, 00160 Fort Eustis Status: Unutilized White Sands Missile Range Ft. Eustis, VA 23604 Reasons: Extensive deterioration Dona Ana, NM 88002 Landholding Agency: Army Landholding Agency: Army Unsuitable Properties Property Number: 21200810035 Property Number: 21200810024 Status: Unutilized Status: Excess Building Reasons: Extensive deterioration Reasons: Secured Area. Extensive North Carolina Bldg. 412 deterioration Bldg/1150 sq. ft. Fort Myer 4 Bldgs. Natl Ocean Service Center Ft. Myer, VA 22211 White Sands Missile Range Landholding Agency: Army Beaufort, NC 28516 Dona Ana, NM 88002 Property Number: 21200810036 Landholding Agency: Commerce Landholding Agency: Army Status: Excess Property Number: 21200810025 Property Number: 27200810001 Reasons: Secured Area Status: Excess Status: Unutilized Unsuitable Properties Directions: 00360, 00362, 00364, 00368 Reasons: Extensive deterioration. Floodway Reasons: Extensive deterioration. Secured Bldg/988 sq. ft. Building Area Natl Ocean Service Center Virginia Beaufort, NC 28516 Unsuitable Properties Landholding Agency: Commerce 4 Bldgs. Building Property Number: 27200810002 Fort Story Ft. Story, VA 23459 Status: Unutilized New Mexico Landholding Agency: Army Reasons: Extensive deterioration. Floodway Bldg. 00421 Property Number: 21200810037 White Sands Missile Range Samoa Status: Unutilized Dona Ana, NM 88002 Bldg. 00002 Directions: T0540, T0750, T0753, T0762 Landholding Agency: Army Army Reserve Center Reasons: Extensive deterioration Property Number: 21200810026 Pago Pago, AQ 96799 Bldg. 01335 Status: Excess Landholding Agency: Army Fort A.P. Hill Reasons: Extensive deterioration. Secured Property Number: 21200810001 Bowling Green, VA 22427 Area Status: Unutilized Landholding Agency: Army 5 Bldgs. Reasons: Floodway. Secured Area Property Number: 21200810038 White Sands Missile Range Status: Unutilized Dona Ana, NM 88002 Unsuitable Properties Reasons: Extensive deterioration Landholding Agency: Army Building Bldgs. 6259, 6287 Property Number: 21200810027 Fort Lee Status: Excess South Carolina Prince George, VA 23801 Directions: 20552, 20854, 21610, 21860, Bldg. M2617 Landholding Agency: Army 21862 Fort Jackson Property Number: 21200810039 Reasons: Extensive deterioration. Secured Richland, SC 29207 Status: Unutilized Area Landholding Agency: Army Reasons: Extensive deterioration Bldgs. 23680, 24064, 26117 Property Number: 21200810031 Unsuitable Properties White Sands Missile Range Status: Unutilized Dona Ana, NM 88002 Reasons: Secured Area Building Landholding Agency: Army Virginia Property Number: 21200810028 Texas 4 Bldgs. Status: Excess 6 Bldgs. Fort Lee Reasons: Secured Area. Extensive Fort Bliss deterioration 7015, 7016, 7017, 7118 El Paso, TX 79916 Prince George, VA 23801 Unsuitable Properties Landholding Agency: Army Landholding Agency: Army Property Number: 21200810032 Building Property Number: 21200810040 Status: Unutilized Status: Unutilized New Mexico Directions: 2031, 2034, 9906, 9907, 11200, Reasons: Extensive deterioration Bldgs. 30722, 30724, 30735 11201 Bldg. 00051 White Sands Missile Range Reasons: Extensive deterioration Defense Supply Center Dona Ana, NM 88002 Bldgs. 56145, 56208, 56220 Richmond, VA 23297 Landholding Agency: Army Fort Hood Landholding Agency: Army Property Number: 21200810029 Bell, TX 76544 Property Number: 21200810041 Status: Excess Landholding Agency: Army Status: Unutilized Reasons: Extensive deterioration. Secured Property Number: 21200810033 Reasons: Extensive deterioration. Secured Area Status: Excess Area Bldg. 6502 Reasons: Extensive deterioration Bldgs. 01140, 01154

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Fort Belvoir Pueblo of Laguna Indian Reservation 13°47′20″ E., 343.85 feet to the southeast Fairfax, VA 22060 corner of Tract One; thence S. 86°53′10″ New Mexico Principal Meridian Landholding Agency: Army W., 764.0 feet; thence S. 78°33′30″ W., Property Number: 21200810042 Cibola County, New Mexico 858.6 feet; thence S. 79°23′30″ W., 177.1 Status: Unutilized feet; thence S. 55°51′20″ W., 450.0 feet; Reasons: Extensive deterioration All of the following described tracts of ° ′ land comprising a total area of 6,883.54 thence S. 83 47 W., 661.3 feet to the Unsuitable Properties acres, more or less, consisting of southwest corner of Tract One and point Building TRACTS ONE and TWO as described of beginning; said Tract One containing 261.51 acres, more or less. Virginia below, situated within the Cebolleta Bldgs. 05015, 05021 Grant, in Cibola County, New Mexico, to Tract Two Fort Belvoir wit: A tract of land situated within the Fairfax, VA 22060 Tract One exterior boundaries of the Cebolleta Landholding Agency: Army Grant (inside of which Grant the official Property Number: 21200810043 A tract of land situated within the U.S. Government surveys of the Public Status: Unutilized exterior boundaries of the Cebolleta Reasons: Extensive deterioration Land Survey System of Townships, Grant (inside of which Grant the official Ranges, and Sections have never been Wisconsin U.S. Government surveys of the Public established), in Cibola County, New Bldg. 05007 Land Survey System of Townships, Mexico, locally described as being Fort McCoy Ranges, and Sections have never been within ‘‘projected’’ Townships 11 and Monroe, WI 54656 established), in Cibola County, New 12 North, Ranges 6 and 7 West, New Landholding Agency: Army Mexico, locally described as being Mexico Principal Meridian, more Property Number: 21200810044 within ‘‘projected’’ Section 18, Status: Unutilized particularly described as follows: Township 11 North, Range 6 West, New Beginning at the southwest corner of Reasons: Extensive deterioration. Mexico Principal Meridian, more [FR Doc. E8–2090 Filed 2–7–08; 8:45 am] Tract Two, being a point on the west particularly described as follows: boundary of the Cebolleta Grant, being BILLING CODE 4210–67–P Beginning at the southwest corner of also a point on the east boundary of said Tract One, being identical with a surveyed fractional Section 15 (outside corner of Tract Two, hereinafter the Grant), Township 11 North, Range 7 DEPARTMENT OF THE INTERIOR described, which is a point locally West, New Mexico Principal Meridian, described as being on the westerly line from which point the southwest corner Bureau of Indian Affairs of ‘‘projected’’ Section 18, said line of the Cebolleta Grant bears S. 4°14′ W., being the ‘‘projected’’ Range line 2185.00 feet distance, and running Proclaiming Certain Lands, Mt. Taylor common to Ranges 6 and 7 West, from thence from said beginning point N. Property, as an Addition to the Pueblo which point the locally described 89°35′ E., 3562.99 feet on the south of Laguna Reservation of New Mexico southwest corner of ‘‘projected’’ Section boundary of Tract Two; thence S. 89°40′ 18, Township 11 North, Range 6 West, E., 5267.37 feet; thence S. 89°53′ E., AGENCY: Bureau of Indian Affairs, New Mexico Principal Meridian, bears 2594.81 feet; thence N. 0°10′ E., 1348.82 Interior. S. 0°10′ W., 1348.82 feet distance, and feet; thence S. 89°53′ E., 2695.00 feet to ACTION: Notice of Reservation running thence from said beginning a corner of Tract Two, being identical Proclamation. point N. 0°10′ E., 3931.80 feet on the with the southwest corner of Tract One, west boundary of Tract One, being hereinbefore described; thence N. 0°10′ SUMMARY: This notice informs the public identical with a portion of the east E., 3931.80 feet on a portion of the east that the Assistant Secretary—Indian boundary of Tract Two, to the northwest boundary of Tract Two, being identical Affairs proclaimed approximately corner of Tract One, being identical with the west boundary of Tract One, to 6,883.54 acres, more or less, to be added with a corner of Tract Two, said corner a corner of Tract Two, being identical to the Pueblo of Laguna Reservation locally described as being the northwest with the northwest corner of Tract One; (Laguna), New Mexico. corner of ‘‘projected’’ Section 18, thence N. 88°35′ E., 3491.10 feet on a FOR FURTHER INFORMATION CONTACT: Ben Township 11 North, Range 6 West, New portion of the south boundary of Tract Burshia, Bureau of Indian Affairs, Mexico Principal Meridian; thence N. Two, being identical with the north Division of Real Estate Services, Mail 88°35′ E., 3491.10 feet on the north boundary of Tract One, to the northeast Stop–4639–MIB, 1849 C Street, NW., boundary of Tract One, being identical corner of Tract One, being a point Washington, DC 20240, telephone (202) with a portion of the south boundary of located on the south boundary of Tract 208–7737. Tract Two, to the northeast corner of Two; thence N. 88°35′ E., 1644.90 feet SUPPLEMENTARY INFORMATION: This Tract One, said point being located on continuing on a portion of the south notice is published in the exercise of the south boundary of Tract Two and boundary of Tract Two, to a point on the authority delegated by the Secretary of also locally described as being on the east rim of Water Canyon; thence the Interior to the Assistant Secretary— line common to ‘‘projected’’ Sections 7 northerly along the east rim of Water Indian Affairs by part 209 of the and 18; thence S. 12°50′E., 458.10 feet; Canyon by the following courses and Departmental Manual. thence S. 10°19′ E., 257.70 feet; thence distances: N. 26°33′ W., 362.9 feet; N. A proclamation was issued according S. 13°46′30″ W., 336.15 feet; thence S. 6°03′ W., 793.92 feet; N. 17°40′ W., to the Act of June 18, 1934 (48 Stat. 986; 27°20′40″ W., 104.15 feet; thence S. 646.25 feet; N. 33°30′ W., 516.80 feet; N. 25 U.S.C. 467), for the land described 25°00′40″ W., 161.00 feet; thence S. 48°36′ W., 576.70 feet; N. 55°29′ W., below. The land was proclaimed to be 45°46′20″ W., 184.25 feet; thence S. 441.21 feet; N. 37°27′ W., 230.03 feet; N. an addition to and part of the Laguna 26°06′20″ W., 614.35 feet; thence S. 85°54′ W., 527.15 feet; N. 50°55′ W., Reservation for the exclusive use of 33°46′20″ W., 301.65 feet; thence S. 917.96 feet; N. 8°51′ W., 503.30 feet; N. Indians on that reservation who are 18°42′40″ W., 625.30 feet; thence S. 18°15′ W., 1097.28 feet; N. 26°03′ W., entitled to reside at the reservation by 5°54′20″ E., 189.10 feet; thence S. 667.0 feet; N. 2°40′ W., 755.05 feet; N. enrollment or tribal membership. 9°49′20″ E., 141.20 feet; thence S. 43°01′ W., 518.72 feet; N. 14°38′ E.,

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378.53 feet; N. 6°59′ W., 744.3 feet; N. feet on a portion of the west boundary feet) S. 0°58′ W. from the true point for 11°36′ E., 428.34 feet; N. 15°06′ W., of Tract Two, being identical with the the 6 Mile Corner. These records are on 481.23 feet; N. 27°20′ W., 578.32 feet; N. east boundary of said Lot No. 6, to a file at the U.S. Bureau of Land 25°36′ E., 1072.82 feet; N. 9°46′ E., point on the west boundary of Tract Management, New Mexico State Office, 1104.33 feet; N. 27°01′ E., 365.8 feet; N. Two, being identical with the southeast in Santa Fe, New Mexico.); thence from 18°32′ W., 408.2 feet; N. 35°48′ W., corner of said Lot No. 6, and also the true point for the 6 Mile Corner, S. 1009.6 feet; N. 28°43′ W., 246.15 feet; N. identical with the northeast corner of 0°58′ W., 4871.46 feet to the 7 Mile 51°19′ W., 377.23 feet; N. 63°17′ W., Lot No. 5 of the Mt. Taylor Development Corner; thence S. 5°34′ W., 5184.3 feet 696.27 feet; N. 43°57′ W., 520.75 feet; N. Company, Water Canyon Stockholders’ to the 8 Mile Corner; thence S. 4°14′ W., 27°03′ W., 680.15 feet; N. 54°11′ W., Lots, as shown on the above-described 2527.4 feet to the southwest corner of 470.7 feet; N. 74°08′ W., 420.05 feet; N. plat dated August 1967; thence S. 1°15′ Tract Two and point of beginning; said 87°44′ W., 688.4 feet; N. 72°26′ W., W., 150 feet on a portion of the west Tract Two containing 6,622.03 acres, 682.4 feet; S. 55°03′ W., 817.02 feet; N. boundary of Tract Two, being identical more or less. (Note: This total area for 71°21′ W., 1241.18 feet; S. 82°41′ W., with the east boundary of said Lot No. Tract Two includes the formerly 2523.0 feet; N. 15°53′ W., 1538.02 feet; 5, to a corner of Tract Two, being designated Lots No. 1 through 4 and N. 25°48′ W., 265.05 feet; N. 65°36′ W., identical with the southeast corner of Lots No. 7 through 15 of the Mt. Taylor 2848.65 feet to the northwest corner of said Lot No. 5, as shown on the above- Development Company, Water Canyon Tract Two (Note: The Mt. Taylor described plat dated August 1967; Stockholders’ Lots, as shown on the Development Company plat dated thence N. 88°45′ W., 100 feet continuing above-described plat dated August 1967, December 2, 1968, shows a tie of S. on a portion of the west boundary of which are totally within and now a part 48°39′ W., 3750.25 feet distance from Tract Two, being identical with the of Tract Two, making it unnecessary to the northwest corner of Tract Two to the south boundary of said Lot No. 5, to a describe them herein as separate Government brass cap marking the corner on the west boundary of Tract parcels.) closing corner of Sections 27 and 34, Two, being identical with the southwest The above-described lands contain a Township 12 North, Range 7 West, New corner of said Lot No. 5, as shown on total of 6,883.54 acres, more or less, Mexico Principal Meridian, on the west the above-described plat dated August which are subject to all valid rights, boundary of the Cebolleta Grant. This 1967; thence S. 1°15′ W., 70.9 feet on reservations, rights-of-way, and brass cap has geographic coordinates, in the west boundary of Tract Two, to an easements of record. ° ′ ″ NAD 83 (CORS96), of 35 13 55.312 N. iron pipe, as shown on the Mt. Taylor This proclamation does not affect title ° ′ Latitude and 107 33 51.696 W. Development Company plats dated to the land described above, nor does it Longitude, as determined by the U.S. August 1967 and September 1, 1967 affect any valid existing easements for Bureau of Indian Affairs in 2004, using (Note: Both of these plats show a tie of public roads and highways, public ° ′ survey-grade Global Positioning System N. 41 59 W., 3956.2 feet distance from utilities and for railroads and pipelines units. The above-described 1968 plat this iron pipe to the previously and any other rights-of-way or lists no surveyor and was never described Government brass cap reservations of record. recorded in the records of Cibola or marking the closing corner of Sections Valencia Counties, but has been 27 and 34, Township 12 North, Range Dated: June 19, 2007. recorded in the records of the U.S. 7 West, New Mexico Principal Carl J. Artman, Bureau of Indian Affairs, Albuquerque Meridian, on the west boundary of the Assistant Secretary—Indian Affairs. Land Titles and Records Office.); thence Cebolleta Grant. The September 1, 1967 Editorial Note: This document was from the northwest corner of Tract Two, plat also states that this iron pipe is received in the Office of the Federal Register S. 1°15′ W., 5048.84 feet on the west located approximately 410 feet South of on February 5, 2008. boundary of Tract Two, crossing Water the Water Canyon Creek.); thence from [FR Doc. E8–2361 Filed 2–7–08; 8:45 am] ° ′ Canyon, to a corner of Tract Two, being said iron pipe, S. 1 15 W., 4211.72 feet BILLING CODE 4310–W7–P identical with the northwest corner of on the west boundary of Tract Two, Lot No. 6 of the Mt. Taylor Development continuing across Water Canyon, to a Company, Water Canyon Stockholders’ point near the east ridge of Timber DEPARTMENT OF THE INTERIOR Lots, as indicated on the three Mt. Canyon; thence WEST, 2750.01 feet to a Taylor Development Company plats point on the west boundary of the Bureau of Indian Affairs dated August 1967, September 1, 1967, Cebolleta Grant, being also a point on and December 2, 1968 (Note: These the east boundary of surveyed fractional Rate Adjustments for Indian Irrigation three plats list no surveyor and were Section 3 (outside the Grant), Township Projects never recorded in the records of Cibola 11 North, Range 7 West, New Mexico AGENCY: or Valencia Counties, but have been Principal Meridian; thence on the west Bureau of Indian Affairs, recorded in the records of the U.S. boundary of the Cebolleta Grant, being Interior. Bureau of Indian Affairs, Albuquerque identical with the west boundary of ACTION: Notice of proposed rate Land Titles and Records Office); thence Tract Two, as follows: S. 0°58′ W., adjustments. S. 88°45′ E., 100 feet continuing on a 1043.54 feet to the true point for the 6 portion of the west boundary of Tract Mile Corner (Note: The official U.S. SUMMARY: The Bureau of Indian Affairs Two, being identical with the north General Land Office plat and field note (BIA) owns, or has an interest in, boundary of said Lot No. 6, to a corner records for Township 11 North, Range 7 irrigation facilities located on various of Tract Two, being identical with the West, New Mexico Principal Meridian, Indian reservations throughout the northeast corner of said Lot No. 6, as approved May 13, 1935, which describe United States. We are required to shown on the above-described plat the 1930 resurvey of this portion of the establish rates to recover the costs to dated August 1967, which is titled ‘‘Mt. west boundary of the Cebolleta Grant, administer, operate, maintain, and Taylor Development Company, T. 12 N., indicate that a witness corner, rehabilitate those facilities. We request R. 7 W., N.M.P.M., Water Canyon Stock monumented with an iron post with your comments on the proposed rate Holder’s Lots;’’ thence S. 1°15′ W., 150 brass cap, was established 12 links (7.92 adjustments.

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DATES: Interested parties may submit Irrigation project means, for the Does this notice affect me? comments on the proposed rate purposes of this notice, the facility or This notice affects you if you own or adjustments on or before April 8, 2008. portions thereof, that we own, or have lease land within the assessable acreage ADDRESSES: All comments on the an interest in, including all appurtenant of one of our irrigation projects, or you proposed rate adjustments must be in works, for the delivery, diversion, and have a carriage agreement with one of writing and addressed to: John Anevski, storage of irrigation water to provide our irrigation projects. Chief, Division of Irrigation, Power and irrigation service to customers for whom Safety of Dams, Office of Trust Services, we assess periodic charges to recover Where can I get information on the Mail Stop 4655–MIB, 1849 C Street, our costs to administer, operate, regulatory and legal citations in this NW., Washington, DC 20240, Telephone maintain, and rehabilitate. These notice? (202) 208–5480. projects may be referred to as facilities, You can contact the appropriate FOR FURTHER INFORMATION CONTACT: For systems, or irrigation areas. office(s) stated in the tables for the details about a particular irrigation Irrigation service means the full range irrigation project that serves you, or you project, please use the tables in of services we provide customers of our can use the Internet site for the SUPPLEMENTARY INFORMATION section to irrigation projects, including, but not Government Printing Office at http:// contact the regional or local office limited to, water delivery. This includes www.gpo.gov. where the project is located. our activities to administer, operate, Why are you publishing this notice? SUPPLEMENTARY INFORMATION: The tables maintain, and rehabilitate our projects. in this notice list the irrigation project Maintenance costs means all costs we We are publishing this notice to notify contacts where the BIA recovers its incur to maintain and repair our you that we propose to adjust one or costs for local administration, operation, irrigation projects and equipment of our more of our irrigation assessment rates. maintenance, and rehabilitation, the irrigation projects and is a cost factor This notice is published in accordance current irrigation assessment rates, and included in calculating your operation with the BIA’s regulations governing its the proposed rates for the 2008 and maintenance (O&M) assessment. operation and maintenance of irrigation irrigation season and subsequent years Must means an imperative or projects, specifically, 25 CFR 171.1. where applicable. mandatory act or requirement. These sections provide for the fixing Operation and maintenance (O&M) and announcing of the rates for annual What are some of the terms I should assessment means the periodic charge assessments and related information for know for this notice? you must pay us to reimburse our costs. our irrigation projects. The following are terms we use that Operation or operating costs means What authorizes you to issue this may help you understand how we are costs we incur to operate our irrigation notice? applying this notice. projects and equipment and is a cost Administrative costs means all costs factor included in calculating your O&M Our authority to issue this notice is we incur to administer our irrigation assessment. vested in the Secretary of the Interior by projects at the local project level. Local Past due bill means a bill that has not 5 U.S.C. 301 and the Act of August 14, project level does not normally include been paid by the close of business on 1914 (38 Stat. 583; 25 U.S.C. 385). The the Agency, Region, or Central Office the 30th day after the due date, as stated Secretary has in turn delegated this costs unless we state otherwise in on the bill. Beginning on the 31st day authority to the Assistant Secretary— writing. after the due date we begin assessing Indian Affairs under Part 209, Chapter Assessable acre means lands additional charges accruing from the 8.1A, of the Department of the Interior’s designated by us to be served by one of due date. Departmental Manual. our irrigation projects and to which we Rehabilitation costs means costs we provide irrigation service and recover incur to restore our irrigation projects or When will you put the rate adjustments our costs. (See Total assessable acres.) features to original operating condition into effect? BIA means the Bureau of Indian or to the nearest state which can be We will put the rate adjustments into Affairs. achieved using current technology and effect for the 2008 irrigation season and Bill means our statement to you of the is a cost factor included in calculating subsequent years where applicable. assessment charges and/or fees you owe your O&M assessment. the United States for administration, Total assessable acres means the total How do you calculate irrigation rates? operation, maintenance, and/or acres served by one of our irrigation We calculate irrigation assessment rehabilitation. The date we mail or hand projects. rates in accordance with 25 CFR 171.1(f) deliver your bill will be stated on it. Total O&M cost means the total of all by estimating the cost of normal Costs mean the costs we incur for the allowable and allocatable costs we operation and maintenance at each of administration, operation, maintenance, incur for administering, operating, our irrigation projects. The cost of and rehabilitation to provide direct maintaining, and rehabilitating our normal operation and maintenance support or benefit to an irrigation irrigation projects serving your farm means the expenses we incur to provide facility. unit. direct support or benefit for an irrigation Customer means any person or entity Water means water we deliver at our project’s activities for administration, that we provide irrigation service to. projects for the general purpose of operation, maintenance, and Due date is the date on which your irrigation and other purposes we agree rehabilitation. These costs are then bill is due and payable. This date will to in writing. applied as stated in the rate table in this be stated on your bill. Water delivery is an activity that is notice. I, me, my, you, and your means all part of the irrigation service we provide interested parties, especially persons or our customers when water is available. What kinds of expenses do you include entities that we provide irrigation We, us, and our means the United in determining the estimated cost of service to and receive beneficial use of States Government, the Secretary of the normal operation and maintenance? our irrigation projects affected by this Interior, the BIA, and all who are We include the following expenses: notice and our supporting policies, authorized to represent us in matters (a) Personnel salary and benefits for manuals, and handbooks. covered under this notice. the project engineer/manager and

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project employees under their (a) At a minimum, this information is: Are there any additional charges if I am management control; (1) Full legal name of person or entity late paying my bill? (b) Materials and supplies; responsible for paying the bill; Yes. We will assess you interest on (c) Major and minor vehicle and (2) Adequate and correct address for equipment repairs; the amount owed and use the rate of mailing or hand delivering our bill; and (d) Equipment, including interest established annually by the transportation, fuel, oil, grease, lease (3) The taxpayer identification Secretary of the United States Treasury and replacement; number or social security number of the (Treasury) to calculate what you will be (e) Capitalization expenses; person or entity responsible for paying assessed (31 CFR 901.9(b)). You will not (f) Acquisition expenses; the bill; be assessed this charge until your bill is (g) Maintenance of a reserve fund (b) It is your responsibility to ensure past due. However, if you allow your available for contingencies or we have correct and accurate bill to become past due, interest will emergency costs needed for the reliable information for paragraph (a) of this accrue from the due date, not the past operation of the irrigation project; section. due date. Also, you will be charged an (h) Rehabilitation costs; and (c) If you are late paying your bill due administrative fee of $12.50 for each (i) Other expenses we determine to your failure to furnish such time we try to collect your past due bill. necessary to properly perform the information or comply with paragraph If your bill becomes more than 90 days activities and functions characteristic of (b) of this section, you cannot appeal past due, you will be assessed a penalty an irrigation project. your bill on this basis. charge of 6 percent per year and it will accrue from the date your bill initially When should I pay my irrigation What can happen if I do not provide the assessment? became past due. Our authority to assess information required for billing interest, penalties, and administration We will mail or hand deliver your bill purposes? fees on past due bills is prescribed in 31 notifying you of the amount you owe to CFR 901.9, ‘‘Interest, penalties, and the United States and when such We can refuse to provide you amount is due. If we mail your bill, we irrigation service. costs.’’ will consider it as being delivered no If I allow my bill to become past due, What else can happen to my past due later than 5 business days after the day could this affect my water delivery? bill? we mail it. You should pay your bill no later than the close of business on the If we do not receive your payment If you do not pay your bill or make 30th day after the due date stated on the before the close of business on the 30th payment arrangements that we agree to, bill. day after the due date stated on your we are required to send your past due bill, we will send you a past due notice. bill to the Treasury for further action. What information must I provide for Your bill will have additional We must send your bill to Treasury no billing purposes? information concerning your rights. We later than 180 days after the original due We must obtain certain information will consider your past due notice as date of your irrigation assessment bill. from you to ensure we can properly delivered no later than 5 business days The requirement for us to send your process, bill for, and collect money after the day we mail it. We have the unpaid bill to Treasury is prescribed in owed to the United States. We are right to refuse water delivery to any of 31 CFR 901.1, ‘‘Aggressive agency required to collect the taxpayer your irrigated land on which the bill is collection activity.’’ identification number or social security past due. We can continue to refuse Who can I contact for further number to properly bill the responsible water delivery until you pay your bill or information? party and service the account under the make payment arrangements that we authority of, and as prescribed in, agree to. Our authority to demand The following tables are the regional Public Law 104–143, the Debt payment of your past due bill is 31 CFR and project/agency contacts for our Collection Improvement Act of 1996. 901.2, ‘‘Demand for Payment.’’ irrigation facilities.

Project name Project/agency contacts

Northwest Region Contacts

Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232–4169, Telephone: (503) 231–6702.

Flathead Irrigation Project ...... Debra DuMontier, Acting Superintendent, Flathead Agency Irrigation Division, P.O. Box 40, Pablo, MT 59855–0040, Telephone: (406) 675–2700. Fort Hall Irrigation Project ...... Eric J. LaPointe, Superintendent, Alan Oliver, Supervisory General Engineer, Fort Hall Agency, P.O. Box 220, Fort Hall, ID 83203–0220, Telephone: (208) 238–2301. Wapato Irrigation Project ...... Pierce Harrison, Project Administrator, Wapato Irrigation Project, P.O. Box 220, Wapato, WA 98951–0220, Telephone: (509) 877–3155.

Rocky Mountain Region Contacts

Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, Montana 59101, Telephone: (406) 247–7943.

Blackfeet Irrigation Project ...... Stephen Pollock, Superintendent, Ted Hall, Irrigation Project Manager, Box 880, Browning, MT 59417, Telephones: (406) 338–7544, Superintendent; (406) 338–7519, Irrigation Project Manager. Crow Irrigation Project ...... George Grover, Superintendent, Karl Helvik, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent; (406) 638–2863, Irrigation Project Manager. Fort Belknap Irrigation Project ...... Judy Gray, Superintendent, Ralph Leo, Irrigation Project Manager, R.R. 1, Box 980, Harlem, MT 59526, Telephones: (406) 353–2901, Superintendent; (406) 353–2905, Irrigation Project Manager.

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Project name Project/agency contacts

Fort Peck Irrigation Project ...... Florence White Eagle, Superintendent, P.O. Box 637, Poplar, MT 59255, Richard Kurtz, Irrigation Man- ager, 602 6th Avenue North, Wolf Point, MT 59201, Telephones: (406) 768–5312, Superintendent; (406) 653–1752, Irrigation Manager . Wind River Irrigation Project ...... Ed Lone Flight, Superintendent, Ray Nation, Acting Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent; (307) 332–2596, Irrigation Project Manager.

Southwest Region Contacts

Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104, Telephone: (505) 563–3100.

Pine River Irrigation Project ...... Ross P. Denny, Superintendent, John Formea, Irrigation Engineer, P.O. Box 315, Ignacio, CO 81137– 0315, Telephones: (970) 563–4511, Superintendent; (970) 563–9484, Irrigation Engineer.

Western Region Contacts

Allen Anspach, Regional Director, Bureau of Indian Affairs, Western Regional Office, Two Arizona Center, 400 N. 5th Street, 12th Floor, Phoenix, AZ 85004, Telephone: (602) 379–6600.

Colorado River Irrigation Project .... Perry Baker, Superintendent, Ted Henry, Irrigation Project Manager, R.R. 1, Box 9–C, Parker, AZ 85344, Telephone: (928) 669–7111. Duck Valley Irrigation Project ...... Robert Marchio, Acting Superintendent, 1555 Shoshone Circle, Elko, NV 89801, Telephone: (775) 738– 0569. Fort Yuma Irrigation Project ...... Vacant, Superintendent, P.O. Box 11000, Yuma, AZ 85366, Telephone: (520) 782–1202. San Carlos Irrigation Project Joint Carl Christensen, Supervisory General Engineer, P.O. Box 250, Coolidge, AZ 85228, Telephone: (520) Works. 723–6216. San Carlos Irrigation Project Indian Joe Revak, Supervisory General Engineer, Pima Agency, Land Operations, Box 8, Sacaton, AZ 85247, Works. Telephone: (520) 562–3372. Uintah Irrigation Project ...... Lynn Hansen, Irrigation Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4341. Walker River Irrigation Project ...... Brenda Astor, Acting Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone: (775) 887–3500.

What irrigation assessments or charges projects where we recover our costs for immediately following the name of the are proposed for adjustment by this operation and maintenance. The table project notes the irrigation projects notice? also contains the proposed rates for the where rates are proposed for The rate table below contains the 2008 season and subsequent years adjustment. current rates for all of our irrigation where applicable. An asterisk

Final Proposed Project name Rate category 2007 rate 2008 rate Proposed 2009 rate

Northwest Region Rate Table

Flathead Irrigation Project (See Note #1) ...... Basic per acre—A ...... $23.45 ** $23.45 $23.45 Basic per acre—B ...... 10.75 a 10.75 10.75 Minimum Charge per tract ...... 65.00 a 65.00 65.00 Fort Hall Irrigation Project * ...... Basic per acre ...... 27.00 31.00 To be determined. Minimum Charge per tract ...... 25.00 27.00 Fort Hall Irrigation Project—Minor Units * ...... Basic per acre ...... 17.00 21.00 Minimum Charge per tract ...... 25.00 27.00 Fort Hall Irrigation Project—Michaud * ...... Basic per acre ...... 35.75 39.75 Pressure per acre ...... 50.00 55.50 Minimum Charge per tract ...... 25.00 27.00 Wapato Irrigation Project—Toppenish/Simcoe Units * ...... Billing Charge per tract ...... 5.00 5.00 5.00 Minimum Charge for farm unit/land 14.00 14.00 15.00 tracts up to one acre. Farm unit/land tracts over one 14.00 14.00 15.00 acre—per acre. Wapato Irrigation Project—Ahtanum Units * ...... Billing Charge per tract ...... 5.00 5.00 5.00 Minimum Charge for farm unit/land 14.00 14.00 15.00 tracts up to one acre. Farm unit/land tracts over one 14.00 14.00 15.00 acre—per acre. Wapato Irrigation Project—Satus Unit * ...... Billing Charge per tract ...... 5.00 5.00 5.00 Minimum Charge for farm unit/land 55.00 55.00 58.00 tracts up to one acre. ‘‘A’’ farm unit/land tracts over one 55.00 55.00 58.00 acre—per acre. Additional Works farm unit/land 60.00 60.00 63.00 tracts over one acre—per acre.

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Final Proposed Project name Rate category 2007 rate 2008 rate Proposed 2009 rate

‘‘B’’ farm unit/land tracts over one 65.00 65.00 68.00 acre—per acre. Water Rental Agreement Lands— 67.00 67.00 70.00 per acre.

Final 2007 Proposed Project name Rate category rate 2008 rate

Rocky Mountain Region Rate Table

Blackfeet Irrigation Project * ...... Basic-per acre ...... $15.50 $17.00 Crow Irrigation Project—Willow * Creek O&M (includes Agency, Lodge Basic-per acre ...... 19.30 20.80 Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units). Crow Irrigation Project—All * Others (includes Bighorn, Soap Creek, and Basic-per acre ...... 19.00 20.50 Pryor Units). Crow Irrigation Two Leggins Drainage District ...... Basic-per acre ...... 2.00 2.00 Fort Belknap Irrigation Project * ...... Trust Land per acre ...... 13.88 20.00 non-Trust Land per acre ...... 18.50 20.00 Fort Peck Irrigation Project * ...... Basic-per acre ...... 20.00 22.00 Wind River Irrigation Project ...... Basic-per acre ...... 15.00 16.00 Wind River Irrigation Project—LeClair District ...... Basic-per acre ...... 17.00 17.00

Southwest Region Rate Table

Pine River Irrigation Project ...... Minimum Charge per tract ...... 50.00 50.00 Basic-per acre ...... 15.00 15.00

Final 2007 Proposed Project name Rate category rate 2008 rate Proposed 2009 rate Proposed 2010 rate

Western Region Rate Table

Colorado River Irrigation Project ...... Basic per acre up to $47.00 $47.00 To be determined .. To be determined. 5.75 acre-feet. Excess Water per 17.00 17.00 acre-foot over 5.75 acre-feet. Duck Valley Irrigation Project ...... Basic-per acre ...... 5.30 5.30 Fort Yuma Irrigation Project (See Note Basic-per acre up to 72.00 77.00 #2). 5.0 acre-feet. Excess Water per 10.50 10.50 acre-foot over 5.0 acre-feet. San Carlos Irrigation Project * (Joint Basic-per acre ...... 30.00 a 21.00 $21.00 b ...... To be determined Works) (See Note #3). (See Note #3). San Carlos Irrigation Project * (Indian Basic-per acre ...... 77.00 57.00 To be determined .. To be determined. Works). Uintah Irrigation Project * (See Note #4) ... Basic-per acre ...... 12.00 12.50 Minimum Bill ...... 25.00 25.00 Walker River Irrigation Project * (See Note Indian per acre ...... 10.00 13.00 16.00. #5). non-Indian per acre 16.00 16.00 16.00. * Notes irrigation projects where rates are proposed for adjustment. a Final 2008 rate. b Final 2009 rate. Note #1—The 2008 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page 19954). The 2009 rate is to be determined. Note #2—The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is the O&M rate established by the Bu- reau of Reclamation (BOR), the owner and operator of the Project. The FY 2007 BOR rate of $65.00 was used in the development of the pro- posed 2008 rate; however, the BOR component is subject to change and is provided for informational purposes only. The second component is for the O&M rate established by the Bureau of Indian Affairs (BIA) to cover administrative costs, including billing and collections for the Project. Through this notice, it is proposed the BIA component of the rate remain unchanged at $7.00/acre. The BIA rate assessment covers approxi- mately 50 percent of the accounting technician and 40 percent of the Natural Resource Officer at the BIA Fort Yuma Agency. Note #3—The 2008 and 2009 rate was established by final notice published in the Federal Register on April 20, 2007 (Vol. 72, No. 76, page 19954). The 2010 rate is to be determined. The Arizona Water Settlement Act is expected to be effective December 31, 2007, and this cir- cumstance may affect what the O&M rate should be for the SCIPJW in 2010. Note #4—The proposed rate for 2008 is subject to change based upon final review of work accomplished under the Approved Annual Oper- ating Plan for the 2007 irrigation season subject to the October 1, 2000 Cooperative Agreement between United States of America Department of the Interior and the Uintah Indian Irrigation Project Operation and Maintenance Company. Note #5—The 2008 and 2009 irrigation rates are proposed through this notice.

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Consultation and Coordination With Takings (Executive Order 12630) DEPARTMENT OF THE INTERIOR Tribal Governments (Executive Order 13175) The Department has determined that Bureau of Land Management these rate adjustments do not have [MT–070–1990–EX] The BIA irrigation projects are vital significant ‘‘takings’’ implications. The components of the local agriculture rate adjustments do not deprive the Notice of Availability of Draft economy of the reservations on which public, state, or local governments of Environmental Impact Statement for they are located. To fulfill its rights or property. the Proposed ‘‘M’’ Pit Mine Expansion responsibilities to the tribes, tribal at Montana Tunnels Mine, Jefferson Federalism (Executive Order 13132) organizations, water user organizations, County, Montana and the individual water users, the BIA communicates, coordinates, and The Department has determined that AGENCY: Bureau of Land Management, consults on a continuing basis with these rate adjustments do not have Interior. these entities on issues of water significant Federalism effects because ACTION: Notice of availability. delivery, water availability, costs of they pertain solely to Federal-tribal administration, operation, maintenance, relations and will not interfere with the SUMMARY: In accordance with the and rehabilitation. This is accomplished roles, rights, and responsibilities of National Environmental Policy Act of at the individual irrigation projects by states. 1969 (NEPA, 42 U.S.C. 4321 et seq.) and Project, Agency, and Regional the Federal Land Policy and Civil Justice Reform (Executive Order Management Act of 1976 (FLPMA, 43 representatives, as appropriate, in 12988) accordance with local protocol and U.S.C. 1701 et seq.), a Draft Environmental Impact Statement (DEIS) procedures. This notice is one This notice complies with the component of the BIA’s overall has been prepared for the Montana requirements of Executive Order 12988. Tunnels Mine ‘‘M’’ Pit Mine Expansion coordination and consultation process Specifically, this notice does not unduly to provide notice and request comments administered by the Bureau of Land burden the judicial system and meets Management’s Butte Field Office (BLM) from these entities on adjusting our the requirements of sections 3(a) and irrigation rates. and the Montana Department of 3(b)(2) of the Order. Environmental Quality (DEQ). Actions Concerning Regulations That Paperwork Reduction Act of 1995 Operations on public lands are on Significantly Affect Energy Supply, mining claims located in accordance Distribution, or Use (Executive Order These rate adjustments do not affect with the General Mining Law of 1872, 13211) the collections of information which as amended (30 U.S.C. 22 et seq.). The have been approved by the Office of public is invited to review and comment The rate adjustments will have no on the range and adequacy of the draft adverse effects on energy supply, Information and Regulatory Affairs, Office of Management and Budget, alternatives and associated distribution, or use (including a environmental effects. For comments to shortfall in supply, price increases, and under the Paperwork Reduction Act of 1995. The OMB Control Number is be most helpful, they should relate to increase use of foreign supplies) should specific concerns or conflicts that are 1076–0141 and expires August 31, 2009. the proposed rate adjustments be within the legal responsibilities of the implemented. This is a notice for rate National Environmental Policy Act BLM and DEQ. The DEIS addresses adjustments at BIA owned and operated alternatives associated with Montana irrigation projects, except for the Fort The Department has determined that Tunnels Mine ‘‘M’’ Pit Mine Expansion. Yuma Irrigation Project. The Fort Yuma these rate adjustments do not constitute DATES: We will accept written Irrigation Project is owned and operated a major Federal action significantly comments on the Draft EIS for 60 days by the Bureau of Reclamation with a affecting the quality of the human following the date the Environmental portion serving the Fort Yuma environment and that no detailed Protection Agency (EPA) publishes its Reservation. statement is required under the National Notice of Availability in the Federal Regulatory Planning and Review Environmental Policy Act of 1969 (42 Register. The last day of the written (Executive Order 12866) U.S.C. 4321–4370(d)). comment period may be identified at the Internet address below, after These rate adjustments are not a Data Quality Act publication of the EPA Notice of significant regulatory action and do not In developing this notice, we did not Availability in the Federal Register. We need to be reviewed by the Office of conduct or use a study, experiment, or will announce future meetings or Management and Budget under hearings and any other public survey requiring peer review under the Executive Order 12866. involvement activities at least 15 days Data Quality Act (Pub. L. 106–554). Regulatory Flexibility Act in advance through public notices, Dated: January 16, 2008. media new releases, and/or mailings. This rate making is not a rule for the Carl J. Artman, The Draft EIS will be posted on the purposes of the Regulatory Flexibility Assistant Secretary—Indian Affairs. Montana DEQ Web site http:// Act because it is ‘‘a rule of particular [FR Doc. E8–2304 Filed 2–7–08; 8:45 am] www.deq.state.mt.us. applicability relating to rates.’’ 5 U.S.C. BILLING CODE 4310–W7–P ADDRESSES: You may submit comments 601(2). by any of the following methods: • Unfunded Mandates Act of 1995 E-mail: [email protected]. • Mail: Send written comments to These rate adjustments impose no ‘‘M’’ Pit Mine Expansion at Montana unfunded mandates on any Tunnels Mine EIS, Greg Hallsten, governmental or private entity and are Montana Department of Environmental in compliance with the provisions of the Quality, Director’s Office, PO Box Unfunded Mandates Act of 1995. 200901, Helena, MT 59620–0901.

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• Fax: (406) 444–4386. County. This notice initiates the public a hard copy or a computer disc (CD). FOR FURTHER INFORMATION CONTACT: For review process on the FEIS. The document will be available further information and/or to request a DATES: The Kane Springs Valley electronically at: http://www.blm.gov/ copy of the document, contact: Greg Groundwater Development Project FEIS nv/. Copies of the FEIS will be available Hallsten, Montana Department of will be available for review and for review at the following locations: Environmental Quality, PO Box 200901, comment for 30 days following the date • Bureau of Land Management, Helena, MT 59620–0901 or David the Environmental Protection Agency Nevada State Office, 1340 Financial Williams, Bureau of Land Management, publishes their Notice of Availability in Blvd., Reno, Nevada. Butte Field Office, 106 N. Parkmont, the Federal Register. • Bureau of Land Management, Ely Butte, MT 59701. ADDRESSES: Submit written comments Field Office, 702 North Industrial Way, Documents related to this EIS, on the FEIS using any of the following Ely, Nevada. including public comments, will be methods: All comment submittals to this FEIS posted on the Montana DEQ Web site • Mail: Penny Woods, Project must include the commenter’s name (http://www.deq.state.mt.us) and may be Manager, P.O. Box 12000, Reno, NV and street address. Comments, published as part of the final EIS. 89520. including the names and street • SUPPLEMENTARY INFORMATION: Before Fax: 775–861–6689 (Attn: Penny addresses of respondents, will be including your address, phone number, Woods, Project Manager). available for public review at the • e-mail address, or other personal E-mail: [email protected]. Nevada State Office during regular identifying information in your FOR FURTHER INFORMATION CONTACT: business hours (9 a.m. to 4:30 p.m., comment, you should be aware that Penny Woods, BLM Project Manager, Monday through Friday except for your entire comment—including your P.O. Box 12000, Reno, NV 89520, Federal holidays). Before including your personal identifying information—may telephone 775–861–6466, or e-mail: address, telephone number, e-mail be made publicly available at any time. [email protected] with ‘‘Kane address, or other personal identifying While you can ask us in your comment Springs Information Request’’ in the information in your comment, be to withhold your personal identifying subject line. advised that your entire comment, information from public review, we SUPPLEMENTARY INFORMATION: The FEIS including your personal identifying cannot guarantee that we will be able to describes and analyzes a proposal for information, may be made publicly do so. All submissions from groundwater facilities in the Kane available at any time. While you can ask organizations and businesses, and from Springs Valley submitted by the Lincoln in your comment to withhold from individuals identifying themselves as County Water District (LCWD). The public review your personal identifying representatives or officials of FEIS addresses the proposal submitted information, we cannot guarantee that organizations or businesses, will be by LCWD, an alternative alignment, and we will be able to do so. available for public inspection in their a no action alternative. Under the Ron Wenker, entirety. Proposed Action, the LCWD would Nevada State Director. Dated: December 6, 2007. develop and convey groundwater in [FR Doc. E8–2231 Filed 2–7–08; 8:45 am] Kane Springs Valley to private land for Richard M. Hotaling, BILLING CODE 4310–HC–P community development purposes in Field Manager. Coyote Springs Valley. The volume of [FR Doc. E8–2242 Filed 2–7–08; 8:45 am] water to be transported through the DEPARTMENT OF THE INTERIOR BILLING CODE 4310–$$–P proposed facilities could be up to 5,000 acre-feet per year. Bureau of Land Management The proposed project would be [Docket No. AZ–910–0777–XP–241A] DEPARTMENT OF THE INTERIOR located in unincorporated portions of Bureau of Land Management southwestern Lincoln County, Nevada, State of Arizona Resource Advisory and would consist of a 13.2 mile Council Meeting pipeline, seven production wells, water [NV–040–5101–ER–F851; N–79742; 8–08807] storage tanks, a 12.5 kV transmission AGENCY: Bureau of Land Management, Notice of Availability of the Final line, and a fiber optic line. Interior. Environmental Impact Statement for On June 22, 2007, the BLM published ACTION: Notice of Arizona Resource the Kane Springs Valley Groundwater the Notice of Availability for the Draft Advisory Council Meeting. Development Project, Nevada EIS for this project in the Federal Register. Nineteen comments were SUMMARY: In accordance with the AGENCY: Lead Agency—Bureau of Land received from individuals, Federal Land Policy and Management Management, Interior; Cooperating organizations, agencies and a tribal Act of 1976 and the Federal Advisory Agencies—U.S. Fish and Wildlife band. Specific comment responses are Committee Act of 1972, the U.S. Service, Interior; State of Nevada provided in the FEIS, and issues and Department of the Interior, Bureau of Department of Wildlife; Moapa Valley concerns raised during the review are Land Management (BLM), Arizona Water District, Nevada. addressed in the FEIS. Resource Advisory Council (RAC), will ACTION: Notice of Availability. Copies of the FEIS will be mailed to meet on March 6, 2008, in Phoenix, individuals, agencies, or companies Arizona, at the BLM National Training SUMMARY: In accordance with the who previously requested copies or who Center located at 9828 North 31st National Environmental Policy Act of responded to the BLM on the Draft EIS. Avenue in Phoenix from 8 a.m. and 1969 (NEPA, 42 U.S.C. 4321 et seq.) the Copies of the FEIS are available on conclude at 4:30 p.m. Morning agenda Bureau of Land Management (BLM) has request from the BLM Nevada State items include: Review of the December prepared a Final Environmental Impact Office, 1340 Financial Blvd., P.O. Box 6, 2007, meeting minutes for RAC and Statement (FEIS) that analyzes a 12000, Reno, NV 89520, phone 775– Recreation Resource Advisory Council proposed right-of-way for groundwater 861–6681 or e-mail to: (RRAC) business; BLM State Director’s and conveyance facilities in Lincoln [email protected]. You may request update on statewide issues;

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presentations on BLM Route Evaluation INTERNATIONAL TRADE For further information concerning and Designation Process; Healthy Lands COMMISSION the conduct of this phase of the investigations, hearing procedures, and Initiative; and the National Landscape [Investigation Nos. 731–TA–1114 and 1115 Conservation System; Discussion on the (Final)] rules of general application, consult the 2008 RAC Annual Work Plan; RAC Commission’s Rules of Practice and questions on BLM Field Managers Certain Steel Nails From China and the Procedure, part 201, subparts A through Rangeland Resource Team proposals; United Arab Emirates E (19 CFR part 201), and part 207, and, reports by RAC working groups. A subparts A and C (19 CFR part 207). AGENCY: United States International DATES: Effective Date: January 23, 2008. public comment period will be provided Trade Commission. at 11:30 a.m. on March 6, 2007, for any FOR FURTHER INFORMATION CONTACT: Fred ACTION: Scheduling of the final phase of Ruggles (202–205–3187/ interested persons who wish to address antidumping investigations. the Council on BLM programs and [email protected]), Office of business. SUMMARY: The Commission hereby gives Investigations, U.S. International Trade notice of the scheduling of the final Commission, 500 E Street SW., Under the Federal Lands Recreation Washington, DC 20436. Hearing- Enhancement Act, the RAC has been phase of antidumping investigation Nos. 731–TA–1114 and 1115 (Final) under impaired persons can obtain designated the RRAC, and has the section 735(b) of the Tariff Act of 1930 information on this matter by contacting authority to review all BLM and Forest (19 U.S.C. 1673d(b)) (the Act) to the Commission’s TDD terminal on 202– Services (FS) recreation fee proposals in determine whether an industry in the 205–1810. Persons with mobility Arizona. The afternoon meeting agenda United States is materially injured or impairments who will need special on March 6 will include review and threatened with material injury, or the assistance in gaining access to the discussion of the Recreation establishment of an industry in the Commission should contact the Office Enhancement Act (REA) Working Group United States is materially retarded, by of the Secretary at 202–205–2000. Report, REA Work Group meeting reason of less-than-fair-value imports General information concerning the schedule and future BLM/FS recreation from China and the United Arab Commission may also be obtained by fee proposals. In addition, the following Emirates of certain steel nails, provided accessing its internet server (http:// FS fee proposal will be discussed: for in subheadings 7317.00.55, www.usitc.gov). The public record for 7317.00.65, and 7317.00.75 of the these investigations may be viewed on (1) Kentucky Camp Headquarters the Commission’s electronic docket Building (Coronado National Forest)— Harmonized Tariff Schedule of the United States (HTSUS).1 (EDIS) at http://edis.usitc.gov. The Forest Service is considering a SUPPLEMENTARY INFORMATION: change in permit fees for rental of 1 For purposes of these investigations, the Background. The final phase of these historic structures at Kentucky Camp. Department of Commerce has defined the subject investigations is being scheduled as a The current fee is $75/night to rent the merchandise as ‘‘certain steel nails having a shaft result of affirmative preliminary small restored cabin, which length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and determinations by the Department of accommodates up to 5 people. The nails that are cut. Certain steel nails may be of one Commerce that imports of certain steel proposed fee increase of $200 will piece construction or constructed of two or more nails from China and the United Arab include 2-nights’ rental of the cabin and pieces. Certain steel nails may be produced from Emirates are being sold in the United any type of steel, and have a variety of finishes, 1-day-use rental of the restored heads, shanks, point types, shaft lengths and shaft States at less than fair value within the Headquarters building, accommodating diameters. Finishes include, but are not limited to, meaning of section 733 of the Act (19 up to 50 people. The proposed fees are coating in vinyl, zinc (galvanized, whether by U.S.C. 1673b). These investigations in line with those charged by the nearest electroplating or hot-dipping one or more times), were requested in a petition filed on phosphate cement, and paint. Head styles include, May 29, 2007, by Davis Wire private enterprise offering similar but are not limited to, flat, projection, cupped, oval, facilities. brad, headless, double, countersunk, and sinker. Corporation (Irwindale, CA), Gerdau Shank styles include, but are not limited to, Ameristeel Corporation (Tampa, FL), After completing their RRAC smooth, barbed, screw threaded, ring shank and Maze Nails (Peru, IL), Mid Continent business, the BLM RAC will provide fluted shank styles. Screw-threaded nails subject to Nail Corporation (Poplar Bluff, MO), recommendations to the RAC this proceeding are driven using direct force and not by turning the fastener using a tool that engages and Treasure Coast Fasteners, Designated Federal Official on the fee with the head. Point styles include, but are not Incorporated (Fort Pierce, FL). proposal and discuss future RAC limited to, diamond, blunt, needle, chisel and no Participation in the investigations and meetings and locations. point. Finished nails may be sold in bulk, or they public service list. Persons, including may be collated into strips or coils using materials DATES: Effective Date: March 6, 2008. such as plastic, paper, or wire. Certain steel nails industrial users of the subject subject to this proceeding are currently classified merchandise and, if the merchandise is FOR FURTHER INFORMATION CONTACT: under the Harmonized Tariff Schedule of the sold at the retail level, representative Deborah Stevens, Bureau of Land United States (HTSUS) subheadings 7317.00.55, consumer organizations, wishing to 7317.00.65 and 7317.00.75. Excluded from the Management, Arizona State Office, One scope of this proceeding are roofing nails of all participate in the final phase of these North Central Avenue, Suite 800, lengths and diameter, whether collated or in bulk, investigations as parties must file an Phoenix, Arizona 85004–4427, 602– and whether or not galvanized. Steel roofing nails entry of appearance with the Secretary 417–9504. are specifically enumerated and identified in ASTM to the Commission, as provided in Standard F 1667 (2005 revision) as Type I, Style 20 section 201.11 of the Commission’s Helen M. Hankins, nails. Also excluded from the scope of this proceeding are corrugated nails. A corrugated nail Associate State Director is made of a small strip of corrugated steel with proceeding are certain brads and finish nails that [FR Doc. 08–550 Filed 2–7–08; 8:45 am] sharp points on one side. Also excluded from the are equal to or less than 0.0720 inches in shank scope of this proceeding are fasteners suitable for diameter, round or rectangular in cross section, BILLING CODE 4310–32–M use in powder-actuated hand tools, not threaded between 0.375 inches and 2.5 inches in length, and and threaded, which are currently classified under that are collated with adhesive or polyester film HTSUS 7317.00.20 and 7317.00.30. Also excluded tape backed with a heat seal adhesive. While the from the scope of this proceeding are thumb tacks, HTSUS subheadings are provided for convenience which are currently classified under HTSUS and customs purposes, the written description of 7317.00.10.00. Also excluded from the scope of this the scope of these investigations is dispositive.’’

