Notices. Notice to delete two systems of records

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BILLING CODE 5001-06-M DEPARTMENT OF DEFENSE Department of Navy Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to delete two systems of records. SUMMARY: The Department of the Navy is deleting two systems of records in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on June 20, 2007 unless comments are received which result in a contrary determination.

ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at

(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The Department of Navy proposes to delete two systems of records notice from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection

(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of new or altered systems reports. Dated: May 15, 2007. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. N01740-2 System name: Federal Housing Administration Mortgage Insurance System (February 22, 1993, 58 FR 10721). Reason: Program was disestablished. N12300-1 System name: Employee Assistance Program Case Record System (February 22, 1993, 58 FR 10819). Reason: Record system is no longer in use since OPM stopped their mandatory reporting requirement in the mid-1990s. [FR Doc. E7-9675 Filed 5-18-07; 8:45 am] BILLING CODE 5001-06-P DEFENSE NUCLEAR FACILITIES SAFETY BOARD FOIA Fee Schedule Update AGENCY: Defense Nuclear Facilities Safety Board. ACTION: Notice. SUMMARY: The Defense Nuclear Facilities Safety Board is publishing its annual update to the Freedom of Information Act

(FOIA)Fee Schedule pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations. EFFECTIVE DATE: May 10, 2007. FOR FURTHER INFORMATION CONTACT: Brian Grosner, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901,

(202)694-7060. SUPPLEMENTARY INFORMATION: The FOIA requires each Federal agency covered by the Act to specify a schedule of fees applicable to processing of requests for agency records. 5 U.S.C. 552(a)(4)(A)(i). On March 15, 1991, the Board published for comment in the **Federal Register** its proposed FOIA Fee Schedule. 56 FR 11114. No comments were received in response to that notice, and the Board issued a final Fee Schedule on May 6, 1991. Pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations, the Board's General Manager will update the FOIA Fee Schedule once every 12 months. Previous Fee Schedule updates were published in the **Federal Register** and went into effect, most recently, on May 1, 2006, 71 FR 19718. Board Action Accordingly, the Board issues the following schedule of updated fees for services performed in response to FOIA requests: Defense Nuclear Facilities Safety Board Schedule of Fees for FOIA Services [Implementing 10 CFR 1703.107(b)(6)] Search or Review Charge $72.00 per hour. Copy Charge (paper) $.08 per page, if done in-house, or generally available commercial rate (approximately $.10 per page). Electronic Media $5.00. Copy Charge (audio cassette) $3.00 per cassette. Duplication of DVD $25.00 for each individual DVD; $16.50 for each additional individual DVD. Copy Charge for large documents ( *e.g.* , maps, diagrams) Actual commercial rates. Dated: May 9, 2007. Debra H. Richardson, Deputy General Manager. [FR Doc. E7-9665 Filed 5-18-07; 8:45 am] BILLING CODE 3670-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before July 20, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:

(1)Is this collection necessary to the proper functions of the Department;

(2)will this information be processed and used in a timely manner;

(3)is the estimate of burden accurate;

(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: May 14, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. National Institute for Literacy *Type of Review:* New. *Title:* LINCS Professional Development Mapping Survey. *Frequency:* One time. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 100. *Burden Hours:* 63. *Abstract:* The LINCS Professional Development Mapping Survey will gather information about existing practices, approaches and delivery systems for the professional development of adult education practitioners and volunteers in the states. The LINCS Professional Development Mapping process includes surveying state-level staff to gather information about what professional development opportunities are provided for practitioners; this information will be useful in order to improve the services of the Institute. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3344. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E7-9655 Filed 5-18-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; List of Correspondence AGENCY: Department of Education. ACTION: List of Correspondence from July 1, 2006 through September 30, 2006. SUMMARY: The Secretary is publishing the following list pursuant to section 607(f) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). Under section 607(f) of IDEA, the Secretary is required, on a quarterly basis, to publish in the **Federal Register** a list of correspondence from the U.S. Department of Education (Department) received by individuals during the previous quarter that describes the interpretations of the Department of IDEA or the regulations that implement IDEA. FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds. Telephone:

(202)245-7468. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(LEAs)and a State educational agency's responsibilities to ensure that its LEAs comply with these requirements. *OTHER LETTERS NOT DIRECTLY RELATED TO IDEA OR THE IDEA REGULATIONS BUT THAT MAY BE OF INTEREST TO THE PUBLIC* Topic Addressed: Highly Qualified Teachers ○ Letter dated September 5, 2006 to Chief State School Officers, regarding efforts to ensure that all core academic subjects are taught by highly qualified and effective teachers and asking States to restrict the use of High Objective Uniform State Standard of Evaluation (HOUSSE) procedures to certain situations. Topic Addressed: Confidentiality of Education Records ○ Letter dated February 2, 2006 to Pennsylvania Department of Education Assistant Counsel Karen S. Feuchtenberger, from Family Policy Compliance Office Director LeRoy S. Rooker, regarding whether, under the Family Educational Rights and Privacy Act, a charter school may disclose certain personally identifiable information from the education records of a child with a disability, in the absence of parent consent, to the child's school district of residence in order to obtain an additional State subsidy for children with disabilities receiving special education and related services at the charter school. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)245-7468. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of this notice in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the contact persons listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: The following list identifies correspondence from the Department issued from October 1, 2006 through December 31, 2006. Included on the list are those letters that contain interpretations of the requirements of IDEA and its implementing regulations, as well as letters and other documents that the Department believes will assist the public in understanding the requirements of the law and its regulations. The date of and topic addressed by a letter are identified, and summary information is also provided, as appropriate. To protect the privacy interests of the individual or individuals involved, personally identifiable information has been deleted, as appropriate. Part B—Assistance for Education of All Children With Disabilities Section 611—Authorization; Allotment; Use of Funds; Authorization of Appropriations Topic Addressed: Allotment ○ Letter dated November 20, 2006 to Washington, DC attorney Leigh Manasevit, regarding the reallocation of high cost funds that were not expended before the last year of availability. Section 612—State Eligibility Topic Addressed: Free Appropriate Public Education ○ Letter dated December 22, 2006 to National Association of Public Health Systems Executive Director Mark Covall, regarding the obligation to ensure that a free appropriate public education is available to children with disabilities who are placed by a non-educational public agency in a public or private residential program and clarifying that determining the specific school district or local educational agency responsible for the cost of that residential placement is a matter of State law, policy or practice. Topic Addressed: Confidentiality of Education Records. cir; Letter dated October 13, 2006 to Texas Education Agency General Counsel David A. Anderson, regarding confidentiality issues raised by IDEA and the Family Educational Rights and Privacy Act related to the public dissemination of special education due process hearing decisions. Topic Addressed: Children With Disabilities Enrolled by Their Parents in Private Schools. ○ Letter dated December 1, 2006 to U.S. Representative Christopher Smith, regarding the applicability of equitable participation requirements to children with disabilities ages three through five enrolled by their parents in private schools or facilities. Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements Topic Addressed: Evaluations and Reevaluations ○ Letter dated October 19, 2006 to National Association of School Psychologists Executive Director Susan Gorin, regarding the role of school psychologists in administering assessments and the regulatory changes in procedures for evaluating children suspected of having learning disabilities Topic Addressed: Individualized Education Programs ○ Letter dated October 19, 2006 to TASH Executive Director Barbara Trader, clarifying that the IDEA, while requiring the individualized education program team (IEP Team) to consider the use of positive behavioral interventions and supports, does not include a prohibition on the use of aversive behavioral interventions and that the decision whether to allow IEP Teams to consider the use of such interventions is a decision left to each State. Topic Addressed: Educational Placements ○ Letter dated November 3, 2006 to Iowa Bureau of Children, Family, and Community Services Chief Lana Michelson, regarding the educational placement of students, including students with disabilities, who are required to register as sex offenders under State law. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . (Catalog of Federal Domestic Assistance Number 84.027, Assistance to States for Education of Children with Disabilities) Dated: May 15, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-9750 Filed 5-18-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL07-1-000] California Independent System Operator Corporation; Notice of Filing May 10, 2007. Take notice that on April 16, 2007 the California Independent System Operator Corporation filed a compliance filing, pursuant to Rules 213 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, 18 CFR 385.213 and the Commission's Order issued October 25, 2006. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on May 31, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-9681 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-445-000] El Paso Natural Gas Company; Notice of Petition for Declaratory Order May 11, 2007. Take notice that on May 8, 2007, El Paso Natural Gas Company (El Paso) filed a petition for declaratory order pursuant to Rule 207 of the Commission's Rules and Regulations (18 CFR 385.207), declaring that El Paso's tariff does not permit prior period adjustments for measurement and invoicing errors occurring more than six months prior to the date that UNS Gas Inc.