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rules, no later than 21 days prior to the Written submissions.—Each party must be timely filed. The Secretary will hearing date specified in this notice. A who is an interested party shall submit not accept a document for filing without party that filed a notice of appearance a prehearing brief to the Commission. a certificate of service. during the preliminary phase of the Prehearing briefs must conform with the Authority: These investigations are being investigations need not file an provisions of section 207.23 of the conducted under authority of title VII of the additional notice of appearance during Commission’s rules; the deadline for Tariff Act of 1930; this notice is published this final phase. The Secretary will filing is June 3, 2008. Parties may also pursuant to section 207.21 of the maintain a public service list containing file written testimony in connection Commission’s rules. the names and addresses of all persons, with their presentation at the hearing, as Issued: February 4, 2008. or their representatives, who are parties provided in section 207.24 of the By order of the Commission. Commission’s rules, and posthearing to the investigations. Marilyn R. Abbott, Limited disclosure of business briefs, which must conform with the Secretary to the Commission. proprietary information (BPI) under an provisions of section 207.25 of the administrative protective order (APO) Commission’s rules. The deadline for [FR Doc. E8–2333 Filed 2–7–08; 8:45 am] and BPI service list. Pursuant to section filing posthearing briefs is June 17, BILLING CODE 7020–02–P 207.7(a) of the Commission’s rules, the 2008; witness testimony must be filed Secretary will make BPI gathered in the no later than three days before the final phase of these investigations hearing. In addition, any person who DEPARTMENT OF JUSTICE available to authorized applicants under has not entered an appearance as a party to the investigations may submit a the APO issued in the investigations, Antitrust Division provided that the application is made written statement of information no later than 21 days prior to the pertinent to the subject of the Notice Pursuant to the National hearing date specified in this notice. investigations, including statements of Cooperative Research and Production Authorized applicants must represent support or opposition to the petition, on Act of 1993—National Shipbuilding interested parties, as defined by 19 or before June 17, 2008. On July 1, 2008, Research Program (‘‘NSRP’’) U.S.C. 1677(9), who are parties to the the Commission will make available to investigations. A party granted access to parties all information on which they Notice is hereby given that, on BPI in the preliminary phase of the have not had an opportunity to December 20, 2007, pursuant to Section investigations need not reapply for such comment. Parties may submit final 6(a) of the National Cooperative access. A separate service list will be comments on this information on or Research and Production Act of 1993, maintained by the Secretary for those before July 3, 2008, but such final 15 U.S.C. 4301 et seq. (‘‘the Act’’), parties authorized to receive BPI under comments must not contain new factual National Shipbuilding Research the APO. information and must otherwise comply Program (‘‘NSRP’’) has filed written with section 207.30 of the Commission’s Staff report. The prehearing staff notifications simultaneously with the rules. All written submissions must report in the final phase of these Attorney General and the Federal Trade conform with the provisions of section investigations will be placed in the Commission disclosing changes in its 201.8 of the Commission’s rules; any nonpublic record on May 27, 2008, and membership status. The notifications submissions that contain BPI must also a public version will be issued were filed for the purpose of extending conform with the requirements of thereafter, pursuant to section 207.22 of the Act’s provisions limiting the sections 201.6, 207.3, and 207.7 of the the Commission’s rules. recovery of antitrust plaintiffs to actual Commission’s rules. The Commission’s Hearing. The Commission will hold a damages under specified circumstances. rules do not authorize filing of Specifically, Manitowoc Marine Group, hearing in connection with the final submissions with the Secretary by phase of these investigations beginning Marinette, WI has been added as a party facsimile or electronic means, except to to this venture. at 9:30 a.m. on June 10, 2008, at the U.S. the extent permitted by section 201.8 of International Trade Commission the Commission’s rules, as amended, 67 No other changes have been made in Building. Requests to appear at the FR 68036 (November 8, 2002). Even either the membership or planned hearing should be filed in writing with where electronic filing of a document is activity of the group research project. the Secretary to the Commission on or permitted, certain documents must also Membership in this group research before June 3, 2008. A nonparty who has be filed in paper form, as specified in II project remains open, and NSRP intends testimony that may aid the (C) of the Commission’s Handbook on to file additional written notification Commission’s deliberations may request Electronic Filing Procedures, 67 FR disclosing all changes in membership. permission to present a short statement 68168, 68173 (November 8, 2002). On March 13, 1998, NSRP filed its at the hearing. All parties and Additional written submissions to the original notification pursuant to Section nonparties desiring to appear at the Commission, including requests 6(a) of the Act. The Department of hearing and make oral presentations pursuant to section 201.12 of the Justice published a notice in the Federal should attend a prehearing conference Commission’s rules, shall not be Register pursuant to Section 6(b) of the to be held at 9:30 a.m. on June 4, 2008, accepted unless good cause is shown for Act on January 29, 1999 (64 FR 4708). at the U.S. International Trade accepting such submissions, or unless The last notification was filed with Commission Building. Oral testimony the submission is pursuant to a specific the Department on February 17, 2004. A and written materials to be submitted at request by a Commissioner or notice was published in the Federal the public hearing are governed by Commission staff. Register pursuant to Section 6(b) of the sections 201.6(b)(2), 201.13(f), and In accordance with sections 201.16(c) Act on March 4, 2004 (69 FR 10263). 207.24 of the Commission’s rules. and 207.3 of the Commission’s rules, Parties must submit any request to each document filed by a party to the Patricia A. Brink, present a portion of their hearing investigations must be served on all Deputy Director of Operations, Antitrust testimony in camera no later than 7 other parties to the investigations (as Division. business days prior to the date of the identified by either the public or BPI [FR Doc. 08–563 Filed 2–7–08; 8:45 am] hearing. service list), and a certificate of service BILLING CODE 4410–11–M

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DEPARTMENT OF JUSTICE filed for the purpose of extending the filed for the purpose of extending the Act’s provisions limiting the recovery of Act’s provisions limiting the recovery of Antitrust Division antitrust plaintiffs to actual damages antitrust plaintiffs to actual damages under specified circumstances. under specified circumstances. Notice Pursuant to the National Specifically, Capella University, Specifically, Santa Barbara Infrared, Cooperative Research and Production Minneapolis, MN; John Wiley & Sons, Santa Barbara, CA has withdrawn as a Act of 1993—NanoCable ATP Project Higher Education, Hoboken, NJ; The party to this venture. No. 70NANB7H7043 Pennsylvania State University, No other changes have been made in Notice is hereby given that, on University Park, PA; Tele-Universite, either the membership or planned November 15, 2007, pursuant to Section Montreal, Quebec, Canada; Tennessee activity of ther group research project. 6(a) of the National Cooperative Board of Regents—Campus Collective, Membership in this group research Research and Production Act of 1993, Nashville, TN; University of North project remains open, and 15 U.S.C. 4301 et seq. (‘‘the Act’’), Carolina—Wilmington, Wilmington, Interchangeable Virtual Instruments NanoCable ATP Project No. NC; and University of Toronto, Toronto, Foundation, Inc. intends to file 70NANB7H7043 has filed written Ontario, Canada have been added as additional written notifications notifications simultaneously with the parties to this venture. Also, Indiana disclosing all ahcanges in membership. Attorney General and the Federal Trade University Purdue University On May 29, 2001, Interchangeable Commission disclosing (1) the identities Indianapolis, Indianapolis, IN; and Virtual Instruments Foundation, Inc. of the parties and (2) the nature and Committee on Institutional Cooperation, filed its original notification pursuant to objectives of the venture. The University Park, PA have withdrawn as Section 6(a) of the Act. The Department notifications were filed for the purpose parties to this venture. of Justice published a notice in the of invoking the Act’s provisions limiting No other changes have been made in Federal Register pursuant to Section the recovery of antitrust plaintiffs to either the membership or planned 6(b) of the Act on July 30, 2001 (66 FR actual damages under specified activity of the group research project. 39336). circumstances. Membership in this group research The last notification was filed with Pursuant to Section 6(b) of the Act, project remains open, and IMS Global the Department on October 10, 2007. A the identifies of the parties to the Learning Consortium, Inc. intends to file notice was published in the Federal venture are: NanoRidge Materials, Inc., additional written notifications Register pursuant to Section 6(b) of the Houston, TX; and The Boeing Company, disclosing all changes in membership. Act on November 7, 2007 (72 FR 6265). On April 7, 2000, IMS Global Huntington Beach, CA. The general area Patricia A. Brink, of planned activity for NanoCable ATP Learning Consortium, Inc. filed its original notification pursuant to Section Deputy Director of Operations, Antitrust Project No. 70NANB7H7043 is to Division. develop a lightweight electrically 6(a) of the Act. The Department of [FR Doc. 08–561 Filed 2–7–08; 8:45 am] conductive wire/cable utilizing Justice published a notice in the Federal conductive carbon nanotubes embedded Register pursuant to Section 6(b) of the BILLING CODE 4410–11–M in a polymer matrix. Act on September 13, 2000 (65 FR The activities of this venture project 55283). DEPARTMENT OF JUSTICE will be partially funded by an award The last notification was filed with from the Advanced Technology the Department on October 18, 2007. A Antitrust Division Program, National Institute of Standards notice was published in the Federal and Technology, U.S. Department of Register pursuant to Section 6(b) of the Notice Pursuant to the National Commerce. Act on December 3, 2007 (72 FR 67965). Cooperative Research and Production Act of 1993—Network Centric Patricia A. Brink, Patricia A. Brink, Operations Industry Consortium, Inc. Deputy Director of Operations, Antitrust Deputy Director of Operations, Antitrust Division. Division. Notice is hereby given that, on [FR Doc. 08–559 Filed 2–7–08; 8:45 am] [FR Doc. 08–560 Filed 2–7–08; 8:45 am] January 8, 2008, pursuant to Section 6(a) BILLING CODE 4410–11–M BILLING CODE 4410–11–M of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Network DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Centric Operations Industry Consortium, Inc. has filed written Antitrust Division Antitrust Division notifications simultaneously with the Notice Pursuant to the National Notice Pursuant to the National Attorney General and the Federal Trade Cooperative Research and Production Cooperative Research and Production Commission disclosing changes in its Act of 1993—IMS Global Learning act of 1993—Interchangeable Virtual membership. The notifications were Consortium, Inc. Instruments Foundation, Inc. filed for the purpose of extending the Act’s provisions limiting the recovery of Notice is hereby given that, on A notice is hereby given that, on antitrust plaintiffs to actual damages January 10, 2008, pursuant to Section December 21, 2007, pursuant to Section under specified circumstances. 6(a) of the National Cooperative 6(a) of the National Cooperative Specifically, Themis Computer, Research and Production Act of 1993, Research and Production act of 1993, 15 Fremont, CA; Wind River Systems, 15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS U.S.C. 4301 et seq. (‘‘the Act’’), Alameda, CA; SteelCloud, Herndon, VA; Global Learning Consortium, Inc. has Interchangeable Virtual Instruments SGI, Mountain View, CA; and S.C. filed written notifications Foundation, Inc. has filed written SIVECO Romania S.A., Bucharest, simultaneously with the Attorney notifications simultaneously with the Romania have withdrawn as parties to General and the Federal Trade Attorney General and the Federal Trade this venture. Commission disclosing changes in its Commission disclosing changes in its No other changes have been made in membership. The notifications were membership. The notifications were either the membership or planned

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activity of the group research project. adaptive behavior clinical test, the Reed Elsevier, NV (collectively ‘‘Reed Membership in this group research Adaptive Behavior Assessment System; Elsevier’’), and to obtain equitable and project remains open, and Network (2) Harcourt’s adult abnormal other relief. The United States Centric Operations Industry personality clinical test, the Emotional complains and alleges as follows: Consortium, Inc. intends to file Assessment System, which is under I. Nature of the Action additional written notifications development; and (3) in the speech and disclosing all changes in membership. language clinical test market, either 1. On or about May 4, 2007, and On November 19, 2004, Network Pearson’s Comprehensive Assessment of amended on May 21, 2007, Pearson and Centric Operations Industry Spoken Language and the Oral and Reed Elsevier signed a sale and Consortium, Inc. filed its original Written Language Scales or Harcourt’s purchase agreement for Pearson to notification pursuant to Section 6(a) of Clinical Evaluation of Language acquire all of the outstanding voting the Act. The Department of Justice Fundamentals. securities of Harcourt, as well as published a notice in the Federal Copies of the Complaint, proposed additional Reed Elsevier assets, for Register pursuant to Section 6(b) of the Final Judgment, and Competitive Impact approximately $950 million in cash. Act on February 2, 2005 (70 FR 5486). Statement are available for inspection at 2. Pearson and Harcourt both develop, The last notification was filed with the United States Department of Justice, publish, market, sell, and distribute the Department on October 12, 2007. A Antitrust Division, Antitrust Documents individually-administered standardized notice was published in the Federal Group, 325 7th Street, NW., Room 215, norm-referenced comprehensive clinical Register pursuant to Section 6(b) of the Washington, DC 20530 (telephone: 202– tests (hereafter ‘‘clinical tests’’), Act on November 7, 2007 (72 FR 62866). 514–2481), on the United States including adaptive behavior and speech and language clinical tests. Pearson’s Patricia A. Brink, Department of Justice’s Web site at http://www.usdoj.gov/atr, and at the proposed acquisition of Harcourt would Deputy Director of Operations, Antitrust combine the two largest publishers of Division. Office of the Clerk of the United States District Court for the District of such tests in the United States. Pearson [FR Doc. 08–562 Filed 2–7–08; 8:45 am] also develops, publishes, markets, sells, BILLING CODE 4410–11–M Columbia. Copies of these materials may be obtained from the Antitrust Division and distributes market-leading adult upon request and payment of the abnormal personality clinical tests. DEPARTMENT OF JUSTICE copying fee set by United States Harcourt has invested substantial Department of Justice regulations. resources in the development of a new Antitrust Division Public comment is invited within 60 adult abnormal personality clinical test days of the date of this notice. Such and plans to enter the market for such United States v. Pearson PLC, Pearson comments, and responses thereto, will tests within the next year. Education Inc., Reed Elsevier PLC, be published in the Federal Register 3. The markets for adaptive behavior, Reed Elsevier NV, and Harcourt and filed with the Court. Comments speech and language, and adult Assessment Inc.; Proposed Final should be directed to James J. Tierney, abnormal personality clinical tests are Judgment and Competitive Impact Chief, Networks and Technology highly concentrated and there are high Statement Enforcement Section, Antitrust barriers to enter these markets. Pearson’s proposed acquisition of Notice is hereby given pursuant to the Division, United States Department of Justice, 600 E Street, NW., Suite 9500, Harcourt will eliminate competition Antitrust Procedures and Penalties Act, between Pearson and Harcourt in these 15 U.S.C. 16(b)–(h), that a proposed Washington, DC 20530 (telephone: 202– 307–6200). markets. Final Judgment, Stipulation, and 4. The United States brings this action Competitive Impact Statement have Patricia A. Brink, to prevent Pearson’s proposed been filed with the United States Deputy Director of Operations. acquisition of Harcourt because it would District Court for the District of UNITED STATES OF AMERICA Department substantially lessen competition in the Columbia in United States v. Pearson of Justice, Antitrust Division, 600 E Street, markets for adaptive behavior, speech plc, Pearson Education Inc., Reed NW., Suite 9500, Washington, DC 20530, and language, and adult abnormal Elsevier PLC, Reed Elsevier NV, and Plaintiff, v. Pearson PLC, 80 Strand WC2R personality clinical tests in violation of Harcourt Assessment Inc., Civil Action 0RL London, England; Pearson Education Section 7 of the Clayton Act, Inc., One Lake Street, Upper Saddle River, No. 1:08–cv–00143. On January 24, 15 U.S.C. 18. 2008, the United States filed a New Jersey 07458; Reed Elsevier PLC, 1– Complaint to enjoin the proposed 3 Strand WC2N 5JR London, England; Reed II. Parties to the Proposed Acquisition Elsevier NV, Radarweg 29, 1043 NX acquisition by Pearson plc and Pearson Amsterdam, The Netherlands; Harcourt 5. Pearson plc, a U.K. corporation Education Inc. (collectively ‘‘Pearson’’), Assessment Inc., 14500 Bulverde Road, with its headquarters in London, of Harcourt Assessment Inc. San Antonio, Texas 78259, Defendants. England, operates businesses in (‘‘Harcourt’’), a wholly-owned [Case No.: 1:08–cv–00143, Judge: Kollar- educational publishing, business subsidiary of Reed Elsevier PLC and Kotelly, Colleen, Deck Type: Antitrust, Date information, and consumer publishing. Reed Elsevier, NV, and to obtain Stamp: 1/24/2008] Pearson Education Inc. (hereafter equitable and other relief. The ‘‘Pearson Education’’), a wholly-owned Complaint alleges that Pearson’s Complaint subsidiary of Pearson plc, is a Delaware acquisition of Harcourt would The United States of America, acting corporation with its headquarters in substantially lessen competition in the under the direction of the Attorney Upper Saddle River, New Jersey. markets for adaptive behavior, speech General of the United States, brings this Pearson Education develops, markets, and language, and adult abnormal civil antitrust action to enjoin the sells, and distributes clinical tests personality clinical tests in violation of proposed acquisition by Pearson plc and throughout the United States. section 7 of the Clayton Act, 15 U.S.C. Pearson Education Inc. (collectively 6. Reed Elsevier PLC; a U. K. 18. The proposed Final Judgment, filed ‘‘Pearson’’), of Harcourt Assessment Inc. corporation with its headquarters at the same time as the Complaint, (hereafter ‘‘Harcourt’’), a wholly-owned located in London, England, and Reed requires Pearson to divest: (1) Harcourt’s subsidiary of Reed Elsevier PLC and Elsevier NV, a Dutch corporation with

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its headquarters located in Amsterdam, and then determining an average test behavioral or emotional scales, do not Netherlands, jointly own Harcourt. score. Norm-referenced tests can then be assess the same domains as do adaptive Harcourt, a New York corporation with used to compare an individual’s test behavior clinical tests. Moreover, non- its headquarters located in San Antonio, score to an average test score of standardized, non-norm-referenced Texas, develops, markets, sells, and similarly-situated individuals. adaptive behavior tests are not distributes clinical tests throughout the 14. Comprehensive tests are tests that substitutes for adaptive behavior United States. fully assess the subject area being tested, clinical tests because they do not as well as its various domains and provide the same levels of validity or III. Jurisdiction and Venue degrees of affliction. By contrast, non- reliability as clinical tests. 7. The United States brings this action comprehensive tests, often termed 19. A small but significant post- under Section 15 of the Clayton Act, as ‘‘screeners,’’ are far less thorough and acquisition increase in the price of amended, 15 U.S.C. 25, to prevent and may be designed simply to indicate the adaptive behavior clinical tests would restrain the Defendants from violating likely presence or absence of a disorder not cause customers to substitute other Section 7 of the Clayton Act, 15 U.S.C. or disability. types of tests, or to otherwise reduce 18. 15. In addition to clinical tests, non- their purchases of adaptive behavior 8. Defendants develop, market, sell, standardized, non-norm-referenced clinical tests, in sufficient quantities so and distribute clinical tests in the flow assessments (e.g., charts published in as to make such a price increase of interstate commerce. Defendants’ books or journals, single-scale tests, and unprofitable. activities in developing, marketing, free material available on the internet) 20. Accordingly, the development, selling, and distributing these products are available to school psychologists marketing, sale, and distribution of substantially affect interstate commerce. and clinicians. However, such test adaptive behavior clinical tests This Court has subject matter materials are inferior to clinical tests constitutes a line of commerce and a jurisdiction over this action pursuant to because they do not provide the same relevant product market pursuant to Section 12 of the Clayton Act, 15 U.S.C. levels of validity and reliability, nor can Section 7 of the Clayton Act. 22, and 28 U.S.C. 1331, 1337(a), and they be used in many situations in 2. Speech and Language Clinical Tests 1345. which a clinical test is required, for 21. Pearson and Harcourt each 9. Defendants have consented to example, where such tests must be publish market-leading speech and venue and personal jurisdiction in this administered before a certain diagnosis language clinical tests. Pearson judicial district and venue is proper or classification can be made in order publishes two such tests known as the under 28 U.S.C. 1391 (d). for an individual to qualify for special Comprehensive Assessment of Spoken services, such as special education or IV. Trade and Commerce Language and the Oral and Written speech and language instruction. A. Clinical Tests Generally Language Scales, each of which is in its B. Relevant Product Markets first edition. Harcourt publishes a 10. Psychologists and clinicians, speech and language clinical test known 1. Adaptive Behavior Clinical Tests among others, use a variety of clinical as the Clinical Evaluation of Language tests to test for, and diagnose 16. Pearson and Harcourt each Fundamentals, which is currently in its individuals with, certain disorders or publish the market-leading adaptive fourth edition. disabilities, as well as to identify behavior clinical tests. Pearson 22. Speech-language pathologists, individuals at risk for such disorders or publishes the Vineland Adaptive among others, use speech and language disabilities. Clinical tests can also be Behavior Scales, which is currently in clinical tests to diagnose individuals used to develop and provide its second edition, and Harcourt having difficulties with understanding intervention strategies for, and to publishes the Adaptive Behavior others, expressing thoughts and ideas, monitor the progress of treatments for, Assessment System, which is currently producing speech sounds, as well as such disorders or disabilities. in its second edition. other related difficulties. Speech and 11. Publishers, including the 17. School psychologists and language clinical tests assess various Defendants, develop, edit, standardize, clinicians, among others, use adaptive domains, including receptive and norm-reference, market, and distribute behavior clinical tests to assess an expressive language. clinical tests for a wide range of individual’s competence in meeting 23. Non-comprehensive speech and disorders and disabilities that have been their independent needs and satisfying language tests, such as those that only designed and authored by leading the social demands of their assess narrow speech and language experts in such disciplines. environment. Generally, adaptive domains, are not substitutes for speech 12. Standardization is the process of behavior tests assess three broad and language clinical tests because such developing a test that reliably, validly, domains of adaptive behavior: tests are not sufficiently broad to assess and consistently assesses a specific conceptual (e.g., communication, all relevant areas of speech and discipline. Standardized tests are functional academics, self-direction, language. Moreover, non-standardized, authored, designed, and developed so and health and safety), social (e.g., non-norm-referenced speech and that the test materials, test procedures, social skills and leisure), and practical language tests are not substitutes for and test scoring are consistent across (e.g., self-care, home living, community speech and language clinical tests each test administration. Standardized use, and work). because they do not provide the same test scores can then be documented 18. Non-comprehensive adaptive levels of validity or reliability as clinical empirically and compared across test behavior tests, such as those that only tests. administrations. assess narrow adaptive behavior 24. A small but significant post- 13. Norm-referencing is the process of domains, are not substitutes for adaptive acquisition increase in the price of determining average test scores across behavior clinical tests because such speech and language clinical tests demographics. Publishers norm- tests are not sufficiently broad to assess would not cause customers to substitute reference a standardized test by all relevant areas of adaptive behavior. other types of tests, or to otherwise administering the test to a Other adaptive behavior assessment reduce their purchases of speech and representative sample of individuals scales, such as neuropsychological language clinical tests, in sufficient

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quantities so as to make such a price would not cause customers to substitute tests would not be sufficient to increase unprofitable. other types of tests, or to otherwise constrain the unilateral exercise of 25. Accordingly, the development, reduce their purchases of adult market power by Pearson after the marketing, sale, and distribution of abnormal personality clinical tests, in acquisition. A significant number of speech and language clinical tests sufficient quantities so as to make such customers regard Pearson and Harcourt constitutes a line of commerce and a a price increase unprofitable. as their first and second choices when relevant product market pursuant to 31. Accordingly, the development, purchasing adaptive behavior clinical Section 7 of the Clayton Act. marketing, sale, and distribution of tests, and consider such tests from other adult abnormal personality clinical tests 3. Adult Abnormal Adult Personality publishers to be a distant third choice. constitutes a line of commerce and a Clinical Tests Therefore, an insufficient number of relevant product market pursuant to customers of adaptive behavior clinical 26. Pearson publishes two series of Section 7 of the Clayton Act. tests would purchase a competing adult abnormal personality clinical tests C. Relevant Geographic Market publisher’s test to defeat an anti- known as the Minnesota Multiphasic competitive price increase by Pearson. Personality Inventories, which are 32. The Defendants sell adaptive 39. The proposed acquisition will currently in their second edition, and behavior, and speech and language therefore substantially lessen the Millon Clinical Multiaxial clinical tests throughout the United competition in the development, Inventories, which are currently in their States to psychologists, clinicians, marketing, sale, and distribution of third edition. Harcourt is developing an speech-language pathologists, and adaptive behavior clinical tests in the adult abnormal personality clinical test others. Pearson also sells adult United States in violation of Section 7 known as the Emotional Assessment abnormal personality tests to of the Clayton Act. System that it expects to make psychologists, clinicians, and others in commercially available in late 2008. the United States. In the United States, 2. Speech and Language Clinical Tests 27. Adult abnormal personality tests customers would not purchase clinical 40. The proposed acquisition will are generally used by clinicians and tests published outside the United eliminate price and innovation psychologists to diagnose and assess States because such tests have not been competition between Pearson and chronic, inflexible, and maladaptive standardized or norm-referenced on Harcourt in the market for speech and patterns of perceiving, thinking, and samples of individuals located in the language clinical tests throughout the behaving that seriously impair an United States. individual’s ability to function in social 33. A small but significant post- United States. settings. Such disorders include clinical acquisition increase in the price of 41. The speech and language clinical disorders, such as anxiety, as well as adaptive behavior, speech and language, test market is highly concentrated. personality disorders, such as paranoia. and adult abnormal personality clinical Harcourt and Pearson’s revenues Many clinicians employ adult abnormal tests would not cause customers to turn currently account for approximately 64 personality clinical tests to obtain to clinical tests published outside of the percent and 26 percent ofthe revenues comprehensive diagnoses of both kinds. United States for the purchase of such of the market, respectively. Pearson’s 28. Other methods of assessing tests. proposed acquisition of Harcourt would abnormal personality, such as using 34. Accordingly, the United States therefore result in a post-merger share of structured interviews or non- constitutes the relevant geographic approximately 90 percent of the speech standardized tests (including market pursuant to Section 7 of the and language clinical test market. Only developing one’s own tests), are inferior Clayton Act. one other firm in the United States to adult abnormal personality clinical develops, markets, and publishes a D. Anticompetitive Effects: Reduced competing speech and language clinical tests because they do not have the same Price and Innovation Competition degree of reliability, and because test, and that test accounts for the interpreting one’s own tests would 1. Adaptive Behavior Clinical Tests remaining 10 percent of the market, on introduce subjective elements into the 35. The proposed acquisition will a revenue basis. analysis not present with the use of eliminate price and innovation 42. The proposed acquisition will clinical tests. In addition, in some competition between Pearson and substantially increase the likelihood locations, for some applications, clinical Harcourt in the market for adaptive that Pearson will unilaterally increase tests are required by law and other behavior clinical tests throughout the the price, or reduce the number or methods of assessment cannot be used. United States. quality, of speech and language clinical 29. Non-comprehensive adult 36. The adaptive behavior clinical test tests published in the United States. abnormal personality tests, such as market is highly concentrated. Pearson 43. Any response of the competing those that only assess certain clinical or and Harcourt’s revenues currently publisher of speech and language personality disorders, are not substitutes account for approximately 66 percent clinical tests would not be sufficient to for adult abnormal personality clinical and 26 percent of the revenues of the constrain the unilateral exercise of tests because such tests are not market, respectively. Pearson’s market power by Pearson after the sufficiently broad to assess all relevant proposed acquisition of Harcourt would acquisition because there are a disorders of adult abnormal personality. therefore result in a post-merger share of significant number of customers who Moreover, non-standardized, non-norm- approximately 92 percent of the regard Pearson and Harcourt’s speech referenced adult abnormal personality adaptive behavior clinical test market. and language clinical tests as their first tests are not substitutes for adult 37. The proposed acquisition will and second choices, and consider the abnormal personality clinical tests substantially increase the likelihood competing publisher’s test to be a because they do not provide the same that Pearson will unilaterally increase distant third. Therefore, an insufficient levels of validity or reliability as clinical the price, or reduce the number or number of customers of speech and tests. quality, of adaptive behavior clinical language clinical tests would purchase 30. A small but significant post- tests published in the United States. the competing publisher’s test to defeat acquisition increase in the price of adult 38. Any response of competing an anti-competitive price increase by abnormal personality clinical tests publishers of adaptive behavior clinical Pearson.

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44. The proposed acquisition will 49. The proposed acquisition will clinical tests in the United States will be therefore substantially lessen therefore substantially lessen eliminated; competition in the development, competition in the development, c. Prices for adaptive behavior clinical marketing, sale, and distribution of marketing, sale, and distribution of tests in the United States likely will speech and language clinical tests in the adult abnormal personality clinical tests increase, and innovation likely will United States in violation of Section 7 in the United States in violation of decline; of the Clayton Act. section 7 of the Clayton Act. d. Competition in the speech and language clinical test market in the 3. Adult Abnormal Personality Clinical E. Entry: New Entrants Will Not Defeat United States will be lessened Tests an Exercise of Market Power substantially; 45. The proposed acquisition will 50. Successful entry into the markets e. Actual and potential competition eliminate price and innovation for the development, marketing, sale, between Pearson and Harcourt in the competition between Pearson and and distribution of adaptive behavior, development, marketing, sale, and Harcourt in the market for adult speech and language, and adult distribution of speech and language abnormal personality clinical tests. abnormal personality clinical tests in clinical tests in the United States will be 46. The adult abnormal personality the United States is difficult, time eliminated; clinical test market is highly consuming, and costly. f. Prices for speech and language concentrated and dominated by 51. Entry into such markets in the clinical tests in the United States likely Pearson, which accounts for United States takes many years. A new will increase, and innovation likely will approximately 93 percent of the entrant would need to contract with an decline; revenues for such tests. After many author qualified to write a clinical test g. Competition in the adult abnormal years of trying, only one other publisher and then assemble a sophisticated personality clinical test market in the in the United States has managed to editorial staff to develop the test. United States will be lessened obtain more than an insignificant share Clinical test development requires substantially; of this market. Customers prefer analyzing, editing, standardizing, and h. Actual and potential competition Pearson’s tests and have made a norm-referencing a new test, which between Pearson and Harcourt in the significant investment in learning how takes two to four years to complete. development, marketing, sale, and to work with and use Pearson’s tests. 52. New entrants also would need to distribution of adult abnormal Such customers are committed to convince customers to switch from their personality clinical tests in the United Pearson’s tests and thus far have been current adaptive behavior, speech and States will be eliminated; and unwilling to substitute another test. The language, or adult abnormal personality i. Potential decreases in prices for small share that Pearson’s only clinical test of choice to the entrant’s adult abnormal personality clinical tests competitor has gained after many years new test. in the United States likely will be is an indicator that customers consider 53. Therefore, entry by any firm into eliminated, and innovation likely will the competitor’s test to be a distant the markets for the development, decline. second choice to Pearson’s tests. marketing, sale, and distribution of VI. Request for Relief 47. Harcourt has invested substantial adaptive behavior, speech and language, resources over a prolonged period of and adult abnormal personality clinical 57. The United States requests that time in the development of a new tests would not be timely, likely, or this Court: computer-based adaptive adult sufficient to counter the anticompetitive a. Adjudge and decree the proposed abnormal personality clinical test that effects of Pearson’s proposed acquisition acquisition to violate section 7 of the will utilize computer technology to of Harcourt. Clayton Act, 15 U.S.C. 18; reduce test administration time. b. Enjoin and restrain the Defendants V. Violations Alleged Harcourt is in the standardization and and all persons acting on their behalf norm-referencing phase of development Cause of Action from consummating the proposed and is in the process of collecting data acquisition or from entering into or (Violation of Section 7 of the Clayton from clinical and non-clinical carrying out any contract, agreement, Act) examinees. Harcourt plans to enter the plan, or understanding, the effect of market for such tests to compete with 54. The United States incorporates the which would be to combine Pearson Pearson in 2008. To date, no other allegations of paragraphs 1 through 53 with the operations of Harcourt; publisher has formed plans to enter this above. c. Award the United States its costs market, and any potential entry by 55. The proposed acquisition of for this action; and another publisher would require Harcourt by Pearson would d. Grant the United States such other considerable lead time and development substantially lessen competition in and further relief as the Court deems effort of the sort that Harcourt has interstate trade and commerce in just and proper. already incurred. violation of section 7 of the Clayton Act, Respectfully submitted, 48. Harcourt plans to enter the market 15 U.S.C. 18. FOR PLAINTIFF UNITED STATES OF with a new adult abnormal personality 56. Unless restrained, the acquisition AMERICA: clinical test that will offer new features will have the following anticompetitive llll/s/llll effects, among others: and functionality that customers desire. Thomas O. Barnett (D.C. Bar #426840), Such new features and functionality are a. Competition in the adaptive Assistant Attorney General, Antitrust not currently offered by either Pearson behavior clinical test market in the Division. or the other competing publisher. United States will be lessened llll/s/llll Accordingly, Harcourt’s entry would substantially; David L. Meyer (D.C. Bar #414420), likely benefit clinicians and their b. Actual and potential competition Deputy Assistant Attorney General, Antitrust patients through price and innovation between Pearson and Harcourt in the Division. competition for adult abnormal development, marketing, sale, and llll/s/llll personality clinical tests. distribution of adaptive behavior Patricia A. Brink,

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Deputy Director of Operations, Antitrust this action. The Complaint states a Language Assets; and (3) the EAS Division. claim upon which relief may be granted Assets. llll/s/llll against Defendants under Section 7 of The Divestiture Assets include: James J. Tierney (D.C. Bar #434610), the Clayton Act, as amended (15 U.S.C. 1. All tangible assets that comprise Chief, Networks and Technology, 18). each of the Divestiture Assets including, Enforcement Section, Antitrust Division. but not limited to, all historic and llll/s/llll II. Definitions current research data and activities and Scott A. Scheele (D.C. Bar #429061), As used in this Final Judgment: development activities relating to the Assistant Chief, Networks and Technology, A. ‘‘Pearson’’ means Defendants Divestiture Assets; all original and Enforcement Section, Antitrust Division. Pearson plc, a U.K. corporation with its digital artwork, film plates and other llll llll /s/ headquarters in London, England, and reproductive materials relating to the Damon J. Kalt Pearson Education Inc., a Delaware Divestiture Assets including, but not Sanford M. Adler corporation with its headquarters in limited to, all manuscripts, illustrations, John C. Filippini (D.C. Bar #165159) Upper Saddle River, New Jersey, and Danielle M. Ganzi any other content, and any revisions or Attorneys, United States Department of includes their successors and assigns, revision plans thereof in print or digital Justice, Antitrust Division, Networks and and their subsidiaries, divisions, groups, form; all finished inventory of the Technology, Enforcement Section, 600 E affiliates, partnerships, and joint Divestiture Assets including, but not Street, NW., Suite 9500, Washington, DC ventures, and their directors, officers, limited to, all examination kits, 20530, (202) 307–6200. managers, agents, and employees. manuals, test booklets, record forms, Dated: January 24, 2008. B. ‘‘Reed Elsevier’’ means Defendants and response booklets; all contracts, Reed Elsevier PLC, a U.K. corporation agreements, commitments, Final Judgment with its headquarters in London, certifications, and understandings Whereas, Plaintiff, United States of England, Reed Elsevier NV, a Dutch relating to the Divestiture Assets, America, filed its Complaint on January corporation with its headquarters in including, but not limited to, publishing 24, 2008, and the United States and Amsterdam, Netherlands, and Harcourt agreements, author agreements, research Defendants, Pearson plc and Pearson Assessment Inc., (‘‘Harcourt’’) a New agreements, author permissions and Education Inc. (collectively ‘‘Pearson’’) York corporation with its headquarters other similar agreements, supply and and Reed Elsevier PLC, Reed Elsevier in San Antonio, Texas and includes distribution agreements for the NV, and Harcourt Assessment Inc. their successors and assigns, and their Divestiture Assets; all customer lists, (collectively ‘‘Reed Elsevier’’), by their subsidiaries, divisions, groups, contracts, accounts, and credit records respective attorneys, have consented to affiliates, partnerships, and joint or similar records of all sales and the entry of this Final Judgment without ventures, and their directors, officers, potential sales of the Divestiture Assets; trial or adjudication of any issue of fact managers, agents, and employees. all sales support and promotional or law, and without this Final Judgment C. ‘‘ABAS Assets’’ means Reed materials, advertising materials, and constituting any evidence against or Elsevier’s Adaptive Behavior production, sales and marketing files, admission by any party regarding any Assessment System (‘‘ABAS’’) first- and and all other records relating to the issue of fact or law; second-edition titles, incorporating the Divestiture Assets; And whereas, Defendants agree to be Downward Extension of the ABAS, and 2. All intangible assets used in the bound by the provisions of this Final Reed Elsevier’s ABAS Second Edition development, production, servicing, Judgment pending its approval by the Intervention Planner. sale and distribution of each of the Court; D. ‘‘Speech and Language Assets’’ Divestiture Assets, including, but not And whereas, the essence of this Final means (1) Pearson’s Comprehensive limited to, all patents, licenses and Judgment is the prompt and certain Assessment of Spoken Language, sublicenses, adaptation licenses, divestiture of certain rights or assets by (‘‘CASL’’) which is in its first edition intellectual property, copyrights, the Defendants to assure that (‘‘CASL Assets’’) and Pearson’s Oral and contract rights, trademarks (registered competition is not substantially Written Language Scales (‘‘OWLS’’), and unregistered), trade names, service lessened; including the Oral Expression and marks, and service names relating to the And whereas, the United States Listening Comprehension Scales, the Divestiture Assets, but excluding requires Defendants to make certain Written Expression Scale, and the corporate-level trademarks of Pearson divestitures for the purpose of OWLS second edition, which is under and Harcourt; all technical information, remedying the loss of competition development (collectively ‘‘OWLS computer software and related alleged in the Complaint; Assets’’) or (2) Reed Elsevier’s Clinical documentation, know-how, trade And whereas, Defendants have Evaluation of Language Fundamentals secrets, drawings, blueprints, designs, represented to the United States that the (‘‘CELF’’) including the first-, second-, design protocols, scoring rules, scoring divestitures required below can and will third-, and fourth-edition titles, the algorithms, and specifications for be made and that Defendants will later CELF Screener first-, second-, third-, materials relating to the Divestiture raise no claim of hardship or difficulty and fourth-edition titles, the CELF Assets; all quality assurance and control as grounds for asking the Court to Preschool first- and second-edition procedures, design tools and simulation modify any of the divestiture provisions titles, the CELF Spanish first-, capability relating to the Divestiture contained below; second-, third-, and fourth-edition titles, Assets; all manuals and technical Now therefore, before any testimony and the CELF Spanish Preschool, which information used for any purpose is taken, without trial or adjudication of is under development; excluding relating to the Divestiture Assets or that any issue of fact or law, and upon however, the Retained CMS and WMS Defendants provide to their own consent of the parties, it is ordered, Content (collectively ‘‘CELF Assets’’). employees, customers, suppliers, agents adjudged and decreed: E. ‘‘EAS Assets’’ means Reed or licensees for use in relation with the Elsevier’s Emotional Assessment System Divestiture Assets; and all other I. Jurisdiction (‘‘EAS’’), which is under development. intangible research data concerning This Court has jurisdiction over the F. ‘‘Divestiture Assets’’ means: (1) the historic and current research and subject matter and each of the parties to ABAS Assets; (2) the Speech and development efforts relating to the

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Divestiture Assets, including, but not OWLS Assets all technical information from the Digit Span and Mental Control limited to, designs of experiments, and and support necessary for the WMS subtests, respectively. the results of successful and distribution and administration of the III. Applicability unsuccessful designs and experiments; ASSIST Software; and 3. The OWLS Assets also specifically A license to the Acquirer of the CELF A. This Final Judgment applies to include all tangible assets relating to the Assets to use the Retained CMS and Pearson and Reed Elsevier, as defined development of the OWLS second- WMS Content to market, sell or above, and all other persons in active edition titles including, but not limited distribute any tests produced by the concert or participation with any of to, all research data and development CELF Assets. them who receive actual notice of this activities; all tryout and standardization G. ‘‘Acquirer’’ or ‘‘Acquirers’’ means Final Judgment by personal service or easels, administration materials, record the entity or entities to whom otherwise. forms, tryout data, standardization data, Defendants divest the Divestiture B. If, prior to complying with Sections and data for reliability and validity Assets. IV and V of this Final Judgment, Defendants sell or otherwise dispose of studies; H. ‘‘Scoring Assistant Software’’ all or substantially all of their assets or 4. The EAS Assets also specifically means Reed Elsevier’s software for of lesser business units that include the include all tangible and intangible computerized scoring of individually- Divestiture Assets, they shall require the assets relating to the development of the administered standardized norm- purchaser to be bound by the provisions EAS including, but not limited to, all referenced comprehensive clinical tests of this Final Judgment. Defendants need research data and development (‘‘clinical tests’’) to assist test activities; all tryout and standardization not obtain such an agreement from the administrators including, but not Acquirer(s) of the Divestiture Assets easels, administration materials, record limited to, software related to scoring of forms, tryout data, standardization data, pursuant to this Final Judgment. test results; tracking test scores and test and data for reliability and validity history; raw-to-derived score IV. Divestitures studies; and all algorithmic data conversion; score interpretation; including, but not limited to, data A. Defendants are ordered and outcomes analysis and reporting relating to item banking, continuous directed, within ninety (90) calendar capabilities; problem identification and item rotation, item analysis, item days after the filing of the Complaint in eligibility determination; discrepancy calibration, norming, test equating, scale this matter, or five (5) calendar days analysis; and intervention development, computer-based testing, after notice of the entry of this Final recommendations. and computer-adaptive testing; and all Judgment by the Court, whichever is applications of Sampling Theory, the 1. ‘‘ASSIST Software’’ means later, to divest the Divestiture Assets in Generalized Graded Unfolding model, Pearson’s Automated System for Scoring a manner consistent with this Final Generalizability Theory model, and Interpreting Standardized Tests and Judgment to one or more Acquirers Structural Equation model, and other encompasses software for computerized acceptable to the United States, in its Item Response Theory models; scoring of clinical tests to assist test sole discretion. The United States, in its 5. A royalty-free license to the administrators including, but not sole discretion, may agree to one or Acquirer(s) of the ABAS Assets and limited to, software related to scoring of more extensions of this time period not CELF Assets to use the Harcourt test results; tracking test scores and test to exceed sixty (60) calendar days in corporate trademark and trade name for history; raw-to-derived score total, and shall notify the Court in such the sole and limited purpose of conversion; score interpretation; circumstances. Defendants agree to use distributing finished inventory of the outcomes analysis and reporting their best efforts to divest the ABAS Assets and CELF Assets; capabilities; problem identification and Divestiture Assets as expeditiously as 6. At the option of the Acquirer( s) of eligibility determination; discrepancy possible. the ABAS Assets and CELF Assets, a analysis; and intervention B. In accomplishing the divestitures non-exclusive license to distribute the recommendations. ordered by this Final Judgment, Scoring Assistant Software for use with J. ‘‘Licensed-Back ABAS Content’’ Defendants promptly shall make known, the ABAS Assets and CELF Assets; and means the two hundred and forty one by usual and customary means, the in the event that the Acquirer exercises (241) ABAS items described in Exhibit availability of the Divestiture Assets. such option, the Defendants shall A that, as of the filing of the Complaint Defendants shall inform any person provide to the Acquirer(s) of the ABAS in this matter, are also employed in the making inquiry regarding a possible Assets and CELF Assets all technical marketing, sale, and distribution of Reed purchase of the Divestiture Assets that information and support necessary for Elsevier’s Bayley Scales of Infant and they are being divested pursuant to this the distribution and administration of Toddler Development second- and Final Judgment and provide that person the Scoring Assistant Software; third-edition titles. with a copy of this Final Judgment. 7. A royalty-free license to the K. ‘‘Retained CMS and WMS Content’’ Defendants shall offer to furnish to all Acquirer of the CASL Assets and OWLS means the fifty (50) Children’s Memory prospective Acquirers, subject to Assets to use the Pearson corporate Scale (‘‘CMS ’’) and Wechsler Memory customary confidentiality assurances, trademark and trade name for the sole Scale (‘‘WMS ’’) items that, as of the all information and documents relating and limited purpose of distributing filing of the Complaint in this matter, to the Divestiture Assets customarily finished inventory of the CASL Assets are also employed in the marketing, provided in a due diligence process and OWLS Assets; sale, and distribution of the CELF Assets except such information or documents 8. At the option of the Acquirer of the appearing as the Number Repetition 1 subject to the attorney-client privilege or CASL Assets and OWLS Assets, a non- (15 items) and Familiar Sequences 1 (12 work-product doctrine. Defendants shall exclusive license to distribute the items) subtests of the CELF–4, which are make available such information to the ASSIST Software for use with the CASL borrowed from the Numbers and United States at the same time that such Assets and OWLS Assets; and in the Sequences CMS subtests, respectively, information is made available to any event that the Acquirer exercises such and Number Repetition 2 (15 items) and other person. option, the Defendants shall provide to Familiar Sequences 2 (8 items) subtests C. Defendants shall provide the the Acquirer of the CASL Assets and of the CELF–4, which are borrowed Acquirer(s) and the United States the

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identity of any personnel responsible for Acquirer or Acquirers as a condition of and authority to accomplish the any editorial content of any Divestiture any license granted by or to Defendants divestiture to an Acquirer(s) acceptable Asset, and any personnel responsible for pursuant to Sections II(F)(6), (8), and (9) to the United States at such price and the sale, development, production, and IV(E) to extend to Defendants the on such terms as are then obtainable design, layout, standardization, right to use any improvements made by upon reasonable effort by the trustee, norming, analysis, or research relating the Acquirer or Acquirers to any subject to the provisions of Sections IV, to any of the Divestiture Assets, to software or content used in the V, and VI of this Final Judgment, and enable the Acquirer(s) to make offers of marketing, sale or distribution of shall have such other powers as this employment. Defendants will not clinical tests. Court deems appropriate. Subject to interfere with any negotiations or I. Defendants shall not take any action Section V(D) of this Final Judgment, the attempts by the Acquirer(s) to employ or that will impede in any way the trustee may hire at the cost and expense contract with any persons responsible operation or divestiture of the of Defendants any investment bankers, for any such activity related to any Divestiture Assets. attorneys, or other agents, who shall be Divestiture Asset. J. Unless the United States otherwise solely accountable to the trustee, D. Defendants shall permit consents in writing, the divestitures reasonably necessary in the trustee’s prospective Acquirers of the Divestiture pursuant to Section IV, or by trustee judgment to assist in the divestitures. Assets to have reasonable access to appointed pursuant to Section V, of this C. Defendants shall not object to a sale personnel responsible for the Final Judgment, shall include the entire by the trustee on any ground other than Divestiture Assets; and to have access to Divestiture Assets, and shall be the trustee’s malfeasance. Any such any and all financial, operational, or accomplished in such a way as to satisfy objections by Defendants must be other documents and information the United States, in its sole discretion, conveyed in writing to the United States customarily provided as part of a due that the Divestiture Assets can and will and the trustee within ten (10) calendar diligence process. be used by the Acquirer(s) as part of a days after the trustee has provided the E. Defendants shall have the right to viable, ongoing business of publishing notice required under Section VI. obtain, from the Acquirer of the ABAS clinical tests. Divestiture of the D. The trustee shall serve at the cost assets, a license to use the Licensed- Divestiture Assets may be made to one and expense of Defendants, on such Back ABAS Content for a period of time or more Acquirers, provided that in terms and conditions as the United no longer than is necessary for each instance it is demonstrated to the States approves, and shall account for Defendants to market, sell or distribute sole satisfaction of the United States all monies derived from the sale of the Reed Elsevier’s Bayley Scales of Infant that the Divestiture Assets will remain assets sold by the trustee and all costs and Toddler Development second- and viable and the divestiture of such assets and expenses so incurred. After third-edition titles; such license shall be will remedy the competitive harm approval by the Court of the trustee’s subject to final review and approval by alleged in the Complaint. The accounting, including fees for its the United States. divestitures, whether pursuant to services and those of any professionals F. To the extent Defendants receive Section IV or Section V of this Final and agents retained by the trustee, all any orders or inquiries for the ABAS, Judgment, remaining money shall be paid to the CASL, the OWLS, or the CELF, and (1) Shall be made to an Acquirer(s) Defendants and the trust shall then be an Acquirer has obtained the Divestiture that, in the United States’s sole terminated. The compensation of the Assets relating to such test, Defendants judgment, has the intent and capability trustee and any professionals and agents shall forward such orders and inquiries (including the necessary managerial, retained by the trustee shall be to the respective Acquirer for a period operational, technical and financial reasonable in light of the value of the of time not to exceed two (2) years. capability) of competing effectively in Divestiture Assets and based on a fee G. Defendants shall warrant to the the business of publishing clinical tests; arrangement providing the trustee with respective Acquirer or Acquirers of the and an incentive based on the price and ABAS Assets, the CASL Assets and (2) Shall be accomplished so as to terms of the divestiture and the speed OWLS Assets, and the CELF Assets, that satisfy the United States, in its sole with which it is accomplished, but the respective Divestiture Assets will be discretion, that none of the terms of any timeliness is paramount. operational on the date of sale. agreement between an Acquirer(s) and E. Defendants shall use their best Defendants shall warrant to the Defendants give Defendants the ability efforts to assist the trustee in Acquirer of the EAS Assets that the EAS unreasonably to raise the Acquirer’s accomplishing the required divestitures. Assets have been developed in a manner costs, to lower the Acquirer’s efficiency, The trustee and any consultants, no less vigorous than existing or otherwise to interfere in the ability of accountants, attorneys, and other development plans, as of the filing of the Acquirer to compete effectively. persons retained by the trustee shall the Complaint in this matter, and have full and complete access to the maintained in a manner that has V. Appointment of Trustee personnel, books, records, and facilities preserved the economic viability of the A. If Defendants have not divested the of the business to be divested, and assets, and that, upon divestiture, Divestiture Assets within the time Defendants shall develop financial and Acquirer will receive good title to all the period specified in Section IV(A), other information relevant to such assets that comprise the EAS Assets as Defendants shall notify the United business as the trustee may reasonably of the date of sale. Defendants shall States of that fact in writing. Upon request, subject to reasonable protection warrant to the Acquirer or Acquirers application of the United States, the for trade secret or other confidential that the Divestiture Assets they acquire Court shall appoint a trustee selected by research, development, or commercial have been maintained and operated the United States and approved by the information. Defendants shall take no separately in a manner as required Court to effect the divestiture of the action to interfere with or to impede the under the Hold Separate Stipulation and Divestiture Assets. trustee’s accomplishment of the Order (‘‘Hold Separate’’) filed B. After the appointment of a trustee divestitures. simultaneously with the Court. becomes effective, only the trustee shall F. After its appointment, the trustee H. Nothing in this Final Judgment have the right to sell the Divestiture shall file monthly reports with the shall be construed to require the Assets. The trustee shall have the power United States and the Court setting forth

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the trustee’s efforts to accomplish the Acquirer(s), any other third party, or the acquiring, entered into negotiations to divestitures ordered under this Final trustee, if applicable, additional acquire, or was contacted or made an Judgment. To the extent such reports information concerning the proposed inquiry about acquiring, any interest in contain information that the trustee divestiture, the proposed Acquirer, and the Divestiture Assets, and shall deems confidential, such reports shall any other potential Acquirer. describe in detail each contact with any not be filed in the public docket of the Defendants and the trustee shall furnish such person during that period. Each Court. Such reports shall include the any additional information requested such affidavit shall also include a name, address, and telephone number of within fifteen (15) calendar days of the description of the efforts Defendants each person who, during the preceding receipt of the request, unless the parties have taken to solicit buyers for the month, made an offer to acquire, shall otherwise agree. Divestiture Assets, and to provide expressed an interest in acquiring, C. Within thirty (30) calendar days required information to prospective entered into negotiations to acquire, or after receipt of the notice or within Acquirers, including the limitations, if was contacted or made an inquiry about twenty (20) calendar days after the any, on such information. Assuming the acquiring, any interest in the Divestiture United States has been provided the information set forth in the affidavit is Assets, and shall describe in detail each additional information requested from true and complete, any objection by the contact with any such person. The Defendants, the proposed Acquirer, any United States to information provided trustee shall maintain full records of all third party, and the trustee, whichever by Defendants, including limitation on efforts made to divest the Divestiture is later, the United States shall provide information, shall be made within Assets. written notice to Defendants and the fourteen (14) calendar days of receipt of G. If the trustee has not accomplished trustee, if there is one, stating whether such affidavit. the divestitures ordered under this Final or not it objects to the proposed B. Within twenty (20) calendar days Judgment within six months after its divestiture. If the United States provides of the filing of the Complaint in this appointment, the trustee shall promptly written notice that it does not object, the matter, Defendants shall deliver to the file with the Court a report setting forth divestiture may be consummated, United States an affidavit that describes (1) the trustee’s efforts to accomplish the subject only to Defendants’ limited right in reasonable detail all actions required divestitures, (2) the reasons, in to object to the sale under Section V(C) Defendants have taken and all steps the trustee’s judgment, why the required of this Final Judgment. Absent written Defendants have implemented on an divestitures have not been notice that the United States does not ongoing basis to comply with Section accomplished, and (3) the trustee’s object to the proposed Acquirer or upon VIII of this Final Judgment. Defendants recommendations. To the extent such objection by the United States, a shall deliver to the United States an reports contain information that the divestiture proposed under Section IV affidavit describing any changes to the trustee deems confidential, such reports or Section V shall not be consummated. efforts and actions outlined in shall not be filed in the public docket Upon objection by Defendants under Defendants’ earlier affidavits filed of the Court. The trustee shall at the Section V(C), a divestiture proposed pursuant to this section within fifteen same time furnish such report to the under Section V shall not be (15) calendar days after the change is United States which shall have the right consummated unless approved by the implemented. to make additional recommendations Court. C. Defendants shall keep all records of consistent with the purpose of the trust. all efforts made to preserve and divest The Court thereafter shall enter such VII. Financing the Divestiture Assets until one year orders as it shall deem appropriate to Defendants shall not finance all or after such divestitures have been carry out the purpose of the Final any part of any purchase made pursuant completed. Judgment, which may, if necessary, to Section IV or V of this Final X. Compliance Inspection include extending the trust and the term Judgment. of the trustee’s appointment by a period A. For the purposes of determining or requested by the United States. VIII. Hold Separate securing compliance with this Final Until the divestitures required by this Judgment, or of determining whether VI. Notice of Proposed Divestitures Final Judgment have been the Final Judgment should be modified A. Within two (2) business days accomplished, Defendants shall take all or vacated, and subject to any legally following execution of a definitive steps necessary to comply with the Hold recognized privilege, from time to time divestiture agreement, Defendants or the Separate entered by this Court. authorized representatives of the United trustee, whichever is then responsible Defendants shall take no action that States Department of Justice, including for effecting the divestitures required would jeopardize the divestitures consultants and other persons retained herein, shall notify the United States of ordered by this Court. by the United States, shall, upon written any proposed divestiture required by request of an authorized representative IX. Affidavits Section IV or V of this Final Judgment. of the Assistant Attorney General in If the trustee is responsible, it shall A. Within twenty (20) calendar days charge of the Antitrust Division, and on similarly notify Defendants. The notice of the filing of the Complaint in this reasonable notice to Defendants, be shall set forth the details of the matter, and every thirty (30) calendar pennitted: proposed divestiture and list the name, days thereafter until the divestitures (1) Access during Defendants’ office address, and telephone number of each have been completed under Section IV hours to inspect and copy, or at the person not previously identified who or V, Defendants shall deliver to the option of the United States, to require offered or expressed an interest in or United States an affidavit as to the fact Defendants to provide hard copy or desire to acquire any ownership interest and manner of its compliance with electronic copies of, all books, ledgers, in the Divestiture Assets, together with Section IV or V of this Final Judgment. accounts, records, data, and documents full details of the same. Each such affidavit shall include the in the possession, custody, or control of B. Within fifteen (15) calendar days of name, address, and telephone number of Defendants, relating to any matters receipt by the United States of such each person who, during the preceding contained in this Final Judgment; and notice, the United States may request thirty (30) calendar days, made an offer (2) To interview, either informally or from Defendants, the proposed to acquire, expressed an interest in on the record, Defendants’ officers,

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employees, or agents, who may have XIV. Public Interest Determination Converted to Composite Scores and their individual counsel present, Entry of this Final Judgment is in the GAC and Adaptive Domain Percentile regarding such matters. The interviews public interest. The parties have Ranks and Confidence Intervals (p. 200– shall be subject to the reasonable complied with the requirements of the 209), B.3 Differences Between Adaptive convenience of the interviewee and Antitrust Procedures and Penalties Act, Domain Composite Scores Required For without restraint or interference by 15 U.S.C. 16, including making copies Statistical Significance (p. 216), and B.4 Defendants. available to the public of this Final Differences Between Adaptive Domain Composite Scores Obtained By Various B. Upon the written request of an Judgment, the Competitive Impact Percentages (p. 217); and authorized representative of the Statement, and any comments thereon and the United States’s responses to 4. Norms for the Bayley-III Adaptive Assistant Attorney General in charge of Behavior subtest appearing in the the Antitrust Division, Defendants shall comments. Based upon the record before the Court, which includes the Bayley-III Technical Manual, which submit written reports or response to include references describing the written interrogatories, under oath if Competitive Impact Statement and any comments and response to comments adaptive behavior scale, administration requested, relating to any of the matters and scoring instructions, and technical contained in this Final Judgment as may filed with the Court, entry of this Final Judgment is in the public interest. information on pages 9, 10, 28, 45–53, be requested. 57–59, 61–62, 64–66, 70, 80–83, 97–98, Date: llll C. No information or documents and 116–119. Court approval subject to procedures of obtained by the means provided in this Competitive Impact Statement section shall be divulged by the United Antitrust Procedures and Penalties Act, States to any person other than an 15 U.S.C. 16 Plaintiff United States of America authorized representative of the lllllllllllllllllll (‘‘United States’’), pursuant to Section executive branch of the United States, United States District Judge 2(b) of the Antitrust Procedures and Penalties Act (‘‘APPA’’ or ‘‘Tunney except in the course of legal proceedings Exhibit A to which the United States is a party Act’’), 15 U.S.C. 16(b)–(h), files this (including grand jury proceedings), or The Licensed-Back ABAS Content Competitive Impact Statement relating for the purpose of securing compliance includes all of the items appearing in to the proposed Final Judgment with this Final Judgment, or as the ABAS–II Parent/Primary Caregiver submitted for entry in this civil antitrust otherwise required by law. (Ages 0–5) that, as of the filing of the proceeding. Complaint in this matter, also appear as I. Nature and Purpose of the Proceeding D. If at the time information or the Adaptive Behavior Scale subtest in documents are furnished by Defendants Reed Elsevier’s Bayley Scales of Infant The United States filed a civil to the United States, Defendants and Toddler Development (‘‘Bayley- antitrust Complaint on January 24, 2008, represent and identify in writing the III’’). Specifically, the shared content seeking to enjoin the proposed material in any such information or includes all items in the following acquisition by Pearson plc and Pearson documents to which a claim of scales: Communication, Community Education Inc. (collectively ‘‘Pearson’’) protection may be asserted under Rule Use, Functional Pre-Academics, Home of Harcourt Assessment Inc. (hereafter 26(c)(7) of the Federal Rules of Civil Living, Health and Safety, Leisure, Self- ‘‘Harcourt’’), a wholly-owned subsidiary Procedure, and Defendants mark each Care, Self-Direction, Social, and Motor. of Reed Elsevier PLC and Reed Elsevier pertinent page of such material, In addition to the shared items, the NV (collectively ‘‘Reed Elsevier’’). The ‘‘Subject to claim of protection under shared content within the scales listed Complaint alleges that the likely effects Rule 26(c)(7) of the Federal Rules of above also includes the following: of this acquisition would be to lessen Civil Procedure,’’ then the United States 1. Administration instructions and competition substantially in the markets shall give Defendants ten (10) calendar sample items (appearing on pp. 4–5 of for individually-administered days notice prior to divulging such the Bayley-III Social-Emotional and standardized norm-referenced material in any legal proceeding (other Adaptive Behavior Questionnaire, or the comprehensive clinical tests (hereafter than a grand jury proceeding). ‘‘record form’’); ‘‘clinical tests’’) in the subject areas of: 2. Record form summary page content (1) Adaptive behavior; (2) speech and XI. No Reacquisition and design, including the following language; and (3) adult abnormal Pearson may not reacquire any part of tables: raw-score to scaled-score personality, in violation of Section 7 of the Divestiture Assets during the term of conversions, sum of scaled scores to the Clayton Act, 15 U.S.C. 18. The loss this Final Judgment. composite-score conversions, skill area of competition caused by the acquisition scaled score profile, composite score will result in increased prices and XII. Retention of Jurisdiction profile and supplemental analysis— decreased innovation for adaptive discrepancy comparisons (appearing on behavior and speech and language This Court retains jurisdiction to page 14 of the Bayley-III Social clinical tests in the United States. It will enable any party to this Final Judgment Emotional and Adaptive Behavior also eliminate likely reductions in to apply to this Court at any time for Questionnaire); prices for adult abnormal personality further orders and directions as may be 3. Norms for the Bayley-III Adaptive clinical tests and increased innovation necessary or appropriate to carry out or Behavior subtest appearing in the for such tests that would otherwise construe this Final Judgment, to modify Bayley-III Administration Manual, result from Harcourt’s impending entry any of its provisions, to enforce which include references describing the into this market. compliance, and to punish violations of adaptive behavior scale, and At the same time the Complaint was its provisions. administration and scoring instructions filed, the United States also filed a Hold XIII. Expiration of Final Judgment on pages 4, 30–39 and 173–176; and the Separate Stipulation and Order (‘‘Hold following norms tables: A.3 Adaptive Separate’’) and a proposed Final Unless this Court grants an extension, Behavior Skill Area Scales Scores by Judgment, which are designed to this Final Judgment shall expire ten Age (p. 191–197), A.6 Sum of GAC and eliminate the anticompetitive effects of years from the date of its entry. Adaptive Domain Scaled Scores the acquisition. Under the proposed

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Final Judgment, which is explained Reed Elsevier signed a sale and adult abnormal personality clinical tests more fully below, the Defendants are purchase agreement for Pearson to are relevant product markets pursuant required to divest certain adaptive acquire all of the outstanding voting to Section 7 of the Clayton Act. behavior, speech and language, and securities of Harcourt, as well as a. Adaptive Behavior Clinical Tests adult abnormal personality clinical tests additional assets, for approximately (hereafter ‘‘Divestiture Assets’’). Until $950 million in cash. Pearson and Harcourt each publish the divestitures required by the Final the market-leading adaptive behavior B. The Competitive Effects of the Judgment have been accomplished, the clinical tests. Pearson publishes the Transaction on Clinical Test Publishing Hold Separate requires Pearson and Vineland Adaptive Behavior Scales, Harcourt to take steps to ensure that 1. Clinical Test Publishing which is currently in its second edition, their clinical assessment businesses— (‘‘Vineland’’) and Harcourt publishes Clinical tests are used to screen, the Adaptive Behavior Assessment Pearson Clinical Assessments (as diagnose, provide intervention strategies defined in the Hold Separate) and System, which is currently in its second for, and to monitor progress of edition (‘‘ABAS’’). Harcourt Clinical Assessments (as individuals with disabilities or defined in the Hold Separate)—will Adaptive behavior generally reflects individuals at risk for disabilities. These an individual’s competence in meeting continue to operate as separate, tests are individually administered and independent, economically viable, and their independent needs and satisfying scored by trained clinicians such as the social demands of their environment ongoing competitive businesses; that the psychologists or speech-language Divestiture Assets will be maintained in three broad domains: conceptual (i.e., pathologists rather than being communication, functional academics, and operated by Pearson Clinical administered and scored on a mass scale Assessments and Harcourt Clinical self-direction, and health and safety), like state-wide summative educational social (i.e., social skills and leisure), and Assessments as ongoing, economically achievement tests. These tests are also practical (i.e., self-care, home living, viable, and active business concerns; standardized by publishers. community use, and work). School and that competition is maintained Standardization is the process of psychologists and clinicians, among during the pendency of the ordered developing a test that reliably, validly, others, use adaptive behavior clinical divestitures. and consistently assesses a specific tests to assess an individual’s ability to The United States and Defendants discipline. Standardized tests are meet these needs and demands. Other have stipulated that the proposed Final authored, designed, and developed so adaptive behavior assessment scales, Judgment may be entered after that the test materials, test procedures, such as neuropsychological behavioral compliance with the APPA. Entry of the and test scoring are consistent across or emotional scales, do not assess the proposed Final Judgment would each test administration. Standardized same domains as do adaptive behavior terminate this action, except that the test scores can be documented clinical tests. Moreover, non- Court would retain jurisdiction to empirically and compared across test standardized charts or scales for construe, modify, or enforce the administrations, and if normed, adaptive behavior provide inferior provisions of the proposed Final compared across populations and assessments of adaptive behavior and do Judgment and to punish violations relative to others in similarly-situated not provide the same levels of validity thereof. groups. Norming is the expensive and and reliability as do clinical tests. II. Description of the Events Giving Rise time-consuming process of giving a A small but significant post- to the Alleged Violations standardized test to a representative acquisition increase in the price of sample of individuals in order to adaptive behavior clinical tests would A. The Defendants and the Proposed determine average (or normal) test not cause customers to substitute other Transaction scores. Norms can then be used to types of tests, charts, or scales, or to Pearson plc, a U.K. corporation with compare the scores of an individual otherwise reduce their purchases of its headquarters in London, England, with those of other individuals in the adaptive behavior clinical tests, in operates businesses in educational specified representative sample. sufficient quantities so as to make such publishing, business information, and In addition to clinical tests, non- a price increase unprofitable. For these consumer publishing. Pearson standardized, non-norm-referenced reasons, such other tests, charts, and Education Inc. (hereafter ‘‘Pearson assessments (e.g., charts published in scales are not in the same product Education’’), a wholly-owned subsidiary books or journals, single-scale tests, and market as adaptive behavior clinical of Pearson plc, is a Delaware free material available on the internet) tests. Accordingly, the development, corporation with its headquarters in are available to school psychologists marketing, sale, and distribution of Upper Saddle River, New Jersey. and clinicians. However, such test adaptive behavior clinical tests Pearson Education develops, markets, materials are inferior to clinical tests constitutes a line of commerce and a sells, and distributes clinical tests because they do not provide the same relevant product market pursuant to throughout the United States. levels of validity and reliability, nor can Section 7 of the Clayton Act. Reed Elsevier PLC, a U.K. corporation they be used in many situations in b. Speech and Language Clinical Tests with its headquarters located in London, which a clinical test is required, for England, and Reed Elsevier NV, a Dutch example, where such tests must be Pearson and Harcourt each publish corporation with its headquarters administered before a certain diagnosis market-leading speech and language located in Amsterdam, Netherlands, or classification can be made in order clinical tests. Pearson publishes two jointly own Harcourt. Harcourt, a New for an individual to qualify for special such tests, known as the Comprehensive York corporation with its headquarters services, such as special education or Assessment of Spoken Language located in San Antonio, Texas, speech and language instruction. (‘‘CASL’’) and the Oral and Written develops, markets, sells, and distributes Language Scales (‘‘OWLS’’), which are clinical tests throughout the United 2. Relevant Product Markets each in their first edition. Harcourt States. The Complaint alleges that the publishes a speech and language On or about May 4, 2007, and development and sale of adaptive clinical test known as the Clinical amended on May 21, 2007, Pearson and behavior, speech and language, and Evaluation of Language Fundamentals,

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which is currently in its fourth edition structured interviews or non- language clinical tests. In the adaptive (‘‘CELF’’). standardized tests (including behavior clinical test market, the Speech and language disorders developing one’s own tests), are inferior proposed acquisition will result in generally refer to problems with to adult abnormal personality clinical Pearson controlling 92 percent of the understanding others, expressing tests because they do not have the same market for such tests in which Pearson’s thoughts and ideas, and producing degree of reliability, and because Vineland and Harcourt’s ABAS are speech sounds. Speech and language interpreting one’s own tests would considered to be the best substitutes for clinical tests may assess several areas introduce subjective elements into the each other. In the speech and language such as vocabulary, grammar, receptive analysis not present with the use of clinical test market, the proposed and expressive language, semantics, clinical tests. In addition, in some acquisition will result in Pearson morphology, and pragmatics. Other locations, for some applications, clinical controlling 90 percent of the market for speech and language assessments, such tests are required by law and other such tests where Pearson’s CASL and as those that only assess narrow areas methods of assessment cannot be used. OWLS are considered substitutes for like phonology or grammar, are not as A small but significant post- Harcourt’s CELF. broad as clinical tests. Moreover, non- acquisition increase in the price of adult The loss of this head-to-head standardized, non-norm-referenced abnormal personality clinical tests competition in these markets will make comprehensive speech and language would not cause customers to substitute it likely that Pearson will unilaterally tests are inferior to clinical tests as they structured interviews or non- increase the price of, or reduce do not provide the same levels of standardized tests, or to otherwise innovation with respect to, these validity or reliability as do clinical tests. reduce their purchases of adult clinical tests. The responses of other A small but significant post- abnormal personality clinical tests, in publishers of adaptive behavior and acquisition increase in the price of sufficient quantities so as to make such speech and language clinical tests speech and language clinical tests a price increase unprofitable. For these would not be sufficient to constrain a would not cause customers to substitute reasons, structured interviews and non- unilateral exercise of market power by other types of tests or non-standardized, standardized tests are not in the same Pearson after the acquisition, and new non-norm-referenced tests, or to product market as adult abnormal entry would not be timely, likely, or otherwise reduce their purchases of personality clinical tests. Accordingly, sufficient to defeat the likely speech and language clinical tests, in the development, marketing, sale, and anticompetitive effects of Pearson’s sufficient quantities so as to make such distribution of adult abnormal proposed acquisition of Harcourt. For a price increase unprofitable. For these personality clinical tests constitutes a all of these reasons, the proposed reasons, such other tests are not in the line of commerce and a relevant product transaction would substantially lessen same product market as speech and market pursuant to Section 7 of the competition in the development, language clinical tests. Accordingly, the Clayton Act. marketing, sale, and distribution of development, marketing, sale, and adaptive behavior and speech and distribution of speech and language 3. Relevant Geographic Market language clinical tests in the United clinical tests constitutes a line of The Complaint alleges that the States in violation of Section 7 of the commerce and a relevant product Defendants sell adaptive behavior and Clayton Act. market pursuant to Section 7 of the speech and language clinical tests Clayton Act. b. Adult Abnormal Personality Clinical throughout the United States, and that Tests Pearson also sells adult abnormal c. Adult Abnormal Personality Clinical Pearson is the dominant supplier of Tests personality clinical tests throughout the adult abnormal personality clinical Pearson publishes two series of adult United States. United States customers tests, with its MMPI and MCMI having abnormal personality clinical tests of Defendants’ clinical tests would not approximately 93 percent share of the known as the Minnesota Multiphasic purchase other clinical tests published market for such tests sold in the United Personality Inventories, which are outside the United States because such States. Harcourt is developing a currently in their second edition other tests have not been standardized computer-based adaptive adult (‘‘MMPI’’), and the Millon Clinical or norm-referenced on samples of abnormal personality clinical test Multiaxial Inventories, which are individuals located in the United States. known as the EAS, which it plans to currently in their third edition Because customers in the United States make commercially available in late (‘‘MCMI’’). Harcourt is developing an would not substitute other clinical tests 2008. Harcourt is in the standardization adult abnormal personality clinical test published outside of the United States and norm-referencing phase of known as the Emotional Assessment for the Defendants’ clinical tests development and is in the process of System (‘‘EAS’’) that it expects to make published in the United States, the collecting data from clinical and non- commercially available in late 2008. United States constitutes the relevant clinical examinees. The EAS will offer Generally, abnormal personality geographic market for all three relevant new, desirable features and disorders are chronic, inflexible, products pursuant to Section 7 of the functionality that are not currently maladaptive patterns of perceiving, Clayton Act. offered by either Pearson or the other thinking, and behaving that seriously 4. Anticompetitive Effects of the competitor. Harcourt plans to sell and impair an individual’s ability to Acquisition market the EAS to Pearson’s adult function in social settings. Adult abnormal personality clinical test a. Adaptive Behavior and Speech and abnormal personality disorders include: customers and projects that the EAS Language Clinical Test Markets (1) Clinical disorders such as anxiety, will achieve a significant market share and (2) personality disorders such as The proposed acquisition will within a number of years. paranoia. Many clinicians employ adult eliminate competition between Pearson The proposed acquisition would abnormal personality clinical tests to and Harcourt and substantially increase eliminate Harcourt as a new supplier of obtain comprehensive diagnoses of both market concentration in the already adult abnormal personality clinical tests kinds. Other methods of assessing highly-concentrated markets for and thereby prevent the reduction in abnormal personality, such as using adaptive behavior and speech and prices and greater innovation for such

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tests that would have otherwise resulted however, the Retained CMS and WMS to effectuate the divestitures or to tailor from Harcourt’s entry. Other new entry Content (collectively ‘‘CELF Assets’’); the proposed relief to the would not be timely, likely, or sufficient and anticompetitive concerns without to defeat the likely anticompetitive c. In the adult abnormal personality disrupting the Defendants’ other effects of Pearson’s proposed acquisition clinical tests market, Harcourt’s EAS, businesses. For example, paragraph of Harcourt. For all of these reasons, the which is under development (‘‘EAS II(F)(5) provides that the acquirer(s) of proposed transaction would Assets’’). the ABAS Assets and CELF Assets will substantially lessen actual and potential The Divestiture Assets also include all obtain royalty-free licenses to use the competition in the development, tangible and intangible assets that Harcourt corporate trademark and trade marketing, sale, and distribution of comprise each of the above-listed name for the purpose of distributing adult abnormal personality clinical tests Divestiture Assets; the OWLS Assets finished inventory of the ABAS Assets in the United States in violation of also include all tangible assets relating and CELF Assets held by Harcourt. Section 7 of the Clayton Act. to the development of the OWLS Similarly, paragraph II(F)(7) provides second-edition titles; and the EAS that the acquirer of the CASL Assets and III. Explanation of the Proposed Final Assets also include all tangible and Judgment OWLS Assets will obtain a royalty-free intangible assets relating to the licenses to use the Pearson corporate development of the EAS. A. The Divestiture Assets trademark and trade name for the The sale of the Divestiture Assets The proposed Final Judgment requires according to the terms of the proposed purpose of distributing finished that the Defendants divest all of its Final Judgment will eliminate the inventory of the CASL Assets and assets related to clinical tests in these anticompetitive effects of the OWLS Assets held by Pearson. These markets where competition would acquisition in the markets for adaptive licenses will ensure that the acquirer(s) otherwise be harmed. The divestitures behavior, speech and language, and of the Divestiture Assets will not provided for in the proposed Final adult abnormal personality clinical infringe the Defendants’ intellectual Judgment will eliminate the tests. In each market, the divestitures property rights in the course of anticompetitive effects of the proposed will establish a new, independent, and distributing the finished inventory of acquisition in the markets for adaptive economically viable competitor. products sold by or under any of the behavior, speech and language, and Divestiture Assets. adult abnormal personality clinical B. Selected Provisions of the Proposed Final Judgment Paragraphs II(F)(6) and II(F)(8) tests. The Divestiture Assets must be provide for licenses relating to Pearson divested in such a way as to satisfy the In antitrust cases involving and Harcourt’s scoring software, which United States in its sole discretion that acquisitions in which the United States the Defendants currently distribute for they can and will be operated by the seeks a divestiture remedy, it requires use with products sold by or under the acquirer(s) as viable, ongoing clinical completion of the divestiture within the Divestiture Assets. Paragraph II(F)(6) test publishing concerns that can shortest period of time reasonable under provides that the acquirer(s) of the compete effectively in their respective the circumstances. A quick divestiture ABAS Assets and CELF Assets will have relevant markets; and the Defendants has the benefits of restoring competition the option to obtain a non-exclusive must take all reasonable steps necessary lost in the acquisition and reducing the license to distribute Harcourt’s Scoring to accomplish the divestitures quickly possibility of dissipation of the value of Assistant Software (as defined in the and shall cooperate with prospective the assets. Paragraph IV(A) of the proposed Final Judgment) for use with acquirers. proposed Final Judgment requires the the ABAS Assets and CELF Assets; if Specifically, the Divestiture Assets Defendants to divest, as independent the acquirer(s) exercise this option, the include: and economically viable ongoing Defendants shall provide to the a. In the adaptive behavior clinical clinical test publishing concerns, the acquirer(s) all technical information and tests market, Harcourt’s ABAS first- and Divestiture Assets within ninety (90) support necessary for the distribution second-edition titles, incorporating the calendar days after the filing of the and administration of the Scoring Downward Extension of the ABAS, and Complaint in this matter, or five (5) Assistant Software. Similarly, paragraph Harcourt’s ABAS Second Edition calendar days after notice of the entry of II(F)(8) provides that the acquirer of the Intervention Planner (collectively this Final Judgment by the Court, CASL Assets and OWLS Assets will ‘‘ABAS Assets’’); whichever is later.1 The Divestiture have the option to obtain a non- b. In the speech and language clinical Assets must be divested in such a way exclusive license to distribute Pearson’s tests market, either: as to satisfy the United States in its sole ASSIST Software (as defined in the (1) Pearson’s CASL, which is in its discretion that they can and will be proposed Final Judgment) for use with first edition (‘‘CASL Assets’’); and, operated by the acquirer(s) as viable, the CASL Assets and OWLS Assets; if Pearson’s OWLS, including the Oral ongoing clinical test publishing the acquirer exercises this option, the Expression and Listening concerns that can compete effectively in Defendants shall provide to the acquirer Comprehension Scales, the Written their respective relevant markets; and all technical information and support Expression Scale, and the OWLS second Defendants must take all reasonable necessary for the distribution and edition, which is under development steps necessary to accomplish the administration of the ASSIST Software. (collectively ‘‘OWLS Assets’’); or divestitures quickly and shall cooperate These provisions assure the acquirer(s)’ (2) Harcourt’s CELF, including the with prospective acquirers. first-, second-, third-, and fourth-edition Several provisions of the proposed access to scoring software that may be titles, the CELF Screener first-, Final Judgment address licenses needed needed to facilitate the future sale and second-, third-, and fourth-edition titles, marketing of products sold by or under the CELF Preschool first-, and second- 1 The proposed Final Judgment also provides that the Divestiture Assets by the acquirer(s). edition titles, the CELF Spanish first-, this ninety-(90) day time period may be extended Paragraphs II(F)(9) and IV(E) provide by the United States in its sole discretion for a total second-, third-, and fourth-edition period not exceeding sixty (60) calendar days, and for licenses relating to certain content of titles, and the CELF Spanish Preschool, that the Court will receive prior notice of any such the Divestiture Assets that is also which is under development; excluding extension. employed in the marketing, sale, and

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distribution of other Harcourt tests that Judgment, the Court will appoint a accounting, customer service, technical the proposed Final Judgment does not trustee selected by the United States to assistance, merchandising, distribution, require the Defendants to divest. First, effect the divestitures. If a trustee is and delivery and are used by numerous Harcourt’s CELF employs certain appointed, the proposed Final Judgment Pearson and Harcourt products that are content used in Harcourt’s Children’s provides that Defendants will pay all not being divested. The Hold Separate Memory Scale (‘‘CMS’’) and Harcourt’s costs and expenses of the trustee. The requires the Defendants to provide Wechsler Memory Scale (‘‘WMS’’). trustee’s commission will be structured support and operational services to the Since the proposed Final Judgment does so as to provide an incentive for the businesses being held separate, not require the Defendants to divest the trustee based on the price obtained and including the Divestiture Assets, and CMS or WMS, paragraph II(F)(9) the speed with which the divestitures also requires them to maintain such provides that the acquirer of the CELF are accomplished. After his or her services relating to the Divestiture Assets will obtain a license to use the appointment becomes effective, the Assets at 2007 or previously approved Retained CMS and WMS Content (as trustee will file monthly reports with levels for 2008, whichever are higher. defined in the proposed Final Judgment) the Court and the United States setting to market, sell or distribute any tests forth his or her efforts to accomplish the IV. Remedies Available to Potential produced by the CELF Assets. This divestiture. At the end of six (6) months, Private Litigants license will permit the acquirer of the if the divestitures have not been Section 4 ofthe Clayton Act, 15 U.S.C. CELF Assets unfettered rights to use the accomplished, the trustee and the 15, provides that any person who has Defendants’ Retained CMS and WMS United States will make been injured as a result of conduct Content, and to do so without infringing recommendations to the Court, which prohibited by the antitrust laws may the Defendants’ intellectual property shall enter such orders as appropriate, bring suit in federal court to recover rights. in order to carry out the purpose of the three times the damages the person has Second, Harcourt’s Bayley Scales of trust, including extending the trust or suffered, as well as costs and reasonable Infant and Toddler Development (the the term of the trustee’s appointment. attorneys’ fees. Entry of the proposed ‘‘Bayley’’), another test that the Final Judgment will neither impair nor proposed Final Judgment does not C. The Hold Separate Stipulation and Order assist the bringing of any private require the Defendants to divest, antitrust damage action. Under the In order to help ensure that, pending employs certain content used in the provisions of Section 5( a) of the the divestitures, competition between ABAS. That content will be divested to Clayton Act, 15 U.S.C. 16(a), the the Divestiture Assets and the the acquirer, but paragraph IV(E) proposed Final Judgment has no prima competing assets retained by Defendants provides that the Defendants shall have facie effect in any subsequent private is preserved, the Divestiture Assets are the right to obtain from the acquirer a lawsuit that may be brought against maintained as ongoing, economically license to use the Licensed-Back ABAS Defendants. Content (defined in the proposed Final viable, and active business concerns, Judgment) for a period of time no longer and Defendants will accomplish the V. Procedures Available for than is necessary for the Defendants to divestitures required by the proposed Modification of the Proposed Final market, sell or distribute the Bayley, and Final Judgment, Defendants have Judgment that such license shall be subject to final entered into the Hold Separate filed The United States and Defendants review and approval by the United simultaneously with the Court. The have stipulated that the proposed Final States. This license will permit the Hold Separate requires Pearson and Judgment may be entered by the Court Defendants to continue to use the Harcourt to take steps to ensure that after compliance with the provisions of Licensed-Back ABAS Content without their clinical assessment businesses— interfering with the acquirer’s use of Pearson Clinical Assessments and the APPA, provided that the United that content, and infringing intellectual Harcourt Clinical Assessments—will States has not withdrawn its consent. property rights relating to the ABAS each continue to operate as separate, The APPA conditions entry upon the Assets that will be divested to the independent, economically viable, and Court’s determination that the proposed acquirer. ongoing competitive businesses with Final Judgment is in the public interest. Paragraph IV(F) of the Proposed Final management, development, sales, and The APPA provides a period of at Judgment provides for an orderly marketing held separate and apart from least sixty (60) days preceding the transition of the Divestiture Assets to those of each other as well as those of effective date of the proposed Final the acquirer(s). It addresses the Defendants’ other operations; and that Judgment within which any person may possibility that customers might management of the Divestiture Assets by submit to the United States written continue to place orders for the divested Pearson Clinical Assessments and comments regarding the proposed Final clinical tests with Pearson or Harcourt. Harcourt Clinical Assessments will not Judgment. Any person who wishes to To the extent that Defendants receive be influenced by Defendants. In order to comment should do so within sixty (60) any purchase orders or inquiries for the help implement the Hold Separate days of the date of publication of this ABAS, the CASL, the OWLS, or the obligations, Defendants will appoint a Competitive Impact Statement in the CELF tests, and an acquirer has already person or persons to oversee Pearson Federal Register, or the last date of purchased the Divestiture Assets Clinical Assessments and Harcourt publication in a newspaper of the relating to such test, Defendants shall Clinical Assessments, and those persons summary of this Competitive Impact forward such orders and inquiries to the will be responsible for Defendants’ Statement, whichever is later. All respective acquirer. The Defendants’ compliance with the provisions of the comments received during this period obligation under this provision shall not Hold Separate. The Hold Separate does will be considered by the United States exceed two (2) years. not require the Defendants to operate Department of Justice, which remains Paragraph V of the proposed Final separate and independent support and free to withdraw its consent to the Judgment provides that in the event the operational services relating to the proposed Final Judgment at any time Defendants do not accomplish the Divestiture Assets. Such support and prior to the Court’s entry of judgment. divestitures within the periods operational services include The comments and the response of the prescribed in the proposed Final warehousing, printing, order processing, United States will be filed with the

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Court and published in the Federal individuals alleging specific injury from the determining whether a proposed Register. violations set forth in the complaint settlement is in the public interest, a Written comments should be including consideration of the public benefit, district court ‘‘must accord deference to submitted to: James J. Tierney, Chief, if any, to be derived from a determination of the issues at trial. the government’s predictions about the Networks and Technology Enforcement efficacy of its remedies, and may not Section Antitrust Division, United 15 U.S.C. 16(e)(1)(A) & (B). In require that the remedies perfectly States Department of Justice, 600 E considering these statutory factors, the match the alleged violations.’’ SBC Street, NW., Suite 9500, Washington, court’s inquiry is necessarily a limited Commc’ns, 489 F. Supp. 2d at 17; see DC 20530. one as the government is entitled to also Microsoft, 56 F.3d at 1461 (noting The proposed Final Judgment ‘‘broad discretion to settle with the the need for courts to be ‘‘deferential to provides that the Court retains defendant within the reaches of the the government’s predictions as to the jurisdiction over this action, and the public interest’’ United States v. effect of the proposed remedies’’); Defendants may apply to the Court for Microsoft Corp., 56 F.3d 1448, 1461 United States v. Archer-Daniels- any order necessary or appropriate for (D.C. Cir. 1995); see generally United Midland Co., 272 F. Supp. 2d 1,6 the modification, interpretation, or States v. SBC Commc’ns, Inc., 489 F. (D.D.C. 2003) (noting that the court enforcement of the Final Judgment. Supp. 2d 1 (D.D.C. 2007) (assessing should grant due respect to the United public interest standard under the States’ prediction as to the effect of VI. Alternatives to the Proposed Final Tunney Act).2 Judgment proposed remedies, its perception of the As the United States Court of Appeals market structure, and its views of the The United States considered, as an for the District of Columbia Circuit has nature of the case). alternative to the proposed Final held, under the APPA a court considers, Courts have greater flexibility in Judgment, a full trial on the merits among other things, the relationship approving proposed consent decrees against Defendants. The United States between the remedy secured and the than in crafting their own decrees could have continued the litigation and specific allegations set forth in the following a finding of liability in a sought preliminary and permanent government’s complaint, whether the litigated matter. ‘‘[A] proposed decree injunctions against Pearson’s decree is sufficiently clear, whether must be approved even if it falls short acquisition of all of the outstanding enforcement mechanisms are sufficient, of the remedy the court would impose voting securities of Harcourt, as well as and whether the decree may positively on its own, as long as it falls within the additional assets, from Reed Elsevier. harm third parties. See Microsoft, 56 range of acceptability or is ‘within the The United States is satisfied, however, F.3d at 1458–62. With respect to the reaches of public interest.’’’ United that the divestiture of assets described adequacy of the relief secured by the States v. Am. Tel. & Tel. Co., 552 F. in the proposed Final Judgment will decree, a court may not ‘‘engage in an Supp. 131, 151 (D.D.C. 1982) (citations preserve competition for the provision unrestricted evaluation of what relief omitted) (quoting United States v. of clinical tests in the relevant markets would best serve the public.’’ United Gillette Co., 406 F. Supp. 713, 716 (D. identified by the United States. Thus, States v. BNS, Inc., 858 F.2d 456, 462 Mass. 1975)), aff’d sub nom. Maryland the proposed Final Judgment would (9th Cir. 1988) (citing United States v. v. United States, 460 U.S. 1001 (1983); achieve all or substantially all of the Bechtel Corp., 648 F.2d 660, 666 (9th see also United States v. Alcan relief the United States would have Cir. 1981)); see also Microsoft, 56 F.3d Aluminum Ltd., 605 F. Supp. 619, 622 obtained through litigation, but avoids at 1460–62; United States v. Alcoa, Inc., (W.D. Ky. 1985) (approving the consent the time, expense, and uncertainty of a 152 F. Supp. 2d 37, 40 (D.D.C. 2001). decree even though the court would full trial on the merits of the Complaint. Courts have held that: have imposed a greater remedy). To VII. Standard of Review Under the [t]he balancing of competing social and meet this standard, the United States APPA for the Proposed Final Judgment political interests affected by a proposed ‘‘need only provide a factual basis for antitrust consent decree must be left, in the concluding that the settlements are The Clayton Act, as amended by the first instance, to the discretion of the reasonably adequate remedies for the APPA, requires that proposed consent Attorney General. The court’s role in alleged harms.’’ SBC Commc’ns, 489 F. judgments in antitrust cases brought by protecting the public interest is one of insuring that the government has not Supp. 2d at 17. the United States be subject to a sixty- Moreover, the court’s role under the day comment period, after which the breached its duty to the public in consenting to the decree. The court is required to APPA is limited to reviewing the Court shall determine whether entry of determine not whether a particular decree is remedy in relationship to the violations the proposed Final Judgment ‘‘is in the the one that will best serve society, but that the United States has alleged in its public interest’’ 15 U.S.C. 16(e)(1). In whether the settlement is ‘‘within the reaches Complaint, and does not authorize the making that determination, the court, in of the public interest.’’ More elaborate court to ‘‘construct [its] own requirements might undermine the accordance with the statute as amended hypothetical case and then evaluate the in 2004, is required to consider: effectiveness of antitrust enforcement by consent decree. decree against that case.’’ Microsoft, 56 (A) The competitive impact of such F.3d at 1459. Because the ‘‘court’s judgment, including termination of alleged Bechtel, 648 F.2d at 666 (emphasis 3 authority to review the decree depends violations, provisions for enforcement and added) (citations omitted). In entirely on the government’s exercising modification, duration of relief sought, its prosecutorial discretion by bringing anticipated effects of alternative remedies 2 The 2004 amendments substituted ‘‘shall’’ for actually considered, whether its terms are ‘‘may’’ in directing relevant factors for a court to a case in the first place,’’ it follows that ambiguous, and any other competitive consider and amended the list of factors to focus on considerations bearing upon the adequacy of competitive considerations and to address United States v. Gillette Co., 406 F. Supp. 713, 716 such judgment that the court deems potentially ambiguous judgment terms. Compare 15 (D. Mass. 1975) (noting that, in this way, the court U.S.C. 16(e) (2004), with 15 U.S.C. 16(e)(1) (2006); necessary to a determination of whether the is constrained to ‘‘look at the overall picture not see also SBC Commc’ns, 489 F. Supp. 2d at 11 hypercritically, nor with a microscope, but with an consent judgment is in the public interest; (concluding that the 2004 amendments ‘‘effected artist’s reducing glass’’). See generally Microsoft, 56 and minimal changes’’ to Tunney Act review). F.3d at 1461 (discussing whether ‘‘the remedies (B) The impact of entry of such judgment 3 Cf BNS, 858 F.2d at 464 (holding that the court’s [obtained in the decree are] so inconsonant with the upon competition in the relevant market or ‘‘ultimate authority under the [APPA] is limited to allegations charged as to fall outside of the ‘reaches markets, upon the public generally and approving or disapproving the consent decree’’); of the public interest’’’).