(UNS)disputed transportation invoices, and finding specifically that any erroneous invoices were not the result of a mutual mistake of fact. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Intervention and Protest Date:* 5 p.m. Eastern Time, May 30, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-9680 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER07-649-000] El Segundo Power II LLC; Notice of Issuance of Order May 15, 2007. El Segundo Power II LLC (El Segundo) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed market-based rate schedule provides for the sale of energy, capacity and ancillary services at market-based rates. El Segundo also requested waivers of various Commission regulations. In particular, El Segundo requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by El Segundo. On May 11, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by El Segundo should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing protests is June 11, 2007. Absent a request to be heard in opposition to such blanket approvals by the deadline above, El Segundo is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of El Segundo, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of El Segundo's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E7-9677 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator or Foreign Utility Company Status May 11, 2007. Docket Nos. North Wind Cooperative EG07-36-000 Besicorp-Empire Power Company, LLC EG07-37-000 Post Oak Wind, LLC EG07-38-000 Bullard Energy Center, LLC EG07-39-000 Diablo Winds, LLC EG07-40-000 Panoche Energy Center, LLC FC07-7-000 Spectra Energy Corporation & Union Gas Limited FC07-8-000 AES TEG/TEP Holding B.V FC07-9-000 Airtricity Holdings Ltd. FC07-10-000 Generadora Montecristo S.A., Enel Guatemala S.A FC07-11-000 Take notice that during the month of April 2007, the status of the above-captioned entities as Exempt Wholesale Generators or Foreign Utility Companies became effective by operation of the Commission's regulations. 18 CFR 366.7(a). Kimberly D. Bose, Secretary. [FR Doc. E7-9684 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12767-001] Rainier Engineering and Environmental, LLC; Notice Rejecting Filing May 11, 2007. On March 20, 2007, Commission staff rejected the application, filed November 13, 2006, by Rainier Engineering and Environmental, LLC (Rainer) for a preliminary permit under section 4(f) of the Federal Power Act 1 to study the proposed Tapps Lake Dam Hydroelectric Project No. 12767, to be located at Puget Sound Energy, Inc.'s Lake Tapps Dam on the White River in Sumner, Pierce County, Washington. The application was rejected for failure to include a readable map showing a project boundary enclosing all proposed project facilities. 2 On April 19, 2007, Rainier requested rehearing of the Commission's decision to reject their application. 1 16 U.S.C. 797(f) (2000). 2 See 18 CFR 4.81(d) (2006). By letter issued January 18, 2007, Commission staff notified Rainer of the deficiency in its application and gave Rainer 45 days to file an appropriate map to cure the deficiency. Rainier timely filed additional maps on February 28, 2007. However, Commission staff's March 20, 2007 letter found that the newly-submitted maps also failed to meet the requirements of section 4.81(d). Rainer does not attribute any errors to staff's rejection of its application, but instead proffers assertedly appropriate maps to cure its application's deficiency and requests reconsideration of its application in light of its new submission. Section 313(a) of the Federal Power Act, 16 U.S.C. 825 *l* , requires an aggrieved party to file its request for rehearing within 30 days after the issuance of the Commission order and to set forth specifically the ground or grounds upon which such request is based. Rainier's rehearing request raises no specific allegations of error with respect to the staff's order. Therefore, it must be rejected. 3 3 In addition, the pleading as filed is deficient because it failed to include a Statement of Issues, as required by Revision of Rules of Practice and Procedure Regarding Issue Identification, Order No. 663, 70 FR 55,723 (September 23, 2005), FERC Statutes and Regulations ¶ 31,193