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‘‘the court is only authorized to review John C. Filippini (D.C. Bar # 165159) • Minimize the burden of the the decree itself,’’ and not to ‘‘effectively Danielle M. Ganzi collection of information on those who redraft the complaint’’ to inquire into Attorneys, United States Department of are to respond, including through the other matters that the United States did Justice, Antitrust Division, Networks and use of appropriate automated, Technology Enforcement Section, 600 E not pursue. Id. at 1459–60. As this court Street, NW., Suite 9500, Washington, DC electronic, mechanical, or other recently confirmed in SBC 20530, (202) 307–6200. technological collection techniques or Communications, courts ‘‘cannot look [FR Doc. 08–532 Filed 2–7–08; 8:45 am] other forms of information technology, beyond the complaint in making the e.g., permitting electronic submission of BILLING CODE 4410–11–M public interest detennination unless the responses. complaint is drafted so narrowly as to Agency: Employment Standards make a mockery of judicial power.’’ SBC Administration DEPARTMENT OF LABOR Commc’ns, 489 F. Supp. 2d at 15. Type of Review: Extension without In its 2004 amendments, Congress Office of the Secretary change of currently approved collection made dear its intent to preserve the Title: Pre-Hearing Statement practical benefits of utilizing consent Submission for OMB Review: OMB Control Number: 1215–0085 Form Number: LS–18 decrees in antitrust enforcement, adding Comment Request the unambiguous instruction that Estimated Number of Respondents: ‘‘[n]othing in this section shall be February 5, 2008 5,400 construed to require the court to The Department of Labor (DOL) Total Estimated Annual Burden conduct an evidentiary hearing or to hereby announces the submission of the Hours: 918 Total Estimated Cost Burden: $2,376 require the court to permit anyone to following public information collection request (ICR) to the Office of Affected Public: Individuals or intervene.’’ 15 U.S.C. 16(e)(2). The households Management and Budget (OMB) for language wrote into the statute what Description: The Form LS–18 is used review and approval in accordance with Congress intended when it enacted the to refer cases to the Department’s Office Tunney Act in 1974, as Senator Tunney the Paperwork Reduction Act of 1995 of Administrative Law Judges for formal explained: ‘‘[t]he court is nowhere (Pub. L. 104–13, 44 U.S.C. chapter 35). hearing under the Longshore and Harbor compelled to go to trial or to engage in A copy of this ICR, with applicable Workers’ Compensation Act [33 U.S. C. extended proceedings which might have supporting documentation; including 901]. the effect of vitiating the benefits of among other things a description of the prompt and less costly settlement likely respondents, proposed frequency Darrin A. King, through the consent decree process.’’ of response, and estimated total burden Acting Departmental Clearance Officer. 119 Cong. Rec. 24,598 (1973) (statement may be obtained from the RegInfo.gov [FR Doc. E8–2368 Filed 2–7–08; 8:45 am] of Senator Tunney). Rather, the Web site at http://www.reginfo.gov/ BILLING CODE 4510–CF–P procedure for the public interest public/do/PRAMain or by contacting determination is left to the discretion of Darrin King on 202–693–4129 (this is the court, with the recognition that the not a toll-free number) / e-mail: DEPARTMENT OF LABOR court’s ‘‘scope of review remains [email protected]. sharply proscribed by precedent and the Interested parties are encouraged to Employment and Training nature of Tunney Act proceedings.’’ send comments to the Office of Administration SBC Commc’ns, 489 F. Supp. 2d at 11.4 Information and Regulatory Affairs, Attn: Bridget Dooling, OMB Desk Science, Technology, Engineering, and Mathematics (STEM) Opportunities in VIII. Determinative Documents Officer for the Employment Standards the Workforce System Initiative; There are no determinative materials Administration (ESA), Office of Solicitation for Grant Applications or documents within the meaning of the Management and Budget, Room 10235, (SGA) SGA/DFA PY 07–03, Amendment APPA that were considered by the Washington, DC 20503, Telephone: Number 1 United States in formulating the 202–395–7316 / Fax: 202–395–6974 proposed Final Judgment. (these are not toll-free numbers), E-mail: AGENCY: Employment and Training _ Dated: January 24, 2008. OIRA [email protected] within Administration (ETA), Labor. Respectfully submitted, 30 days from the date of this publication ACTION: Amendment. llll/s/llll in the Federal Register. In order to ensure the appropriate consideration, SUMMARY: The Employment and Damon J. Kalt Training Administration published a Sanford M. Adler comments should reference the OMB Control Number (see below). document in the Federal Register of January 15, 2008, announcing the 4 See United States v. Enova Corp., 107 F. Supp. The OMB is particularly interested in 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney comments which: availability of funds and solicitation for Act expressly allows the court to make its public • Evaluate whether the proposed grant applications for the Science, interest determination on the basis of the collection of information is necessary Technology, Engineering, and competitive impact statement and response to for the proper performance of the Mathematics (STEM) Opportunities in comments alone’’); S. Rep. No. 93–298, 93d Cong., 1st Sess., at 6 (1973) (‘‘Where the public interest can functions of the agency, including the Workforce System Initiative. This be meaningfully evaluated simply on the basis of whether the information will have amendment will make changes to the briefs and oral arguments, that is the approach that practical utility; January 15 document by clarifying and should be utilized.’’); United States v. Mid-Am. • Evaluate the accuracy of the correcting this Solicitation. Dairymen, Inc., 1977–1 Trade Cas. (CCH) ¶ 61,508, at 71,980 (W.D. Mo. 1977) (‘‘Absent a showing of agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: corrupt failure of the government to discharge its proposed collection of information, Marsha Daniels, Grants Management duty, the Court, in making its public interest including the validity of the Specialist, Telephone (202) 693–3504. finding, should * * * carefully consider the methodology and assumptions used; explanations of the government in the competitive • Amendment impact statement and its responses to comments in Enhance the quality, utility, and order to determine whether those explanations are clarity of the information to be In the Federal Register of January 15, reasonable under the circumstances.’’). collected; and 2008, in FR Volume 73, Number 10, the

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solicitation is hereby amended with the financial resources) is minimized, their industry. The BLS is requesting following: collection instruments are clearly approval through February 29, 2011. 1. This amendment is to clarify the understood, and the impact of collection The CES program is a voluntary type of Workforce Investment Board that requirements on respondents can be program under Federal statute (29 is an Eligible Applicant for this properly assessed. The Bureau of Labor U.S.C. 2). Reporting to the State Solicitation. Where an individual Statistics (BLS) is soliciting comments agencies is voluntary in all but four Workforce Investment Board is cited in concerning the proposed extension of States (Oregon, Washington, North the Solicitation it will be defined as a the ‘‘Report on Current Employment Carolina, South Carolina), Puerto Rico, State or Local Workforce Investment Statistics.’’ A copy of the proposed and the Virgin Islands. To our Board. information collection request (ICR) can knowledge, the States that do have 2. On page 2533, Part I.C. Use of be obtained by contacting the individual mandatory reporting rarely exercise Funds/Allowable Activities, remove the listed below in the ADDRESSES section of their authority. The collection form’s following text: Activities funded under this notice. confidentiality statement cites the this Solicitation must be focused on DATES: Written comments must be Confidential Information Protection and developing skills and competencies submitted to the office listed in the Statistical Efficiency Act of 2002 and related to fields identified in the ADDRESSES section of this notice on or mentions the State mandatory reporting Attachment. before April 8, 2008. authority. Replace with the following text: II. Current Action Activities funded under this Solicitation ADDRESSES: Send comments to Amy A. must be focused on developing skills Hobby, BLS Clearance Officer, Division Office of Management and Budget and competencies related to the H–1B of Management Systems, Bureau of clearance is being sought for the Report industries and occupations identified in Labor Statistics, Room 4080, 2 on Current Employment Statistics. the Attachment and further limited by Massachusetts Avenue, NE., Automated data collection methods the list of NSF-defined STEM fields on Washington, DC 20212, 202–691–7628. are now used for most of the CES page 2531, center column. (This is not a toll free number.) sample. Approximately 115,000 reports 3. On page 2542, the Attachment: H– FOR FURTHER INFORMATION CONTACT: are received through Electronic Data 1B Industry Sectors and Occupations, Amy A. Hobby, BLS Clearance Officer, Interchange and 56,100 reports are add the following text under the header: 202–691–7628. (See ADDRESSES section.) collected using Computer Assisted Telephone Interviewing, as of January For the purposes of this Solicitation, SUPPLEMENTARY INFORMATION: this list is further limited by the NSF- 2008. Touchtone Data Entry is the third defined STEM fields on page 2531. I. Background largest mode, accounting for 37,100 4. A virtual Prospective Applicant The Current Employment Statistics reports. In comparison, only 4,300 Conference was held via webinar for (CES) program provides current reports are collected by mail. Fax also this grant competition on January 25, monthly statistics on employment, is a significant collection mode, as 2008. A recorded version can be viewed hours, and earnings, by industry and 16,200 reports are collected via this at: http://www.workforce3one.org/ geography. CES estimates are among the method. Web collection is rapidly increasing view.cfm?id=4776&info=1 most visible and widely-used Principal in importance as approximately 14,200 Signed at Washington, DC, this 4th day of Federal Economic Indicators (PFEIs). reports were collected as of January February 2008. CES data also are among the timeliest of 2008. The balance of the sample is Eric Luetkenhaus, the PFEIs, with their release each month collected through other automated by the BLS in the Employment Grant Officer, Employment & Training methods, including submission of tapes, Administration. Situation, typically on the first Friday of diskettes, and e-mail. [FR Doc. E8–2336 Filed 2–7–08; 8:45 am] each month. The statistics are The BLS has decided to significantly BILLING CODE 4510–FN–P fundamental inputs in economic increase the use of Web for CES data decision processes at all levels of collection. Web when compared to government, private enterprise, and Touchtone Data Entry has higher DEPARTMENT OF LABOR organized labor. response rates. The BLS also has The CES monthly estimates of Bureau of Labor Statistics decided to stop research on fax optical employment, hours, and earnings are character recognition collection due to based on a sample of U.S. cost and technical considerations. Proposed Collection, Comment nonagricultural establishments. Request Instead, firms are offered the Information is derived from opportunity to submit an Excel file in a ACTION: Notice. approximately 260,000 reports standard format through the BLS Web (representing about 150,000 site. SUMMARY: The Department of Labor, as Unemployment Insurance (UI) accounts part of its continuing effort to reduce and 390,000 individual worksites), as of III. Desired Focus of Comments paperwork and respondent burden, January 2008. Each month, firms report The Bureau of Labor Statistics is conducts a pre-clearance consultation their employment, payroll, and hours on particularly interested in comments program to provide the general public forms identified as the BLS–790. The that: and Federal agencies with an sample is collected under a probability • Evaluate whether the proposed opportunity to comment on proposed based design. Puerto Rico and the Virgin collection of information is necessary and/or continuing collections of Islands collect an additional 4,800 for the proper performance of the information in accordance with the reports using a quota sample. functions of the agency, including Paperwork Reduction Act of 1995 A list of all form types currently used whether the information will have (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This is listed below in the Desired Focus of practical utility. program helps to ensure that requested Comments section of this notice. • Evaluate the accuracy of the data can be provided in the desired Respondents receive variations of the agency’s estimate of the burden of the format, reporting burden (time and basic collection forms, depending on proposed collection of information,

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including the validity of the electronic, mechanical, or other Title: Report on Current Employment methodology and assumptions used. technological collection techniques or Statistics. • Enhance the quality, utility, and other forms of information technology, OMB Number: 1220–0011. clarity of the information to be e.g., permitting electronic submissions collected. of responses. Affected Public: State or local • Minimize the burden of the Type of Review: Extension, without governments; businesses or other for- collection of information on those who change, of a currently approved profit; non-profit institutions; small are to respond, including through the collection. businesses or organizations. use of appropriate automated, Agency: Bureau of Labor Statistics.

Minutes per Frequency Annual re- Annual bur- Form Reports report of response sponses den hours

A—Natural Resources and Mining ...... 1,400 11 12 16,800 3,080 B—Construction ...... 11,900 11 12 142,800 26,180 C—Manufacturing ...... 12,600 11 12 151,200 27,720 E—Service Providing Industries ...... 169,600 11 12 2,035,200 373,120 G—Public Administration ...... 43,300 6 12 519,600 51,960 S—Education ...... 9,100 6 12 109,200 10,920 Private Fax form ...... 16,100 11 12 193,200 35,420 Public Administration Fax Form ...... 300 6 12 3,600 360 Education Fax Form ...... 400 6 12 4,800 480

Total ...... 264,700 ...... 3,176,400 529,240

Total Burden Cost (capital/startup): destruction, after a specified period, of Administration, 8601 Adelphi Road, $0 records lacking administrative, legal, College Park, MD 20740–6001. Total Burden Cost (operating/ research, or other value. Notice is Telephone: 301–837–1539. E-mail: maintenance): $0. published for records schedules in [email protected]. Comments submitted in response to which agencies propose to destroy SUPPLEMENTARY INFORMATION: this notice will be summarized and/or records not previously authorized for Each year included in the request for Office of disposal or reduce the retention period Federal agencies create billions of Management and Budget approval of the of records already authorized for records on paper, film, magnetic tape, information collection request; they also disposal. NARA invites public and other media. To control this will become a matter of public record. comments on such records schedules, as accumulation, agency records managers required by 44 U.S.C. 3303a(a). prepare schedules proposing retention Signed at Washington, DC, this 4th day of periods for records and submit these DATES: Requests for copies must be February 2008. schedules for NARA’s approval, using received in writing on or before March Cathy Kazanowski, the Standard Form (SF) 115, Request for 10, 2008. Once the appraisal of the Chief, Division of Management Systems, Records Disposition Authority. These records is completed, NARA will send Bureau of Labor Statistics. schedules provide for the timely transfer a copy of the schedule. NARA staff [FR Doc. E8–2338 Filed 2–7–08; 8:45 am] into the National Archives of usually prepare appraisal BILLING CODE 4510–24–P memorandums that contain additional historically valuable records and information concerning the records authorize the disposal of all other covered by a proposed schedule. These, records after the agency no longer needs NATIONAL ARCHIVES AND RECORDS too, may be requested and will be them to conduct its business. Some ADMINISTRATION provided once the appraisal is schedules are comprehensive and cover all the records of an agency or one of its Records Schedules; Availability and completed. Requesters will be given 30 days to submit comments. major subdivisions. Most schedules, Request for Comments however, cover records of only one ADDRESSES: You may request a copy of office or program or a few series of AGENCY: National Archives and Records any records schedule identified in this records. Many of these update Administration (NARA). notice by contacting the Life Cycle previously approved schedules, and ACTION: Notice of availability of Management Division (NWML) using some include records proposed as proposed records schedules; request for one of the following means: permanent. comments. Mail: NARA (NWML), 8601 Adelphi Road, College Park, MD 20740–6001. No Federal records are authorized for SUMMARY: The National Archives and E-mail: [email protected]. destruction without the approval of the Records Administration (NARA) Fax: 301–837–3698. Archivist of the United States. This publishes notice at least once monthly Requesters must cite the control approval is granted only after a of certain Federal agency requests for number, which appears in parentheses thorough consideration of their records disposition authority (records after the name of the agency which administrative use by the agency of schedules). Once approved by NARA, submitted the schedule, and must origin, the rights of the Government and records schedules provide mandatory provide a mailing address. Those who of private persons directly affected by instructions on what happens to records desire appraisal reports should so the Government’s activities, and when no longer needed for current indicate in their request. whether or not they have historical or Government business. They authorize FOR FURTHER INFORMATION CONTACT: other value. the preservation of records of Laurence Brewer, Director, Life Cycle Besides identifying the Federal continuing value in the National Management Division (NWML), agencies and any subdivisions Archives of the United States and the National Archives and Records requesting disposition authority, this

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public notice lists the organizational and Budget and congressional budget 8. Department of Justice, Federal unit(s) accumulating the records or requests with supporting Bureau of Investigation (N1–65–07–21, indicates agency-wide applicability in documentation, agency organization 12 items, 12 temporary items). Records the case of schedules that cover records files, significant litigation case files, of the Counterterrorism Division that may be accumulated throughout an wildlife agreements and mitigation including inputs, master files, system agency. This notice provides the control plans that establish policy precedents, documentation and backups associated number assigned to each schedule, the strategic infrastructure policy with an electronic information system total number of schedule items, and the development files, significant used to collect and disseminate number of temporary items (the records environmental compliance information about terrorist related proposed for destruction). It also documentation, policy and procedures threats and suspicious activities. Also includes a brief description of the governing the sale and conservation of included are shift transition and temporary records. The records energy that apply new and advanced security audit logs, briefing books, and schedule itself contains a full technologies, publications, geographic summaries. This schedule authorizes description of the records at the file unit information system data layers and the agency to apply the proposed level as well as their disposition. If metadata for maps, and computer disposition instructions to any NARA staff has prepared an appraisal assisted design drawings for mission- recordkeeping medium. memorandum for the schedule, it too related equipment and structures. This 9. Department of State, Overseas includes information about the records. schedule authorizes the agency to apply Buildings Operations (N1–59–07–8, 4 Further information about the the proposed disposition instructions to items, 4 temporary items.). Records disposition process is available on any recordkeeping medium, except for documenting technical aspects of request. certain geographic information system construction progress for the new U.S. and computer assisted design records. embassy compound in Baghdad, Iraq. Schedules Pending 3. Department of Energy, Office of Records include digital images and hard 1. Department of Agriculture, Scientific and Technical Information copy printouts, weekly construction Cooperative State Research, Education, (N1–434–06–1, 4 items, 2 temporary status reports, and quality assurance and Extension Service (N1–540–07–6, items). Records relating to agency final reports. 18 items, 14 temporary items). Records reports of scientific and technical 10. Department of State, Bureau of of the Office of Communications, projects. Included are paper and Population, Refugees, and Migration including FOIA coordination records, microform copies of final reports. (N1–59–08–3, 4 items, 3 temporary working files, drafts, routine or internal Proposed for permanent retention are items). Proposal process files and photographs and media relations electronic copies of final reports and a Worldwide Refugee Admissions records, and web site content, cumulative index. Processing System (WRAPS) master file management, and technical records. 4. Department of Health and Human and outputs accumulated by the Office Proposed for permanent retention are Services, Food and Drug Administration of Refugee Admission. Proposed for recordkeeping copies of significant, (N1–88–04–4, 8 items, 6 temporary permanent retention are recordkeeping mission-related publications, items). Public calendars, employee copies of voluntary agency and affiliate photographs, and films. This schedule newsletters, publication approvals, monitoring reports. authorizes the agency to apply the materials used to respond to public 11. Department of State, All Foreign proposed disposition instructions to any inquiries, and annual FOIA Reports. Service Posts (N1–84–08–2, 9 items, 9 recordkeeping medium. Proposed for permanent retention are temporary items). Refugee coordinator 2. Department of Energy, Bonneville recordkeeping copies of press releases files, fiscal records, correspondence Power Administration (N1–305–07–1, and publications. This schedule with voluntary agencies, voluntary 94 items, 82 temporary items). authorizes the agency to apply the agency employee case files, and refugee Comprehensive agency-wide schedule proposed disposition instructions to any case files. covering the records of 21 agency recordkeeping medium. 12. Department of the Treasury, functions, including power generation; 5. Department of Homeland Security, Internal Revenue Service (N1–58–08–7, power transmission; power sales and Science and Technology Directorate 1 item, 1 temporary item). Revenue marketing; transmission load; agency (N1–563–07–18, 1 item, 1 temporary Procedure 92–29 case project files and management and policy development; item). Master file of an electronic supporting documents relating to tax on law and litigation; human resources; information system used to assess the common improvements to real estate. training; procurement, billing, budget, status of coordination and cooperation 13. Department of the Treasury, Office and accounting; property asset between emergency response agencies at of Thrift Supervision (N1–483–08–1, 48 management; facilities, equipment, and the local, tribal, state and federal level. items, 48 temporary items). This vehicles; environmental compliance; 6. Department of Homeland Security, schedule authorizes the agency to apply energy conservation; safety and risk U.S. Customs and Border Protection the existing disposition instructions to management; security; document (N1–568–07–1, 1 item, 1 temporary records series regardless of management and workflow; news item). Master file for an electronic recordkeeping medium. The records releases and publications; digital information system used to track include correspondence files, systems maintenance; geographic passengers departing for and arriving congressional requests and response information systems; computer assisted from the European Union. files, disaster recovery files, subject design; internet and intranet services; 7. Department of Justice, Bureau of files, chronological files, signature files weather and stream-flow; and reference. Alcohol, Tobacco, Firearms, and and report files. Paper recordkeeping Proposed for permanent retention are Explosives (N1–436–07–6, 2 items, 2 copies of these files were previously recordkeeping copies of policy and temporary items). Master file and approved for disposal. procedure decisions for new and outputs of the Online LEAD System 14. Environmental Protection Agency, advanced technologies and which makes available to law Headquarters (N1–412–07–26, 1 item, 1 methodologies, environmental impact enforcement agencies a copy of Firearms temporary item). This schedule statements and supporting Tracing System data, which was authorizes the agency to apply existing documentation, Office of Management previously approved as permanent. disposition instructions to records

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regardless of the recordkeeping Type of Meeting: Open. Rockville Pike, Rockville, Maryland has medium. The records consist of Contact Person: Dr. Margaret E.M. Tolbert, been revised as noted below. Notice of certification statements and Senior Advisor and Executive Liaison, this meeting was previously published correspondence from importers of CEOSE, Office of Integrative Activities, in the Federal Register on Tuesday, National Science Foundation, 4201 Wilson chemical substances or mixtures Boulevard, Arlington, VA 22230. Telephone: January 29, 2008 (73 FR 5235–5236). documenting receipt of shipment as (703) 292–8040. [email protected]. The discussion of the item listed as well as certifying compliance with Minutes: May be obtained from the the Semiannual Briefing by the Office of provisions of the Toxic Substances Executive Liaison at the above address. Nuclear Materials Safety and Control Act. Paper recordkeeping copies Purpose of Meeting: To provide advice and Safeguards, scheduled between 10:05 of these files were previously approved recommendations concerning broadening a.m. and 11:30 a.m. on Tuesday, for disposal. participation in science and engineering. February 12, 2008, has been cancelled. 15. Environmental Protection Agency, Agenda: The discussion of ACNW&M Letter Regional Offices (N1–412–07–32, 1 Monday, February 25, 2008 Reports previously scheduled between item, 1 temporary item). This schedule Welcome and Opening Statement by the 11:30 a.m. and 12 p.m. on Tuesday, authorizes the agency to apply existing CEOSE Chair; Introductions February 12, 2008, will be scheduled disposition instructions to records between 10:05 a.m. and 12 p.m. that Presentations and Discussions: regardless of the recordkeeping • Key Points of the Meeting between the same day. medium. The records consist of regional CEOSE Chair and the Director of the The discussion of the item listed as toxic substance files related to National Science Foundation. Draft Guidance on Preventing Legacy monitoring and compliance activities • NAS Committee on Underrepresented Sites, scheduled between 1 p.m. and under the Toxic Substances Control Act. Groups and the Expansion of the Science 2:30 p.m. on Tuesday, February 12, Paper recordkeeping copies of these and Engineering Workforce Pipeline. 2008, has been cancelled. • files were previously approved for Discussion with the Director of the A new discussion listed as National Science Foundation. disposal. • International Commission on 16. Social Security Administration, The NSF Budget and Its Implications for Radiological Protection (ICRP) Broadening Participation and the CEOSE Office of Disability and Income Security Path Forward. Recommendations—Final Report 103 Programs (N1–47–08–1, 11 items, 11 • The America Competes Act. has been added for Tuesday, February temporary items). Records related to • Reports on NSF Advisory Committee 12, 2008, between 1 p.m. and 1:30 p.m. eligibility for new or continuing benefits Meetings by CEOSE Liaisons. The discussion of the item listed as under Title XVIII of the Social Security • Report of the CEOSE Ad Hoc Corrosion of Waste Package and Spent Act. The records in this schedule were Subcommittee on Strategic Planning. Fuel Dissolution in a Repository previously approved for disposal; this • Report of the CEOSE Ad Hoc Environment previously scheduled schedule revises the description and/or Subcommittee on Broadening between 2:45 p.m. and 4 p.m. on disposition for certain of these records. Participation. February 12, 2008, will be scheduled This schedule authorizes the agency to Tuesday, February 26, 2008 from 1:45 p.m. to 3 p.m. that same day. apply the proposed disposition Opening Statement by the CEOSE Chair The discussion of ACNW&M Letters instructions to any recordkeeping and Reports previously scheduled medium. Presentations and Discussions: between 4 p.m. and 5:30 p.m. on • Report of the CEOSE Ad Hoc Dated: February 4, 2008. Subcommittee on Persons with February 12, 2008, will be scheduled between 3 p.m. and 5:30 p.m. that same Michael J. Kurtz, Disabilities—Follow-up Actions pertinent to the Mini-Symposium Held day. Assistant Archivist for Records Services— For further information, contact Mr. Washington, DC. on October 15, 2007. • Report of the CEOSE Ad Hoc Antonio L. Dias, (Telephone 301–415– [FR Doc. E8–2447 Filed 2–7–08; 8:45 am] Subcommittee on Accountability, 6805), between 6:45 a.m. and 4:30 p.m., BILLING CODE 7515–01–P Evaluation, and Communications— EST. ‘‘Joining Forces to Broaden Participation in Science and Engineering Strategies for Dated: February 4, 2008. NATIONAL SCIENCE FOUNDATION Inter-Agency Collaborations’’, the Multi- Andrew L. Bates, Federal Agency Study. Advisory Committee Management Office. • Committee on Equal Opportunities in Action Items and Recommendations. [FR Doc. E8–2385 Filed 2–7–08; 8:45 am] • Completion of Unfinished Business. Science and Engineering (CEOSE); BILLING CODE 7590–01–P Notice of Meeting Dated: February 5, 2008. Susanne Bolton, In accordance with the Federal Committee Management Officer. NUCLEAR REGULATORY Advisory Committee Act (Pub. L. 92– COMMISSION 463, as amended), the National Science [FR Doc. E8–2334 Filed 2–7–08; 8:45 am] Foundation announces the following BILLING CODE 7555–01–P [Docket Nos. 52–014 and 52–015] meeting: Tennessee Valley Authority; Notice of Name: Committee on Equal Opportunities NUCLEAR REGULATORY Hearing and Opportunity To Petition in Science and Engineering (1173). for Leave To Intervene on a Combined Dates/Time: February 25, 2008, 8:30 a.m.– COMMISSION 5:30 p.m. and February 26, 2008, 8:30 a.m– License for Bellefonte Units 3 and 4 2 p.m. Advisory Committee on Nuclear Waste and Materials; Revised Pursuant to the Atomic Energy Act of Place: National Science Foundation, 4201 1954, as amended, and the regulations Wilson Boulevard, Arlington, VA 22230. Building entry badges must be obtained at The 186th Advisory Committee on in Title 10 of the Code of Federal the above address; the meeting will be held Nuclear Waste and Materials Regulations (10 CFR) part 2, ‘‘Rules of in Room 1235 of the National Science (ACNW&M) meeting scheduled to be Practice for Domestic Licensing Foundation Building located at 4201 Wilson held February 12–14, 2008, Room Proceedings and Issuance of Orders,’’ 10 Boulevard in Arlington, Virginia. T–2B3, Two White Flint North, 11545 CFR part 50, ‘‘Domestic Licensing of

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Production and Utilization Facilities,’’ accordance with the procedures A person filing electronically may and 10 CFR part 52, ‘‘Early Site Permits; described below. seek assistance through the ‘‘Contact Standard Design Certifications; and To comply with the procedural Us’’ link located on the NRC Web site Combined Licenses for Nuclear Power requirements of E-Filing, at least five (5) at http://www.nrc.gov/site-help/e- Plants,’’ notice is hereby given that a days prior to the filing deadline, the submittals.html or by calling the NRC hearing will be held, at a time and place petitioner/requestor must contact the technical help line, which is available to be set in the future by the U.S. Office of the Secretary by e-mail at between 8:30 a.m. and 4:15 p.m., Nuclear Regulatory Commission (NRC, [email protected], or by calling Eastern Standard Time, Monday the Commission) or designated by the (301) 415–1677, to request (1) a digital through Friday. The help line number is Atomic Safety and Licensing Board ID certificate, which allows the (800) 397–4209 or, locally, (301) 415– (Board). The hearing will consider the participant (or its counsel or 4737. application dated October 30, 2007, representative) to digitally sign Participants who believe that they filed by Tennessee Valley Authority, documents and access the E-Submittal have a good cause for not submitting pursuant to subpart C of 10 CFR part 52, server for any proceeding in which it is documents electronically must file a for a combined license (COL). The participating; and/or (2) creation of an motion, in accordance with 10 CFR application, which was supplemented electronic docket for the proceeding 2.302(g), with their initial paper filing by letters dated November 2, 2007, even in instances in which the requesting authorization to continue to January 8, 2008, and January 14, 2008, petitioner/requestor (or its counsel or submit documents in paper format. requests approval of a COL for representative) already holds a NRC- Such filings must be submitted by: (1) Bellefonte Units 3 and 4 located near issued digital ID certificate. Each First-class mail addressed to the Office the town of Scottsboro in Jackson petitioner/requestor will need to of the Secretary of the Commission, U.S. County, Alabama. The application was download the Workplace Forms Nuclear Regulatory Commission, accepted for docketing on January 18, ViewerTM to access the Electronic Washington, DC 20555–0001, Attention: 2008. The docket numbers established Information Exchange (EIE), a Rulemaking and Adjudications Staff; or for this application are 52–014 and 52– component of the E-Filing system. The (2) courier, express mail, or expedited TM 015. Workplace Forms Viewer is free and delivery service to the Office of the The hearing will be conducted by a is available at http://www.nrc.gov/site- Secretary, Sixteenth Floor, One White Board that will be designated by the help/e-submittals/install-viewer.html. Flint North, 11555 Rockville Pike, Chairman of the Atomic Safety and Information about applying for a digital Rockville, Maryland 20852, Attention: Licensing Board Panel or by the ID certificate is available on NRC’s Rulemaking and Adjudications Staff. Commission. Notice as to the public Web site at http://www.nrc.gov/ Participants filing a document in this membership of the Board will be site-help/e-submittals/apply- manner are responsible for serving the certificates.html. document on all other participants. published in the Federal Register at a Once a petitioner/requestor has Filing is considered complete by first- later date. The NRC staff will complete obtained a digital ID certificate, had a class mail as of the time of deposit in a detailed technical review of the docket created, and downloaded the EIE the mail, or by courier, express mail, or application and will document its viewer, it can then submit a request for expedited delivery service upon findings in a safety evaluation report hearing or petition for leave to depositing the document with the (SER). The Commission will refer a copy intervene. Submissions should be in provider of the service. of the application to the Advisory Portable Document Format (PDF) in Non-timely requests and/or petitions Committee on Reactor Safeguards accordance with NRC guidance and contentions will not be entertained (ACRS) in accordance with 10 CFR available on the NRC public Web site at absent a determination by the 52.87, ‘‘Referral to the Advisory http://www.nrc.gov/site-help/e- Commission, the presiding officer, or Committee on Reactor Safeguards submittals.html. A filing is considered the Atomic Safety and Licensing Board (ACRS),’’ and the ACRS will report on complete at the time the filer submits its that the petition and/or request should those portions of the application that documents through EIE. To be timely, be granted and/or the contentions concern safety. an electronic filing must be submitted to should be admitted based on a Any person whose interest may be the EIE system no later than 11:59 p.m. balancing of the factors specified in 10 affected by this proceeding and desires Eastern Standard Time on the due date. CFR 2.309(c)(1)(i)–(viii). To be timely, to participate as a party to this Upon receipt of a transmission, the E- filing must be submitted no later than proceeding must file a written petition Filing system time-stamps the document 11:59 p.m. Eastern Standard Time on for leave to intervene in accordance and sends the submitter an e-mail notice the due date. with 10 CFR 2.309. Those permitted to confirming receipt of the document. The Documents submitted in adjudicatory intervene become parties to the EIE system also distributes an e-mail proceedings will appear in the NRC’s proceeding, subject to any limitations in notice that provides access to the electronic hearing docket, which is the order granting leave to intervene, document to the NRC Office of the available to the public at http:// and have the opportunity to participate General Counsel and any others who ehd.nrc.gov/EHD_Proceeding/home.asp, fully in the conduct of the hearing. have advised the Office of the Secretary unless excluded pursuant to an order of A request for hearing or a petition for that they wish to participate in the the Commission, the Atomic Safety and leave to intervene must be filed in proceeding, so that the filer need not Licensing Board, or a presiding officer. accordance with the NRC E-Filing rule, serve the documents on those Participants are requested not to include which was promulgated by the NRC on participants separately. Therefore, personal privacy information, such as August 28, 2007 (72 FR 49139). The E- applicants and other participants (or social security numbers, home Filing process requires participants to their counsel or representative) must addresses, or home phone numbers in submit and serve documents over the apply for and receive a digital ID the filing. With respect to copyrighted internet or in some cases to mail copies certificate before a hearing request/ works, except for limited excerpts that on electronic storage media. Participants petition to intervene is filed so that they serve the purpose of the adjudicatory may not submit paper copies of their can obtain access to the document via filing and would constitute a Fair Use filings unless they seek a waiver in the E-Filing system. application, participants are requested

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not to include copyrighted materials in SUMMARY: In accordance with the OFFICE OF PERSONNEL their submission. Paperwork Reduction Act of 1995 (Pub. MANAGEMENT Petitions for leave to intervene must L. 104–13, May 22, 1995), this notice be filed no later than 60 days from the announces that the Office of Personnel Proposed Collection; Comment date of publication of this notice in the Management (OPM) intends to submit to Request for Review of a Revised Federal Register. Non-timely filings will the Office of Management and Budget Information Collection: RI 25–37 not be entertained absent a (OMB) a request for clearance of a determination by the Commission or AGENCY: Office of Personnel revised information collection. OPM Management. Board designated to rule on the petition, Online Form 1417, the Combined pursuant to the requirements of 10 CFR Federal Campaign (CFC) Information ACTION: Notice. 2.309(c)(1)(i)–(viii). System form, collects information from A person who is not a party may be SUMMARY: In accordance with the the 277 local CFC campaigns to verify permitted to make a limited appearance Paperwork Reduction Act of 1995 (Pub. campaign results and collect contact by making an oral or written statement L. 104–13, May 22, 1995), this notice information. Revisions to the form of his position on the issues at any announces that the Office of Personnel session of the hearing or any pre-hearing include clarifying edits to items Management (OPM) intends to submit to conference within the limits and numbered 2–6, 9 and 10 of the the Office of Management and Budget conditions fixed by the presiding Campaign Results Total Page, the (OMB) a request for review of a revised officer, but may not otherwise elimination of questions numbered 13– information collection. RI 25–37, participate in the proceeding. 15 of the Campaign Results Total Page Evidence to Prove Dependency of a Documents may be examined, and/or and the return of one question edited to Child, is designed to collect sufficient copied for a fee, at the NRC’s Public collect pledge amounts designated information for OPM to determine Document Room (PDR), located at One specifically for federal emergency or whether the surviving child of a White Flint North, Public File Area O1 disaster relief, if any, on the Campaign deceased federal employee is eligible to F21, 11555 Rockville Pike (first floor), Results Total Page. receive benefits as a dependent child. Rockville, Maryland, and will be We estimate 277 Online OPM Forms Comments are particularly invited on: accessible electronically through the 1417 are completed annually. Each form whether this collection of information is Agencywide Documents Access and takes approximately 20 minutes to necessary for the proper performance of Management System (ADAMS) Public complete. The annual estimated burden functions of the Office of Personnel Electronic Reading Room link at the is 101 hours. Management, and whether it will have NRC Web site http://www.nrc.gov/ practical utility; whether our estimate of reading-rm/adams.html. Persons who Comments are particularly invited on: the public burden of this collection of do not have access to ADAMS or who Whether this information is necessary information is accurate, and based on encounter problems in accessing for the proper performance of functions valid assumptions and methodology; documents located in ADAMS should of the Office of Personnel Management, and ways in which we can minimize the contact the NRC PDR Reference staff by and whether it will have practical burden of the collection of information telephone at 1–800–397–4209, or 301– utility; whether our estimate of the on those who are to respond, through 415–4737, or by e-mail to [email protected]. public burden of this collection of use of the appropriate technological The application is also available at information is accurate, and based on collection techniques or other forms of http://www.nrc.gov/reactors/new- valid assumptions and methodology; information technology. licensing/col.html. The ADAMS and ways in which we can minimize the Approximately 250 forms are accession number for the application is burden of the collection of information completed annually. We estimate it ML073110527. The ADAMS accession on those who are to respond, through takes approximately 60 minutes to numbers for the supplements to the the appropriate use of technological assemble the needed documentation. application are ML073090428, collection techniques or other forms of The annual estimated burden is 250 ML080100104, ML080160252. Some of information technology. hours. the supplements contain information For copies of this proposal, contact For copies of this proposal, contact that is sensitive and these supplements Mary Beth Smith-Toomey on (202) 606– Mary Beth Smith-Toomey on (202) 606– are not available to the public. 8358, FAX (202) 418–3251 or E-mail to 8358, Fax (202) 418–3251 or via E-mail Dated at Rockville, Maryland, this 4th day [email protected]. Please be sure to to [email protected]. of February 2008. include a mailing address with your Please include your mailing address For the Nuclear Regulatory Commission. request. with your request. Annette L. Vietti-Cook, DATES: Comments on this proposal DATES: Comments on this proposal Secretary of the Commission. should be received within 60 calendar should be received within 60 calendar [FR Doc. E8–2384 Filed 2–7–08; 8:45 am] days from the date of this publication. days from the date of this publication. BILLING CODE 7590–01–P ADDRESSES: Send or deliver comments ADDRESSES: Send or deliver comments to—Ronald W. Melton, Deputy Assistant to—Cherlynn Stevens, Office of the Director, Retirement Services Program, OFFICE OF PERSONNEL Combined Federal Campaign, U.S. Center for Retirement and Insurance MANAGEMENT Office of Personnel Management, 1900 E Services, U.S. Office of Personnel Street, NW., Room 5450, Washington, Management, 1900 E Street, NW., Room Comment Request for Review of a DC 20415. 3305, Washington, DC 20415–3500. Revised Information Collection: OPM U.S. Office of Personnel Management. For Information Regarding Online Form 1417 Administrative Coordination—Contact: Howard Weizmann, Cyrus S. Benson, Team Leader, AGENCY: Office of Personnel Deputy Director. Management. Publications Team, RIS Support [FR Doc. E8–2291 Filed 2–7–08; 8:45 am] Services/Support Group, (202) 606– ACTION: Notice. BILLING CODE 6325–46–P 0623.

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Office of Personnel Management. associated with the study is an Amendment Nos. 1 and 2 thereto, was Howard Weizmann, estimated 11,000 hours. published for comment in the Federal Deputy Director. Written comments are invited on: (a) Register on December 28, 2007.4 On [FR Doc. E8–2315 Filed 2–7–08; 8:45 am] Whether this proposed collection of January 4, 2008, the Exchange filed BILLING CODE 6325–38–P information is necessary for the Amendment No. 3 to the proposed rule performance of the functions of the change.5 The Commission received no agency, including whether the comments regarding the proposal. This SECURITIES AND EXCHANGE information will have practical utility; order approves the proposed rule COMMISSION (b) the accuracy of the agency’s estimate change, as modified by Amendment of the burden imposed by the collection Nos. 1, 2 and 3 thereto. of information; (c) ways to enhance the Proposed Collection; Comment II. Description of the Proposal Request quality, utility, and clarity of the information collected; and (d) ways to Amex seeks to amend its annual Upon Written Request; Copies Available minimize the burden of the collection of shareholder meeting requirement From: Securities and Exchange information on respondents, including applicable to its listed issuers. Commission, Office of Investor through the use of automated collection Currently, Section 704 of the Amex Education and Advocacy, techniques or other forms of information Company Guide requires all listed Washington, DC 20549–0213. technology. Consideration will be given companies to hold an annual meeting of New Information Collection: to comments and suggestions submitted their shareholders in accordance with Study on the Impact of Companies’ in writing within 60 days of this such listed company’s charter, by-laws, Compliance with the Requirements publication. and applicable state or other laws. An Implementing section 404 of the Please direct your written comment to annual meeting allows the equity Sarbanes-Oxley Act of 2002; OMB R. Corey Booth, Director/Chief owners of a company the opportunity to Control No. 3235–xxxx; SEC File No. Information Officer, Securities and 270–575. elect directors and meet with Exchange Commission, C/O Shirley management to discuss company affairs. Notice is hereby given that pursuant Martinson, 6432 General Green Way, The Exchange believes, however, that to the Paperwork Reduction Act of 1995 Alexandria, Virginia 22312; or send an this requirement is not necessary for (44 U.S.C. 3501 et seq.) the Securities e-mail to: [email protected]. certain issuers of specific types of and Exchange Commission February 5, 2008. securities because the holders of such (‘‘Commission’’) is soliciting comments Florence E. Harmon, securities do not directly participate as on the collection of information equity holders and vote in the election summarized below. The Commission Deputy Secretary. [FR Doc. E8–2345 Filed 2–7–08; 8:45 am] of directors. In addition, Amex seeks to plans to submit this collection of clarify when an issuer should hold its BILLING CODE 8011–01–P information to the Office of annual meeting and remove the notice Management and Budget for approval. requirement for delayed annual The Commission staff plans to meetings. undertake a study that will involve SECURITIES AND EXCHANGE COMMISSION First, Amex proposes to amend collecting and analyzing empirical data Section 704 of its Company Guide to regarding the impact on public [Release No. 34–57268; File No. SR–Amex– explicitly state that an issuer generally companies of compliance with the 2006–31] must hold an annual meeting within requirements implementing section 404 one year of the end of its fiscal year if of the Sarbanes-Oxley Act of 2002 (15 Self-Regulatory Organizations; American Stock Exchange LLC; Order it is subject to the annual shareholder U.S.C. 7262). The study will consider meeting requirement. In addition, a new whether recent actions by the Approving Proposed Rule Change, as Modified by Amendment Nos. 1, 2, and listing that was not previously subject to Commission and the Public Company the requirement to hold an annual Accounting Oversight Board are having 3 Thereto, Relating to Annual Shareholder Meeting Requirements meeting would be required to hold its their intended effect of increasing first annual shareholder meeting within efficiency and lowering compliance February 4, 2008. one year of its fiscal year end following costs. Participation in the study will be the date of listing. Amex proposes two I. Introduction voluntary. Participants in the study are exceptions to these general expected to include companies subject On April 7, 2006, the American Stock requirements: (1) An issuer is not to the reporting requirements under Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) required to hold an annual meeting if its section 13(a) or 15(d) of the Securities filed with the Securities and Exchange fiscal year is less than twelve months Exchange Act of 1934 (15 U.S.C. 78m(a) Commission (‘‘Commission’’), pursuant long as a result of a change in its fiscal or 15 U.S.C. 78o(d)), as well as financial to Section 19(b)(1) of the Securities year end; and (2) an issuer does not analysts, auditors, investors and other Exchange Act of 1934 (‘‘Act’’) 1 and Rule have to hold an annual meeting in the interested parties. 19b–4 thereunder,2 a proposed rule same year in which it completes its We plan to invite up to 10,000 change to amend Section 704 (Annual initial public offering. respondents to participate in the study. Meetings) of the Amex Company Amex also proposes to list a variety of If all of these respondents participate in Guide.3 On December 13, 2007, the securities, the issuers of which should the study at an average estimated 1 hour Exchange filed Amendment No. 1 to the not be subject to the foregoing general per response, the total annual burden proposed rule change. On December 20, will be 10,000 hours. In addition, we 2007, the Exchange filed Amendment 4 See Securities Exchange Act Release No. 57016 also plan to conduct a follow-up survey No. 2 to the proposed rule change. The (December 20, 2007), 72 FR 73911. and in-depth interviews with up to 500 proposed rule change, as amended by 5 In Amendment No. 3, Amex made several minor respondents, at an estimated two hours typographical corrections to the proposed rule text of Exhibit 5 to accurately reflect the names of per response, for a total annual burden 1 15 U.S.C. 78s(b)(1). certain securities. Because Amendment No. 3 is of approximately 1,000 hours. 2 17 CFR 240.19b–4. technical in nature, it is not subject to notice and Therefore, the total aggregate burden 3 See Section 704 of the Amex Company Guide. comment.

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annual shareholder meeting extension, a shareholder meeting.8 In with the trust not holding the requirement. For example, Amex addition, UITs do not have boards of underlying asset, but instead holding proposes to exempt from the directors, which the UITs’ unitholders only short-term U.S. Treasuries and requirement issuers of a number of would need to elect.9 Accordingly, the cash equivalents. As the market price of securities listed pursuant to Section 107 Exchange submits that Section 704 of the underlying asset fluctuates, U.S. (Other Securities) of the Company the Amex Company Guide should Treasuries and cash are moved between Guide and certain other securities specifically exclude ETFs from the the trusts. As indicated above in issued by various passive business annual shareholder meeting connection with TIRs, issuers of Paired organizations.6 The Exchange states that requirement. Trust Shares typically do not hold these types of securities are typically Amex further proposes to exempt shareholder (or unitholder) meetings not an issuer’s primary equity security, from the annual meeting requirement because the trusts have no board of and their holders have only limited issuers of a variety of trust issued directors and essentially serve as 10 economic interests or other rights, receipts (‘‘TIRs’’) based on securities, conduits for the investors’ indirect which do not include voting rights. commodities, and currencies. investments in the performance of the Although many of these products are Traditional TIRs (i.e., HOLDRs) are underlying benchmark asset. As a result, issued by operating companies with securities issued by a trust that holds, Amex believes that Section 704 of the listed equity securities and are thus but does not manage, specific securities Amex Company Guide should subject to an annual meeting on behalf of investors in the trust. Other specifically exempt the issuers of TIRs, types of TIRs also include Commodity- requirement pursuant to the primary Commodity-Based Trust Shares, Based Trust Shares 11 and Currency market’s rules, the Exchange stated in Currency Trust Share Shares, Trust Shares.12 The Exchange states that its filing that the Company Guide Partnership Units, and Paired Trust these trusts typically do not hold should specifically exempt from such Shares from the annual shareholder shareholder (or unitholder) meetings requirement those operating companies meeting requirement. because the trusts have no board of For these reasons, Amex states that it which do not issue common stock or directors and essentially serve as has not generally required issuers of voting preferred stock.7 conduits for the investors’ indirect these securities to hold annual Similarly, Amex proposes to exempt investments in the underlying shareholder meetings in the past, from the general annual meeting securities, commodities, and/or consistent with their respective requirement portfolio depository currencies of the trusts. Similarly, the governance and organizational receipts and index fund shares, which Exchange lists Partnership Units, which documents. However, in order to are securities issued by unit investment are securities issued by a partnership provide greater certainty and trusts (‘‘UITs’’) and open-end that invests in a combination of futures transparency for listed issuers, Amex management investment companies, contracts, options on futures contracts, believes it is appropriate to revise respectively (collectively, ‘‘ETFs’’), and forward contracts, commodities, and/or Section 704 of the Company Guide to typically organized as business trusts. securities.13 A holder of a Partnership clarify that only issuers of voting and ETFs, which are generally passive Unit does not have the right of equity non-voting common stock and voting investment vehicles that seek to match ownership of the partnership, but preferred stock, and their equivalents the performance of an index, must instead, obtains a beneficial interest in (e.g., callable common stock) are obtain an exemptive order from the the partnership. Because the partnership required to hold an annual shareholder Commission before they offer securities. is a conduit for the investment in the meeting. With respect to the proposed As a result, their operations are underlying assets, the operation and list of securities, the issuers of which circumscribed by numerous management of the partnership is would be exempt from holding an representations and conditions performed by a general partner without annual meeting, if such issuers also list contained in the applicable orders, and holding annual meetings. Lastly, Paired common stock or voting preferred stock, they do not typically experience the Trust Shares (also known as MACROS) or their equivalent, such issuers must need for operational or other changes are securities designed to track either still hold an annual meeting for the requiring a shareholder vote, and, by the positive or negative performance of holders of that common stock or voting a benchmark underlying asset.14 The preferred stock, or their equivalent.15 In shares are issued by a trust in pairs, 6 The various types of securities which the addition, the Exchange notes that the Exchange believes should not be subject to the proposed annual meeting requirement annual shareholder meeting requirement include: 8 The Exchange states that ETFs are registered and the listed exemptions from such bonds and debentures; currency and index under, and remain subject to, the Investment warrants; trust preferred securities; contingent Company Act of 1940, which already imposes requirement do not supplant any value rights; equity-linked term notes; index-linked various shareholder-voting requirements that may applicable state or Federal securities exchangeable notes; index-linked securities; be applicable to the ETFs. laws concerning annual shareholder commodity-linked securities; currency-linked 9 The Exchange states that UITs are typically meetings. securities; trust certificate securities; investment operated or administered by a corporate trustee, and Finally, Amex proposes to remove the trusts based on securities of individual issuers, the portfolio of a UIT, which generally consists of stock indexes, or debt instruments; equity a fixed pool of securities, is not actively managed. provision from Section 704 of the derivatives; trust issued receipts; commodity-based 10 A trust issued receipt is defined in Amex Rule Company Guide that requires an issuer, trust shares; currency trust shares; certain 1200(b) as a security: (1) That is issued by a trust who is unable to hold an annual partnership interests; and paired trust shares. Amex which holds specified securities deposited with the shareholder meeting in a timely manner, believes that the foregoing securities should be trust; (2) that, when aggregated in some specified exempt because they do not entitle their respective minimum number, may be surrendered to the trust to notify the Exchange and the holders to voting rights. by the beneficial owner to receive the securities; stockholders of such issuer of the 7 The Commission notes that issuers of and (3) that pays beneficial owners dividends and reasons for the delay, and then use good other distributions on the deposited securities, if convertible bonds and/or debentures listed faith efforts to hold the meeting as soon pursuant to Section 104 of the Amex Company any are declared and paid to the trustee by an issuer of the deposited securities. Guide are not exempt from the annual shareholder as reasonably practicable in light of the 11 meeting requirement because such issuers must See Amex Rule 1200A. hold annual shareholder meetings with respect to 12 See Amex Rule 1200B. 15 See proposed Commentary .01 to Section 704 the underlying common stock. See infra note 15 and 13 See Amex Rule 1500. of the Amex Company Guide. See also supra note accompanying text. 14 See Amex Rule 1400. 7.

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circumstances causing the delay. Amex In addition, with respect to the absence of a compelling regulatory believes it is more appropriate to proposed list of securities, the issuers of concern, the Commission believes that it address annual meeting delays through which would be exempt under the is a reasonable exercise of the its ‘‘Continued Listing and Evaluation Exchange’s rules to hold an annual Exchange’s self-regulatory oversight to and Follow-Up’’ procedures which are shareholder meeting, the Commission choose the means of best addressing part of the rules governing suspension believes that the proposal furthers the compliance with its proposed annual and delisting under Section 1009(a)(i) of removal of impediments to a free and shareholder meeting requirement. The the Company Guide.16 Amex states that open market while continuing to ensure Commission also notes that the proposal it currently does not rely on such the protection of investors and the to remove the provision regarding the notification required in Section 704 of public interest, two principles set forth use of good faith efforts to hold the the Company Guide to monitor in Section 6(b)(5) of the Act. The annual shareholder meeting as soon as compliance with the annual shareholder Commission believes the right of reasonably practicable is similar to, and meeting requirement. Instead, the shareholders to vote at an annual conforms with, the equivalent annual Exchange staff utilizes an electronic meeting is an essential and important shareholder meeting rules of other database supplemented by manual one. The Commission, however, agrees 20 review of proxy statements and, in the with Amex that the requirement to hold national securities exchanges. The case of issuers that do not file proxy an annual shareholder meeting may not Commission further notes that under the statements, other Commission filings to be necessary for certain issuers of proposed rule change, companies will determine compliance. The electronic specific types of securities because the be required to hold their annual database receives public filings on a holders of such securities do not shareholder meeting within the specific real-time basis (i.e., deemed to be within directly participate as equity holders time periods set forth in Section 704 of one business day) and generates alerts, and vote in the election of directors or the Amex Company Guide. Thus, the which are investigated by analysts. on the affairs, operations, or policies of new rule will require stricter adherence the company. The Commission notes to the annual shareholder meeting III. Discussion that, although many of the securities requirement, in furtherance of the After careful consideration, the proposed to be exempt from the general public interest and investor protection. Commission finds that the proposed requirement are issued by operating Companies that do not comply with the rule change is consistent with the companies that have also issued listed annual shareholder meeting time requirements of the Act and the rules equity securities and would periods will be in violation of the and regulations thereunder applicable to nevertheless be subject to the annual Exchange’s new rules. a national securities exchange.17 In shareholder meeting requirement, only particular, the Commission believes that those issuers which do not issue IV. Conclusion the proposal is consistent with Section common stock or voting preferred stock It is therefore ordered, pursuant to 6(b)(5) of the Act,18 which requires, or their equivalent would be exempt Section 19(b)(2) of the Act,21 that the among other things, that the rules of a from the annual shareholder meeting proposed rule change (SR–Amex–2006– national securities exchange be requirement. The Commission further 31), as modified by Amendment Nos. 1, designed to promote just and equitable notes that the proposed annual principles of trade, to remove shareholder meeting requirement and 2, and 3 thereto, be, and it hereby is, impediments to and perfect the the listed exemptions from such approved. mechanism of a free and open market requirement do not supplant any For the Commission, by the Division of and a national market system, and in applicable state or federal securities Trading and Markets, pursuant to delegated general, to protect investors and the laws concerning annual shareholder authority.22 public interest. meetings.19 Florence E. Harmon, The Commission believes that the Finally, the Commission believes that Deputy Secretary. Exchange’s proposal relating to the Amex’s proposal to remove the [FR Doc. E8–2347 Filed 2–7–08; 8:45 am] annual shareholder meeting provisions relating to notification of a BILLING CODE 8011–01–P requirement for listed issuers is delayed annual shareholder meeting consistent with the Act. Specifically, the and the use of good faith efforts to hold Commission believes that clarifying that such meeting as soon as reasonably the issuers of voting and non-voting practicable is consistent with the Act. common stock and voting preferred The Exchange states that it does not rely stock, and their equivalents (e.g., on the notification requirement from callable common stock) are required to issuers to monitor compliance of the hold an annual shareholder meeting, the annual shareholder meeting time frame within which such issuer is requirement, but, instead, actively required to hold its annual shareholder utilizes a real-time electronic database meeting, and the general exceptions to and manual review of proxy statements this proposed rule will provide or other Commission filings to additional transparency and certainty to determine compliance. It appears that the annual shareholder meeting Amex’s notification procedures provide requirement. it with timely information to enforce compliance with the annual shareholder 16 See Section 1009(a) of the Amex Company meeting requirement. Further, in the 20 See, e.g., Rule IM–4350–8 (Shareholder Guide. Meetings) of The NASDAQ Stock Market LLC; 17 In approving this proposed rule change, the 19 The Commission submits that listed issuers Sections 302 and 401 of the Listed Company Commission notes that it has considered the that would be exempt under Section 704 of the Manual of the New York Stock Exchange LLC. proposed rule’s impact on efficiency, competition, Amex Company Guide, as proposed, would not be and capital formation. See 15 U.S.C. 78c(f). precluded from holding special meetings of holders 21 15 U.S.C. 78s(b)(2). 18 15 U.S.C. 78f(b)(5). of the relevant securities. 22 See 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE the Exchange, such assignments would (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 COMMISSION be rendered ineffective and would be notice is hereby given that on January terminated. The proposed rule change is 29, 2008, the Boston Stock Exchange, [Release No. 34–57263; File No. SR–Phlx– 2007–91] designed to facilitate the Exchange’s Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with ability to track the activities of non-SQT the Securities and Exchange Self-Regulatory Organizations; ROTs. Commission (‘‘Commission’’) the Philadelphia Stock Exchange, Inc; The Commission finds that the proposed rule change as described in Order Approving a Proposed Rule proposed rule change is consistent with Items I and II below, which Items have Change to Require a Non-Streaming the requirements of the Act and the been prepared by BSE. The Exchange Quote Trader Registered Option rules and regulations thereunder filed the proposal as a ‘‘non- Traders (‘‘non-SQT ROT’’) to Submit a applicable to a national securities controversial’’ proposed rule change List of Options for Intended exchange.5 In particular, the pursuant to Section 19(b)(3)(A)(iii) of Assignment Commission finds that the proposed the Act 3 and Rule 19b–4(f)(6) rule change is consistent with section thereunder,4 which renders the proposal February 4, 2008. 6(b)(5) of the Act,6 which requires, On December 12, 2007, the effective upon filing with the among other things, that the Exchange’s Commission. The Commission is Philadelphia Stock Exchange, Inc. rules be designed to promote just and (‘‘Phlx’’ or ‘‘Exchange’’), filed with the publishing this notice to solicit equitable principles of trade, to remove Securities and Exchange Commission comments on the proposed rule change impediments to and perfect the (‘‘Commission’’), pursuant to section from interested persons. mechanism for a free and open market 19(b)(1) of the Securities Exchange Act and a national market system, and, in I. Self-Regulatory Organization’s of 1934 (‘‘Act’’)1 and Rule 19b–4 general, to protect investors and the Statement of the Terms of Substance of thereunder,2 a proposed rule change to public interest. The Commission the Proposed Rule Change amend Exchange Rule 1014(b)(ii)(C) to believes that the proposed notification require ‘‘non-SQT ROTs’’ (as defined requirement will assist the Exchange in The Exchange is submitting the below) to submit to the Exchange a list monitoring the activities of non-SQT proposed rule change to the of the options in which such non-SQT ROTs and should contribute to the Commission to amend the Fifth ROT intends to be assigned to make Exchange’s efforts to enhance the fair Amended and Restated Operating markets. The proposed rule change was and orderly operation of the Exchange’s Agreement, dated January 26, 2005, as published for comment in the Federal market. may be amended from time to time Register on December 31, 2007.3 The (‘‘BOX LLC Agreement’’), of the Boston Commission received no comments on It is therefore ordered, pursuant to section 19(b)(2) of the Act,7 that the Options Exchange Group LLC (‘‘BOX the proposal. LLC’’), in connection with the proposed PHLX proposes to amend Exchange proposed rule change (File No. SR– Phlx–2007–91) hereby is approved. business combination (the Rule 1014(b)(ii)(C) to require ‘‘non-SQT ‘‘Combination’’) of the Montre´al 4 ROTs’’ to notify the Exchange of each Florence E. Harmon, Exchange Inc.,5 a company incorporated option, on an issue-by-issue basis, it Deputy Secretary. in Que´bec, Canada (‘‘MX’’), and TSX intends to be assigned to make markets. Group Inc., a company incorporated in Such notification would need to be For the Commission, by the Division Ontario, Canada (‘‘TSX Group’’). The made in writing on a form prescribed by of Trading and Markets, pursuant to 8 text of the rule proposal, including the the Exchange (an ‘‘ROT Assignment delegated authority. proposed Instrument of Accession, is Form’’). Any change to the ROT [FR Doc. E8–2346 Filed 2–7–08; 8:45 am] available on the Exchange’s Web site Assignment Form would have to be BILLING CODE 8011–01–P (http://www.bostonstock.com), at the made in writing by the non-SQT ROT prior to the end of the trading session Exchange, and at the Commission’s in which the change is to take place. SECURITIES AND EXCHANGE Public Reference Room. COMMISSION Receipt of the properly completed ROT II. Self-Regulatory Organization’s Assignment Form from a qualified non- Statement of the Purpose of, and SQT ROT applicant would constitute [Release No. 34–57260; File No. SR–BSE– Statutory Basis for, the Proposed Rule acceptance by the Exchange of the non- 2008–06] Change SQT ROT’s assignment in, or termination of assignment in (as Self-Regulatory Organizations; Boston In its filing with the Commission, BSE indicated on the ROT Assignment Stock Exchange, Inc.; Notice of Filing included statements concerning the Form), the options listed on such ROT and Immediate Effectiveness of purpose of and basis for the proposed Proposed Rule Change Regarding a Assignment Form. If a non-SQT ROT rule change and discussed any Proposed Combination Between the applicant failed to qualify as an ROT on comments it received on the proposed Montre´al Exchange Inc. and TSX rule change. The text of these statements Group Inc. 1 15 U.S.C. 78s(b)(1). may be examined at the places specified 2 17 CFR 240.19b–4. February 1, 2008 in Item IV below. BSE has prepared 3 See Securities Exchange Act Release No. 57034 summaries, set forth in Sections A, B, (December 21, 2007), 72 FR 74398. Pursuant to Section 19(b)(1) of the 4 A Streaming Quote Trader (‘‘SQT’’) is a Securities Exchange Act of 1934 and C below, of the most significant Registered Options Trader (‘‘ROT’’) that has aspects of such statements. received permission from the Exchange to generate 5 and submit electronic option quotations In approving this proposal, the Commission 1 15 U.S.C. 78s(b)(1). electronically via an Exchange approved quoting considered the proposed rule’s impact on 2 device. See Exchange Rule 1014(b)(ii)(A). Non-SQT efficiency, competition and capital formation. 15 17 CFR 240.19b–4. ROTs do not stream electronic quotations but make U.S.C. 78c(f). 3 15 U.S.C. 78s(b)(3)(A)(iii). verbal markets upon request and have the ability to 6 15 U.S.C. 78f(b)(5). 4 17 CFR 240.19b–4(f)(6). send limit orders to the limit order book via 7 15 U.S.C. 78s(b)(2). 5 The Montre´al Exchange Inc. is also known in electronic interface with Phlx XL. 8 17 CFR 200.30–3(a)(12). French as the Bourse de Montre´al Inc.

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A. Self-Regulatory Organization’s become an indirect, wholly owned For the reasons stated above, BSE is Statement of the Purpose of, and subsidiary of TSX Group. The submitting to the Commission the Statutory Basis for, the Proposed Rule Combination is subject to the approval proposed Instrument of Accession, Change of the Autorite´ des marche´s financiers which constitutes an amendment to the (the securities regulator for the province BOX LLC Agreement, as a rule change. 1. Purpose of Que´bec, Canada) and the The proposed rule change is subject to On January 13, 2004, the Commission shareholders of MX, as well as other becoming effective and operative approved four BSE proposals that regulatory approvals. pursuant to Section 19(b)(3)(A) of the together established, through an Following the Combination, MX, MX Act 14 and Rule 19b–4(f)(6) 15 operating agreement among its owners, US, and TSX Group will continue to thereunder. BSE proposes to make this a Delaware limited liability company, operate their respective businesses in proposal operative upon the BOX LLC, to operate BOX as an options substantially the same manner as they consummation of the Combination, trading facility of the Exchange.6 had prior to the Combination, and MX currently anticipated in late February Currently, MX U.S. 2, Inc., a wholly and MX US senior management will 2008. owned U.S. subsidiary of MX (‘‘MX remain under the stewardship of MX’s 2. Statutory Basis US’’), owns a 31.4% ownership interest current chief executive officer.10 in BOX LLC. Additionally, the operations of each of The Exchange believes that the The Exchange is submitting the MX and TSX Group will continue to be proposal is consistent with the proposed rule change to the located in the same province in which requirements of Section 6(b) of the 16 Commission to amend the BOX LLC it is currently located, and each will Act, in general, and furthers the 17 Agreement pursuant to the proposed remain subject to its existing regulatory objectives of Section 6(b)(1), in Instrument of Accession in connection framework and oversight. Consequently, particular, in that it enables the with the Combination of MX, the largest MX US’s management of its ownership Exchange to be so organized so as to derivatives exchange in Canada, and interest in BOX shall remain essentially have the capacity to be able to carry out TSX Group, which, among other things, unaffected by the Combination. the purposes of the Act and to comply, owns Canada’s pre-eminent equity Pursuant to Section 8.4(g) of the BOX and to enforce compliance by its market. As a result of the Combination, LLC Agreement, BOX LLC is required to exchange members and persons MX will become a direct 7 subsidiary of amend the BOX LLC Agreement to make associated with its exchange members, with the provisions of the Act, the rules TSX Group, a publicly traded Ontario an Acquirer 11 a party to the LLC 8 and regulations thereunder, and the corporation. Agreement if such Acquirer acquires a rules of the Exchange. The Combination will be effected Controlling Interest 12 in a BOX Member 9 The Exchange also believes that this through a series of amalgamations who holds a percentage interest in BOX involving intermediate holding filing furthers the objectives of Section LLC equal to or greater than 20%. 6(b)(5) of the Act 18 in that it is designed companies, which will cease to exist Therefore, since TSX Group is acquiring following completion of the to facilitate transactions in securities, to a Controlling Interest in MX, whose prevent fraudulent and manipulative Combination. As a result of these wholly owned subsidiary, MX US, owns transactions, MX will be amalgamated acts and practices, to promote just and a 31.4% ownership interest in BOX equitable principles of trade, to foster with a direct subsidiary of TSX Group. LLC, TSX Group, as an Acquirer, is The amalgamated company also will be cooperation and coordination with required to and will become a party to persons engaged in regulating, clearing, named Montre´al Exchange Inc. and will the BOX LLC Agreement pursuant to the be a Que´bec corporation. Consequently, settling, processing information with proposed Instrument of Accession. As a respect to, and facilitating transactions MX U.S. (including MX US’s 31.4% result, TSX Group will agree to abide by ownership interest in BOX LLC) will in securities, to remove impediments to all the provisions of the BOX LLC and perfect the mechanism of a free and Agreement, including those provisions 6 See Securities Exchange Act Release Nos. 49066 open market and a national market requiring submission to the jurisdiction system, and in general, to protect (January 13, 2004), 69 FR 2773 (January 20, 2004) 13 (establishing a fee schedule for the proposed BOX of the Commission. investors and the public interest. facility); 49065 (January 13, 2004), 69 FR 2768 Additionally, the Exchange notes that (January 20, 2004) (creating Boston Options 10 Organizational changes contemplated in the provisions of the BOX LLC Exchange Regulation LLC to which the BSE would connection with the Combination are described in delegate its self-regulatory functions with respect to the TSX Group registration statement separately Agreement, previously approved by the the BOX facility); 49068 (January 13, 2004), 69 FR filed with the Commission regarding the issuance Commission, provide a framework for 2775 (January 20, 2004) (approving trading rules for of shares in connection with the Combination. addressing the Combination. the BOX facility); and 49067 (January 13, 2004), 69 11 An ‘‘Acquirer’’ is defined as ‘‘a Person who, Accordingly, BSE believes the FR 2761 (January 20, 2004) (approving certain alone or together with any Affiliate of such Person, Combination does not present any novel regulatory provisions of the operating agreement of acquires a controlling interest in a Member.’’ See BOX LLC). BOX LLC Agreement, Section 8.4(g)(ii). 7 Certain non-voting preference shares of MX will 12 A ‘‘Controlling Interest’’ is defined as ‘‘the provided that such matter is not related to trading be owned by TSX Inc., a direct, wholly owned ownership by any Person, alone or together with on, or the regulation, of the BOX Market), and subsidiary of TSX Group. The share interests of any Affiliate of such Person, of a 25% or greater hereby waive, and agree not to assert by way of TSX Group and TSX Inc. will together represent the interest in a Member.’’ See BOX LLC Agreement, motion, as a defense or otherwise in any such suit, entire ownership interest, voting and non-voting, in Section 8.4(g)(i). action or proceeding, any claims that they are not personally subject to the jurisdiction of the U.S. MX. 13 The BOX LLC Agreement states, in part, that Securities and Exchange Commission, that the suit, 8 At its next shareholders’ meeting after the ‘‘the Members, officers, directors, agents, and action or proceeding is an inconvenient forum or effective date of the Combination, TSX Group will employees of Members irrevocably submit to the that the venue of the suit, action or proceeding is propose changing its name to TMX Group Inc. exclusive jurisdiction of the U.S. federal courts, improper, or that the subject matter hereof may not 9 The term ‘‘amalgamation’’ refers to the U.S. Securities and Exchange Commission, and the be enforced in or by such courts or agency.’’ See combination of two or more business entities into Boston Stock Exchange, for the purposes of any BOX LLC Agreement, Section 19.6. a single entity pursuant to which the combined suit, action or proceeding pursuant to U.S. federal 14 15 U.S.C. 78s(b)(3)(A). entity becomes the successor in interest, by securities laws, the rules or regulations thereunder, 15 operation of law, to the rights and obligations of the arising out of, or relating to, BOX activities or 17 CFR 240.19b–4(f)(6). combining entities. Amalgamations are commonly Article 19.6(a), (except that such jurisdictions shall 16 15 U.S.C. 78f(b). used in Canada to effect business combinations and also include Delaware for any such matter relating 17 15 U.S.C. 78f(b)(1). are similar to mergers in the United States. to the organization or internal affairs of BOX, 18 15 U.S.C. 78f(b)(5).

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issues that have not been anticipated and addressed by the BOX LLC Commission, and all written and addressed by the BOX LLC Agreement. communications relating to the Agreement. The Commission believes that proposed rule change between the waiving the 30-day operative delay is Commission and any person, other than B. Self-Regulatory Organization’s consistent with the protection of those that may be withheld from the Statement on Burden on Competition investors and the public interest public in accordance with the The Exchange does not believe that because the proposed rule change will provisions of 5 U.S.C. 552, will be the proposed rule change will impose allow the Exchange to proceed with the available for inspection and copying in any burden on competition not Combination, without undue delay, in a the Commission’s Public Reference necessary or appropriate in furtherance manner consistent with the provisions Room, 100 F Street, NE, Washington, DC of the purposes of the Act. of the BOX LLC Operating Agreement. 20549, on official business days Accordingly, consistent with the between the hours of 10 a.m. and 3 p.m. C. Self-Regulatory Organization’s protection of investors and the public Copies of such filing also will be Statement on Comments on the interest, the Commission designates the available for inspection and copying at Proposed Rule Change Received From proposed rule change to be operative the principal office of BSE. All Members, Participants, or Others upon consummation of the comments received will be posted The Exchange has neither solicited Combination.23 without change; the Commission does nor received comments on the proposed At any time within 60 days of the not edit personal identifying rule change. filing of the proposed rule change, the information from submissions. You Commission may summarily abrogate should submit only information that III. Date of Effectiveness of the such rule change if it appears to the you wish to make available publicly. All Proposed Rule Change and Timing for Commission that such action is submissions should refer to File Commission Action necessary or appropriate in the public Number SR–BSE–2008–06 and should Because the foregoing proposed rule interest, for the protection of investors, be submitted on or before February 29, or otherwise in furtherance of the change does not: (i) Significantly affect 2008. purposes of the Act. the protection of investors or the public For the Commission, by the Division of interest; (ii) impose any significant IV. Solicitation of Comments Trading and Markets, pursuant to delegated authority.24 burden on competition; and (iii) become Interested persons are invited to Florence E. Harmon, operative for 30 days from the date on submit written data, views and which it was filed, or such shorter time arguments concerning the foregoing, Deputy Secretary. as the Commission may designate, if including whether the proposed rule [FR Doc. E8–2329 Filed 2–7–08; 8:45 am] consistent with the protection of change is consistent with the Act. BILLING CODE 8011–01–P investors and the public interest, it has Comments may be submitted by any of become effective pursuant to Section the following methods: 19(b)(3)(A) of the Act 19 and Rule 19b– SECURITIES AND EXCHANGE 4(f)(6) thereunder.20 Electronic Comments COMMISSION Normally, a proposed rule change • Use the Commission’s Internet [Release No. 34–57261; File No. SR–CBOE– filed under Rule 19b–4(f)(6) 21 may not comment form (http://www.sec.gov/ 2008–05] become operative prior to 30 days after rules/sro.shtml); or the date of filing. However, Rule 19b– • Send an e-mail to rule- Self-Regulatory Organizations; 4(f)(6)(iii) 22 permits the Commission to [email protected]. Please include File Chicago Board Options Exchange, designate a shorter time if such action Number SR–BSE–2008–06 on the Incorporated; Notice of Filing and is consistent with the protection of subject line. Order Granting Accelerated Approval of Proposed Rule Change as Modified investors and the public interest. The Paper Comments Exchange has requested that the by Amendment No. 1 Thereto To Allow • Commission waive the 30-day operative Send paper comments in triplicate CBOE to List Up to Seven Expiration delay. In its filing, the Exchange to Nancy M. Morris, Secretary, Months for Reduced-Value and Jumbo requested waiver of the 30-day operative Securities and Exchange Commission, Options That Overlie Broad-Based delay because the MX shareholders are 100 F Street, NE., Washington, DC Security Indexes for Which Full-Value expected to approve the Combination on 20549–1090. Options are Used by CBOE To February 13, 2008 and subsequent All submissions should refer to File Calculate a Constant Three-Month thereto the Combination is expected to Number SR–BSE–2008–06. This file Volatility Index close in late February of 2008. number should be included on the subject line if e-mail is used. To help the February 1, 2008. Furthermore, BSE believes the Pursuant to section 19(b)(1) of the Combination does not present any novel Commission process and review your comments more efficiently, please use Securities Exchange Act of 1934 issues that have not been anticipated 1 2 only one method. The Commission will (‘‘Act’’) and Rule 19b–4 thereunder, post all comments on the Commission’s notice is hereby given that on January 19 15 U.S.C. 78s(b)(3)(A). Internet Web site (http://www.sec.gov/ 14, 2008, the Chicago Board Options 20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Exchange, Incorporated ( ‘‘Exchange’’ or 4(f)(6)(iii) requires that a self-regulatory rules/sro.shtml). Copies of the organization submit to the Commission written submission, all subsequent ‘‘CBOE’’) filed with the Securities and notice of its intent to file the proposed rule change, amendments, all written statements Exchange Commission (the along with a brief description and text of the with respect to the proposed rule ‘‘Commission’’) the proposed rule proposed rule change, at least five business days change as described in Items I and II prior to the date of filing of the proposed rule change that are filed with the change, or such shorter time as designated by the below, which Items have been Commission. The Commission notes that BSE has 23 For the purposes only of waiving the 30-day satisfied the five-day pre-filing notice requirement. operative delay, the Commission has considered the 24 17 CFR 200.30–3(a)(12). 21 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). 22 17 CFR 240.19b–4(f)(6)(iii). and capital formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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substantially prepared by the Exchange. SPX Index Options (‘‘XSP’’)) as full- only calculates one three-month On January 31, 2008, CBOE filed value option contracts. volatility index, the current proposal Amendment No. 1 to the proposed rule In the prior proposal, the Exchange would only apply to XSP options. If in change. The Commission is publishing requested the ability to list up to seven the future, however, the Exchange this notice and order to solicit expiration months in order to maintain calculates other constant three-month comments on the proposal, as amended, four consecutive near term contract volatility indexes, the current proposal from interested persons and to approve months and three quarterly cycle would permit the listing of seven the proposed rule change, as modified contract months. In order to maintain contract months for reduced-value and this structure, the Exchange noted that by Amendment No. 1, on an accelerated jumbo contract options that overlie it would need to add a seventh contract basis. broad-based security indexes for which month eight times a year. I. Self-Regulatory Organization’s Since the Commission issued the full-value options are used by the Statement of the Terms of Substance of Seven Month Approval Order, the Exchange to calculate a constant three- the Proposed Rule Change Exchange has had one occasion to month volatility index. CBOE proposes to amend Rule utilize the new provision for S&P 500 Capacity 4 24.9(a)(2), Terms of Index Option Index (‘‘SPX’’) options. Specifically Contracts, to allow the Exchange to list after December 2007 expiration, the CBOE has analyzed its capacity and up to seven expiration months for remaining SPX option series were: represents that it believes the Exchange reduced-value and jumbo options that January 2008, February 2008, March and the Options Price Reporting overlie broad-based security indexes for 2008, June 2008, September 2008 and Authority have the necessary systems which full-value options are used by the December 2008. In order to maintain capacity to handle the additional traffic Exchange to calculate a constant three- four consecutive near term contract associated with the listing of a seventh month volatility index. The text of the months, the Exchange added the April contract month for reduced-value and proposed rule change is available on the 2008 SPX option series on December 24, jumbo options that overlie broad-based Exchange’s Web site (http:// 2007. In response to the addition of the security indexes for which full-value www.cboe.org/Legal), at the Exchange’s seventh SPX option contract month after options are used by the Exchange to Office of the Secretary and at the December 2007 expiration, the calculate a constant three-month Commission’s Public Reference Room. Exchange received inquiries from volatility index.6 II. Self-Regulatory Organization’s market participants who expressed 2. Statutory Basis Statement of the Purpose of, and interest about whether a seventh Statutory Basis for, the Proposed Rule contract month would be added for XSP Because the increase in the number of Change options. Under CBOE’s current Rule expiration months is limited to options 24.9, this is not permitted. overlying broad based security indexes In its filing with the Commission, In order to provide consistent upon which the Exchange calculates a CBOE included statements concerning treatment across all like products and in constant three-month volatility and the purpose of, and basis for, the response to customer demand, the proposed rule change and discussed any because the series could be added Exchange is proposing to permit the without presenting capacity problems, comments it received on the proposed addition of a seventh contract month for the Exchange believes the rule proposal rule change. The text of these statements reduced-value and jumbo option is consistent with Act and the rules and may be examined at the places specified contracts (e.g., XSP and DLX options) in Item III below. CBOE has prepared that overlie broad-based security regulations under the Act applicable to summaries, set forth in sections A, B, indexes for which full-value options are a national securities exchange and, in and C below, of the most significant used by the Exchange to calculate a particular, the requirements of section aspects of such statements. constant three-month volatility index. 6(b) of the Act.7 Specifically, the To effect this change, the Exchange is Exchange believes that the proposed A. Self-Regulatory Organization’s rule change is consistent with the Statement of the Purpose of, and proposing to add the phrase ‘‘including section 6(b)(5) Act 8 requirements that Statutory Basis for, the Proposed Rule reduced-value and jumbo option the rules of an exchange be designed to Change contracts’’ to Rule 24.9(a)(2). In support of this proposal, the promote just and equitable principles of 1. Purpose Exchange states it has always been the trade, to prevent fraudulent and intention of the Exchange to list the The Commission recently approved a manipulative acts and, in general, to same contract months for reduced-value protect investors and the public interest. rule change that allows the Exchange to options as for full-value options that list up to seven expiration months for overlie the same broad-based security B. Self-Regulatory Organization’s broad-based security index options index.5 Because the Exchange currently Statement on Burden on Competition upon which the Exchange calculates a 3 constant three-month volatility index. 4 Currently, CBOE calculates only one three- CBOE does not believe that the This current proposal seeks to extend month volatility index, the CBOE S&P 500 Three- proposed rule change will impose any that provision to reduced-value and Month Volatility Index (‘‘VXV’’), based on SPX burden on competition not necessary or jumbo option contracts which overlie options. Therefore, only SPX options are eligible for appropriate in furtherance of purposes the addition of a seventh contract month in order the same broad-based security index to maintain four consecutive near term contract of the Act. (e.g., Jumbo DJX Index Options (‘‘DXL’’), months and three quarterly cycle contract months. 5 CBOE Mini-NDX Index (‘‘MNX’’), Mini- See e.g., Securities Exchange Act Release No. 6 Because the Exchange currently only calculates Russell 2000 Index (‘‘RMN’’), and Mini- 32893 (September 14, 1993), 58 FR 49070 one three-month volatility index (the CBOE S&P (September 21, 1993) (‘‘Consistent with Exchange 500 Three-Month Volatility Index (‘‘VXV’’) based Rule 24.9, ’Terms of Option Contracts,’ the CBOE on SPX options) the current proposal would only 3 See Securities Exchange Act Release No. 56821 proposes to list reduced-value SPX options expiring (November 20, 2007), 72 FR 66210 (November 27, in the same quarterly cycle as full-value SPX apply to Mini-SPX Index (‘‘XSP’’) options. 2007) (SR–CBOE–2007–82) (‘‘Seven Month options and to list expirations in the current and 7 15 U.S.C. 78f(b). Approval Order’’). next two succeeding calendar months.’’). 8 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s be submitted on or before February 29, contract months and three quarterly Statement on Comments on the 2008. cycle contracts months. The Proposed Rule Change Received From Commission notes that this proposed IV. Commission’s Findings and Order Members, Participants or Others rule change does not raise any new Granting Accelerated Approval of the The Exchange neither solicited nor Proposed Rule Change regulatory issues from those raised in received comments on the proposal. the rule filing which allowed CBOE to After careful review, the Commission list add a seventh expiration month for III. Solicitation of Comments finds that CBOE’s proposal to amend full-value broad-based security index Rule 24.9(a)(2), Terms of Index Option options.12 Interested persons are invited to Contracts to allow the Exchange to list submit written data, views, and up to seven expiration months for V. Conclusion arguments concerning the foregoing, reduced-value and jumbo options that It is therefore ordered, pursuant to including whether the proposed rule overlie broad-based security indexes for change is consistent with the Act. section 19(b)(2) of the Act,13 that the which full-value options are used by the proposed rule change (SR–CBOE–2008– Comments may be submitted by any of Exchange to calculate a constant three- the following methods: 05), as modified by Amendment No. 1, month volatility index is consistent be, and it hereby is approved on an Electronic Comments with the requirements of the Act and the accelerated basis. • rules and regulations thereunder Use the Commission’s Internet applicable to a national securities For the Commission, by the Division of comment form (http://www.sec.gov/ 9 Trading and Markets, pursuant to delegated exchange and, in particular, the 14 rules/sro.shtml); or 10 authority. • requirements of section 6 of the Act Send an e-mail to rule- and the rules and regulations Florence E. Harmon, [email protected]. Please include File thereunder. The Commission believes Deputy Secretary. Number SR-CBOE–2008–05 on the that increasing, from six to seven, the [FR Doc. E8–2330 Filed 2–7–08; 8:45 am] subject line. number of expiration months for these BILLING CODE 8011–01–P Paper Comments options (to accomodate a fourth • consecutive near-term month while Send paper comments in triplicate maintaining the listing of three months SECURITIES AND EXCHANGE to Nancy M. Morris, Secretary, on a quarterly expiration cycle) will COMMISSION Securities and Exchange Commission, result in a more consistent and 100 F Street, NE., Washington, DC predictable calculation in which the [Release No. 34–57264; File No. SR–CHX– 20549–1090. option series that bracket three months 2007–27] All submissions should refer to File to expiration will always expire one Number SR-CBOE–2008–05. This file month apart, thereby promoting just and Self-Regulatory Organizations; number should be included on the equitable principles of trade while Chicago Stock Exchange, Inc.; Order subject line if e-mail is used. To help the protecting investors and the public Approving a Proposed Rule Change To Commission process and review your interest. Eliminate a Requirement That a comments more efficiently, please use The Commission also notes CBOE’s Participant Have a Formal Written only one method. The Commission will representations that it possesses the Agreement To Use Another post all comments on the Commission’s necessary systems capacity to handle Participant’s Give-Up Internet Web site (http://www.sec.gov/ the additional traffic associated with the rules/sro.shtml). Copies of the additional listing of a seventh contract February 4, 2008. submission, all subsequent month for reduced-value and jumbo On December 12, 2007, the Chicago amendments, all written statements options that overlie broad-based Stock Exchange, Inc (‘‘CHX’’ or with respect to the proposed rule security indexes for which full-value ‘‘Exchange’’) filed with the Securities change that are filed with the options are used by the Exchange to and Exchange Commission Commission, and all written calculate a constant three-month (‘‘Commission’’), pursuant to section communications relating to the volatility index. 19(b)(1) of the Securities Exchange Act proposed rule change between the The Exchange has requested of 1934 (‘‘Act’’) 1 and Rule 19b–4 Commission and any person, other than accelerated approval of the proposed thereunder,2 a proposed rule change to those that may be withheld from the rule change. The Commission finds amend CHX Article 9, Rule 25 to public in accordance with the good cause, consistent with Section eliminate the requirement that a provisions of 5 U.S.C. 552, will be 19(b)(2) of the Act,11 for approving this participant have a formal written available for inspection and copying in proposed rule change before the agreement to use another participant’s the Commission’s Public Reference thirtieth day after the publication of give-up.3 The proposed rule change was Room, 100 F Street, NE., Washington, notice thereof in the Federal Register published for comment in the Federal DC 20549, on official business days because accelerating approval will between the hours of 10 a.m. and 3 p.m. enable CBOE to harmonize the contract 12 See supra Note 3. Copies of such filing also will be month listings between full-value SPX 13 15 U.S.C. 78s(b)(2). available for inspection and copying at options and reduced-value SPX options 14 17 CFR 200.30–3(a)(12). the principal office of CBOE. All (i.e., XSP options) by listing a seventh 1 15 U.S.C. 78s(b)(1). comments received will be posted expiration month (May 2008) in order to 2 17 CFR 240.19b–4. maintain four consecutive near term 3 See Securities Exchange Act Release No. 57036 without change; the Commission does (December 21, 2007), 72 FR 74381 (December 31, not edit personal identifying 2007) (‘‘Notice’’) at footnote 3 (defining a ‘‘give-up’’ information from submissions. You 9 In approving this proposed rule change, the as a multi-character symbol that identifies a CHX should submit only information that Commission has considered the proposed rule’s participant firm. In the context of this rule, if a impact on efficiency, competition, and capital participant executes a trade using another you wish to make available publicly. All formation. 15 U.S.C. 78c(f). participant’s give-up, the firm is identifying the submissions should refer to File 10 15 U.S.C. 78f. other firm as a party to the trade and allocating the Number SR–CBOE–2008–05 and should 11 15 U.S.C. 78s(b)(2). trade to the other firm’s account for clearing).

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Register on December 31, 2007.4 The give-up pursuant to instructions from II. Description of the Proposal Commission received no comments on either that participant or its customer Individually tailored index and equity the proposal. This order approves the without requiring that a written options currently may be traded proposed rule change, as amended. agreement first be in place between pursuant to Rule 1079, FLEX Index and When the CHX adopted rules for its those participants, thereby providing Equity Options.5 Phlx proposes to new trading model, it included a greater flexibility for members to amend Rule 1079 6 to permit trading of provision that requires a participant that execute trades on the Exchange. The U.S. dollar-settled FCOs with executes a trade using another Commission notes, however, that individually tailored expiration dates participant’s give-up to have a written participants may choose to continue and exercise prices (‘‘FLEX currency agreement authorizing the use of the entering into formal written give-up 7 5 options’’). Provisions of Rule 1079 that give-up. Soon after implementing its agreements as they consider are not limited by their terms to FLEX new trading model, the Exchange appropriate. index or equity options will be equally contemplated limiting the way in which It is therefore ordered, pursuant to 8 11 applicable to FLEX currency options. the rule would apply to its institutional section 19(b)(2) of the Act, that the The Options Clearing Corporation brokers by allowing institutional brokers proposed rule change (SR–CHX–2007– (‘‘OCC’’) will be the issuer and to use other participants’ give-ups in 27) is approved. guarantor of these new options. accordance with reasonable written For the Commission, by the Division of order-handling procedures, without Trading and Markets, pursuant to delegated A. Characteristics of FLEX Currency specifically requiring that a written authority.12 Options agreement be in place.6 The Exchange Florence E. Harmon, Pursuant to proposed Rule believed that the rule provided an Deputy Secretary. 1079(a)(3)(C), users will be able to appropriate general standard, but did [FR Doc. E8–2331 Filed 2–7–08; 8:45 am] individually tailor the strike prices of not intend to require a potentially BILLING CODE 8011–01–P FLEX currency options. Strike prices substantial change in the long-standing need not be consistent with strike price business practices of the Exchange’s intervals permissible for non-FLEX U.S. institutional brokers, who often execute SECURITIES AND EXCHANGE dollar-settled FCOs. The strike price a trade using another participant’s give- COMMISSION may be specified in terms of a specific up, pursuant to instructions from such dollar amount rounded to the nearest participant or its customer.7 [Release No. 34–57265; File No. SR–Phlx– 2007–68] ten thousandth of a dollar (expressed The Exchange now proposes to without reference to the first two eliminate the ‘‘give-up agreement’’ rule Self-Regulatory Organizations; decimal places) for FLEX currency altogether. The Exchange believes the Philadelphia Stock Exchange, Inc.; options other than the Japanese yen rule sets a good business standard, but Order Granting Approval to Proposed currency option. FLEX options on the does not believe that it is appropriate to Rule Change as Modified by Japanese yen may be specified in terms put a hard-and-fast rule to that effect in Amendment Nos. 1 and 2 Thereto of a specific dollar amount rounded to place because of its potential impact on Relating to Customized U.S. Dollar- the nearest one millionth of a dollar the day-to-day business practices of (expressed without reference to the first 8 Settled Foreign Currency Options some of its institutional brokers. four decimal places).9 The Commission finds that the February 4, 2008. proposed rule change is consistent with I. Introduction technical correction to the rule text. This correction the requirements of the Act and the is not subject to notice and comment. rules and regulations thereunder On September 6, 2007, the 5 See Securities Exchange Act Release No. 39549 applicable to a national securities Philadelphia Stock Exchange, Inc. (January 14, 1998), 63 FR 3601 (January 23, 1998) exchange.9 In particular, the (‘‘Phlx’’ or ‘‘Exchange’’) filed with the (adopting SR–Phlx–96–38). The term ‘‘FLEX’’ is a trademark of the Chicago Board Options Exchange, Commission finds that the proposal is Securities and Exchange Commission Inc. consistent with section 6(b)(5) of the (‘‘Commission’’), pursuant to Section 6 The Exchange also proposes to amend Floor Act,10 which requires, among other 19(b)(1) of the Securities Exchange Act Procedure Advice F–28, Trading FLEX Index and things, that the rules of an exchange be of 1934, as amended (‘‘Act’’) 1 and Rule Equity Options, to make corresponding changes to designed to promote just and equitable 19b–4 thereunder,2 a proposed rule those being proposed to Rule 1079(b). 7 Currently, a variety of customized physical principles of trade, remove change relating to trading of delivery FCOs are traded on the Exchange pursuant impediments to and perfect the individually tailored U.S. dollar-settled to Rule 1069, Customized Foreign Currency mechanism of a free and open market foreign currency options (‘‘FCOs’’). On Options. Users currently have the ability with and a national market system, and, in December 18, 2007, the Exchange filed respect to physical delivery FCOs to customize the strike price and quotation method and to choose general, protect investors and the public Amendment No. 1. The proposed rule underlying and base currency combinations from interest. Repealing this rule will permit change, as amended, was published for among various Exchange listed currencies, the Exchange’s members to execute comment in the Federal Register on including the U.S. dollar. See Securities Exchange trades using another CHX participant’s December 31, 2007.3 The Commission Act Release No. 34925 (November 1, 1994), 59 FR 55720 (November 8, 1994). References in Exchange received no comments on the proposal. rules to ‘‘FLEX currency options’’ will apply only 4 See id. On January 29, 2008, the Exchange filed to U.S. dollar-settled FCOs and will not include 5 See Securities Exchange Act Release No. 54550 Amendment No. 2.4 This order approves customized physical delivery FCOs that trade (September 29, 2006), 71 FR 59563 (October 10, the proposed rule change, as amended. pursuant to Phlx Rule 1069. 2006) (approval order for the new trading model). 8 Generally, like FLEX index and equity options, 6 See File No. SR–CHX–2006–32. The Exchange FLEX currency options will be traded in accordance 11 15 U.S.C. 78s(b)(2). withdrew that proposal on December 12, 2007. with many existing options rules. Rule 1079 states 12 7 See Notice, supra note 3, at 74381. 17 CFR 200.30–3(a)(12). that to the extent that the provisions of Rule 1079 8 See id. 1 15 U.S.C. 78s(b)(l). are inconsistent with other applicable Exchange 9 In approving this proposed rule change, the 2 17 CFR 240.19b–4. rules, Rule 1079 takes precedence with respect to Commission notes that it has considered the 3 See Securities Exchange Act Release No. 57018 FLEX options. proposed rule’s impact on efficiency, competition, (December 20, 2007), 72 FR 74392 (‘‘Notice’’). 9 FLEX currency options will be margined at the and capital formation. 15 U.S.C. 78c(f). 4 See Partial Amendment dated January 29, 2008 same levels as the Exchange’s non-FLEX U.S. 10 15 U.S.C. 78f(b)(5). (‘‘Amendment No. 2’’). Amendment No. 2 made one dollar-settled FCOs. See Phlx Rule 722.

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Pursuant to proposed Rule 1079(a)(6), ROTs and assigned Specialists who FLEX currency options will be governed FLEX currency option contracts will be respond to an RFQ 17 will be required to by Rule 1079(b)(6), which currently allowed to expire on any month, respond to each RFQ with at least 250 applies to crosses in FLEX index and business day and year within two contracts or the size amount requested equity options. years,10 provided that a FLEX currency in the RFQ, whichever is less.18 C. Position Limits option will not be permitted to expire Rule 1079(a)(9) is being amended to on any day that falls on or within two provide for settlement for FLEX Proposed Rule 1079(d)(3) is unique to business days prior or subsequent to an currency options. The settlement value FLEX currency options and provides expiration day for a non-FLEX U.S. determination for FLEX currency that positions in FLEX currency options dollar-settled FCO on the same options will be the same as for non- will be aggregated with positions in underlying currency or on any day on FLEX U.S. dollar-settled FCOs, except non-FLEX U.S. dollar-settled FCO which the Federal Reserve Bank is not that the closing settlement value for contracts, as well as physical delivery scheduled to publish its Noon Buying FLEX currency options will be the Noon FCO contracts, for purposes of Rate.11 All FLEX currency options with Buying Rate on the expiration date, determining compliance with the customized expiration dates will expire whereas Rule 1057 bases the closing position limits established by Phlx Rule at 11:59 p.m. eastern time on their settlement value for non-FLEX U.S. 1001.22 dollar-settled FCO on the Noon Buying designated expiration date and cease D. Trading Hours trading at 10:15 a.m. eastern time that Rate on the business day prior to day.12 expiration.19 FLEX currency options The Exchange has determined that, FLEX currency options will be quoted will be subject to the exercise-by- initially, FLEX currency options will in terms of dollars per unit of exception procedures of OCC.20 have the same trading hours as non- underlying foreign currency, like the FLEX U.S. dollar-settled FCOs. The B. Quoting and Trading of FLEX non-FLEX U.S. dollar settled FCOs.13 Exchange will be able to establish other Options FLEX currency options may be quoted trading times for FLEX currency options and traded in the same minimum The Automated Options Market within the regular trading hours for the increments that are established for non- (‘‘AUTOM’’) system is not available for non-FLEX U.S. dollar-settled FCOs, FLEX U.S. dollar settled FCOs.14 FLEX FLEX options.21 All FLEX options must including reflecting any new trading currency options, like non-FLEX U.S. be quoted and traded in the trading hours for non-FLEX U.S. dollar-settled dollar-settled FCOs, will be limited to crowd of the corresponding non-FLEX FCOs.23 15 option. Quoting and trading in FLEX European exercise style only. E. Surveillance and Customer Protection Pursuant to proposed Rule 1079(a)(8), currency options will be subject to Rule if there is no open interest in the 1079(b), which currently governs the Exchange rules and regulations particular FLEX currency option series quoting and trading of FLEX index and involving sales practice will be when a request for a quote (‘‘RFQ’’) is equity options. Rule 1079(c), which applicable to FLEX currency options. submitted,16 the minimum size of an governs who may trade FLEX options, The Exchange also represents that it has RFQ for FLEX currency options will be will apply to FLEX currency options in adequate surveillance procedures for, 50 contracts. If there is open interest, the same manner as FLEX index and and systems capacity to support, the the minimum size of the RFQ will be 25 equity options. In addition, crossing in trading of FLEX currency options. contracts, or the remaining size on a III. Commission Finding and 17 See Rule 1079(c)(1) regarding Assigned ROTs closing transaction, whichever is less. Conclusions The minimum value size for a and Assigned Specialists. Rule 1079(c)(1) currently applies to all FLEX options and will apply to FLEX responsive quote, other than a After careful consideration, the currency options as well. Commission finds that the proposed responsive quote of an assigned 18 These minimum sizes are different from the Registered Options Trader (‘‘ROT’’) or minimum sizes applicable to FLEX index and assigned Specialist, will be 50 contracts equity options under existing Rule 1079(a)(8). 22 Like non-FLEX U.S. dollar-settled FCOs, (i) one 19 The closing settlement value for FLEX options British pound FLEX option contract will count as or the remaining size on a closing on the Canadian dollar, the Swiss franc and the one-third of a contract, (ii) one Euro FLEX option transaction, whichever is less. Assigned Japanese yen will be an amount equal to one contract will count as one-sixth of a contract, (iii) divided by the day’s announced Noon Buying Rate, one Australian dollar FLEX option contract will 10 U.S. dollar-settled FCO contracts currently may as determined by the Federal Reserve Bank of New count as one-fifth of a contract, (iv) one Canadian only be traded with expirations at one, two, three, York on the expiration date, rounded to the nearest dollar FLEX option contract will count as one-fifth six, nine and twelve months. See Phlx Rule 1012. .0001 (except in the case of the Japanese yen where of a contract, (v) one Swiss Franc FLEX option contract will count as one-sixth of a contract, and 11 See proposed amendment to Rule the amount would be rounded to the nearest (vi) one U.S. dollar-settled Japanese yen FLEX 1079(a)(6)(A). FLEX index and equity options also .000001). If the Noon Buying Rate is not announced option contract will count as one-sixth of a contract. cannot expire on or within two business days prior by 5 p.m. eastern time on expiration day, the The counting of both FLEX and non-FLEX U.S. to or subsequent to an expiration day for a non- closing settlement value will be based upon the dollar-settled FCO contracts as less than one full FLEX index or equity option on the same most recently announced Noon Buying Rate, unless contract reflects the fact that the size of the U.S. underlying index or security, as applicable. the Exchange determined to apply an alternative dollar-settled FCO contract is smaller than the 12 closing settlement value as a result of extraordinary Id. See also proposed amendment to Rule circumstances. Exchange’s physical delivery contract on the same 1079(a)(9)(C). 20 See OCC Rule 805, which sets forth the currencies. The position limit rules were originally 13 See proposed Rule 1079(a)(4)(B). expiration date exercise procedures for options adopted for the larger physical delivery contracts. 14 See Phlx Rule 1034(a)(ii)(A). cleared and settled by the OCC. The exercise-by- In addition, the Exchange has amended Rule 15 Currently, Rule 1079(a)(5) permits market exception or ‘‘Ex-by-Ex’’ procedure employed by 1079(e), Exercise Limits, to include FLEX U.S. participants to determine whether a FLEX index or OCC in OCC Rule 805 allows an OCC Clearing dollar-settled FCOs. equity option will have either an American or Member to effect a choice not to exercise an option 23 Under this proposal, expanding and narrowing European exercise style. An American style option that is in the money by the exercise threshold FLEX currency trading hours within the regular may be exercised at any time up to its expiration, amount or more, or to exercise an option which has trading hours of the particular product would not while a European style option can only be exercised not reached the exercise threshold amount. require a proposed rule change pursuant to Section on its expiration day. See Phlx Rule 1000(b)(34) and 21 The term ‘‘AUTOM’’ is used interchangeably 19(b) of the Act. The Exchange, however, would (35). with the term ‘‘Phlx XL,’’ the Exchange’s fully notify its members, in advance, prior to making any 16 See Phlx Rule 1079(b) for a description of the electronic trading platform for options. The such change. Any proposal to expand trading hours RFQ procedure for FLEX options. This procedure Exchange intends to file a separate proposed rule outside of established regular trading hours will be will apply to FLEX currency options in the same change to update its rules to reflect that orders are submitted as a proposed rule change to the way as to FLEX index and equity options. now delivered electronically over Phlx XL. Commission pursuant to Section 19(b) of the Act.

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rule change, as amended, is consistent expiration dates is designed to enable believes that such aggregation, which is with the requirements of the Act and the investors and other market participants designed to minimize concerns rules and regulations thereunder to hedge their exchange rate exposure regarding manipulations or disruptions applicable to a national securities more accurately by trading a contract of the market for those and related exchange, and, in particular, the that expires on the date of their choice. products, is consistent with the Act. requirements of Section 6(b)(5) and 11A The proposal also will permit investors Finally, the Commission believes that of the Act.24 Specifically, the and other market participants to a regulatory system designed to protect Commission finds that Phlx’s proposal individually tailor the strike prices of public customers must be in place is designed to provide investors with a FLEX currency options. As the proposal before the trading of sophisticated tailored product that may be more makes clear, such strike prices need not financial instruments, such as FLEX suitable to their investment needs. be consistent with strike price intervals currency options, can commence on a Moreover, consistent with Section 11A, permissible for non-FLEX U.S. dollar- national securities exchange. Phlx has the proposal encourages fair settled FCOs. This additional flexibility represented that Exchange rules and competition among brokers and dealers permits users of FLEX currency options regulations involving sales practice will and exchange markets, by allowing the to tailor the product according to their be applicable to FLEX currency options, Exchange to compete with the over-the- investment needs and objectives, and and that the Exchange has adequate counter market in foreign currency the Commission finds it consistent with surveillance procedures for, and options. Additionally, the Commission the Act. systems capacity to support, the trading believes that the proposal will help The Commission also believes that the of FLEX currency options. Thus, the promote the maintenance of fair and Exchange has extended the application Commission believes that the goal of orderly markets because it will extend of existing rules regarding FLEX index ensuring adequate customer protection the benefits of a listed, exchange market and equity options, and non-FLEX U.S. has been satisfied by the Exchange, to FCOs that are more flexible than dollar-settled FCOs, to FLEX currency consistent with the Act. currently listed FCOs.25 options consistent with the Act. For The proposed rule change will permit example, like FLEX index and equity IV. Conclusion the trading of U.S. dollar-settled FCOs options, the expiration date for a FLEX For the foregoing reasons, the with individually tailored expiration currency option cannot fall on or within Commission finds that the proposed dates and strike prices.26 The two business days prior or subsequent rule change, as amended, is consistent Commission notes that it previously to an expiration date for a non-FLEX with the Act and the rules and approved rules relating to the listing option on the same underlying regulations thereunder applicable to a and trading of FLEX index and equity currency. Further, the procedure for national securities exchange. In options on Phlx, which give investors quoting and trading of FLEX currency addition, the Commission finds and other market participants the ability options in Rule 1079(b) will be the same pursuant to Rule 9b–1 under the Act to individually tailor, within specified as the existing procedure for the quoting that FLEX currency options are limits, certain terms of those index and and trading of FLEX index and equity standardized options for purposes of the equity options.27 The current proposal options. The proposal also sets options disclosure framework incorporates FLEX currency options minimum size requirements for RFQs established under Rule 9b–1 of the into these existing rules and regulatory and responses to RFQs, as it does for Act.29 framework. The Commission finds that FLEX index and equity options. It is therefore ordered, pursuant to the Exchange’s proposal to introduce Similarly, the Exchange’s proposal Section 19(b)(2) of the Act,30 that the the trading of FLEX currency options applies certain rules governing non- proposed rule change (SR–Phlx–2007– into the market in this manner, which FLEX U.S. dollar-settled FCOs to FLEX 68), as amended, is approved. will result in a substantially similar currency options. For example, like It is further ordered, pursuant to Rule regulatory structure for all FLEX non-FLEX U.S. dollar-settled FCOs, 9b–1(a)(4) under the Act,31 that FLEX products traded on Phlx, is consistent FLEX currency options will be quoted currency options are designated as with the Act. in terms of dollars per unit of standardized options. Pursuant to the proposed rule change, underlying foreign currency, and may the Exchange will be able to offer be quoted and traded in the same For the Commission, by the Division of investors and other market participants minimum increments that are Trading and Markets, pursuant to delegated authority.32 the ability to trade FLEX currency established for non-FLEX U.S. dollar- options with an expiration date in any settled FCOs. The settlement value Florence E. Harmon, month, business day and year, subject to determination for FLEX currency Deputy Secretary. certain explicit restrictions as described options also will be calculated in a [FR Doc. E8–2332 Filed 2–7–08; 8:45 am] above. The ability to customize manner that is substantially identical to BILLING CODE 8011–01–P the calculation of settlement value for 24 15 U.S.C. 78f(b)(5) and 78k–1. non-FLEX U.S. dollar-settled FCOs, and 25 In approving this rule, the Commission notes FLEX currency options will have the SMALL BUSINESS ADMINISTRATION that it has considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 same trading hours as non-FLEX U.S. U.S.C. 78c(f). dollar-settled FCOs. National Small Business Development 26 As noted above, OCC will be the issuer and In addition, the proposal requires the Center Advisory Board; Public Meeting guarantor of all FLEX currency options. The aggregation of positions in FLEX Pursuant to the Federal Advisory Commission is designating FLEX currency options currency options with positions in non- as standardized options for purposes of the options Committee Act, Appendix 2 of Title 5, FLEX U.S. dollar-settled FCOs and disclosure framework established under Rule 9b–1 United States Code, Public Law 92–463, of the Act. See Securities Exchange Act Release physical delivery FCOs for purposes of Nos. 31910 (February 23, 1993), 58 FR 12056 determining compliance with the 29 (March 2, 1993); 34925 (November 1, 1994), 59 FR See supra note 26. Exchange’s existing position limit rules 30 15 U.S.C. 78s(b)(2). 55720 (November 8, 1994); and 36841 (February 14, 28 1996), 61 FR 6666 (February 21, 1996). in Rule 1001. The Commission 31 17 CFR 240.9b–1(a)(4). 27 See Securities Exchange Act Release No. 39549 32 17 CFR 200.30–3(a)(12) and 17 CFR 200.30– (January 14, 1998), 63 FR 3601 (January 23, 1998). 28 See supra note 22 and accompanying text. 3(a)(51).