(2005)as amended by Order 663-A, effective March 23, 2006, to limit its applicability to rehearing requests. Revision of Rules of Practice and Procedure Regarding Issue Identification, Order No. 663-A, 71 FR 14,640 (March 23, 2006), FERC Statutes and Regulations ¶ 31,211

(2006)(codified at 18 CFR 385.203(a)(7) and 385.713(c)(2) (2006)). In any event, the submission of additional factual evidence in a request for rehearing is contrary to Commission policy, 4 so Rainier's newly-submitted maps would not have been accepted to reverse staff's rejection of the application. 5 It appears moreover that Rainier late filed 6 its permit application 7 in competition with the preliminary permit application filed by Don L. Hansen in Project No. 12685. 4 *See* , *e.g.* , Northeast Hydrodevelopment Corporation, 42 FERC ¶ 61,066 n. 6

(1988)(the Commission does not consider information an applicant submits on rehearing of staff's dismissal of the application, since the issue before the Commission is whether the staff's dismissal was appropriate). See also, *e.g.* , Koch Gateway Pipeline Company, 75 FERC ¶ 61,132 at 61,456

(1996)(explaining general policy against receipt of additional information on rehearing). 5 Furthermore, the new maps did not cure the deficiencies in Rainier's permit application in that they do not include a project boundary that encloses all project features, including the reservoir, and they do not delineate all project features, including the project's dam, intake structure, and transmission line, as section 4.81(d) of the Commission's regulations requires. 6 The August 10, 2006 notice of Mr. Hanson's application required the filing of competing permit applications by 30 days following October 10, 2006, i.e., by Thursday, November 9, 2006. Rainier filed its competing application after business hours on November 9, 2006. Under 18 CFR 385.2001(c)(2) (2006), any document received after regular business hours is considered filed on the next business day. Since Friday, November 10, 2006, was a holiday, the next business day was Monday, November 13, 2006. 7 Finally, Rainier filed its application electronically, which is prohibited by 18 CFR 385.2003(c)(1)(i) (2006), since preliminary permit applications are not included among the documents that are qualified for electronic filing. This notice constitutes final agency action. Request for rehearing this rejection notice must be filed within 30 days of the date of issuance of this notice, pursuant to 18 CFR 385.713 (2006). Kimberly D. Bose, Secretary. [FR Doc. E7-9682 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-208-000] Rockies Express Pipeline LLC; Notice of Application May 14, 2007. Take notice that on April 30, 2007, Rockies Express Pipeline LLC (Rockies Express), 370 Van Gordon Street, Lakewood, Colorado 80228, filed an application in Docket No. CP07-208-000, pursuant to section 7(c) of the Natural Gas Act

(NGA)and Part 157 of the Commission's regulations requesting a certificate of public convenience and necessity to construct certain pipeline facilities, referred to as the REX-East Project, to extend Rockies Express' certificated system eastward from its terminus in Audrain County, Missouri to Monroe County, Ohio and to increase the transportation capacity of its system from 1,500,000 Dth per day to 1,800,000 Dth per day, all as more fully set forth in the application which is on file with the Commission and open for public inspection. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at (866)208-3676, or for TTY, contact

(202)502-8659. Specifically, Rockies Express requests authorization to construct:

(1)638 miles of 42-inch pipeline in Audrain, Ralls, and Pike Counties, Missouri; Pike, Scott, Morgan, Sangamon, Christian, Macon, Moultrie, Douglas and Edgar Counties, Illinois; Vermillion, Parke, Putnam, Hendricks, Morgan, Johnson, Shelby, Decatur, and Franklin Counties, Indiana; and Butler, Warren, Clinton, Greene, Fayette, Pickaway, Fairfield, Perry, Morgan, Muskingum, Guernsey, Noble, Belmont, and Monroe Counties, Ohio; and