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notice is hereby given that the U.S. November 2007. The First Assessment All public comments will be made Small Business Administration (SBA), Report was completed in 1990, the available on the U.S. Climate Change National Small Business Development Second Assessment Report in 1995, and Science Program (CCSP) Web site at Center Advisory Board will be hosting the Third Assessment Report in 2001. http://www.climatescience.gov/Library/ a public meeting via conference call to These reports have been widely used as ipcc/ipcc-future.htm as submitted, discuss such matters that may be key references for the state of knowledge unless modified for technical reasons. presented by Board members, staff of on climate change, including in Accordingly, comments will not be the SBA and interested others. The international climate discussions under edited to remove any identifying or conference call is scheduled for the United Nations Framework contact information. Tuesday, February 19, 2008, at 1 p.m. Convention on Climate Change FOR FURTHER INFORMATION CONTACT: Eastern Standard Time. The purpose of (UNFCCC). The IPCC also issues Trigg Talley, U.S. Department of State, this meeting is to discuss the upcoming periodic Special Reports on specific Office of Global Change, at (202)647– ASBDC Spring Conference in March and aspects of climate change. The most 3984. recent of these, on Carbon Dioxide other official SBDC business. SUPPLEMENTARY INFORMATION: IPCC Capture and Storage, was released in Anyone wishing to make an oral assessments and special reports and 2005. The United States has played a presentation to the Board must contact other information about IPCC activities leading role in the IPCC since its Alanna Falcone, Program Analyst, U.S. are available at http://www.ipcc.ch. Small Business Administration, Office inception, through official contributions of Small Business Development Centers, and key leadership positions in IPCC Dated: February 5, 2008. 409 3rd Street, SW., Washington, DC report development, as well as through Donna L. Lee, 20416, telephone (202) 619–1612 or fax the contributions of many U.S. scientist Foreign Affairs Officer, Department of State. (202) 481–0134. and experts to the reports themselves. [FR Doc. E8–2360 Filed 2–7–08; 8:45 am] All IPCC reports are developed in a BILLING CODE 4710–09–P Cherylyn H. Lebon, manner that conforms to the IPCC Committee Management Officer. Principles and Procedures, which were [FR Doc. E8–2290 Filed 2–7–08; 8:45 am] developed by participating governments DEPARTMENT OF TRANSPORTATION BILLING CODE 8025–01–P‘ of the IPCC. Consistent with these principles and procedures, IPCC reports Federal Aviation Administration should be neutral with respect to policy, [Summary Notice No. PE–2008–02] DEPARTMENT OF STATE although they need to deal objectively with policy relevant scientific, [Public Notice 6094] Petition for Exemption; Summary of technical, and socio-economic factors. Petition Received Evaluation of the Intergovernmental Efforts are currently underway within AGENCY: Federal Aviation Panel on Climate Change the IPCC to initiate a dialogue regarding the scope and nature of IPCC activities Administration (FAA), DOT. ACTION: Request for public comment. in the coming years. In order to inform ACTION: Notice of petition for exemption these discussions, the State Department received. SUMMARY: The U.S. State Department, in is requesting public comment regarding its role as coordinator for the U.S. aspects of the IPCC products and the SUMMARY: This notice contains a Government’s role in the IPCC, requests processes used to develop them. summary of a petition seeking relief public comment on the activities and from specified requirements of 14 CFR. process of the Intergovernmental Panel Comments of particular value might The purpose of this notice is to improve on Climate Change (IPCC) in order to focus on: the public’s awareness of, and facilitate the U.S. Government’s effort to —The value of comprehensive participation in, this aspect of FAA’s assess and enhance the IPCC’s high- assessments vs. special reports; regulatory activities. Neither publication level of scientific credibility and —The structure, frequency and process of this notice nor the inclusion or relevance for the evolving needs of for developing IPCC reports; omission of information in the summary decision-maker. —Substantive areas that need stronger is intended to affect the legal status of The IPCC is a scientific coverage and, if so, why; the petition or its final disposition. intergovernmental body set up by the —Relationship of the reports to the DATES: Comments on this petition must World Meteorological Organization needs of decision-makers. identify the petition docket number (WMO) and the United Nations The public is also welcome to submit involved and must be received on or Environment Program (UNEP). The comment on other aspects of the IPCC before February 28, 2008. as it sees fit. Further information about IPCC’s role is to assess on a ADDRESSES: the activities of the IPCC, as well as You may send comments comprehensive, objective, open, and identified by Docket Number FAA– transparent basis the latest scientific, IPCC reports can be found at http:// www.ipcc.ch. 2008–0053 using any of the following technical, and socio-economic literature methods: produced worldwide. Consistent with DATES: Comments must be received on • Government-wide rulemaking Web this role, the IPCC does not conduct or before February 29, 2008. site: Go to http://www.regulations.gov research, nor does it monitor climate ADDRESSES: Send comments via e-mail and follow the instructions for sending related data or parameters. to [email protected] by your comments electronically. In order to fulfill this role, the IPCC the prescribed deadline. Append • Mail: Send comments to the Docket produces comprehensive assessment surname to title and to the attached Management Facility; U.S. Department reports at regular intervals of the state word-processing file to facilitate of Transportation, 1200 New Jersey of knowledge with respect to climate processing and archival (e.g., ‘‘IPCC Avenue, SE., West Building Ground change science; impacts, vulnerability Future: Smith’’ and IPCC-Smith.doc), Floor, Room W12–140, Washington, DC and adaptation; and mitigation. The and include contact details (name, 20590. most recent of these, the Fourth institution, physical address, phone, • Fax: Fax comments to the Docket Assessment Report, was completed in and e-mail). Management Facility at 202–493–2251.

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• Hand Delivery: Bring comments to DEPARTMENT OF TRANSPORTATION and follow the instructions for sending the Docket Management Facility in your comments electronically. Room W12–140 of the West Building Office of the Secretary • Mail: Docket Operations, U.S. Ground Floor at 1200 New Jersey Department of Transportation, West Avenue, SE., Washington, DC, between Federal Aviation Administration Building, Ground Floor, Room W12– 9 a.m. and 5 p.m., Monday through [Docket No. FAA–2008–0036] 140, Routing Symbol M–30, 1200 New Friday, except Federal holidays. Jersey Avenue, SE., Washington, DC RIN 2120–AF90 20590. Privacy: We will post all comments • Fax: 1–202–493–2251. we receive, without change, to http:// Policy Regarding Airport Rates and • Hand Delivery: To Docket www.regulations.gov, including any Charges; Extension of Comment Operations, Room W12–140 on the personal information you provide. Period ground floor of the West Building, 1200 Using the search function of our docket AGENCY: Department of Transportation, New Jersey Avenue, SE., Washington, Web site, anyone can find and read the Office of the Secretary and Federal DC 20590; between 9 a.m. and 5 p.m., comments received into any of our Aviation Administration. Monday through Friday, except Federal dockets, including the name of the ACTION: Notice of proposed amendment holidays. individual sending the comment (or to policy statement; extension of For more information on the notice signing the comment for an association, comment period. and comment process, see the business, labor union, etc.). You may SUPPLEMENTARY INFORMATION section of review DOT’s complete Privacy Act SUMMARY: This action extends the this document. Statement in the Federal Register comment period for a proposed Privacy: We will post all comments published on April 11, 2000 (65 FR amendment to the ‘‘Policy Regarding the we receive, without change, to http:// 19477–78). Establishment of Airport Rates and www.regulations.gov, including any Docket: To read background Charges’’ that was published on January personal information you provide. For documents or comments received, go to 17, 2008. In that document, the more information, see the Privacy Act SUPPLEMENTARY http://www.regulations.gov at any time Department of Transportation discussion in the (‘‘Department’’) and the Federal INFORMATION section of this document. or to the Docket Management Facility in Aviation Administration (FAA) Docket: To read background Room W12–140 of the West Building proposed to amend the ‘‘Policy documents or comments received, go to Ground Floor at 1200 New Jersey Regarding the Establishment of Airport http://www.regulations.gov at any time Avenue, SE., Washington, DC, between Rates and Charges’’ published in the or to Room W12–140 on the ground 9 a.m. and 5 p.m., Monday through Federal Register on June 21, 1996 floor of the West Building, 1200 New Friday, except Federal holidays. (‘‘1996 Rates and Charges Policy’’). The Jersey Avenue, SE., Washington, DC, FOR FURTHER INFORMATION CONTACT: Department and the FAA proposed between 9 a.m. and 5 p.m., Monday Judith Watson (781) 238–7196, FAA three amendments to the 1996 Rates and through Friday, except Federal holidays. New England Region Headquarters, 12 Charges Policy (two modifications and FOR FURTHER INFORMATION CONTACT: New England Executive Park, one clarification). These amendments Charles Erhard, Manager, Airport Burlington, MA 01803 or Frances are intended to provide greater Compliance Division, AAS–400, Federal Shaver (202) 267–9681, Office of flexibility to operators of congested Aviation Administration, 800 Rulemaking, Federal Aviation airports to use landing fees to provide Independence Avenue, SW., Administration, 800 Independence incentives to air carriers to use the Washington, DC 20591, telephone (202) Avenue, SW., Washington, DC 20591. airport at less congested times or to use 267–3187; facsimile: (202) 267–5769; e- alternate airports to meet regional air mail: [email protected]. This notice is published pursuant to service needs. Any charges imposed on SUPPLEMENTARY INFORMATION: 14 CFR 11.85. international operations must also Issued in Washington, DC, on February 4, comply with the international Comments Invited 2008. obligations of the United States. This Interested persons are invited to join Pamela Hamilton-Powell, extension is a result of a request from in this notice and comment process by the Air Transport Association of Director, Office of Rulemaking. filing written comments, data, or views. America, Inc., the Cargo Airline The most helpful comments reference a Petition for Exemption Association, the National Air Carrier specific portion of the proposal, explain Association, and the Regional Airline the reason for any recommended Docket No.: FAA–2008–0053. Association on behalf of their members, change, and include supporting data. Petitioner: McCauley Propeller to extend the comment period for thirty We ask that you send us two copies of Systems. days. written comments. Section of 14 CFR Affected: DATES: The comment period for the We will file in the docket all § 21.231(a). Notice of proposed amendment to comments we receive, as well as a Policy Regarding the Establishment of report summarizing each substantive Description of Relief Sought: The Airport Rates and Charges published on public contact with Department petitioner seeks relief to permit the January 17, 2008 (73 FR 3310) was personnel about this proposal. The issuance of a delegation option scheduled to close on March 3, 2008, docket is available for public inspection authorization for type, production, and and is extended until April 3, 2008. before and after the comment closing airworthiness certification of propellers ADDRESSES: You may send comments date. If you wish to review the docket manufactured for use on turbopropeller identified by Docket Number, FAA– in person, go to the address in the and reciprocating engines of not more 2008–0036 using any of the following ADDRESSES section of this document than 1,650 brake horsepower. methods: between 9 a.m. and 5 p.m., Monday [FR Doc. E8–2389 Filed 2–7–08; 8:45 am] • Government-wide rulemaking Web through Friday, except Federal holidays. BILLING CODE 4910–13–P site: Go to http://www.regulations.gov You may also review the docket using

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the Internet at the Web address in the Administration, Office of Rulemaking, Extension of Comment Period ADDRESSES section. ARM–1, 800 Independence Avenue, Privacy Act: Using the search function SW., Washington, DC 20591, or by In accordance with § 11.47(c) of title of our docket Web site, anyone can find calling (202) 267–9680. Make sure to 14, Code of Federal Regulations, the Department of the FAA have reviewed and read the comments received into identity the docket number, notice the petitions made by the Air Transport any of our dockets. This includes the number, or amendment number of this Association of America, Inc. (ATA), the name of the individual sending the proceeding. comment (or signing the comment for an Cargo Airline Association (CAA), the association, business, labor union). You Authority for This Proceeding National Air Carrier Association may review DOT’s complete Privacy Act (NACA), and the Regional Airline This notice is published under the Statement in the Federal Register Association (RAA), on behalf of their authority described in Subtitle VII, Part published on April 11, 2000 (65 FR members, for extension of the comment B, Chapter 471, Section 47129 of Title 19477–78) or you may visit http:// period to FAA Docket 2008–0036. These 49 United States Code. Under www.regulations.gov. petitioners have shown a substantive Before acting on this proposal, we subsection (b) of this section, the interest in the proposed amendment to will consider all comments we receive Secretary of Transportation is required the 1996 Policy Regarding Airport Rates on or before the closing the date for to publish publishing policy statements and Charges and good cause for the comments. We will consider comments establishing standards or guidelines the extension. The Department and the FAA filed late if it is possible to do so Secretary will use in determining the have determined that extension of the without incurring expense or delay. We reasonableness of airport fees charged to comment period is consistent with the may change this proposal because of the airlines under Section 47129. public interest, and that good cause exists for taking this action. comments we receive. Background Accordingly, the comment period for Proprietary or Confidential Business FAA Docket 2008–0036 is extended Information On January 17, 2008, the Department of the FAA issued Notice of proposed until April 3, 2008. Do not file in the docket information amendment to the Policy Regarding the Issued in Washington, DC, on February 5, that you consider to be proprietary or Establishment of Airport Rates and 2008. confidential business information. Send Charges Docket No. FAA–2008–0036, Rebecca MacPherson, or deliver this information directly to (73 FR 3310). Comments to that Assistant Chief Counsel for Regulations, the person identified in the FOR FURTHER document were to be received on or Federal Aviation Administration. INFORMATION CONTACT section of this before March 3, 2008. document. You must mark the [FR Doc. 08–573 Filed 2–7–08; 8:45 am] information that you consider By a letter dated January 30, 2008 the BILLING CODE 4910–13–M proprietary or confidential. If you send Air Transport Association of America, Inc. (ATA), the Cargo Airline the information on a disk or CD–ROM, DEPARTMENT OF TRANSPORTATION mark the outside of the disk or CD–ROM Association (CAA), the National Air Carrier Association (NACA), and the and also identify electronically within National Highway Traffic Safety Regional Airline Association (RAA), on the disk or CD–ROM the specific Administration information that is proprietary or behalf of their members, requested that confidential. the comment period for Docket 2008– Reports, Forms and Recordkeeping Under 14 CFR 11.35 (b), when we are 0036 be extended until April 3, 2008. Requirements; Agency Information aware or proprietary information filed Industry trade groups expressed concern Collection Activity Under OMB Review with a comment, we do not place it in that critical pieces of information were the docket. We hold it in a separate file missing from the January 17, 2008, AGENCY: National Highway Traffic to which the public does not have notice that are essential to a full Safety Administration, DOT access and place a note in the docket assessment of the impact of the ACTION: Notice. that we have received it. If we receive proposed policy. The following a request to examine or copy this information has been added to the SUMMARY: In compliance with the information, we treat it as any other docket: the list of secondary airports Paperwork Reduction Act of 1995 (44 request under the Freedom of eligible for inclusion in the rate base U.S.C. 3501 et seq.), this notice Information Act (5 U.S.C. 552). We (FAA Docket 2008–0036.0007.1); the list announces that the Information process such a request under the DOT of congested airports (based on 1% of Collection Request (ICR) abstracted procedures found in 49 CFR part 7. delays) (FAA Docket 2008–0036– below has been forwarded to the Office Availability of Documents 0008.1); the list of airports from the of Management and Budget (OMB) for Benchmark report (FAA Docket 2008– review and comment. The ICR describes You can get an electronic copy using 0036–0009.1). ATA, CAA, NACA and the nature of the information collections the Internet by: RAA requested an extension of the and their expected burden. The Federal (1) Searching the Federal comment period by 30 days to provide eRulemaking portal (http:// Register Notice with a 60-day comment sufficient time to more fully develop period was published on November 28, www.regulations.gov/search); comments reflecting the views of the (2) Visiting the FAA’s Regulations and 2007 (72 FR 67346–67347). industry stakeholders. Policies Web page at (http://www.faa/ DATES: Comments must be submitted on gov/regulations_policies); or The Department and the FAA concur or before March 10, 2008. (3) Accessing the Government with the petitioners’ requests for an FOR FURTHER INFORMATION CONTACT: Printing Office’s Web page at http:// extension of the comment period on George Stevens, NHTSA, NVS–223, www.access.gpo.gov/su_docs/aces/ FAA Docket 2008–0036 and believe an Washington, DC 20590, phone 202–366– aces140.html. additional 30 days should be adequate You can also get a copy by sending a to provide more complete and 5308. request to the Federal Aviation meaningful comment. SUPPLEMENTARY INFORMATION:

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National Highway Traffic Safety have practical utility; the accuracy of ADDRESSES: You may submit comments Administration the Agency’s estimate of the burden of identified by the docket number Title: 49 CFR part 556, Exemption for the proposed information collection; PHMSA–2007–28119; Notice No. 07–9 ways to enhance the quality, utility and by any of the following methods: Inconsequential Defect or • Noncompliance. clarity of the information to be Federal eRulemaking Portal: http:// OMB Number: 2127—0045. collected; and ways to minimize the www.regulations.gov. Follow the burden of the collection of information instructions for submitting comments. Type of Request: Reinstatement, • without change, of a previously on respondents, including the use of Web Site: http://dms.dot.gov. approved collection which has expired. automated collection techniques or Follow the instructions for submitting Abstract: The National Highway other forms of information technology. comments on the DOT electronic docket Traffic Safety Administration’s statute at A comment to OMB is most effective site. if OMB receives it within 30 days of • Fax: 1–202–493–2251. 49 U.S.C. 30118, Notification of Defects • and Noncompliance, and 49 U.S.C. publication. Mail: Docket Operations, U.S. 30120, Remedies for Defects and Issued on: February 5, 2008. Department of Transportation, West Noncompliance, generally requires Daniel C. Smith, Building, Ground Floor, Room W12– manufacturers of motor vehicles and Associate Administrator for Enforcement. 140, Routing Symbol M–30, 1200 New Jersey Avenue, SE., Washington, DC items of replacement equipment to [FR Doc. E8–2374 Filed 2–7–08; 8:45 am] 20590. conduct a notification and remedy BILLING CODE 4910–59–P • campaign (recall) when their products Hand Delivery: To Docket are determined to contain a safety- Operations, Room W12–140 on the related defect or a noncompliance with DEPARTMENT OF TRANSPORTATION ground floor of the West Building, 1200 a Federal motor vehicle safety standard New Jersey Avenue, SE., Washington, (FMVSS). Those sections require a Pipeline and Hazardous Materials DC 20590, between 9 a.m. and 5 p.m., manufacturer of motor vehicles or motor Safety Administration Monday through Friday, except Federal vehicle equipment to notify distributors, Holidays. [Docket Number PHMSA–2007–28119; Instructions: All submissions must dealers, and purchasers if any of the Notice No. 07–9] manufacturer’s products are determined include the agency name and docket to either contain a safety-related defect Proposed Recommended Practices for number for this notice at the beginning or fail to comply with an applicable Bulk Loading and Unloading of of the comment. Note that all comments FMVSS. The manufacturer is under a Hazardous Materials in Transportation received will be posted without change concomitant obligation to remedy such to the docket management system, AGENCY: Pipeline and Hazardous including any personal information defect or noncompliance. Pursuant to 49 Materials Safety Administration U.S.C. 30118(d) and 30120(h), provided. (PHMSA). Docket: For access to the dockets to Exemptions, a manufacturer may seek ACTION: Notice; request for comments; read background documents or an exemption from these notification extension of comment period. comments received, go to http:// and remedy requirements on the basis www.regulations.gov or http:// that the defect or noncompliance is SUMMARY: PHMSA is extending until dms.dot.gov (until December 31, 2007) inconsequential as it relates to motor March 14, 2008, the period for or DOT’s Docket Operations Office (see vehicle safety. NHTSA exercised this interested persons to submit comments ADDRESSES). statutory authority to excuse on the agency’s January 4, 2008 notice Privacy Act: Anyone is able to search inconsequential defects or concerning proposed recommended the electronic form of any written noncompliances when it promulgated practices for bulk loading and unloading communications and comments 49 CFR part 566, Exemption for of hazardous materials. The January 4, received into any of our dockets by the Inconsequential Defect or 2008 notice summarizes incident data name of the individual submitting the Noncompliance. This regulation related to bulk loading and unloading document (or signing the document, if establishes the procedures for operations; discusses recommendations submitted on behalf of an association, manufacturers to submit exemption issued by the National Transportation business, labor union, etc.). You may petitions to the agency and the Safety Board and the Chemical Safety review DOT’s complete Privacy Act procedures the agency will use in and Hazard Investigation Board; Statement in the Federal Register evaluating those petitions. Part 556 provides an overview of current Federal published on April 11, 2000 (65 FR allows the agency to ensure that regulations applicable to bulk loading 19477) or you may visit http:// inconsequentiality petitions are both and unloading operations; summarizes www.regulations.gov. properly substantiated and efficiently the results of a public workshop processed. PHMSA hosted last year; and sets forth FOR FURTHER INFORMATION CONTACT: Rick Affected Public: Businesses or other proposed recommended practices for Boyle, Office of Hazardous Materials for-profit entities. bulk loading and unloading operations. Technology, (202) 366–4545 or Kurt Estimated Total Annual Burden: 200. Based on information and comments Eichenlaub, Office of Hazardous ADDRESSES: Send comments, within 30 received, we plan to consider strategies Materials Standards, (202) 366–8553, days, to the Office of Information and for enhancing the safety of bulk loading Pipeline and Hazardous Materials Safety Regulatory Affairs, Office of and unloading operations, including Administration. Management and Budget, 725–17th whether additional regulatory SUPPLEMENTARY INFORMATION: On Street, NW., Washington, DC 20503, requirements may be necessary. January 4, 2008, the Pipeline and Attention NHTSA Desk Officer. DATES: Submit comments by March 14, Hazardous Materials Safety Comments Are Invited On: Whether 2008. To the extent possible, we will Administration (PHMSA, we) published the proposed collection of information consider comments received after this a notice (No. 07–9) under Docket is necessary for the proper performance date and consider strategies including PHMSA–2007–28119 soliciting of the functions of the Agency, additional regulatory requirements, as information and comments on proposed including whether the information will necessary. recommended practices for loading and

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unloading operations involving bulk Compensation Plan to Comply with public record. Comments are invited on: packagings used to transport hazardous section 409(a) in Operation. (a) Whether the collection of materials. DATES: Written comments should be information is necessary for the proper In the January 4, 2008 notice, we received on or before April 8, 2008 to performance of the functions of the summarized incident data related to be assured of consideration. agency, including whether the bulk loading and unloading operations; ADDRESSES: Direct all written comments information shall have practical utility; discussed recommendations issued by to Glenn P. Kirkland, Internal Revenue (b) the accuracy of the agency’s estimate the National Transportation Safety Service, room 6129, 1111 Constitution of the burden of the collection of Board and the Chemical Safety and Avenue, NW., Washington, DC 20224. information; (c) ways to enhance the Hazard Investigation Board; provided an quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: overview of current Federal regulations information to be collected; (d) ways to Requests for additional information or applicable to bulk loading and minimize the burden of the collection of copies of notice should be directed to unloading operations; summarized the information on respondents, including Allan Hopkins, at (202) 622–6665, or at results of a public workshop we hosted through the use of automated collection Internal Revenue Service, room 6129, last year; and set forth proposed techniques or other forms of information 1111 Constitution Avenue, NW., recommended practices for bulk loading technology; and (e) estimates of capital Washington, DC 20224, or through the and unloading operations. The comment or start-up costs and costs of operation, Internet, at [email protected]. period for the notice was to end on maintenance, and purchase of services February 8, 2008. SUPPLEMENTARY INFORMATION: to provide information. The American Trucking Association Title: Transition Relief and Guidance on Corrections of Certain Failures of a Approved: February 1, 2008. (ATA) requests an additional 30 days in Allan Hopkins, which to submit comments to the Nonqualified Deferred Compensation IRS Reports Clearance Officer. notice. ATA states additional time will Plan to Comply with section 409(a) in allow its members to more fully Operation [FR Doc. E8–2311 Filed 2–7–08; 8:45 am] understand and comment on the OMB Number: 1545–2086. BILLING CODE 4830–01–P Notice Number: Notice 2007–100. potential impact of the proposed Abstract: This notice sets forth the recommended practices to the trucking procedures to be followed by service DEPARTMENT OF THE TREASURY industry. We agree that an extension of recipients and service providers in order 30 days is in the public interest and, to correct certain operational failures of Internal Revenue Service accordingly, we are extending the a nonqualified deferred compensation closing date of the comment period plan to comply with section 409A(a). It Proposed Collection; Comment until March 14, 2008. also describes the types of operational Request for Form 8896 Issued in Washington, DC on February 5, failures that can be corrected under the AGENCY: Internal Revenue Service (IRS), 2008. notice. Treasury. Robert Richard, Current Actions: There are no changes ACTION: Notice and request for Deputy Associate Administrator for being made to the notice at this time. comments. Hazardous Materials Safety. Type of Review: This is an extension [FR Doc. E8–2364 Filed 2–7–08; 8:45 am] of a currently approved collection. SUMMARY: The Department of the BILLING CODE 4910–60–P Affected Public: Business or other for- Treasury, as part of its continuing effort profit institutions, not-for-profit to reduce paperwork and respondent institutions, and individuals or burden, invites the general public and households. other Federal agencies to take this DEPARTMENT OF THE TREASURY Estimated Number of Respondents: opportunity to comment on proposed 10,000. Internal Revenue Service and/or continuing information Estimated Average Time per collections, as required by the Proposed Collection; Comment Respondent: 30 min. Paperwork Reduction Act of 1995, Request for Notice 2007–100 Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. Hours: 5,000. 3506(c)(2)(A)). Currently, the IRS is AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all soliciting comments concerning Form Treasury. of the collections of information covered 8896, Low Sulfur Diesel Fuel ACTION: Notice and request for by this notice: Production Credit. comments. An agency may not conduct or DATES: Written comments should be sponsor, and a person is not required to received on or before April 8, 2008 to SUMMARY: The Department of the respond to, a collection of information be assured of consideration. Treasury, as part of its continuing effort unless the collection of information ADDRESSES: Direct all written comments to reduce paperwork and respondent displays a valid OMB control number. to Glenn Kirkland, Internal Revenue burden, invites the general public and Books or records relating to a collection Service, Room 6512, 1111 Constitution other Federal agencies to take this of information must be retained as long Avenue, NW., Washington, DC 20224. opportunity to comment on proposed as their contents may become material and/or continuing information in the administration of any internal FOR FURTHER INFORMATION CONTACT: collections, as required by the revenue law. Generally, tax returns and Requests for copies of the form and Paperwork Reduction Act of 1995, tax return information are confidential, instructions should be directed to Allan Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. Hopkins, at Internal Revenue Service, 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments Room 6129, 1111 Constitution Avenue, soliciting comments concerning Notice submitted in response to this notice will NW., Washington, DC 20224, or at (202) 2007–100, Transition Relief and be summarized and/or included in the 622–6665, or through the internet at Guidance on Corrections of Certain request for OMB approval. All [email protected]. Failures of a Nonqualified Deferred comments will become a matter of SUPPLEMENTARY INFORMATION:

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Title: Low Sulfur Diesel Fuel DEPARTMENT OF THE TREASURY Affected Public: Business or other for- Production Credit. profit. OMB Number: 1545–1914. Internal Revenue Service Estimated Number of Respondents: Form Number: 8896. [REG–120168–97] 100,000. Abstract: IRC section 45H allows Estimated Time per Respondent: 5 small business refiners to claim a credit Proposed Collection; Comment hours, 4 minutes. for the production of low sulfur diesel Request for Regulation Project Estimated Total Annual Burden fuel. The American Jobs Creation Act of Hours: 507,136. 2004 section 399 brought it into AGENCY: Internal Revenue Service (IRS), An agency may not conduct or existence. Form 8896 will allow Treasury. sponsor, and a person is not required to taxpayers to use a standardized format ACTION: Notice and request for respond to, a collection of information to claim this credit. comments. unless the collection of information Current Actions: 14 lines and 1 displays a valid OMB control number. attachment have been deleted, while 5 SUMMARY: The Department of the Books or records relating to a collection code references have been added. Treasury, as part of its continuing effort of information must be retained as long Type of Review: Revision of a to reduce paperwork and respondent as their contents may become material currently approved collection. burden, invites the general public and in the administration of any internal Affected Public: Business or other for- other Federal agencies to take this revenue law. Generally, tax returns and profit organizations. opportunity to comment on proposed tax return information are confidential, Estimated Number of Respondents: and/or continuing information as required by 26 U.S.C. 6103. 66. collections, as required by the Request for Comments: Comments Estimated Time per Respondent: 4 Paperwork Reduction Act of 1995, submitted in response to this notice will hours, 44 minutes. Public Law 104–13 (44 U.S.C. Estimated Total Annual Burden be summarized and/or included in the 3506(c)(2)(A)). Currently, the IRS is request for OMB approval. All Hours: 131. soliciting comments concerning an The following paragraph applies to all comments will become a matter of existing final regulation, REG–120168– of the collections of information covered public record. Comments are invited on: 97 (TD 8798), Preparer Due Diligence by this notice: (a) Whether the collection of An agency may not conduct or Requirements for Determining Earned information is necessary for the proper sponsor, and a person is not required to Income Credit Eligibility. performance of the functions of the respond to, a collection of information DATES: Written comments should be agency, including whether the unless the collection of information received on or before April 8, 2008 to information shall have practical utility; displays a valid OMB control number. be assured of consideration. (b) the accuracy of the agency’s estimate Books or records relating to a collection ADDRESSES: Direct all written comments of the burden of the collection of of information must be retained as long to Glenn Kirkland, Internal Revenue information; (c) ways to enhance the as their contents may become material Service, Room 6129, 1111 Constitution quality, utility, and clarity of the in the administration of any internal Avenue, NW., Washington, DC 20224. information to be collected; (d) ways to revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of tax return information are confidential, Requests copies of the regulation should information on respondents, including as required by 26 U.S.C. 6103. be directed to Allan Hopkins, at (202) through the use of automated collection Request for Comments: Comments 622–6665, or at Internal Revenue techniques or other forms of information submitted in response to this notice will Service, Room 6129, 1111 Constitution technology; and (e) estimates of capital be summarized and/or included in the Avenue, NW., Washington, DC 20224, or start-up costs and costs of operation, request for OMB approval. All or through the internet, at maintenance, and purchase of services comments will become a matter of [email protected]. to provide information. public record. Comments are invited on: SUPPLEMENTARY INFORMATION: Title: Approved: January 29, 2008. (a) Whether the collection of Glenn Kirkland, information is necessary for the proper Preparer Due Diligence Requirements IRS Reports Clearance Officer. performance of the functions of the for Determining Earned Income Credit agency, including whether the Eligibility. [FR Doc. E8–2313 Filed 2–7–08; 8:45 am] information shall have practical utility; OMB Number: 1545–1570. BILLING CODE 4830–01–P (b) the accuracy of the agency’s estimate Regulation Project Number: REG– of the burden of the collection of 120168–97. information; (c) ways to enhance the Abstract: Income tax return preparers DEPARTMENT OF THE TREASURY who satisfy the due diligence quality, utility, and clarity of the Internal Revenue Service information to be collected; (d) ways to requirements in this regulation will avoid the imposition of the penalty minimize the burden of the collection of Open Season for Membership to the section 6695(g) of the Internal Revenue information on respondents, including Electronic Tax Administration Code for returns or claims for refund through the use of automated collection Advisory Committee (ETAAC) techniques or other forms of information due after December 31, 1997. The due technology; and (e) estimates of capital diligence requirements include AGENCY: Internal Revenue Service (IRS), or start-up costs and costs of operation, soliciting the information necessary to Treasury. maintenance, and purchase of services determine a taxpayer’s eligibility for, ACTION: Notice. to provide information. and amount of, the Earned Income Tax Credit and the retention of this SUMMARY: The Electronic Tax Approved: February 1, 2008. information. Administration Advisory Committee Allan Hopkins, Current Actions: There are no changes (ETAAC) was established to provide IRS Reports Clearance Officer. being made to this existing regulation. continued input into the development [FR Doc. E8–2312 Filed 2–7–08; 8:45 am] Type of Review: Extension of a and implementation of the Internal BILLING CODE 4830–01–P currently approved collection. Revenue Service (IRS) strategy for

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electronic tax administration. The compliance check and Federal Bureau membership to the Committee. Equal ETAAC provides an organized public of Investigation (FBI) background opportunity practices will be followed forum for discussion of electronic tax investigation. in all appointments to the Committee. administration issues in support of the DATES: Applications must be received To ensure that the recommendations of overriding goal that paperless filing no later than Tuesday, April 1, 2008. the Committee have taken into account should be the preferred and most the needs of the diverse groups served ADDRESSES: Completed applications convenient method of filing tax and should be submitted by using one of the by the Department, membership will information returns. ETAAC members following methods: include, to the extent practicable, convey the public’s perception of IRS • E-Mail: Send to [email protected]. individuals, with demonstrated ability electronic tax administration activities, • Mail: Send to Internal Revenue to represent minorities, women, and offer constructive observations about Service, ETA & Refundable Credits, persons with disabilities. The Secretary current or proposed policies, programs, SE:W:ETARC:SS:RM, 5000 Ellin Road of Treasury will review the and procedures, and suggest (M/Stop C4–470, Attn: Cassandra recommended candidates and make improvements. This document seeks Daniels (C4–226), Lanham, Maryland final selections. applicants for selection as Committee 20706. Dated: January 31, 2008. • members. Fax: Send via facsimile to (202) Phyllis Gattos, The Director, Electronic Tax 283–2845 (not a toll-free number). Acting Executive Director, Strategic Services Administration (ETA) and Refundable Application packages can be obtained Division. by sending an e-mail to [email protected] or Credits will assure that the size and [FR Doc. E8–2314 Filed 2–7–08; 8:45 am] organizational representation of the calling (202) 283–2178 (not a toll-free BILLING CODE 4830–01–P ETAAC obtains balanced membership number). and includes representatives from FOR FURTHER INFORMATION CONTACT: various groups including: (1) Tax Cassandra Daniels, (202) 283–2178 or DEPARTMENT OF THE TREASURY practitioners and preparers, (2) send an e-mail to [email protected]. transmitters of electronic returns, (3) tax SUPPLEMENTARY INFORMATION: The Internal Revenue Service software developers, (4) large and small ETAAC will also provide an annual business, (5) employers and payroll report to Congress on IRS progress in Quarterly Publication of Individuals, service providers, (6) individual meeting the Restructuring and Reform Who Have Chosen To Expatriate, as taxpayers, (7) financial industry (payers, Act of 1998 goals for electronic filing of Required by Section 6039G payment options and best practices), (8) tax returns. This activity is based on the AGENCY: Internal Revenue Service (IRS), system integrators (technology authority to administer the Internal Treasury. providers), (9) academic (marketing, Revenue laws conferred upon the sales or technical perspectives), (10) Secretary of the Treasury by section ACTION: Notice. trusts and estates, (11) tax exempt 7801 of the Internal Revenue Code and organizations, and (12) state and local delegated to the Commissioner of the SUMMARY: This notice is provided in governments. We are soliciting Internal Revenue under section 7803 of accordance with IRS section 6039G, as applicants from professional and public the Internal Revenue Code. The ETAAC amended, by the Health Insurance interest groups. Members serve a three- will research, analyze, consider, and Portability and Accountability Act year term on the ETAAC to allow a make recommendations on a wide range (HIPPA) of 1996. This listing contains change in membership. The change of of electronic tax administration issues the name of each individual losing members on the Committee ensures that and will provide input into the United States citizenship (within the different perspectives are represented. development of the strategic plan for meaning of section 877(a)) with respect All travel expenses within government electronic tax administration. to whom the Secretary received guidelines will be reimbursed. Potential Applicants should describe and information during the quarter ending candidates must pass an IRS tax document their qualifications for December 31, 2007.

Last name First name Middle name/initials

DOAN ...... CHRISTINE ...... MARY MONNIER ...... NICOLAS ...... BONAVENTURE YANG ...... RAYMOND ...... HON-MUN DIXON ...... DAVID ...... B BAZIUK ...... NELSON ...... WILLIAM MOKHTARZADEH ...... DEVIKA ...... WANEY KAROZY ...... BRIAN ...... DAVID LUE ...... ANNIE ...... SIU-TSUI LUI ...... LAWRENCE ...... YUK-FAN BAZIUK ...... PENNY ...... L HOTTINGER ...... HENRI ...... JONATHON ALVAREZ ...... MARISSA. YAO ...... JASON ...... BO FREIBOTH ...... KATHRYN ...... MARIE TOP ...... JEFFREY ...... R FAN ...... LI ...... CUI AIKEN ...... EVA ...... ELAINE MATHRANI ...... RAJESH ...... LAKHMI LANDEAU ...... MARC. MOMIN ...... ZAFAR ...... A CHOY ...... LONG ...... YIN D’SOUZA ...... Sr PETRONILLA. WEINER ...... RICHARD ...... HARVEY

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Last name First name Middle name/initials

MARTI ...... ALBERTO. DIVI ...... NILIMA. NAN ...... CUNHUI. CAMPBELL ...... SILVANA ...... E CAMPBELL ...... ANTHONY ...... E TAM ...... HING ...... KEUNG KIM ...... TAI-YOUNG ...... SIMON EDWARDS ...... DANA ...... LEE WANG ...... ZHIXUE. DAVID ...... MANFRED ...... LUDWIG FISCHER–ZERNIN ...... STEPHANIE. FISCHER–ZERNIN ...... LORENZ. HAYLES ...... IAN ...... DAVE KELEMEN ...... MURIEL ...... LULLIN CONNELLY ...... WILLIAM ...... L KIM ...... PETER ...... D CECHANOWICZ ...... ALEX ...... MICHAEL RIDDELL ...... ROGER ...... C CHEUNG ...... CAREY ...... SEI-LOK SOEDAL ...... SVEN ...... A FLETCHER ...... ROGER ...... ANTHONY SINDHWANI ...... SUDHIR ...... C PHILLIPS ...... ROBERT ...... PHILIPP CUNNYGHAM ...... ANNA ...... FLORENCE CHILCO ...... CATHERINE ...... A HORTE ...... ROBERT ...... VERNON MACNEIL ...... ANDREW ...... IAN DORION ...... MICHELLE. LOW ...... KIT ...... L POON ...... ALWIN. ACKERMANN ...... SYLVIE ...... F SCHWARZENBACH ...... FRANCISCA ...... S NG ...... CHRISTINA ...... SHIEU–YEING GUO ...... SHAOMU. LI ...... GEN ...... XIONG MURPHY ...... PETER ...... STUART KLINZ-ATTOLINI ...... DAGMAR. TAI ...... INJAY ...... W HOPKINS ...... WALTER ...... PAINTER WARREN ...... SUSAN ...... ELIZABETH MISRA ...... RAJEEV. KING ...... GEOFFREY ...... CHANG-WEI GOSWELL ...... ROWAN ...... H CHORENGEL ...... SHARON. CHORENGEL ...... BERND ...... O DE LA VIESCA ...... FERNANDO ...... A SYMONS ...... BLANCHE ...... E WONG ...... CASSIE ...... CHUI PING ERHART ...... MARK ...... A CHAN ...... ALICE ...... MEI KEI MOULTON ...... SPENCER ...... J SANDERSON. DYER ...... JOHN ...... CHRISTOPHER PARK ...... RO ...... WOONG CHEN ...... EDWARD ...... SHI STEARNS ...... JAMES ...... PATRICK WILLIAMSON ...... DAWN ...... MARIE HO ...... GERRAN ...... C NILSSON ...... BENGT ...... O SCOTT ...... DAVID ...... B MELCHER ...... A ...... STEPHEN GREEN ...... ALASTAIR ...... J HANGARTNER ...... DORIS. ADAMS ...... JILL ...... BRIDGE TAN ...... YA ...... CHING BALTODANO ...... J ...... ANTONIO SWIFT ...... NICOLA. SWIFT ...... ROBERT. SWIFT ...... MARTHA. LAPIDOTH ...... AMOS. CARVER ...... ANTON ...... PHILIP TRISTRAM CARON ...... FRANCOISE. KENNEDY ...... LINDSAY ...... NICOLA GAW ...... GOODWIN.

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Last name First name Middle name/initials

URAN ...... CAN. HUSSAIN ...... ALI. KOENIG ...... ROBERT ...... EDUARD FENG ...... JANINE ...... JUNYUAN HUSSAIN ...... SUKAINA ...... ALI JENSEN ...... RONALD ...... L DORMENT ...... RICHARD. TUNG ...... ANDREW ...... L ROSKELLY ...... KATRIN ...... ALEXANDRA CLAUSEN ...... KENNETH ...... CHRISTIAN YEMSI ...... YVES ...... B BOURKE ...... CAROL ...... A SMITH ...... CECILE ...... F HUTCHISON ...... GRAEME ...... LINTS LU ...... YUE ...... WEI LUCAS ...... RUTH ...... HELEN DAVIS ...... MARION ...... BRIGETTE CHAN ...... CHARLES ...... CHAM CHUEN KORNICKER ...... PETER ...... H BROWN ...... KATHERINE ...... KENT SKEIE ...... ASTRID ...... CECILI KIM ...... SOON. DAKU ...... CAROLYN ...... L DUBNICKI ...... CEZARY. MANOUKYAN ...... HACHIK. YEH ...... YING. ALDER ...... HANS ...... URS FINDLING ...... ROBERT ...... K MATSUZAWA ...... MASAAKI. SCHREIBER ...... SALLY ...... B RICH ...... CYNTHIA ...... ELIZABETH THOMAS ...... ARTHUR ...... JOHN YU ...... HOWARD ...... LAWRENCE TONG ...... ANNA ...... SEEN MING FERRO ...... PATRICIA. VAN DER MEER ...... JAN. BELTMAN ...... MARIEKE ...... A FRITZ-DI VETTE ...... NIKKI. DAVIES ...... PEDRO ...... H REEVES ...... CHRISTOPHER ...... WILLIAM KANEB ...... STEPHANIE. RISCHARD ...... JEAN–FRANCOIS. VOON ...... DAVID ...... H MARTEL ...... MICHEL ...... S MARTEL ...... MICHAEL ...... R MARTEL ...... ALLISON ...... E BJELIC ...... MILONJA.