(2)a total of approximately 236,000 horsepower of compression at seven new compressor stations in Carbon County, Wyoming; Phelps County, Nebraska; Audrain County, Missouri; Christian County, Illinois; Putnam County, Indiana; Butler County, Ohio; and Muskingum County, Ohio. The cost of the project is approximately $2.2 billion. Rockies Express proposes to establish a new rate zone—Zone 3—consisting of all facilities located east of the terminus of Rockies Express' certificated facilities in Audrain County, Missouri. Further, Rockies Express requests a determination of rolled-in rate treatment for certain compression facilities located in existing Zone 1 and Zone 2. Any questions regarding this application should be directed to Robert F. Harrington, Vice President—Regulatory, Rockies Express Pipeline LLC, P.O. Box 281304, Lakewood, Colorado 80228-8304, phone (303)763-3581. On June 13, 2006, the Commission staff granted Rockies Express' request to utilize the Commission's Pre-Filing Process and assigned Docket No. PF06-30-000 to staff activities involving the Rockies Express REX-East Project. Now, as of the filing of Rockies Express' application on April 30, 2007, the Pre-Filing Process for this project has ended. From this time forward, Rockies Express' proceeding will be conducted in Docket No. CP07-208-000, as noted in the caption of this Notice. Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: complete its environmental assessment