Dated: January 25, 2008. and Budget (OMB) Guidelines on the publication in the Federal Register, Angie Kaminski, Conduct of Matching Programs, notice is unless comments dictate otherwise. Manager Team 103, Examinations hereby given that the Department of ADDRESSES: Written comments may be Operations, Philadelphia Compliance Veterans Affairs (VA) intends to submitted by mail or hand-delivery to Services. conduct a computer matching program Director, Regulations Management [FR Doc. E8–2310 Filed 2–7–08; 8:45 am] with the Social Security Administration (00REG1), Department of Veterans BILLING CODE 4830–01–P (SSA). Data from the proposed match Affairs, 810 Vermont Ave., NW., Room will be used to verify the earned income 1068, Washington, DC 20420; fax to of nonservice-connected veterans, and (202) 273–9026; e-mail to DEPARTMENT OF VETERANS those veterans who are zero percent [email protected]; or, through AFFAIRS service-connected (noncompensable), www.Regulations.gov. All comments whose eligibility for VA medical care is received will be available for public Privacy Act of 1974: Computer based on their inability to defray the inspection in the Office of Regulation Matching Program cost of medical care. These veterans Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 AGENCY: Department of Veterans Affairs. supply household income information that includes their spouses and p.m., Monday through Friday (except ACTION: Notice of Computer Match holidays). Please call (202) 273–9515 for dependents at the time of application Program. an appointment (this is not a toll free for VA health care benefits. SUMMARY: Pursuant to 5 U.S.C. section number). DATES: 552a, the Privacy Act of 1974, as Effective Date: This match will FOR FURTHER INFORMATION CONTACT: amended, and the Office of Management start no sooner than 30 days after Lynne Harbin, Director, Health

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Eligibility Center, (404) 235–1340 (this Dated: January 25, 2008. 605 (1978), as modified in Mendocino is not a toll free number). Gordon H. Mansfield, Coast Ry., Inc.—Lease and Operate, 360 Deputy Secretary of Veterans Affairs. I.C.C. 653 (1980). SUPPLEMENTARY INFORMATION: The Department of Veterans Affairs has [FR Doc. E8–2316 Filed 2–7–08; 8:45 am] This notice is filed under 49 CFR statutory authorization under 38 U.S.C. BILLING CODE 8320–01–P 1180.2(d)(7). If the notice contains false or misleading information, the 5317, 38 U.S.C. section 5106, 26 U.S.C. exemption is void ab initio. Petitions to section 6103(l)(7)(D)(viii) and 5 U.S.C. DEPARTMENT OF TRANSPORTATION revoke the exemption under 49 U.S.C. section 552a to establish matching 10502(d) may be filed at any time. The agreements and request and use income Surface Transportation Board filing of a petition to revoke will not information from other agencies for [STB Finance Docket No. 27843 (Sub-No. automatically stay the effectiveness of purposes of verification of income for 1)] the exemption. Stay petitions must be determining eligibility for benefits. 38 filed by February 15, 2008 (at least 7 U.S.C. 1710(a)(2)(G), 1720(a)(3), and Union Pacific Railroad Company— days before the exemption becomes 1710(b) identify those veterans whose Trackage Rights Exemption effective). basic eligibility for medical care benefits (Modification)—Iowa, Chicago & Eastern Railroad Corp. Pursuant to the Consolidated is dependent upon their financial status. Appropriations Act, 2008, Public Law Eligibility for nonservice-connected and Iowa, Chicago & Eastern Railroad 110–161, section 193, 121 Stat. 1844 zero percent noncompensable service- Corp. (ICE) has agreed to modify an (2007), nothing in this decision connected veterans is determined based existing overhead trackage rights authorizes the following activities at any on the veteran’s inability to defray the agreement which permits Union Pacific solid waste rail transfer facility: expenses for necessary care as defined Railroad Company (UP) to operate over Collecting, storing or transferring solid in 38 U.S.C. 1722. This determination ICE’s rail line extending between waste outside of its original shipping can affect their responsibility to milepost 192.83 at Emmetsburg, IA, and container; or separating or processing participate in the cost of their care milepost 236.52 at Hartley, IA, a solid waste (including baling, crushing, through copayments and their distance of 43.69 miles (the line).1 compacting and shredding). The term assignment to an enrollment priority The transaction is scheduled to be ‘‘solid waste’’ is defined in section 1004 group. consummated on February 22, 2008, the of the Solid Waste Disposal Act, 42 effective date of the exemption (30 days U.S.C. 6903. The goal of this match is to obtain after the exemption was filed). An original and 10 copies of all SSA earned income information data The purpose of this transaction is to pleadings, referring to STB Finance needed for the income verification modify (pursuant to an agreement dated process. The VA records involved in the May 22, 2007) the terms of the existing Docket No. 27843 (Sub-No. 1), must be match are ‘‘Health Eligibility Center trackage rights agreement by granting filed with the Surface Transportation (HEC) Records’’ (89VA19). The SSA UP the right to set out and pick up Board, 395 E Street, SW., Washington, records are from the Earnings Recording traffic at the VeraSun Hartley, LLC DC 20423–0001. In addition, one copy and Self-Employment Income System, (VeraSun) facility at Hartley, IA, for so of each pleading must be served on Gabriel S. Meyer, Assistant General SSA/OEEAS 09–60–0059 and Master long as this facility is operated by Attorney, 1400 Douglas Street, STOP Files of Social Security Number Holders VeraSun, its successors or assigns. 1580, Omaha, NE., 68179. and SSN Applications, SSA/OEEAS, As a condition to this exemption, any 60–0058 (referred to as ‘‘the employee affected by the trackage rights Board decisions and notices are Numident’’). A copy of this notice has will be protected by the conditions available on our Web site at http:// been sent to both Houses of Congress imposed in Norfolk and Western Ry. www.stb.dot.gov. Co.—Trackage Rights—BN, 354 I.C.C. and OMB. Decided: February 4, 2008. By the Board, David M. Konschnik, This matching agreement expires 1 ICE and UP are parties to an agreement dated Director, Office of Proceedings. August 18, 2009. This match will not November 19, 1974, as amended, by which ICE’s Anne K. Quinlan, continue past the legislative authorized predecessor in interest, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, granted to UP’s Acting Secretary. date to obtain this information. predecessor in interest, Chicago, Rock Island and Pacific Railroad Company, overhead trackage rights [FR Doc. E8–2342 Filed 2–7–08; 8:45 am] over the line. BILLING CODE 4915–01–P

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Part II

Department of Labor Mine Safety and Health Administration

30 CFR Parts 49 and 75 Mine Rescue Teams; Final Rule

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DEPARTMENT OF LABOR A. The Unfunded Mandates Reform Act of mine emergency response prescribed by 1995 MSHA in accordance with Mine Safety and Health Administration B. The Treasury and General Government § 75.1501(a)(2). Appropriations Act of 1999: Assessment 3. By November 10, 2008, each 30 CFR Parts 49 and 75 of Federal Regulations and Policies on operator of a large mine must have Families RIN 1219–AB53 C. Executive Order 12630: Government either an individual mine-site team or a Actions and Interference With composite team as one of the mine’s Mine Rescue Teams Constitutionally Protected Property certified mine rescue teams in Rights accordance with § 49.40. AGENCY: Mine Safety and Health D. Executive Order 12988: Civil Justice 4. By February 9, 2009— Administration (MSHA), Labor. Reform • Mine rescue team members must ACTION: Final rule. E. Executive Order 13045: Protection of have completed 96 hours of annual Children From Environmental Health training, including participation in two SUMMARY: The final rule revises MSHA’s Risks and Safety Risks local mine rescue contests and training existing standards for mine rescue teams F. Executive Order 13132: Federalism at each covered mine in accordance for underground coal mines. This final G. Executive Order 13175: Consultation with § 49.18(b). rule implements Section 4 of the Mine and Coordination With Indian Tribal • Governments Each mine operator shall make Improvement and New Emergency H. Executive Order 13211: Actions available two certified mine rescue Response (MINER) Act of 2006 to Concerning Regulations That teams whose members are familiar with improve overall mine rescue capability; Significantly Affect Energy Supply, the operations of the mine and have to improve mine emergency response Distribution, or Use participated in two local mine rescue time and mine rescue team I. Executive Order 13272: Proper contests in accordance with § 49.20(a). effectiveness; and to increase the Consideration of Small Entities in • Each team providing coverage to a quantity and quality of mine rescue Agency Rulemaking mine must be knowledgeable about the team training. I. Introduction operations and ventilation of the mine DATES: Effective date: February 8, 2008. in accordance with §§ 49.20(b) and This final rule implements Section 4 Compliance dates: Each mine 49.30. of the Mine Improvement and New • operator shall comply with the Each mine operator must certify to Emergency Response (MINER) Act of following sections by the dates listed the District Manager that each team 2006. MSHA’s objective, consistent with below. designated to provide mine rescue the MINER Act, is to develop a final rule 1. § 49.12(h) by May 8, 2008. coverage to the mine meets the that fosters an environment that results 2. § 49.12(f) and § 75.1501(a)(2) by requirements for certification in in more preparation for mine rescue and August 8, 2008. accordance with § 49.50. mine emergency response. The final 3. § 49.40 by November 10, 2008. rule, like the proposal, retains all II. Statutory and Rulemaking 4. §§ 49.18(b), 49.20(a), 49.20(b), Background 49.30, and 49.50 by February 9, 2009. existing standards as subpart A applicable to underground metal and In accordance with section 115(e) of FOR FURTHER INFORMATION CONTACT: nonmetal mines. The MINER Act is not the Federal Mine Safety and Health Act Patricia W. Silvey, Director, Office of applicable to metal and nonmetal of 1977 (Mine Act), MSHA issued Standards, Regulations, and Variances, mines. The final rule creates a new, standards in 30 CFR part 49 for mine MSHA, at [email protected] separate, subpart B containing existing rescue teams in underground coal and (internet e-mail), 202–693–9440 (voice), standards and MINER Act provisions for metal and nonmetal mines (45 FR or 202–693–9441 (facsimile). underground coal mines. MSHA 47002, July 11, 1980). Part 49 contains SUPPLEMENTARY INFORMATION: developed this final rule based on the requirements addressing the three Outline of the Preamble provisions of the MINER Act, Agency essential elements of effective mine I. Introduction data and experience, testimony at the rescue teams: (1) Ready availability; (2) II. Statutory and Rulemaking Background public hearings, and the comments on proper equipment; and (3) basic levels III. Section-by-Section Analysis the proposed rule. of skills and training. A. Technical Amendments to Existing MSHA is providing delayed After several underground coal mine Standards compliance dates for some sections to disasters in 2006, Congress passed and B. Subpart B—Mine Rescue Teams for give mine operators the time needed to the President signed the Mine Underground Coal Mines; Amendments comply with the stated requirements. Improvement and New Emergency to Existing Requirements 1. By May 8, 2008, each mine operator Response (MINER) Act of 2006, which C. Subpart B—Mine Rescue Teams for must send the District Manager a became effective on June 15, 2006. The Underground Coal Mines; Additional statement describing the mine’s method goal of the MINER Act is ‘‘to improve MINER Act Provisions IV. Regulatory Economic Analysis of providing mine rescue coverage in the safety of mines and mining.’’ A. Executive Order 12866 accordance with § 49.12(h). Section 4 of the MINER Act requires B. Population at Risk 2. By August 8, 2008— that the Secretary issue regulations for C. Costs • Each mine must have a mine rescue mine rescue teams by December 2007. D. Benefits station located no more than 1 hour Because the mine rescue team V. Feasibility ground travel time from the mine in provisions contained in section 4 of the A. Technological Feasibility accordance with § 49.12(f). If equipment MINER Act apply only to underground B. Economic Feasibility is not readily available, the operator coal mines, the final rule affects those VI. Regulatory Flexibility Act and Small must have purchase orders for the mines and the mine rescue teams that Business Regulatory Enforcement required equipment. cover them. Fairness Act • A. Definition of a Small Mine The mine operator must have a MSHA published the proposed rule B. Factual Basis for Certification responsible person knowledgeable about for Mine Rescue Teams in the Federal VII. Paperwork Reduction Act of 1995 mine emergency response, who has Register on September 6, 2007 (72 FR VIII. Other Regulatory Considerations completed the course of instruction in 51320). The Agency held four public

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hearings on October 23, 2007, in Salt standards and the MINER Act developed an expertise that will Lake City, Utah; on October 25, 2007, in provisions for underground coal mines. enhance mine rescue team emergency Lexington, Kentucky; on October 30, In the proposal, MSHA requested response capabilities. They are 2007, in Charleston, West Virginia; and comments on the re-organization of 30 dedicated professionals who are familiar on November 1, 2007, in Birmingham, CFR part 49. Commenters supported the with mines they cover and Alabama. In response to a request from re-organization and thought that it was knowledgeable about mine rescue and the public, MSHA extended the beneficial in eliminating confusion. A other areas of mine safety and health comment period from November 9, commenter expressed concern regarding training. On a daily basis, they are 2007, to November 16, 2007. This action use of separate standards for different exposed to a variety of mining allowed commenters sufficient time to industries and urged MSHA to be environments, complex conditions, review the posted transcripts and cautious of this approach. MSHA’s different problems, and new issues. This submit comments. approach in the final rule is consistent affords them a broad perspective into with the Agency’s longstanding practice the safety and health objectives III. Section-by-Section Analysis of having separate standards for pertaining to mine rescue and mine MSHA developed this final rule based different industries. rescue training. on the provisions of the MINER Act, MSHA also requested comments on MSHA recognizes the knowledge and Agency experience, testimony at the whether the proposal would result in experience state employees on mine public hearings, and the comments on different approaches to providing mine rescue teams gain in the performance of the proposed rule. rescue services and, if so, what those their jobs. MSHA agrees with the approaches would be. Commenters commenters supporting the note to A. Technical Amendments to Existing expressed a variety of concerns, most Standards Table 49.11. Under the final rule, full- related to team composition and time state employees on mine rescue This final rule makes no substantive training at each covered mine. teams must complete at least 48 hours change to requirements for mine rescue 2. Section 49.11 Purpose and Scope of refresher training annually, including teams at underground metal and participation in at least one local mine The final rule, like the proposal, adds nonmetal mines; however, it makes the rescue contest and training at each the phrase, ‘‘as amended by the Mine following non-substantive covered mine at least once every year. organizational changes to 30 CFR part Improvement and New Emergency 49. Response Act of 2006,’’ to update 3. Section 49.12 Availability of Mine • The final rule adds a heading § 49.11 Purpose and scope. This Rescue Teams designating the existing standards as change is a technical amendment. The (a) § 49.12(b) Alternative Composition Subpart A—Mine Rescue Teams for final rule also designates the existing Requirements for Mine Rescue Teams Underground Metal and Nonmetal provision as paragraph (a) and adds a for Anthracite Coal Mines Mines; but makes no changes to §§ 49.1 new paragraph (b). Paragraph (b) through 49.9. contains Table 49.11, which provides The final rule, like the proposal, • The final rule deletes § 49.10 mine operators a summary of new includes requirements for mine rescue Effective date, which is obsolete. MINER Act requirements. As noted teams serving underground anthracite following the table, state employees, coal mines with no electrical equipment B. Subpart B whose primary job duties include (1) at the working section. The final rule is Subpart B contains all the standards inspecting underground mines for derived from petitions for modification, applicable to mine rescue teams for compliance with state safety laws, (2) which MSHA has historically granted underground coal mines. The final rule training mine rescue teams, or (3) other under section 101(c) of the Mine Act, revises existing standards to implement similar duties that would enhance their because mining methods and conditions the provisions and achieve the goals of mine rescue knowledge, can substitute in underground anthracite coal mines the MINER Act, and to address the their regular job experience for 50 are unique. For these mines, MSHA unique conditions present in anthracite percent of the annual training requires mine rescue teams to be coal mines. The final rule also revises requirements, including mine rescue comprised of three members each and existing § 75.1501(a) in 30 CFR part 75 contests and mine-site training. one alternate team member to serve both to implement a MINER Act requirement. MSHA requested comments on teams. Subpart B contains the following five allowing State employees on mine In support of these petitions, new standards: rescue teams to substitute their job anthracite mine operators cited the § 49.20 Requirements for all coal experience for 50 percent of the annual following: • mines. training requirements. Most commenters Most anthracite mines are not § 49.30 Requirements for small coal agreed that job duties can substitute for highly mechanized. Production and mines. some of the required training. One maintenance work is done largely by § 49.40 Requirements for large coal commenter suggested that job hand, using simple hand tools and mines. experience should substitute for all equipment. Anthracite mines may have § 49.50 Certification of coal mine training requirements. Some no underground electric power or may rescue teams. commenters stated that all mine rescue have power only at the bottom of the § 49.60 Requirements for a local team members should be allowed to hoist slope. mine rescue contest. substitute job experience for training • Typically, extraction occurs in a requirements. Several commenters single face or production area. Many 1. New Subpart B and the stated that individual job duties should anthracite mines are developed only Reorganization of Part 49 not be allowed to substitute for any short distances underground, rarely The final rule, like the proposal, mine rescue team training for any mine more than several thousand feet. retains all existing standards as subpart rescue team members. • Anthracite seams dip steeply and A applicable to underground metal and State employees on mine rescue teams are often near vertical. Openings are nonmetal mines and creates a new, involved in full-time inspection and narrow and constricted. Access between separate, subpart B containing existing mine rescue training activities have levels is by means of hardwood ladders

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through small, steeply pitched expand the proposed provision to team’s arrival delayed a rescue openings. underground anthracite coal mines with operation and stated that the provision • The hoist bucket, used to transport electrical equipment at the face or is not justified. Several commenters personnel, typically can accommodate working section. This final provision is indicated that the proposal is infeasible no more than four persons. consistent with MSHA’s action on for some western coal mines, which are • Rock dusting is not required existing petitions for modification. geographically isolated. Likewise, some because of the extremely low commenters indicated that rugged (b) § 49.12(c) Alternative Experience combustibility of anthracite coal, caused terrain in Central Appalachia hinders Requirement for Members of Contract by its low volatile content. ground travel, making compliance Mine Rescue Teams • The average underground anthracite difficult. A few commenters stated that mine employs four miners. The final rule, like the proposal and the proposal will cause the relocation of • In the past 20 years, no more than consistent with the MINER Act, requires stations further from some mine sites, one mine rescue team has been needed that members of contract mine rescue disrupt current team coverage, and may in the anthracite region for rescue and teams have ‘‘a minimum of 3 years result in mine closures. Many recovery activities. Further, no more underground coal mine experience that commenters indicated that a sufficient than three rescue team members have shall have occurred within the 10-year number of volunteers may not be entered a working place at the same period preceding their employment on available to form additional teams time during such activities. the contract mine rescue team.’’ The needed for new mine rescue stations. In accordance with section 101(c) of final rule retains the existing provision Commenters stated that the the Mine Act, MSHA investigated each that requires mine rescue team members establishment of new and relocation of petition of § 49.2(b) from these small, to have been employed in an existing rescue stations is an underground anthracite coal mines and underground mine for at least 1 year unnecessary, burdensome expense, with made the following finding: within the past 5 years. MSHA received no benefit to mine safety. Considering this confirmation and the no comments on this provision. Commenters suggested that MSHA narrow width and constricted openings, the One commenter objected to allowing grandfather existing mine rescue limited capacity of hoist conveyances, the a surface employee who regularly works stations and current coverage pitched seam, the short travel distance from underground to claim such time to meet arrangements. Commenters also the slope bottom to the working face, and the the experience requirement. The final suggested that MSHA allow the District low combustibility of anthracite coal, rule retains this existing provision; the Manager to grant waivers of the 1 hour petitioner’s alternative method of two mine proposal did not address it. ground travel time for existing teams rescue teams with three members each is as Another commenter asked that MSHA and stations, but only up to 2 hours. safe as maintaining two teams of five clarify what it means to work Commenters also asked MSHA to members. As such, it achieves the result of underground ‘‘regularly.’’ For the consider alternatives, including the use the standard to ensure the availability of purpose of this provision, MSHA mine rescue capability for purposes of of air transportation and emergency emergency rescue and recovery. considers ‘‘regularly works’’ to mean escorts. that the member has recurring job duties One commenter did not believe the 1- On the basis of the petitions and the at each mine, exposing the member to hour provision would cause undue findings of its investigations, MSHA the mine’s underground operations, hardship. One commenter stated that granted 22 petitions for modification of conditions, and environment. For more rescue stations would likely be § 49.2(b) that allow anthracite coal example, this may include surveyors, created, resulting in teams getting to the mines to operate under the approved engineers, safety personnel, electricians, mines sooner. Consistent with the alternate method. Currently, 10 and maintenance and service personnel. MINER Act, the final rule includes the underground anthracite coal mines Several commenters requested that 1-hour requirement. operate under this approved alternative MSHA waive this requirement for 5. Section 49.13 Alternative Mine method. current mine rescue team members who Most anthracite mines are small Rescue Capability for Small and Remote are employed on the surface. Like the Mines (average 5 employees) and could not proposal, the final rule waives the have their own mine site teams, are underground experience requirement The final rule, like the proposal, located in the same geographical area, for those miners on a mine rescue team retains the existing provision for and belong to an association called on February 8, 2008. alternative capability for small and ‘‘Anthracite Underground Rescue’’ remote mines. It requires that the (AUGR). AUGR and the Pennsylvania 4. § 49.12(f) Available Within 1 Hour operator’s application include the total Bureau of Mine Safety (Bureau) have an Ground Travel Time From the Mine underground employment of any mines agreement for mine rescue training. Rescue Station within 1 hour of the operator’s mine, to AUGR provides qualified miners to be The final rule, like the proposal, be consistent with the 1-hour trained in mine rescue and the State includes the MINER Act requirement requirement of the MINER Act. It also provides a mine rescue station, that no mine served by a mine rescue requires that the operator include the equipment, and a trainer. These teams team shall be located more than 1 hour location of the mine rescue station cover all the anthracite mines. ground travel time from the mine rescue serving the mine. Commenters Commenters supported this provision. station with which the rescue team is suggested alternatives that the District One commenter stated that the proposed associated. This provision will assure Manager should consider for small and alternative does not benefit two small that a team will arrive at the mine more remote mines. Other commenters stated anthracite mines that have electrical quickly in case of a mine emergency. that this provision should not be used face equipment and they can not MSHA received numerous comments to allow remote operations with large realistically start their own company on this proposal. Commenters numbers of miners to circumvent the teams. This commenter urged MSHA to questioned whether this provision MINER Act requirement for two teams. consider these teams as composite, but would improve safety in an actual For clarification, MSHA notes that this not require team members from each emergency. Commenters noted that provision, which was in the existing covered mine. The final rule does not there have been no instances where a standard, requires a mine to be both

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small and remote before it can file an this provision, so long as it is consistent suggested 8 hours of training every 2 application. with the provisions in the petitions for months, for a total of 48 hours. They modification. indicated that the increased training 6. Section 49.14 [Reserved] time may conflict with mine-site duties, 9. Section 49.17 Physical requirements The final rule, like the proposal, does which might preclude experienced for Mine Rescue Team not include this provision in subpart B miners from participating on rescue because it is not applicable to Like the proposed rule, the final rule teams. underground coal mines. MSHA maintains the existing physical Other commenters were not opposed received no comments on this proposal. requirements for mine rescue teams. to the proposed 64 hour training Commenters suggested that MSHA 7. Section 49.15(a) Mine Rescue requirement. Several noted that their modify the rule to allow the use of Station teams’ annual training currently exceeds corrective glasses in determining distant 64 hours. These commenters noted that The final rule, like the proposal, visual acuity. Although MSHA the content and quality of this training removes the exception related to considered this suggestion, it is beyond is more important than the total number alternative compliance. The final rule the scope of the rulemaking. of training hours. They requested more makes no change from the proposal. flexibility in scheduling training, stating This final rule is consistent with the 10. Section 49.18 Training for Mine Rescue Teams that some mine rescue training occurs goals of the MINER Act. MSHA received irregularly, depending on weather no comments on this proposal. The final rule, like the proposed rule, conditions and contest schedules. retains the existing requirements. In the 8. Section 49.16(a) Alternative Other commenters recommended that final rule, MSHA has removed obsolete the annual training requirement be Equipment Requirement for Anthracite language in § 49.18(a) related to waiver Mines increased to a minimum of 96 hours, of initial training. All existing teams given at 8 hours each month. In support The final rule, like the proposal, adds meet the initial training requirement, of this recommendation, they cited the a provision to address underground making it unnecessary to waive. Commission’s report on Improving Mine anthracite coal mines that have no Like the proposal, the final rule adds Safety Technology and Training: electrical equipment at the face or paragraph (b)(6), which requires all Establishing U.S. Global Leadership working section. Through the petition mine rescue team members, at least (2006). The Commission, composed of for modification (PFM) process, MSHA once during each 12-month period, to members from a cross-section of the allows mine rescue teams for participate in training that includes mining community, industry, labor, underground anthracite coal mines, wearing mine rescue apparatus while in academia, government, including mine which have no electrical equipment at smoke, simulated smoke, or an rescue practitioners, recommended a the face or working section, to have equivalent environment. Commenters minimum of 96 hours of annual three members for each team and one agreed that training in smoke afforded training, at 8 hours each month. One alternate to serve both teams. These teams skills that would be useful in an commenter also stated that participating operators have submitted petitions for actual mine emergency and that several in mine rescue contests should not be modification to allow the mine rescue mine rescue teams already perform this considered as part of this 96 hours of station to maintain eight self-contained training. Although some mine operators annual training. oxygen breathing apparatus and eight or training facilities use actual smoke, Based upon the comments, the cap lamps and a charging station, rather operators can use a nontoxic theatrical Commission’s report, and Agency data than twelve of each as required by the smoke, which is harmless. For the and experience, in the final rule MSHA existing standard. purposes of this provision, an has increased the amount of annual On the basis of these petitions and the equivalent environment could include training to 96 hours. In making this findings of its investigation, MSHA training with glasses or face shields that decision, MSHA determined that granted 17 petitions for modification of reduce vision and simulate smoke. This additional annual refresher training is § 49.6(a)(1) and (5) that allow each mine requirement assures that mine rescue necessary to fully address all of the rescue station for anthracite coal mines team members train in realistic training requirements in the MINER Act. to have eight self-contained oxygen conditions. MSHA also agrees with commenters’ breathing apparatus, eight cap lamps, The final rule increases the 40-hour suggestions and the Commission’s and a charging rack, as the approved annual refresher training requirement to report that additional training is alternative method. Currently, 10 96 hours from 64 hours in the proposed necessary to adequately prepare for underground anthracite coal mines rule. This training must be provided at mine rescue team service. In addition, operate under this approved alternative least 8 hours every 2 months. This based on the Commission’s method. increase is in response to comments and recommendations and MSHA’s The final rule requires that mine is consistent with the goals and experience, MSHA anticipates that this rescue stations covering anthracite coal objectives of the MINER Act and the additional training will provide an mines that have no electrical equipment recommendations of the Mine Safety incremental increase in safety for at the face or working section have at Technology and Training Commission underground coal miners. Therefore, the least the amount of equipment (Commission). Some commenters final rule increases training from the appropriate for the number of mine supported the existing requirement of proposed 64 to 96 hours. rescue team members, consistent with 40 hours of annual training. These In addition to existing requirements, the action taken in existing petitions for commenters generally were concerned the MINER Act requires that team modification. For three-person teams that small mines do not have the members be familiar with operations of and one alternate, this would mean resources to allow training during work covered mines, have knowledge of the seven self-contained oxygen breathing hours and that an increase in this operation and ventilation of covered apparatus and seven cap lamps. Under training could affect the mine rescue mines, and train at covered mines. Also, the final rule, equipment required per teams’ ability to attract volunteers. teams under paragraph (b)(6) need to team, such as gas detectors, may not be Other commenters suggested 48 hours of train in smoke, simulated smoke, or an reduced. No commenters objected to annual training was appropriate. They equivalent environment once annually.

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In order to further improve their skills, are relatively rare, the predominant way Further, in response to comments, the teams may also participate in Mine teams keep their skills sharp, and develop course for the responsible person will be Emergency Response Development cohesion, enthusiasm, and trust, is through based on a curriculum prescribed by (MERD) exercises or other practical training. MSHA and placed on the Agency’s Web simulation exercises, such as a fire or The final rule, like the proposed rule site. MSHA is developing this course in explosion drills. This type of training and the existing standard, requires that mine emergency response to assure further enhances teams’ skills in the training courses be conducted by consistent and comprehensive training. interacting with a command center. instructors who have been employed in Commenters further requested that the Recommended training could also an underground mine and have had a final rule include a recommended include: first responder training, minimum of 1 year experience as a mine duration of time for this training. In communications, mine gases, gas rescue team member or mine rescue light of the fact that MSHA is detectors, new technology, heat stress, instructor within the past 5 years. A developing the curriculum for this and hazard training unique to the commenter suggested that MSHA allow course, MSHA does not believe that it covered mines. In addition, skills experienced underground miners to is either necessary or appropriate to training may include building become instructors even though they do specify a duration for this training. temporary stoppings and seals, using a not have 1 year experience as a mine Consistent with other MSHA training foam generator underground, and using rescue team member. MSHA has not requirements, the final rule, like the an air lock to rescue survivors. This included this suggestion in the final rule proposal, requires that the operator additional training will enhance teams’ to assure that mine rescue team certify by signature and date after each skills and abilities. members are instructed by persons with responsible person has completed the The MINER Act also requires mine practical mine rescue experience. Mine training and that the certification be rescue team members to participate in rescue team instructors who have kept at the mine for 1 year. MSHA two local mine rescue contests each received MSHA approval prior to the received no comments on this aspect of year. The final rule will allow up to 16 effective date of the final rule would not the proposal. hours of credit for participation in the have to meet this requirement. 2. Section 49.20 Requirements for All two required mine rescue contests. Coal Mines Some commenters objected to including C. Subpart B—Mine Rescue Teams for mine rescue contests as a part of the Underground Coal Mines; Additional The final rule addresses MINER Act annual training requirement, while MINER Act Provisions provisions that are the same for all underground coal mine rescue teams, others favored such a requirement. 1. Section 75.1501(a) Person regardless of the size of the operation. Commenters stated that mine rescue Knowledgeable in Mine Emergency It requires the operator to make contests are designed to increase rescue Response team skill levels and to facilitate available two certified mine rescue interaction between various rescue The final rule, like the proposal, teams whose members are familiar with teams. MSHA agrees. MSHA believes requires that the responsible person be the operations of each coal mine that mine rescue contests serve a vital trained annually in a course of covered by the mine rescue team, role in achieving the purpose of the instruction in mine emergency participate annually in two local mine MINER Act to improve the safety of response. This provision implements rescue contests, and train at the covered mines and mining. Historically, they the MINER Act requirement that the mines. have served to assure that mine rescue operator have a person employed on each shift who is knowledgeable in a. Section 49.20(a)(1) Familiarity With teams are well-trained and capable of Operations of Covered Mines responding to mine emergencies. Under mine emergency response. The final existing Agency policy, MSHA allows rule requires that the responsible person This final rule, like the proposal, up to 8 hours credit for mine rescue be trained in a course prescribed by requires two certified mine rescue teams contests toward the annual training MSHA’s office of Educational Policy whose members are familiar with the requirement. In recognition of the and Development. operations of the mine and participate at critical need for the team to travel The majority of commenters least annually in two local mine rescue efficiently from the mine rescue station expressed concern that the proposal contests. One commenter stated that to the covered mine, under the final placed too much responsibility on one while MSHA’s understanding of rule, travel time can be counted toward person. Some of these commenters ‘‘familiarity’’ is acceptable for the fulfilling the 96 hour requirement. thought that the proposal required the knowledge a miner would posses in While the final rule increases the total responsible person to conduct the order to safely perform job duties, it amount of annual refresher training, it activities listed in the proposal, rather does not adequately describe the level of retains the requirement that the training than to be trained in those activities. knowledge a mine rescue team member occur at least 8 hours every 2 months. Other commenters expressed concern should posses in order to carry out Taking into consideration comments that the proposal contained excessive rescue and recovery duties. Commenters that mine rescue training occurs training requirements and that the indicated that familiarity with the irregularly, depending on weather training areas listed were not covered mine was necessary but did not conditions and contest schedules, sufficiently described. One commenter agree with the frequency of training at MSHA decided not to reduce the indicated that MSHA must establish and the covered mine. flexibility of scheduling training. Based require a standard minimum curriculum The final rule adopts the MINER Act on MSHA data and experience, 8 hours along with recommended times for each requirement of ‘‘familiarity’’ with the of training every 2 months is necessary topic. operation of the coal mine. Under the to avoid skills degradation. As the In response to comments, MSHA has final rule, MSHA considers Commission’s report states, clarified the final rule to require that the ‘‘familiarity’’ with the operations of the The nation’s mine rescue capability rests responsible person be trained in a covered mine as first-hand experience of more heavily on training than on any other course which includes topics listed in the underground mining conditions and aspect of the mine emergency response the rule. The rule does not establish any operations at a particular mine. Team system. Especially since emergency incidents new duties for the responsible person. members who do not work at the

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covered mine become familiar with its counterproductive because the teams training or service. A commenter, operations by participating in mine need time to analyze and discuss in however, indicated that small mines rescue training at the mine. Training at depth their performance during the should be required to have two team the mine may include: Identifying the contest. Contest judges evaluate teams members on composite teams. designated escapeways, intakes, returns, and provide a written evaluation and Several commenters suggested the ventilation system, locations and score after each contest. Contest judges allowing a company team, composed of types of fire fighting equipment, the will evaluate each team and judge if the miners who work for an operator of communication system, mine-wide team demonstrates acceptable skills to multiple mines, to be considered a monitoring system, and the type of be certified. A copy of the judge’s mine-site team so they would not need transportation equipment used at the evaluation will be submitted to the to have two team members from each mine. Also, team members need to be District Manager. MSHA expects that covered mine. Commenters also familiar with the location of stored teams learn from constructive feedback expressed concern that requiring two SCSRs, lifelines, breathable air, and their experiences during contests. members from each covered mine may hardened rooms, and other emergency In response to this comment, MSHA has result in teams with too many members, response equipment or supplies. changed the proposed criteria for a local creating logistical training problems and MSHA recognizes that the amount of mine rescue contest in the final rule to excessive costs. time required to familiarize teams with clarify that a contest consists of one or With regard to state-sponsored teams, a particular mine will vary, depending more problems on one or more days several commenters suggested that on mining conditions. For example, with a determined winner. teams composed of non-state employees teams may need more time to become who use mine rescue equipment and familiar with complex mines and newer c. § 49.20(b) Requirements for Types of stations provided by the state be team members may require more time to Mine Rescue Teams considered a state-sponsored or achieve this familiarity. For this reason, The final rule, like the proposal, composite team instead of a contract MSHA is not requiring a minimum provides for four types of mine rescue team. Some commenters stated that amount of time for mine rescue team teams, consistent with the MINER Act. State-sponsored composite team training underground at each covered In response to comments, MSHA has members should be considered state mine. MSHA expects the operator to included clarifying changes in the final employees to get credit for the time in effectively evaluate each team member rule. training at the mine in which they work. to determine the amount of training Commenters generally expressed In response to commenters’ concerns necessary for that person to become concern that the description of teams in that the proposal did not effectively familiar with operations at the covered the MINER Act did not adequately encourage the creation of new mine site mine. MSHA expects that a portion of encompass the variety of arrangements teams, the final rule requires mine-site each required training session at the for mine rescue service or the teams to train annually at each covered mine be conducted in the mine. composition of mine rescue teams that small mine. MSHA expects this change are currently available to the mining to encourage more mine-site teams. The b. § 49.20(a)(2) Participation in Two community. Commenters indicated that final rule also requires state-sponsored Local Mine Rescue Contests this provision would disrupt existing teams to train annually instead of semi- Like the proposal, the final rule mine rescue service, which would be annually at each covered small mine. includes the MINER Act requirement contrary to the goals of the MINER Act. Additionally, at small mines only, the that mine rescue team members They cautioned that the proposal could final rule allows composite teams to participate in two local mine rescue result in: Disbanding experienced mine have one member from each covered contests annually. rescue teams; replacing experienced small mine. Also in response to Commenters expressed concern with team members with inexperienced ones; comments, for the purpose of mine the criteria for, and quality of, mine inability to attract volunteers to join rescue team membership, a member rescue contests. They were concerned mine rescue teams; mines losing current employed by an operator of multiple about the availability of acceptable coverage arrangements, and possibly mines is considered to be an employee contests. MSHA addresses commenters’ mine closures. of each mine at which the member concerns with criteria for mine rescue Commenters objected to the regularly works. In this section, MSHA contests in the discussion of § 49.60, differences in training requirements for considers ‘‘regularly works’’ to mean which addresses requirements for a large and small mines. In particular, that the member has recurring job duties local mine rescue contest. commenters expressed concern that the at each mine, exposing the member to Mine rescue contests are designed to training differences between types of the mine’s underground operations, sharpen skills and test the knowledge of teams were illogical, requiring mine-site ventilation, conditions, and team members who would be called on and state-sponsored teams to train more environment. For example, these to respond to a mine emergency. often at each covered small mine than employees may include surveyors, Historically, mine rescue contests have at each covered large mine. Other engineers, safety personnel, electricians, provided individuals with practical, commenters stated that mine size and and maintenance and service personnel. hands-on experience and are one of the complexity should determine the One commenter questioned the use of most effective forms of training. Some frequency of training at the covered ‘‘a’’ covered mine in the proposal, team members who are regular mine, not the type of team. believing that MSHA meant ‘‘each’’ participants in contests have been called Commenters objected to the proposed covered mine. In response to this on in recent years to perform actual requirement that composite teams from comment, the final rule includes the mine rescue and recovery work. They small mines need to include two miners term ‘‘each’’ covered mine. have done so successfully and training from each covered mine. They were exercises, such as mine rescue contests, concerned about the ability of small d. Knowledge of Operations and were essential to maintaining a well- mines to generate two volunteers due to Ventilation at the Covered Mine prepared team. their employment. They indicated that The final rule, like the proposal, A commenter stated that participation small mines are less likely to be able to requires members of mine rescue teams in two back-to-back contests is spare a miner to perform mine rescue to have knowledge of the operations and

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ventilation at each covered mine. a portion of the training at each covered member trains at each covered mine at Generally, this would require each team mine must be conducted underground. least annually. Some commenters to review the mine’s ventilation maps, Commenters objected to the suggested that only two members of roof or ground control methods, requirement that teams train at each each team be required to train at each emergency response plan, covered mine. They stated that this covered mine and they would brief the transportation, and communication training is impractical, overly team. A commenter suggested that, if system. burdensome, unnecessary, and may the team does not complete training at e. Mine Rescue Team Training at Each negatively affect the ability to attract each covered mine, the team should not Covered Mine new team members. In particular, be used as a first responder. The final rule, like the proposal, commenters indicated that travel and Under the final rule, the number of requires that members of mine rescue training time is excessive for contract training sessions required at the covered teams must participate in training at teams. Several commenters suggested mine depends on the mine size and type each covered mine, consistent with the that, to alleviate this burden, team of mine rescue team. The following MINER Act, MSHA interprets the intent members be allowed to rotate training at chart illustrates the required number of of the MINER Act to require that at least each covered mine so that each team training sessions at each covered mine.

TABLE 1.—FREQUENCY OF TRAINING FOR MINE RESCUE TEAM MEMBERS AT EACH COVERED UNDERGROUND COAL MINE EACH YEAR

Mine size Type of team Large Small (more than 36) (36 or fewer)

Mine Site ...... 1 (annually) ...... 1 (annually). Composite ...... 2 (semi-annually) ...... 2 (semi-annually). Contract ...... 4 (quarterly) ...... 2 (semi-annually). State-sponsored ...... 1 (annually) ...... 1 (annually).

In response to comments, the final underground operations, conditions, have more than 36 underground rule includes § 49.20(d) to clarify that a and environment. For example, this may employees. MSHA recognizes that a portion of the training at each covered include surveyors, engineers, safety large mine’s employment may fluctuate mine must be conducted underground. personnel, electricians, and from time to time. MSHA expects f. Integration of Mine Rescue Team maintenance and service personnel. operators to use the data reported to Training Requirements MSHA for the quarterly employment The two new categories of training for 3. Section 49.30 Requirements for Small Coal Mines and coal production report required in mine rescue team members, § 50.30 to determine the number of participation in mine rescue contests The final rule, like the proposal, underground employees working at a and participation in training at the requires that members of mine rescue mine. covered mines, complement the existing teams covering a small mine know the training. The final rule retains existing operations and ventilation of the mine. 5. Section 49.50 Certification of Mine requirements for training sessions In response to comments, MSHA Rescue Teams underground every 6 months; and the clarifies that small coal mines applies to The final rule establishes criteria to wearing of breathing apparatus for a mines with 36 or fewer underground certify the qualifications of mine rescue minimum of 2 hours every 2 months. employees. Commenters asked MSHA to teams, consistent with the MINER Act. MSHA expects operators to integrate the clarify how the Agency would new requirements, including mine determine employment for purposes of a. § 49.50(a) Certification Criteria rescue training at the covered mines, the rule. MSHA recognizes that a small with the existing requirements. mine’s employment may fluctuate from The final rule, like the proposal, time to time. MSHA expects operators to requires that a mine operator certify that g. Section 49.20(c) Employee of use data reported to MSHA for the each of the mine’s two designated mine Multiple Mines quarterly employment and coal rescue teams meet the requirements of The final rule adds this paragraph in production report required in § 50.30 to this subpart. The certification criteria response to comments. Commenters determine the number of underground include a certification statement, requested that the Agency clarify, for employees working at a mine. equipment and training requirements, mine rescue team purposes only, the and the frequency of certification. As in employment status of an employee who 4. Section 49.40 Requirements for the proposed rule, to be certified, the works at multiple mines for a single Large Coal Mines mine rescue team must be available operator. For the purpose of mine rescue The final rule, like the proposal, when miners are underground and team membership, this new provision requires that the mine operator of a large within 1 hour ground travel time from allows a team member employed by an mine designate either an individual the mine rescue station to the mine; operator of multiple mines to be mine-site team or a composite team as team members must be physically fit, considered an employee of each mine at one of the two mine rescue teams, experienced working in an underground which the member regularly works. In consistent with the MINER Act. The mine, and properly trained; and the this section, MSHA considers ‘‘regularly second mine rescue team can be a mine- mine rescue station must be adequately works’’ to mean that the member has site, composite, contract, or State- equipped. The criteria for these recurring job duties at each mine, sponsored team. MSHA clarifies that qualifications are contained in the final exposing the member to the mine’s large coal mines applies to mines that rule.

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A commenter asked MSHA to clarify mine rescue teams. Table 49.50–B lists consider State-sponsored teams, whose whether a mine rescue team member the annual criteria to maintain mine members are full-time state employees, may complete an annual certification rescue team certification. New teams as participating in a local mine rescue statement. Like the proposal, the final will have to meet these requirements. contest when performing duties as rule does not address who completes In response to comments, this final contest judges or officials. the annual certification statement. To rule includes an optional certification One commenter supported the comply with this requirement, the mine form that operators may use to assist proposed requirement stating that this operator must certify and submit the them in complying with this section. would allow companies to put on their annual certification statement to the This optional form is attached as an own mine rescue contests and have District Manager. appendix to this rule. The form is intra-company training. Another One commenter objected to operator posted on MSHA’s Web site. MSHA will commenter questioned whether certification of mine rescue teams accept certification statements in all permitting competitions with as few as because it does not provide for an formats, both electronic and paper. three participating teams is adequate. As objective review of a team’s abilities. stated in the proposal, MSHA intends (b) § 49.50(b) District Manager This commenter also expressed concern that requiring a minimum of three teams Notification about MSHA’s ‘‘lifetime certification’’ of for a local mine rescue contest will mine rescue instructors and suggested The final rule includes a new encourage more contests among teams that MSHA require instructors to requirement that an operator must in close geographic proximity. demonstrate routinely their skill and notify the District Manager within 60 Therefore, the final rule requires a understanding of mine rescue. The final days of any change in team minimum of three competing teams in rule provides that a local mine rescue membership. Commenters stated that a local mine rescue contest. contest is training that provides an the membership of each team is subject Commenters indicated that objective evaluation of demonstrated to change and questioned the impact of participation in a mine rescue contest is mine rescue team skills. MSHA changes on team certification. MSHA an opportunity to demonstrate the considers the evaluations of team clarifies that a team does not results of training. Teams spend a lot of performance at the two required local automatically lose its certification when time preparing for contests. As stated in mine rescue contests to be an objective a team replaces a member. Under the the proposal, teams must prepare to test and evaluation of a mine rescue final rule, the operator has 60 days in compete as if the contest were an actual team’s abilities. which to notify the District Manager of mine emergency. MSHA agrees that In response to comments, MSHA has any change so that MSHA can assure preparation for a contest is a vital added a requirement in the certification continued compliance. component of team training, along with table that judges must certify the results the interaction with other teams and the of the two local contests. This will serve 6. Section49.60 Requirements for a evaluation provided by judges. to provide further evidence of an Local Mine Rescue Contest Competing while being timed, observed, objective evaluation of a team’s abilities. The final rule, like the proposal, and judged creates a stressful The final rule requires that contest includes criteria for a local mine rescue environment that provides an effective judges complete annual training for contest. It also requires that, when forum for evaluating and testing the mine rescue contest judges. As required requested, the mine operator must team’s level of knowledge and skill by the final rule, a local mine rescue provide information to the District under simulated mine emergency contest must use the National Mine Manager concerning each designated conditions. The ability to make effective Rescue Contest rules, or other rules team’s schedule of participation in decisions quickly, while under stress recognized by MSHA. Contest judges upcoming local mine rescue contests. and wearing breathing apparatus, is a receive comprehensive training on Paragraph (a) of this section in the vital skill for each mine rescue team contest rules. At each contest, each final rule requires that a local mine member to develop. mine rescue team has a problem. In rescue contest is: conducted in the Most commenters agreed that, in general, judges use the following criteria United States; uses MSHA recognized order for judges to administer the mine to evaluate team performance: (1) rules; has a minimum of 3 teams; and rescue contest fairly and provide Communication with team members; (2) has one or more problems conducted on appropriate and meaningful evaluations, Time taken to solve problem; (3) one or more days with a determined judges should have a strong background Accuracy of markings, e.g. on maps; (4) winner. in mine rescue. In addition, most Team effectiveness in solving problem; With respect to the requirement that commenters agreed that there should be (5) Team effectiveness in handling first contests use MSHA-recognized rules, prescribed areas of annual training for responder activities, e.g. first-aid; and commenters stated that all contests contest judges, but did not want a (6) Team’s use of technology, e.g. testing should use MSHA National Contest minimum required amount of time. for methane and other gasses. Teams rules; others indicated that contests Some stated that judges’ training on the receive discounts for mistakes, and an should concentrate on the practical rules should address changes in the overall score. Periodically, MSHA will aspects of mine rescue and not focus on rules only. MSHA disagrees because monitor mine rescue team instructor compliance with rules. Some said the training should always be activities. When a judge finds that a contest rules may be too restrictive. Like comprehensive. This strengthens team does not meet minimum skills, the proposal, the final rule does not existing skills and knowledge and MSHA will audit the training and notify require contest organizers to use the accommodates new judges. Some the District Manager. Based on this National Mine Rescue Contest Rules; it commenters indicated that persons with audit, MSHA may revoke the allows other rules recognized by MSHA. knowledge of mine rescue principles instructor’s approval. Commenters wanted MSHA to clarify and practices and experienced in mine For further ease of understanding, the term ‘‘participate,’’ as used in the rescue should be allowed to serve as MSHA divided the proposed Table on proposal. As is existing practice, MSHA judges for local contests. Some said that Certification into two tables in the final recognizes a team as participating when only MSHA or State personnel should rule. Table 49.50–A lists the initial the team is present and competes. Also, judge contests. A few commenters stated criteria to certify the qualifications of in response to comments, MSHA will that judges should have actual mine

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rescue experience, preferably least annually in two local mine rescue industry, costs and benefits, feasibility, experience in an actual emergency. contests. As stated previously, MSHA small business impacts, and paperwork. MSHA believes that the annual rules considers that participation in The REA is located on MSHA’s Web site training is sufficient to adequately train simulated mine rescue team exercises, at http://www.msha.gov/ judges. where the members wear breathing REGSINFO.HTM. A copy of the REA can Paragraph (b) of this section in the apparatus, demonstrate mine rescue be obtained from MSHA’s Office of final rule clarifies that a local mine team skills, and receive an evaluation of Standards, Regulations, and Variances rescue contest provides an objective team performance fosters an at the address in the ADDRESSES section evaluation of demonstrated mine rescue environment conducive to increased of this preamble. team skills. A number of commenters preparation for mine rescue and mine Executive Order 12866 requires that indicated that there are other simulated emergency response. regulatory agencies assess both the costs mine rescue team exercises that also As stated in the preamble to the and benefits of significant regulatory enhance mine rescue skills and provide proposed rule, MSHA considers actual actions. Under the Executive Order, a an evaluation of the team’s performance. underground participation in a rescue or ‘‘significant regulatory action’’ is one A few commenters expressed concern recovery operation as a substitute for meeting any of a number of specified that MSHA proposed other simulated participation in a local mine rescue conditions, including the following: mine rescue team exercises as a contest. Having an annual effect on the economy substitute for a local mine rescue The final rule requires mine operators of $100 million or more, creating a contest. A local mine rescue contest to notify the appropriate District serious inconsistency or interfering with provides an objective evaluation of Manager, on request, when and where an action of another, materially altering demonstrated mine rescue team skills. their designated teams plan to In response to these comments, the final participate in mine rescue contests. This the budgetary impact of entitlements or rule clarifies that a MERD exercise or notice allows MSHA time to prepare for the rights of entitlement recipients, or practical simulation exercise, such as a attending the contest and to provide raising novel legal or policy issues. fire or explosion response exercise, can assistance as necessary. This notice also Based on the REA, MSHA has be a local mine rescue contest for allows MSHA to verify that the contest determined that the final rule does not purposes of this provision. MSHA meets the requirements of this final rule. have an annual effect of $100 million or more on the economy and that, recognizes that the benefit of preparing IV. Regulatory Economic Analysis for a contest is as valuable as competing. therefore, it is not an economically Some commenters said that A. Executive Order 12866 ‘‘significant regulatory action’’ pursuant scheduling issues may preclude some Executive Order (E.O.) 12866 as to section 3(f) of E.O. 12866. MSHA, mines from participating in two local amended by E.O. 13258 (Amending however, has concluded that the final mine rescue contests and that additional Executive Order 12866 on Regulatory rule is otherwise significant under opportunities to participate in other Planning and Review) requires that Executive Order 12866 because it raises types of simulated mine rescue regulatory agencies assess both the costs novel legal or policy issues. exercises allows teams to satisfy this and benefits of regulations. To comply B. Population at Risk requirement. with E.O. 12866, MSHA has prepared a Two commenters stated that MSHA Regulatory Economic Analysis (REA) for The rule applies to 653 underground cannot allow substitution of other the final rule. The REA contains coal mines covering 42,597 miners and training for participation in local mine supporting data and explanation for the 8,250 (non-office) contractors. Table 2 rescue contests because the MINER Act summary materials presented in this shows summary data for underground mandates that teams must participate at preamble, including the covered mining coal mines.

TABLE 2.—SUMMARY DATA FOR UNDERGROUND COAL MINES

Number of Number of Total number Annual rev- Annual cost Mine size a employees Cost per mine mines of miners b enue (billions) (millions) underground b

1–19 ...... 220 2,255 1,952 $0.3 $1.1 $5,200 20–500 ...... 420 32,852 29,742 10.3 3.4 8,200 >500 ...... 13 7,490 6,503 3.1 0.2 13,400 All Mines ...... 653 42,597 38,197 13.7 4.8 7,400 a Size based on total mine employment. b Does not include 1,188 office workers or 8,250 (non-office) contractor employees, 4,096 of which work underground.

C. Costs approximately $4.8 million. mine operators with 20–500 employees; Disaggregated by mine size, yearly costs Table 3 shows a summary of the total and $0.2 million (or about $13,400 per will be $1.1 million (or approximately yearly cost of this rule for mine mine) for mine operators with more $5,200 per mine) for mine operators operators. MSHA estimates that the rule than 500 employees. All cost estimates with fewer than 20 employees; $3.4 will result in total yearly costs for the are presented in 2006 dollars. million (or about $8,200 per mine) for underground coal mining industry of

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TABLE 3.—SUMMARY OF TOTAL YEARLY COST OF THE RULE FOR UNDERGROUND COAL MINE OPERATORS

Mine size Section Total yearly 1–19 20–500 501+ cost

One Hour from Mine Rescue Station to Mine a ...... $559,407 $292,982 $7,000 $859,390 Mine Rescue Team Training b ...... 379,967 2,225,222 119,768 2,724,956 Mine Rescue Contests c ...... 91,915 552,810 30,037 674,762 Certification of Mine Rescue Teams d ...... 8,161 15,580 482 24,223 Responsible Person Training & Certification e ...... 95,047 362,906 16,849 474,803

Total ...... 1,134,497 3,449,500 174,137 4,758,134

For purposes of the mine rescue team employees will incur costs of teams. As shown in Table 4, the total final rule, MSHA has broken down total approximately $2.0 million per year and yearly cost of the final rule for State- compliance costs for mines with 1–36 underground coal mines with 37 or sponsored mine rescue teams will be employees and mines with 37 or more more employees will incur costs of about $66,000. Of this, $57,000 will be employees. Of the $4.8 million total approximately $2.8 million per year. for training and $8,000 will be for yearly cost of the final rule, In addition, the final rule will impose participation in one local mine rescue underground coal mines with 1–36 costs on State-sponsored mine rescue contests.

TABLE 4.—SUMMARY OF TOTAL YEARLY COST OF THE FINAL RULE FOR STATE MINE RESCUE TEAMS

Mine size Section Total yearly 1–19 20–500 501+ cost

Mine Rescue Team Training a ...... $24,905 $31,869 $708 $57,482 Mine Rescue Contests b ...... 6,466 8,486 159 15,111

Total ...... 31,371 40,355 867 72,593

These cost estimates reflect the new public comments on the proposed rule, rescue team can sometimes mean the requirements in the final rule that no that MSHA made with respect to difference between life and death. In mine served by a mine rescue team be anticipated industry and State responses most instances, other types of rescue more that one hour ground travel time to the final rule: (1) 28 mine rescue units, e.g., a rescue squad from the local from the mine rescue station with which stations will be added to the 92 stations fire department, are unlikely to have the the rescue team is associated. The costs currently serving underground coal specialized training and equipment to are also related to final rule mines and 5 mine rescue stations will respond effectively to an emergency due requirements that each mine rescue be relocated; (2) an additional 68 mine to the hazardous nature of the team, except for qualified State teams, rescue teams will be formed; and (3) underground coal mine environment. participate in at least two local mine none of the existing 145 mine rescue A good mine rescue team will have rescue contests annually and that teams teams will disband. In addition, knowledge and familiarity with the train at the mines serviced by the team. although MSHA is aware that the mine layout, including the designated To fully address all of the training requirements in the final rule may cause requirements in the MINER Act, mine States to increase the number of State- escapeways, intakes, returns, locations rescue team members must have at least sponsored mine rescue teams and and types of fire fighting equipment, the 96 hours of refresher training annually, stations, the Agency assumed no change communication system, mine-wide which can include travel time from the in the existing level of these services in monitoring system, the type of mine rescue station to the covered mine response to the final rule. MSHA also transportation equipment used at the and up to 16 hours of participation in made various changes to its cost mine, the location of stored SCSRs, mine rescue contests. MSHA estimates estimates in response to public lifelines, breathable air, hardened that the additional cost attributable to comments on the proposed rule. These rooms, and other emergency response training, relative to the proposed rule, is changes are discussed in detail in the equipment or supplies; know the mine’s approximately $600,000. Also, the final REA. roof conditions and ventilation system; rule requires that all underground coal and have an established working mine operators certify that each of the D. Benefits relationship with mine management and among the team members. These factors mine’s designated rescue teams meet the The purpose of this rule is to enhance provide for more efficient decision- requirements of § 49.50, that the the availability and effectiveness of operator have a person employed on mine rescue teams in the event of an making during an emergency and each shift who is knowledgeable in emergency situation at an underground increased confidence in the personnel mine emergency response, and that the coal mine. Mine operators often rely on who implement these decisions. responsible person be trained in a mine rescue teams to save miners MSHA has qualitatively determined course prescribed by MSHA’s Office of during an underground emergency such that the final rule will make coal mine Educational Policy and Development. as an explosion, fire, roof fall, or water rescue teams better able to respond to These cost estimates are based on a inundation. In such a situation, the emergencies when a quick response by number of assumptions, informed by timely arrival of a properly-trained mine rescue teams is vital to miners. The final

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rule will improve overall mine rescue building temporary stoppings and seals, Small Business Administration (SBA), service in three areas: using a foam generator underground, and made the certification under the • It will improve mine emergency and using an air lock to rescue Regulatory Flexibility Act at 5 U.S.C. response time by requiring that mine survivors. Based on the Commission’s 605(b) that the final rule does not have rescue team members be available at the recommendations and MSHA’s a significant economic impact on a mine within 1 hour ground travel time experience, this additional training will substantial number of small entities. from the mine rescue station. enhance teams’ skills and abilities. In The factual basis for this certification is • It will increase the quality and addition, MSHA anticipates that the presented in full in Chapter V of the effectiveness of training by requiring additional hours of training will provide REA and in summary form below. team members to be familiar with the an incremental increase in safety for A. Definition of a Small Mine covered mines’ operations, participate underground coal miners. in training at the covered mines, and The final rule also requires mine Under the RFA, in analyzing the participate in two local mine rescue rescue team members to participate in impact of a rule on small entities, contests. A portion of the training must two local mine rescue contests each MSHA must use the Small Business be conducted underground. This year. Mine rescue contests serve a vital Administration’s (SBA’s) definition for a training will enhance the team’s role in achieving the purpose of the small entity, or after consultation with knowledge of the underground MINER Act to improve the safety of the SBA Office of Advocacy, establish environment and provide firsthand mines and mining. Historically, they an alternative definition for the mining experience of the underground mining have served to assure that mine rescue industry by publishing that definition in conditions. the Federal Register for notice and • teams are well-trained and capable of It will strengthen the requirements responding to mine emergencies. They comment. MSHA has not established an for knowledge and experience of mine provide a practical forum to objectively alternate definition and is required to rescue team members by requiring them evaluate a team’s skills and abilities. use the SBA definition. The SBA to have knowledge of the operations and The final rule will allow up to 16 hours defines a small entity in the mining ventilation of the covered mines and by of credit for participation in the two industry as an establishment with 500 requiring contract team members to required mine rescue contests. or fewer employees. have at least 3 years underground coal MSHA has also examined the impact mine experience within the 10-year V. Feasibility of this rule on underground coal mines period preceding their employment on MSHA has concluded that the with fewer than 20 employees, which the contract team. requirements of the final rule are MSHA has traditionally referred to as The final rule will also increase technologically and economically ‘‘small mines.’’ These small mines differ awareness of the mine operator by feasible. from larger mines not only in the requiring the operator to provide two number of employees, but also in certified mine rescue teams and to have A. Technological Feasibility economies of scale in material a responsible person knowledgeable in This final rule is not a technology- produced, in the type and amount of mine emergency response on each shift. forcing standard and does not involve production equipment, and in supply The final rule includes criteria for new scientific knowledge. The inventory. Therefore, the cost of certifying mine rescue teams and requirements of the rule involve training complying with MSHA’s final rule and clarifies training requirements for the and purchase of equipment and a the impact of the final rule on small knowledgeable person. requirement that the mine rescue station mines will also be different. Team members employed at a mine be located closer, within 1 hour (rather In addition, MSHA has examined the must be knowledgeable in mine gases, than 2 hours) ground travel time to the cost of compliance for underground coal ventilation, first aid, and other health covered mines. MSHA estimates that mines with 36 or fewer employees, and safety subjects as they apply this requirement will necessitate consistent with the requirements of the generally and at the covered mine. Their additional mine rescue stations and MINER Act. The detailed factual basis level of mine rescue training, combined mine rescue teams. MSHA has below also shows the economic impact with their everyday presence during the concluded that the final rule is on underground coal mines with 36 or normal work cycle, provides an added technologically feasible. fewer employees. measure of safety for each worker at the mine. B. Economic Feasibility B. Factual Basis for Certification The final rule increases the 40-hour The total cost of the final rule is MSHA initially evaluates the annual refresher training requirement to approximately $4.8 million annually for economic impact of a rule on ‘‘small 96 hours from 64 hours in the proposed all underground coal mine operators. entities’’ by comparing the estimated rule. This additional annual refresher These compliance costs are under one costs of the rule for small entities to training is necessary to fully address all percent of the yearly revenues of $13.7 their estimated revenues. When of the training requirements in the billion for these underground coal mine estimated costs are less than one percent MINER Act and the recommendations of operators. MSHA concludes that the of estimated revenues for the size the Mine Safety Training and final rule is economically feasible. categories considered, MSHA believes it Technology Commission. It will allow is generally appropriate to conclude that teams to adequately prepare for mine VI. Regulatory Flexibility Act and there is not a significant economic rescue team service. The additional Small Business Regulatory Enforcement impact on a substantial number of small training enhances teams’ skills in Fairness Act entities. If the estimated costs are equal interacting with a command center. The Pursuant to the Regulatory Flexibility to or exceed one percent of revenues, additional training could include: first Act (RFA) of 1980, as amended by the MSHA will investigate whether a responder training, communications, Small Business Regulatory Enforcement further analysis is required. For this mine gases, gas detectors, new Fairness Act (SBREFA), MSHA analyzed final rule, MSHA has determined that technology, heat stress, and hazard the impact of the final rule on small the estimated costs are less than one training unique to the covered mines. entities. Based on that analysis, MSHA percent of the estimated revenues. Additional skills training may include notified the Chief Council for Advocacy, Therefore, MSHA certifies that this final

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rule does not have a significant Budget (OMB) has approved these expenditures by State, local, or tribal economic impact on a substantial requirements, which are in existing governments, however, because it places number of small entities. §§ 49.6 and 49.8, under OMB control new requirements on underground coal Coal mining revenues are derived number 1219–0078. Final § 49.50 mine operators in providing and from data on the price of coal and total contains a new annual paperwork training mine rescue teams. These coal production. Total underground coal requirement for mine operators to changes will not directly affect States or production in 2006 was 359 million certify that each designated mine rescue their relationships with the national tons. The price of underground coal in team meets the requirements of this government; however, some States 2006 was $38.28 per ton.1 Thus, based part. Final § 75.1501 also requires mine sponsor mine rescue teams. on the total amount of coal production operators to certify that each responsible B. The Treasury and General and the cost of coal per ton, the total person has completed the required mine Government Appropriations Act of estimated revenue in 2006 for emergency response training. 1999: Assessment of Federal underground coal production was $13.7 Overall, the underground coal Regulations and Policies on Families billion. Using the same approach, the industry will incur approximately 1,387 estimated 2006 underground coal paperwork burden hours annually with Section 654 of the Treasury and revenue by employment size category is associated paperwork burden costs of General Government Appropriations approximately $0.3 billion for 220 approximately $61,587. Act of 1999 (5 U.S.C. 601 note) requires mines with 1–19 employees, $1.4 billion MSHA estimates that the final rule agencies to assess the impact of agency for 399 mines with 1–36 employees, and will require additional mine rescue actions on family well-being. MSHA has $10.6 billion for 640 mines with 1–500 teams and equipment. Existing determined that this final rule will have employees. standards require information collection no effect on family stability or safety, The final rule results in an average for mine rescue teams and equipment. marital commitment, parental rights and yearly cost per underground coal mine MSHA will add the information authority, or income or poverty of of $5,157 for mines with 1–19 collection burden for additional teams families and children. Accordingly, employees; $4,908 for mines with 1–36 and equipment to that approved under MSHA certifies that this final rule will employees; and $7,162 for mines with existing Office of Management and not impact family well-being. 1–500 employees. The average yearly Budget (OMB) control number 1219– cost per mine for all underground coal C. Executive Order 12630: Government 0078. Actions and Interference With mines is $7,287. When dividing the For a detailed explanation of how the yearly compliance costs by the annual Constitutionally Protected Property burden hours and related costs were Rights revenues in each mine size category, the calculated, see the Paperwork Section of cost of the rule for underground coal the Regulatory Economic Analysis This final rule will not implement a mines is 0.38% of revenues for mines (REA) accompanying this final rule. The policy with takings implications. with 1–19 employees, 0.14% of REA is posted on MSHA’s Web site at Accordingly, E.O. 12630 requires no revenues for mines with 1–36 http://www.msha.gov/REGSINFO.HTM. further Agency action or analysis. employees, and 0.04% of revenues for A copy of the REA can be obtained from mines with 1–500 employees. The cost D. Executive Order 12988: Civil Justice MSHA’s Office of Standards, Reform as a percentage of revenues for all Regulations, and Variances at the underground coal mines will be This final rule was written to provide address provided in the ADDRESSES approximately 0.03%. section of this preamble. a clear legal standard for affected When applying MSHA’s and SBA’s conduct and was carefully reviewed to definition of small entities, the annual B. Procedural Details eliminate drafting errors and cost of the final rule for small mines is The information collection package ambiguities, so as to minimize litigation substantially less than one percent of was submitted to OMB with the and undue burden on the Federal court their estimated annual revenues. MSHA proposed rule for review under 44 system. Accordingly, this final rule has certified that the final rule does not U.S.C. 3504, paragraph (h) of the meets the applicable standards provided have a significant economic impact on Paperwork Reduction Act of 1995, as in Section 3 of E.O. 12988. a substantial number of small entities amended. A copy of the information that are covered by the final rule. E. Executive Order 13045: Protection of collection package can be obtained from Children From Environmental Health VII. Paperwork Reduction Act of 1995 the Department of Labor by electronic Risks and Safety Risks mail request to [email protected] or A. Summary This final rule will have no adverse by phone request to 202–693–4129. impact on children. Accordingly, E.O. The mine rescue team final rule Since the proposed rule was 13045 requires no further Agency action retains the existing paperwork burden published, MSHA has not received any or analysis. requirements and imposes several new substantive comments on the paperwork paperwork burden requirements. Final collection. F. Executive Order 13132: Federalism § 49.16 requires certification of Executive Order (E.O.) 13132 requires inspection and testing of breathing VIII. Other Regulatory Considerations MSHA to develop an accountability apparatus, as well as a record of any A. The Unfunded Mandates Reform Act process to ensure a meaningful and corrective action taken for breathing of 1995 timely input by State and local officials apparatus. Final § 49.18 requires in the development of regulatory preparation of training materials for new MSHA has reviewed the final rule policies that have ‘‘federalism mine rescue team members and a record under the Unfunded Mandates Reform implications.’’ Policies that have of each new mine rescue team member’s Act of 1995 (2 U.S.C. 1501 et seq.). The federalism implications are defined as training. The Office of Management and final rule will not increase private sector expenditures by more than $100 million having ‘‘substantial direct effects on the 1 U.S. Dept. of Energy, Energy Information annually; nor will it significantly or States, on the relationship between the Administration, ‘‘Annual Coal Report 2006,’’ Table uniquely affect small governments. The national government and the States, or 28, October 2007. final rule may result in increased on the distribution of power and

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responsibilities among the various Accordingly, E.O. 13211 requires no § 49.10 [Removed] levels of government.’’ The final rule further Agency action. I 3. Remove § 49.10. places new requirements on I. Executive Order 13272: Proper underground coal mine operators in I 4. Add new subpart B to read as Consideration of Small Entities in providing and training mine rescue follows: Agency Rulemaking teams. These changes will not directly Subpart B—Mine Rescue Teams for affect States or their relationships with MSHA has thoroughly reviewed the Underground Coal Mines final rule to assess and take appropriate the Federal government. Although the Sec. final rule does not directly affect States, account of its potential impact on small 49.11 Purpose and scope. some States sponsor mine rescue teams. businesses, small governmental 49.12 Availability of mine rescue teams. jurisdictions, and small organizations. 49.13 Alternative mine rescue capability for G. Executive Order 13175: Consultation MSHA has determined and certified that and Coordination With Indian Tribal small and remote mines. the final rule does not have a significant 49.14 Reserved. Governments economic impact on a substantial 49.15 Mine rescue station. This final rule does not have ‘‘tribal number of small entities. 49.16 Equipment and maintenance implications,’’ because it will not ‘‘have requirements. substantial direct effects on one or more List of Subjects in 30 CFR Parts 49 and 49.17 Physical requirements for mine Indian tribes, on the relationship 75 rescue team. Education and training, Mine safety 49.18 Training for mine rescue teams. between the Federal government and 49.19 Mine emergency notification plan. Indian tribes, or on the distribution of and health, Reporting and 49.20 Requirements for all coal mines. power and responsibilities between the recordkeeping requirements. 49.30 Requirements for small coal mines. Federal government and Indian tribes.’’ Dated: February 1, 2008. 49.40 Requirements for large coal mines. Accordingly, E.O. 13175 requires no Richard E. Stickler, 49.50 Certification of coal mine rescue further Agency action or analysis. teams. Acting Assistant Secretary for Mine Safety 49.60 Requirements for a local mine rescue H. Executive Order 13211: Actions and Health. contest. Concerning Regulations That I For the reasons set out in the Appendix to Subpart B—Optional Form Significantly Affect Energy Supply, preamble, and under the authority of the for Certifying Mine Rescue Teams Distribution, or Use Federal Mine Safety and Health Act of Executive Order 13211 requires 1977 as amended by the Mine Subpart B—Mine Rescue Teams for agencies to publish a statement of Improvement and New Emergency Underground Coal Mines energy effect when a rule has a Response Act of 2006, MSHA amends § 49.11 Purpose and scope. significant energy action that adversely chapter I of title 30 of the Code of affects energy supply, distribution, or Federal Regulations as follows. (a) This subpart implements the use. MSHA has reviewed the final rule provisions of section 115(e) of the for its impact on the supply, PART 49—MINE RESCUE TEAMS Federal Mine Safety and Health Act of distribution, and use of energy because I 1. The authority citation for part 49 is 1977, as amended by the Mine it applies to the underground coal revised to read as follows: Improvement and New Emergency mining industry. Because this final rule Response (MINER) Act of 2006. Every Authority: 30 U.S.C. 811, 825(e). results in yearly costs of approximately operator of an underground coal mine $4.8 million to the underground coal Subpart A—Mine Rescue Teams for shall assure the availability of mine mining industry, relative to annual Underground Metal and Nonmetal rescue capability for purposes of revenues of $13.1 billion in 2006, it is Mines emergency rescue and recovery. not a significant energy action because (b) The following Table 49.11 it will not be likely to have a significant I 2. Add a new subpart A with the summarizes the new requirements for adverse effect on the supply, heading as shown above consisting of mine rescue teams contained in section distribution, or use of energy. existing §§ 49.1 through 49.9. 4 of the MINER Act.

TABLE 49.11.—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE RESCUE TEAMS

Type of mine rescue team Requirement Mine-site Composite Contract State-sponsored*

Team members must participate at least annually in two local YES ...... YES ...... YES ...... YES. mine rescue contests. Team members must participate in mine rescue training at Annually ...... Semi-annually ..... Quarterly at Large Annually. each mine covered by the mine rescue team. A portion of Mines; Semi- the training must be conducted underground. annually at Small Mines. Team must be available at the mine within 1 hour ground YES ...... YES ...... YES ...... YES. travel time from the mine rescue station. Team members must be knowledgeable about the operations YES ...... YES ...... YES ...... YES. and ventilation of each covered mine. Team must include at least two active employees from each ...... YES ...... covered large mine and at least one active employee from each covered small mine.

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TABLE 49.11.—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE RESCUE TEAMS—Continued

Type of mine rescue team Requirement Mine-site Composite Contract State-sponsored*

Team must be comprised of persons with a minimum of 3 ...... YES ...... years underground coal mine experience that shall have occurred within the 10-year period preceding their employ- ment on the contract mine rescue team. All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team that is either an individual mine-site mine rescue team or a com- posite team. * Note: Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1) inspecting under- ground mines for compliance with State safety laws or (2) training mine rescue teams or (3) other similar duties that would enhance their mine rescue knowledge may substitute their regular job experience for 50 percent of the training requirements (annual training which includes mine rescue contests and mine-site training) for non-State employee mine rescue team members.

§ 49.12 Availability of mine rescue teams. excavation of a new underground mine consideration for small and remote shall (a) Except where alternative entrance, or the re-opening of an be given where the total underground compliance is permitted for small and existing underground mine. employment of the operator’s mine and remote mines (§ 49.13), every operator (f) No mine served by a mine rescue any surrounding mine(s) within 1 hour of an underground mine shall: team shall be located more than 1 hour ground travel time of the operator’s (1) Establish at least two mine rescue ground travel time from the mine rescue mine is less than 36. teams which are available at all times station with which the rescue team is (b) An application for alternative when miners are underground; or associated. mine rescue capability shall be (2) Enter into an arrangement for mine (g) As used in this subpart, mine submitted to the District Manager for the rescue services which assures that at rescue teams shall be considered district in which the mine is located for least two mine rescue teams are available where teams are capable of review and approval. available at all times when miners are presenting themselves at the mine site(s) (c) Each application for an alternative underground. within a reasonable time after mine rescue capability shall contain: (b) Each mine rescue team shall notification of an occurrence which (1) The number of miners employed consist of five members and one might require their services. Rescue underground at the mine on each shift; alternate who are fully qualified, team members will be considered (2) The location of the designated trained, and equipped for providing available even though performing mine rescue station serving the mine; emergency mine rescue service. Mine regular work duties or in an off-duty (3) The total underground rescue teams for anthracite coal mines, capacity. The requirement that mine employment of mines within 1 hour which have no electrical equipment at rescue teams be available shall not ground travel time of the operator’s the face or working section, shall consist apply when teams are participating in mine; of at least three members per team and mine rescue contests or providing (4) The operator’s mine fire, ground, one alternate that may be shared services to another mine. and roof control history; between both teams. (h) Each operator of an underground (5) The operator’s established escape (c) To be considered for membership mine who provides rescue teams under and evacuation plan; on a mine rescue team, each person this section shall send the District (6) A statement by the operator must have been employed in an Manager a statement describing the evaluating the usefulness of additional underground mine for a minimum of 1 mine’s method of compliance with this refuge chambers to supplement those year within the past 5 years, except that subpart. The statement shall disclose which may exist; members of contract mine rescue teams whether the operator has independently (7) A statement by the operator as to shall have a minimum of 3 years provided mine rescue teams or entered the number of miners willing to serve underground coal mine experience that into an agreement for the services of on a mine rescue team; shall have occurred within the 10-year mine rescue teams. The name of the (8) The operator’s alternative plan for period preceding their employment on provider and the location of the services assuring that a suitable mine rescue the contract mine rescue team. For the shall be included in the statement. A capability is provided at all times when purpose of mine rescue work only, copy of the statement shall be posted at miners are underground; and miners who are employed on the surface the mine for the miners’ information. (9) Other relevant information about but work regularly underground shall Where a miners’ representative has been the operator’s mine which may be meet the experience requirement. The designated, the operator shall also requested by the District Manager. underground experience requirement is provide the representative with a copy (d) A copy of the operator’s waived for those miners on a mine of the statement. application shall be posted at the mine. rescue team on February 8, 2008. Where a miners’ representative has been (d) Each operator shall arrange, in § 49.13 Alternative mine rescue capability designated, the operator shall also advance, ground transportation for for small and remote mines. provide the representative with a copy rescue teams and equipment to the mine (a) If an underground mine is small of the application. or mines served. and remote, an operator may provide for (e) In determining whether to approve (e) The required rescue capability an alternative mine rescue capability an application for alternative shall be present at all existing consistent with statutory requirements. compliance, the District Manager shall underground mines, upon initial For the purposes of this subpart only, consider:

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(1) The individual circumstances of equipment. Mine rescue stations serving § 49.17 Physical requirements for mine the small and remote mine; underground anthracite coal mines, rescue team. (2) Comments submitted by, or on which have no electrical equipment at (a) Each member of a mine rescue behalf of, any affected miner; and the face or working section, shall have team shall be examined annually by a (3) Whether the alternative mine at least the amount of equipment physician who shall certify that each rescue plan provides a suitable rescue appropriate for the number of mine person is physically fit to perform mine capability at the operator’s mine. rescue team members. rescue and recovery work for prolonged (f) Where alternative compliance is (1) Twelve self-contained oxygen periods under strenuous conditions. approved by MSHA, the operator shall breathing apparatus, each with a The first such physical examination adopt the alternative plan and post a minimum of 2 hours capacity (approved shall be completed within 60 days prior copy of the approved plan (with by MSHA and NIOSH under 42 CFR to scheduled initial training. A team appropriate MSHA mine emergency part 84, subpart H), and any necessary member requiring corrective eyeglasses telephone numbers) at the mine for the equipment for testing such breathing will not be disqualified provided the miners’ information. Where a miners’ apparatus; eyeglasses can be worn securely within representative has been designated, the (2) A portable supply of liquid air, an approved facepiece. operator shall also provide the (b) In determining whether a miner is liquid oxygen, pressurized oxygen, representative with a copy of the physically capable of performing mine oxygen generating or carbon dioxide approved plan. rescue duties, the physician shall take (g) The operator shall notify the absorbent chemicals, as applicable to the following conditions into District Manager of any changed the supplied breathing apparatus and consideration: condition or factor materially affecting sufficient to sustain each team for 6 (1) Seizure disorder; information submitted in the hours while using the breathing (2) Perforated eardrum; application for alternative mine rescue apparatus during rescue operations; (3) Hearing loss without a hearing aid capability. (3) One extra oxygen bottle (fully greater than 40 decibels at 400, 1000, (h)(1) An approved plan for charged) for every six self-contained and 2000 Hz; alternative mine rescue capability shall compressed oxygen breathing apparatus; (4) Repeated blood pressure be subject to revocation or modification (4) One oxygen pump or a cascading (controlled or uncontrolled by for cause by MSHA, where it is system, compatible with the supplied medication) reading which exceeds 160 determined that a condition or factor breathing apparatus; systolic, or 100 diastolic, or which is has changed which would materially (5) Twelve permissible cap lamps and less than 105 systolic, or 60 diastolic; alter the operator’s mine rescue a charging rack; (5) Distant visual acuity (without glasses) less than 20/50 Snellen scale in capability. If such action is (6) Two gas detectors appropriate for contemplated, the operator will be one eye, and 20/70 in the other; each type of gas which may be (6) Heart disease; notified, and given an opportunity to be encountered at the mines served; (7) Hernia; heard before the appropriate District (7) Two oxygen indicators or two (8) Absence of a limb or hand; or Manager. flame safety lamps; (9) Any other condition which the (2) If an application for alternative (8) One portable mine rescue examining physician determines is compliance is denied or revoked, the communication system (approved under relevant to the question of whether the District Manager shall provide the part 23 of this chapter) or a sound- miner is fit for rescue team service. reason for such denial or revocation in powered communication system. The (c) The operator shall have MSHA writing to the operator. The operator wires or cable to the communication Form 5000–3 (available at http:// may appeal this decision in writing to system shall be of sufficient tensile www.msha.gov) certifying medical the Administrator for Coal Mine Safety strength to be used as a manual fitness completed and signed by the and Health. communication system. These examining physician for each member § 49.14 [Reserved] communication systems shall be at least of a mine rescue team. These forms shall 1,000 feet in length; and be kept on file at the mine rescue station § 49.15 Mine rescue station. (9) Necessary spare parts and tools for for a period of 1 year. (a) Every operator of an underground repairing the breathing apparatus and § 49.18 Training for mine rescue teams. mine shall designate, in advance, the communication system. location of the mine rescue station (a) Prior to serving on a mine rescue (b) Mine rescue apparatus and team each member shall complete, at a serving the mine. equipment shall be maintained in a (b) Mine rescue stations are to provide minimum, an initial 20-hour course of manner that will assure readiness for a centralized storage location for rescue instruction as prescribed by MSHA’s immediate use. A person trained in the equipment. This centralized storage Office of Educational Policy and use and care of breathing apparatus location may be either at the mine site, Development, in the use, care, and shall inspect and test the apparatus at affiliated mines, or a separate mine maintenance of the type of breathing intervals not exceeding 30 days and rescue structure. apparatus which will be used by the shall certify by signature and date that (c) Mine rescue stations shall provide mine rescue team. the inspections and tests were done. a proper storage environment to assure (b) Upon completion of the initial When the inspection indicates that a equipment readiness for immediate use. training, all team members shall receive (d) Authorized representatives of the corrective action is necessary, the at least 96 hours of refresher training Secretary shall have the right of entry to corrective action shall be made and the annually, which shall include inspect any designated mine rescue person shall record the corrective action participation in local mine rescue station. taken. The certification and the record contests and training at the covered of corrective action shall be maintained mine. Training shall be given at least 8 § 49.16 Equipment and maintenance at the mine rescue station for a period hours every 2 months and shall consist requirements. of 1 year and made available on request of: (a) Each mine rescue station shall be to an authorized representative of the (1) Sessions underground at least once provided with at least the following Secretary. each 6 months;

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(2) The wearing and use of the Manager by writing to the Administrator (3) Contract team. A mine rescue team breathing apparatus by team members for Coal Safety and Health. The that is provided by an arrangement with for a period of at least 2 hours while Administrator shall issue a decision on another coal mine or with a third party under oxygen every 2 months; the appeal. and whose members— (3) Where applicable, the use, care, (f) Upon request from the District (i) Are knowledgeable about the capabilities, and limitations of auxiliary Manager, the operator shall provide operations and ventilation of each mine rescue equipment, or a different information concerning the schedule of covered underground coal mine, and breathing apparatus; upcoming training. (ii) Participate in mine rescue training (4) Advanced mine rescue training (g) A record of training of each team at each covered large mine at least and procedures, as prescribed by member shall be on file at the mine quarterly and at each covered small MSHA’s Office of Educational Policy rescue station for a period of 1 year. mine at least semi-annually. and Development; § 49.19 Mine emergency notification plan. (4) State-sponsored team. Members (5) Mine map training and ventilation who are State employees and participate procedures; and (a) Each underground mine shall have in mine rescue training at each covered (6) The wearing of mine rescue a mine rescue notification plan mine at least annually. apparatus while in smoke, simulated outlining the procedures to follow in (c) For the purpose of mine rescue smoke, or an equivalent environment at notifying the mine rescue teams when team membership, a member employed least once during each 12-month period. there is an emergency that requires their by an operator of multiple mines is (c) A mine rescue team member will services. considered to be an employee of each be ineligible to serve on a team if more (b) A copy of the mine rescue mine at which the member regularly than 8 hours of training is missed notification plan shall be posted at the works. during 1 year, unless additional training mine for the miners’ information. Where (d) For the purpose of mine rescue is received to make up for the time a miners’ representative has been team training at each covered mine, a missed. designated, the operator shall also portion of the training must be (d) The training courses required by provide the representative with a copy conducted underground. this section shall be conducted by of the plan. instructors who have been employed in § 49.30 Requirements for small coal an underground mine and have had a § 49.20 Requirements for all coal mines. mines. minimum of 1 year experience as a mine (a) The operator of each underground At mines with 36 or fewer rescue team member or a mine rescue coal mine shall make available two underground employees, mine rescue instructor within the past 5 years, and certified mine rescue teams whose team members shall be knowledgeable who have received MSHA approval members— about the operations and ventilation of through: (1) Are familiar with the operations of each covered mine. (1) Completion of an MSHA or State the mine, and approved instructor’s training course (2) Participate at least annually in two § 49.40 Requirements for large coal mines. and the program of instruction in the local mine rescue contests. At mines with more than 36 subject matter to be taught. (b) Team members shall meet the underground employees, one of the two (2) Designation by the District following: certified mine rescue teams shall be an Manager as approved instructors to (1) Mine-site team. Members who individual mine-site team or a teach specific courses, based on their work at the mine and participate in composite team. qualifications and teaching experience mine rescue training at the mine at least outlined above. Previously approved annually. § 49.50 Certification of coal mine rescue instructors need not be re-designated to (2) Composite team. A mine rescue teams. teach the approved courses as long as team that covers multiple mines and (a) For each mine rescue team they have taught those courses within whose members— designated to provide mine rescue the 24 months prior to the effective date (i) Include at least two members from coverage at an underground coal mine, of this part. each covered large mine and at least one the mine operator shall send the District (e) The District Manager may revoke member from each covered small mine, Manager an annual statement certifying an instructor’s approval for good cause. (ii) Are knowledgeable about the that each team meets the requirements A written statement revoking the operations and ventilation of each of this subpart as listed in the following approval together with reasons for covered underground coal mine, and Table 49.50–A and Table 49.50–B. revocation shall be provided the (iii) Participate in mine rescue (b) The operator shall notify the instructor. The affected instructor may training at each covered mine at least District Manager within 60 days of any appeal the decision of the District semi-annually. change in team membership.

TABLE 49.50–A.—INITIAL CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS

Criteria Qualification (30 CFR)

(1) Team is available at all times when miners are underground ...... 49.12(a); 49.12(g) (2) Except where alternative compliance is permitted, team has five members and one alternate ...... 49.12(b) (3) Members have experience working in an underground coal mine ...... 49.12(c) (4) Team is available within 1-hour ground travel time from the mine rescue station to the mine ...... 49.12(f) (5) Appropriate mine rescue equipment is provided, inspected, tested, and maintained ...... 49.16 (6) Members are physically fit ...... 49.17 (7) Members have completed initial training ...... 49.18(a)

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TABLE 49.50–B.—ANNUAL CRITERIA TO MAINTAIN MINE RESCUE TEAM CERTIFICATION

Criteria Qualification (30 CFR)

(1) Members are properly trained annually ...... 49.18(b) (2) Members are familiar with the operations of each covered mine ...... 49.20(a)(1) (3) Members participate in at least two local mine rescue contests annually. Judges certify results ...... 49.20(a)(2) (4) Members participate in mine rescue training at each covered mine ...... 49.20(b)(1); 49.20(b)(2)(iii); 49.20(b)(3)(ii); 49.20(b)(4) (5) Members are knowledgeable about the operations and ventilation of each covered mine ...... 49.20(b)(2)(ii); 49.20(b)(3)(i); 49.30

§ 49.60 Requirements for a local mine (ii) Participate in a simulated mine (MERD) exercise or a practical rescue contest. rescue team exercise while being timed simulation exercise, such as a fire or (a) A local mine rescue contest is one and observed by trained judges who explosion drill, where the team that— evaluate the performance of each team participates in simulated mine rescue (1) Is conducted in the United States; and provide written feedback, and team exercises and wears breathing (2) Uses MSHA-recognized rules; (iii) Wear oxygen breathing apparatus apparatus. while participating in a simulated mine (3) Has a minimum of three mine rescue team exercise; and (c) Upon request from the District rescue teams competing; (6) Includes contest judges who have Manager, the operator shall provide (4) Has one or more problems completed annual training for mine information concerning each designated conducted on one or more days with a rescue contest judges. team’s schedule of participation in determined winner; (b) A local mine rescue contest is upcoming local mine rescue contests. (5) Includes team members who— training that provides an objective Appendix to Subpart B—Optional Form (i) Have the necessary equipment to evaluation of demonstrated mine rescue for Certifying Mine Rescue Teams participate in a simulated mine rescue team skills and can be a Mine team exercise, Emergency Response Development BILLING CODE 4510–43–P

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PART 75—[AMENDED] location of the mine escapeways, the (v) Establishing fresh air base; mine communications system, any mine (vi) Deploying mine rescue teams; I 5. The authority citation for part 75 monitoring system if used, locations of (vii) Providing for mine gas sampling continues to read as follows: firefighting equipment, the mine’s and analysis; Authority: 30 U.S.C. 811. Emergency Response Plan, the Mine Rescue Notification Plan, and the Mine (viii) Establishing security; I 6. Amend § 75.1501 by revising Emergency Evacuation and Firefighting (ix) Initiating an emergency mine paragraph (a) to read as follows: Program of Instruction. evacuation; § 75.1501 Emergency evacuations. (2) The responsible person shall be (x) Contacting emergency personnel; (a) For each shift that miners work trained annually in a course of and instruction in mine emergency underground, there shall be in (xi) Communicating appropriate response, as prescribed by MSHA’s attendance a responsible person information related to the emergency. designated by the mine operator to take Office of Educational Policy and (3) The operator shall certify by charge during mine emergencies Development. The course will include signature and date after each involving a fire, explosion, or gas or topics such as the following: responsible person has completed the water inundation. (i) Organizing a command center; (1) The responsible person shall have (ii) Coordinating firefighting training and keep the certification at the current knowledge of the assigned personnel; mine for 1 year. location and expected movements of (iii) Deploying firefighting equipment; * * * * * miners underground, the operation of (iv) Coordinating mine rescue [FR Doc. 08–551 Filed 2–5–08; 2:40 pm] the mine ventilation system, the personnel; BILLING CODE 4510–43–C

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Reader Aids Federal Register Vol. 73, No. 27 Friday, February 8, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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. 71...... 6424, 6425 Presidential Documents 3 CFR 91...... 7034 Executive orders and proclamations 741–6000 Proclamations: 97...... 6841, 7461 The United States Government Manual 741–6000 6867 (See Notice of 135...... 7034 February 6, 2008) ...... 7459 Other Services Proposed Rules: 7757 (See Notice of 39 ...... 6618, 6620, 6622, 6627, Electronic and on-line services (voice) 741–6020 February 6, 2008) ...... 7459 6629, 6631, 6634, 6636, Privacy Act Compilation 741–6064 8220...... 6831 6638, 6640, 7484, 7486, Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: 7488, 7489,7492,7494 TTY for the deaf-and-hard-of-hearing 741–6086 13396 (See Notice of 71 ...... 6056, 6057, 6058, 6060, February 5, 2008) ...... 7185 7228 ELECTRONIC RESEARCH 13457...... 6415 13458...... 7181 15 CFR World Wide Web Administrative Orders: 742...... 6603 Full text of the daily Federal Register, CFR and other publications Notices: 744...... 6603 is located at: http://www.gpoaccess.gov/nara/index.html Notice of February 6, 748...... 6603 2008 ...... 7459 774...... 6603 Federal Register information and research tools, including Public Presidential Inspection List, indexes, and links to GPO Access are located at: Determinations: 16 CFR http://www.archives.gov/federallregister No. 2008-8 of January 1633...... 6842 E-mail 22, 2008 ...... 6567 No. 2008-9 of January 17 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 28, 2008 ...... 6571 an open e-mail service that provides subscribers with a digital 200...... 7205 No. 2008-10 of 202...... 6011 form of the Federal Register Table of Contents. The digital form January 29, 2008 ...... 6569 of the Federal Register Table of Contents includes HTML and 230...... 6011 PDF links to the full text of each document. 5 CFR 240...... 6011 260...... 6011 To join or leave, go to http://listserv.access.gpo.gov and select 315...... 7187 270...... 6011 Online mailing list archives, FEDREGTOC-L, Join or leave the list 550...... 7188 Proposed Rules: (or change settings); then follow the instructions. 752...... 7187 210...... 7450 PENS (Public Law Electronic Notification Service) is an e-mail 892...... 7188 228...... 7450 service that notifies subscribers of recently enacted laws. 1201...... 6833 229...... 7450 1207...... 6833 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 249...... 7450 Proposed Rules: and select Join or leave the list (or change settings); then follow 300...... 6857 18 CFR the instructions. 40...... 7368 FEDREGTOC-L and PENS are mailing lists only. We cannot 7 CFR respond to specific inquiries. 246...... 6577 19 CFR 301...... 6577 Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: [email protected] 319...... 7189 4...... 6061 457...... 7190 The Federal Register staff cannot interpret specific documents or 12...... 6061 915...... 6834 regulations. 18...... 6061 932...... 7199 101...... 6061 Proposed Rules: 103...... 6061 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 1260...... 7226 113...... 6061 122...... 6061 6007–6418...... 1 9 CFR 6419–6570...... 4 123...... 6061 78...... 6007 141...... 6061 6571–6832...... 5 Proposed Rules: 143...... 6061 6833–7186...... 6 201...... 7482 149...... 6061 7187–7460...... 7 192...... 6061 7461–7656...... 8 12 CFR 201...... 7202 21 CFR 630...... 7461 347...... 6014 520...... 6607 14 CFR 522...... 6017 25...... 7203 558...... 6018 39 ...... 6008, 6419, 6578, 6582, 606...... 7463 6584, 6586, 6590, 6592, 607...... 7463 6594, 6596, 6598, 6601, 610...... 7463 6838 640...... 7463 61...... 7034 1312...... 6843

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Proposed Rules: 33 CFR 300...... 6613 262...... 6772 880...... 7498 110...... 6607 Proposed Rules: 263...... 6772 165...... 6610 52 ...... 6451, 6657, 7234, 7504 265...... 6772 24 CFR Proposed Rules: 70...... 7504 Proposed Rules: 100...... 6859 81...... 6863 46 CFR 5...... 7170 138...... 6642 180...... 6867 Proposed Rules: 165 ...... 6861, 7229, 7231 300...... 6659 401...... 6085 25 CFR 36 CFR 41 CFR 502...... 6019 47 CFR 1253...... 6030 102-42...... 7475 522...... 6019 Proposed Rules: 64...... 6041, 6444 559...... 6019 42 CFR 76...... 6043 573...... 6019 1190...... 6080 1191...... 6080 Proposed Rules: Proposed Rules: 400...... 6451 1...... 6879, 6888 26 CFR 38 CFR 405...... 6451 76...... 6099 1...... 7464 36...... 6294 410...... 6451 Proposed Rules: 412...... 6451 49 CFR 39 CFR 1...... 7503 413...... 6451 223...... 6370 20...... 6031 414...... 6451 238...... 6370 28 CFR 111...... 6032, 6033 488...... 6451 3020...... 6426 494...... 6451 Proposed Rules: 50 CFR Proposed Rules: 58...... 6062, 6447 43 CFR 3001...... 6081 622...... 7223 3130...... 6430 635...... 7479 30 CFR 40 CFR 679 ...... 6055, 7224, 7480 49...... 7636 52 ...... 6034, 6427, 7465, 7468 44 CFR Proposed Rules: 75...... 7636 63...... 7210 65...... 7476 17 ...... 6660, 6684, 7236, 7237 100...... 7206 70...... 7468 223...... 6895 Proposed Rules: 97...... 6034 45 CFR 226...... 6895 256...... 6073 180...... 6851, 7472 261...... 6772 665...... 6101

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REMINDERS Helicopters; published 1- Gulf of Alaska; comments Operation in the 2.3 GHz The items in this list were 24-08 due by 2-13-08; published Band: editorially compiled as an aid Standard Instrument Approach 2-1-08 [FR 08-00458] Digital Audio Radio Satellite to Federal Register users. Procedures, and Takeoff ENVIRONMENTAL Service in the 2310-2360 Inclusion or exclusion from Minimums and Obstacle PROTECTION AGENCY MHz Frequency Band; this list has no legal Departure Procedures; Administrative Cost Recovery comments due by 2-14- significance. Miscellaneous Amendments; Settlement: 08; published 1-15-08 [FR published 2-8-08 Columbia American Plating E8-00598] TREASURY DEPARTMENT Co. Site; comments due Radio Broadcasting Services: RULES GOING INTO by 2-14-08; published 1- Internal Revenue Service Elko, Nevada; comments EFFECT FEBRUARY 8, 15-08 [FR E8-00599] due by 2-11-08; published Time and Manner for Electing 2008 Air pollutants, hazardous; 1-9-08 [FR E8-00205] Capital Asset Treatment for national emission standards: Iola, Texas; comments due Certain Self-Created Musical Group I polymers and AGRICULTURE Works; published 2-8-08 by 2-11-08; published 1-9- DEPARTMENT resins, epoxy resins, non- 08 [FR E8-00204] nylon polyamides, etc.; Agricultural Marketing Linden, Tennessee; production; comments due RULES GOING INTO comments due by 2-11- Service by 2-11-08; published 12- EFFECT FEBRUARY 9, 08; published 1-14-08 [FR Olives Grown in California; 12-07 [FR E7-24076] 2008 E8-00458] Decreased Assessment Air Quality Implementation Rate; published 2-7-08 Plans; Approval and FEDERAL DEPOSIT ENVIRONMENTAL ENVIRONMENTAL Promulgation: INSURANCE CORPORATION PROTECTION AGENCY PROTECTION AGENCY Maryland; NOx and SO2 Fair and Accurate Credit Inert ingredients: Pesticides; tolerances in food, Emissions Limitations for Transactions Act; Denial of Pesticide Petitions, animal feeds, and raw Fifteen Coal-Fired Electric implementation: etc.; published 2-8-08 agricultural commodities: Generating Units; Fair credit reporting— Mono- and bis-(1H, 1H, 2H, comments due by 2-11- Information furnished to GENERAL SERVICES 08; published 1-10-08 [FR ADMINISTRATION 2H-perfluoroalkyl) consumer reporting phosphates; published 8- E8-00276] agencies; accuracy and Federal Management 9-06 Approval and Promulgation of integrity; enhancement Regulation; Change in Air Quality Implementation procedures; comments Consumer Price Index Tetrahydrofurfuryl alcohol; Plans: due by 2-11-08; Minimal Value; published 2- published 8-9-06 Indiana; comments due by published 12-13-07 [FR 8-08 2-14-08; published 1-15- E7-23549] HOMELAND SECURITY RULES GOING INTO 08 [FR E8-00440] FEDERAL RESERVE DEPARTMENT EFFECT FEBRUARY 10, Approval and Promulgation of SYSTEM Coast Guard 2008 Air Quality Implementation Plans; Fair and Accurate Credit Drawbridge Operation Transactions Act; Virginia; comments due by Regulations: COMMERCE DEPARTMENT implementation: Gulf Intracoastal Waterway, 2-13-08; published 1-14- National Oceanic and 08 [FR E8-00265] Fair credit reporting— Mile 131.8, Clearwater, Atmospheric Administration Information furnished to FL; published 1-9-08 Approval and Promulgation of Atlantic Highly Migratory Air Quality Implementation consumer reporting HOUSING AND URBAN Species: Plans: agencies; accuracy and DEVELOPMENT Atlantic Bluefin Tuna Virginia; comments due by integrity; enhancement DEPARTMENT Fisheries; published 2-8- 2-13-08; published 1-14- procedures; comments Manufactured Home Dispute 08 08 [FR E8-00290] due by 2-11-08; Resolution Program; Taking of marine mammals West Virginia; comments published 12-13-07 [FR published 5-14-07 incidental to commercial due by 2-13-08; published E7-23549] INTERIOR DEPARTMENT fishing operations; Atlantic 1-14-08 [FR E8-00263] FEDERAL TRADE Fish and Wildlife Service large whale take reduction Environmental Statements; COMMISSION Endangered and Threatened plan; published 2-11-08 Notice of Intent: Fair and Accurate Credit Wildlife and Plants: Coastal Nonpoint Pollution Transactions Act; Control Programs; States Monterey Spineflower; implementation: COMMENTS DUE NEXT and Territories— Critical Habitat Fair credit reporting— WEEK Florida and South Designation; published 1- Information furnished to Carolina; Open for 9-08 consumer reporting AGRICULTURE comments until further LABOR DEPARTMENT agencies; accuracy and DEPARTMENT notice; published 2-11- integrity; enhancement Mine Safety and Health Agricultural Marketing 08 [FR 08-00596] procedures; comments Administration Service Pesticides; tolerances in food, due by 2-11-08; Mine Rescue Teams; Spearmint oil produced in Far animal feeds, and raw published 12-13-07 [FR published 2-8-08 West; comments due by 2- agricultural commodities: E7-23549] Clethodim; comments due PERSONNEL MANAGEMENT 15-08; published 12-17-07 Industry guides: OFFICE [FR 07-06075] by 2-12-08; published 12- 14-07 [FR E7-24164] Environmental marketing Locality Pay Areas; published claims use— COMMERCE DEPARTMENT State Implementation Plans: 1-9-08 National Oceanic and California; comments due by Meetings; comments due TRANSPORTATION Atmospheric Administration 2-11-08; published 1-10- by 2-11-08; published DEPARTMENT Fisheries of the Exclusive 08 [FR E8-00171] 11-27-07 [FR E7-23007] Federal Aviation Economic Zone Off Alaska: FEDERAL HEALTH AND HUMAN Administration Shallow-Water Species COMMUNICATIONS SERVICES DEPARTMENT Airworthiness directives: Fishery by Amendment 80 COMMISSION Food and Drug Eurocopter France Model Vessels Subject to Operation of Wireless Administration SA332C, L, L1, and L2 Sideboard Limits in the Communications Services Food for human consumption:

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Cheese and related cheese LABOR DEPARTMENT TRANSPORTATION Fair credit reporting— products— Employee Benefits Security DEPARTMENT Information furnished to Ultrafiltered milk; Administration Federal Aviation consumer reporting Administration comments due by 2-11- Employee Retirement Income agencies; accuracy and 08; published 12-11-07 Security Act: Airworthiness directives: integrity; enhancement [FR E7-23981] procedures; comments Reasonable contract or Airbus Model A310 Series Food labeling— due by 2-11-08; arrangement; fee Airplanes and A300-600 Series Airplanes; published 12-13-07 [FR Alpha-linolenic acid, disclosure; comments due E7-23549] eicosapentaenoic acid, by 2-11-08; published 12- comments due by 2-13- and docosahexaenoic 13-07 [FR E7-24064] 08; published 1-14-08 [FR TREASURY DEPARTMENT E8-00380] acid omega-3 fatty Internal Revenue Service acids; nutrient content LABOR DEPARTMENT Airbus Model A318, A319, claims; comments due Apprenticeship programs A320, and A321 Income taxes: by 2-11-08; published registration; labor standards; Airplanes; comments due Corporate reorganizations 11-27-07 [FR E7-22991] comments due by 2-11-08; by 2-13-08; published 1- and tax-free liquidations; published 12-13-07 [FR E7- 14-08 [FR E8-00383] HEALTH AND HUMAN accounting method 24178] SERVICES DEPARTMENT Airworthiness directives: changes; comments due LIBRARY OF CONGRESS Boeing; comments due by by 2-14-08; published 11- Health Resources and 16-07 [FR E7-22411] Services Administration Copyright Office, Library of 2-15-08; published 12-17- 07 [FR E7-24334] Tax-exempt entities not Rural Health Grant Program; Congress Airworthiness directives: currently required to file; State Offices; comments Copyright office and notification requirement; Bombardier Model CL 600 due by 2-14-08; published procedures: comments due by 2-13- 2B19 (Regional Jet Series 1-15-08 [FR E8-00551] 08; published 11-15-07 Cable system definition; 100 & 440) Airplanes; HOMELAND SECURITY [FR E7-22280] comments due by 2-11- comments due by 2-11- DEPARTMENT 08; published 12-12-07 08; published 1-10-08 [FR TREASURY DEPARTMENT Federal Emergency [FR E7-24079] E8-00250] Thrift Supervision Office Management Agency NATIONAL CREDIT UNION Fokker Model F27 Mark 050 Proposed Flood Elevation ADMINISTRATION and Model 050 and Model Fair and Accurate Credit Determinations; Correction; F.28 Mark 0100; Transactions Act; Fair and Accurate Credit implementation: comments due by 2-15-08; Transactions Act; comments due by 2-11- published 1-16-08 [FR E8- implementation: 08; published 1-10-08 [FR Fair credit reporting— 00721] E8-00252] Fair credit reporting— Information furnished to HOMELAND SECURITY Saab Model SAAB Fairchild consumer reporting DEPARTMENT Information furnished to SF340A (SAAB/SF340A) agencies; accuracy and consumer reporting and SAAB 340B Nondiscrimination in Matters integrity; enhancement agencies; accuracy and Airplanes; comments due Pertaining to Faith-Based procedures; comments integrity; enhancement by 2-13-08; published 1- Organizations; comments due by 2-11-08; procedures; comments 14-08 [FR E8-00375] published 12-13-07 [FR due by 2-13-08; published due by 2-11-08; Airworthiness standards: E7-23549] 1-14-08 [FR E8-00463] published 12-13-07 [FR INTERIOR DEPARTMENT E7-23549] Special conditions— Bell Helicopter Textron Land Management Bureau OFFICE OF THE DIRECTOR LIST OF PUBLIC LAWS OF NATIONAL Canada Ltd. Model 429 Land resource management: INTELLIGENCE helicopters; comments Rights-of-way— due by 2-11-08; This is a continuing list of National Intelligence, Office published 12-28-07 [FR public bills from the current Linear right-of-way rent of the Director E7-25143] session of Congress which schedule; update; have become Federal laws. It Privacy Act Regulations; Petitions for Exemption; comments due by 2-11- may be used in conjunction comments due by 2-11-08; Summary of Petitions 08; published 12-11-07 with ‘‘PLUS’’ (Public Laws published 1-2-08 [FR E7- Received; comments due by [FR E7-23551] Update Service) on 202–741– 25331] 2-11-08; published 2-6-08 6043. This list is also INTERIOR DEPARTMENT [FR E8-02261] SMALL BUSINESS available online at http:// Fish and Wildlife Service ADMINISTRATION TRANSPORTATION www.archives.gov/federal- Endangered and threatened Seals and insignia; comments DEPARTMENT register/laws.html. species: due by 2-11-08; published Federal Motor Carrier Safety The text of laws is not Critical habitat 1-11-08 [FR E8-00338] Administration published in the Federal designations— Motor carrier safety standards: SOCIAL SECURITY Register but may be ordered Salt Creek tiger beetle; ADMINISTRATION Drivers’ hours of service— in ‘‘slip law’’ (individual comments due by 2-11- Social security benefits: On-duty driving time pamphlet) form from the 08; published 12-12-07 adjustments; comments Superintendent of Documents, Federal old age, survivors, [FR 07-05980] due by 2-15-08; U.S. Government Printing and disability insurance— INTERIOR DEPARTMENT published 12-17-07 [FR Office, Washington, DC 20402 Digestive disorders; E7-24238] (phone, 202–512–1808). The Surface Mining Reclamation medical criteria for text will also be made TREASURY DEPARTMENT and Enforcement Office evaluating functional available on the Internet from New Mexico Regulatory limitations; comments Comptroller of the Currency GPO Access at http:// Program; comments due by due by 2-11-08; Fair and Accurate Credit www.gpoaccess.gov/plaws/ 2-11-08; published 1-11-08 published 12-12-07 [FR Transactions Act; index.html. Some laws may [FR E8-00359] E7-24061] implementation: not yet be available.

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S. 2110/P.L. 110–184 enacted public laws. To PENS cannot respond to subscribe, go to http:// specific inquiries sent to this To designate the facility of the Public Laws Electronic United States Postal Service listserv.gsa.gov/archives/ address. located at 427 North Street in Notification Service publaws-l.html (PENS) Taft, California, as the ‘‘Larry Note: This service is strictly S. Pierce Post Office’’. (Feb. for E-mail notification of new 6, 2008; 122 Stat. 612) PENS is a free electronic mail laws. The text of laws is not Last List February 7, 2008 notification service of newly available through this service.

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