(EA)and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement

(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify Federal and State agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all Federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* June 4, 2007. Philis J. Posey, Deputy Secretary. [FR Doc. E7-9663 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 May 15, 2007. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC07-88-000. *Applicants:* Entergy Gulf States, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Texas, Inc. *Description:* Application of Entergy Gulf States, Inc, Entergy Gulf States Louisiana, LLC, & Entergy Texas, Inc for authorization to transfer wholesale tariffs & rate schedules. *Filed Date:* 05/11/2007. *Accession Number:* 20070514-0092. *Comment Date:* 5 p.m. Eastern Time on Friday, June 01, 2007. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER04-925-016. *Applicants:* Merrill Lynch Commodities, Inc. *Description:* Merrill Lynch Commodities, Inc informs FERC of a non-material change in characteristics in granting MLCI market-based rate authorization. *Filed Date:* 04/30/2007. *Accession Number:* 20070507-0207. *Comment Date:* 5 p.m. Eastern Time on Monday, May 21, 2007. *Docket Numbers:* ER07-520-003. *Applicants:* Midwest Independent Transmission System operator, Inc. *Description:* Midwest ISO submits a complete clean version and the redlined coversheet of their Amended Interconnection Agreement with City of Lebanon, Ohio. *Filed Date:* 05/10/2007. *Accession Number:* 20070511-0356. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 31, 2007. *Docket Numbers:* ER07-634-001. *Applicants:* American Electric Power Service Corporation. *Description:* AEP Eastern Operating Companies submit an executed copy of the Third Amended Agreement in compliance with the Commission's 4/25/07 letter order. *Filed Date:* 05/09/2007. *Accession Number:* 20070511-0358. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-864-000. *Applicants:* Westar Energy, Inc. *Description:* Westar Energy, Inc submits First Revised Sheet 172 *et al.* to their Open Access Transmission Tariff. *Filed Date:* 05/04/2007. *Accession Number:* 20070508-0282. *Comment Date:* 5 p.m. Eastern Time on Friday, May 25, 2007. *Docket Numbers:* ER07-870-000. *Applicants:* Oncor Electric Delivery Company. *Description:* Oncor Electric Delivery Company submits Notice of Succession to change its name from TXU Electric Delivery Co under FERC Electric Tariff, Nineth Revised Volume No. 1. *Filed Date:* 05/08/2007. *Accession Number:* 20070510-0175. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 29, 2007. *Docket Numbers:* ER07-871-000. *Applicants:* Cleco Power LLC. *Description:* Cleco Power LLC submits a revised Service Agreement for Network Integration Transmission Service with Louisiana Generating LLC. *Filed Date:* 05/08/2007. *Accession Number:* 20070511-0126. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 29, 2007. *Docket Numbers:* ER07-872-000. *Applicants:* Southern California Edison Company. *Description:* Southern California Edison submits First Revised Sheet No. 2 et al to FERC Electric Tariff, First Revised Volume No. 5 to be effective 7/8/07. *Filed Date:* 05/09/2007. *Accession Number:* 20070511-0127. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-873-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits Eighth Revised Sheet No. 24 et al to FERC Electric Tariff, Sixth Revised Volume No. 1, effective 7/1/07. *Filed Date:* 05/09/2007. *Accession Number:* 20070511-0128. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-874-000. *Applicants:* Rainbow Energy Ventures LLC. *Description:* Rainbow Energy Ventures LLC requests that FERC accept its proposed FERC Electric Tariff, Original Volume No. 1 etc. *Filed Date:* 05/09/2007. *Accession Number:* 20070511-0129. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-875-000. *Applicants:* Peetz Table Wind Energy, LLC. *Description:* Peetz Table Wind Energy, LLC's request for authorization to sell energy and capacity at market-based rates, and waiver of the 60-day notice requirement. *Filed Date:* 05/09/2007. *Accession Number:* 20070511-0362. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-876-000. *Applicants:* Chevron Coalinga Energy Company. *Description:* Texaco Natural Gas, Inc notifies FERC that Chevron Coalinga Energy Co is the successor to their electric power marketing function. *Filed Date:* 05/09/2007. *Accession Number:* 20070511-0359. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-877-000. *Applicants:* WSPP Inc. *Description:* WSPP, Inc requests the Commission to amend the WSPP Agreement to include Grays Harbor Energy, LLC *et al.* as members and submits revisions to reflect the name change and transfer of interest in the WSPP Agreement. *Filed Date:* 05/09/2007. *Accession Number:* 20070511-0360. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-878-000. *Applicants:* Atlantic City Electric Company. *Description:* Atlantic City Company submits an executed interconnection agreement between itself and the City of Vineland, New Jersey. *Filed Date:* 05/10/2007. *Accession Number:* 20070511-0364. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 31, 2007. *Docket Numbers:* ER07-879-000. *Applicants:* Louisville Gas and Electric Company, Kentucky Utilities Company. *Description:* Louisville Gas and Electric Co *et al.* submits a service agreement under the LG&E/KU Tariff for Cost-Based Sales of Capacity and Energy with Indiana Municipal Power Agency etc. *Filed Date:* 05/10/2007. *Accession Number:* 20070511-0357. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 31, 2007. *Docket Numbers:* ER07-880-000. *Applicants:* Deseret Generation & Transmission Co-op. *Description:* Deseret Generation & Transmission Co-operative, Inc submits the six agreements related to transmission and delivery service to PacifiCorp under its Open Access Transmission Tariff. *Filed Date:* 05/10/2007. *Accession Number:* 20070511-0363. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 31, 2007. *Docket Numbers:* ER07-881-000. *Applicants:* Alliant Energy Corporate Services, Inc. *Description:* Alliant Energy Corporate Services, Inc on behalf of Interstate Power & Light Co *et al.* submits revised tariff sheets relating to its system coordination and operating agreement. *Filed Date:* 05/10/2007. *Accession Number:* 20070514-0103. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 31, 2007. *Docket Numbers:* ER07-882-000. *Applicants:* PacifiCorp. *Description:* PacifiCorp submits notice of termination of agreement for use of transmission capacity among Pacific Power & Light Co *et al.* *Filed Date:* 05/10/2007. *Accession Number:* 20070514-0101. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 31, 2007. *Docket Numbers:* ER07-883-000. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc submits an executed Network Integration Transmission Service Agreement with Kansas City Power and Light Co. *Filed Date:* 05/11/2007. *Accession Number:* 20070514-0095. *Comment Date:* 5 p.m. Eastern Time on Friday, June 01, 2007. *Docket Numbers:* ER07-884-000. *Applicants:* Entergy Gulf States, Inc. *Description:* Entergy Gulf States, Inc submits Notices of Cancellation of Rate Schedule FERC 114 *et al.* *Filed Date:* 05/11/2007. *Accession Number:* 20070514-0096. *Comment Date:* 5 p.m. Eastern Time on Friday, June 01, 2007. *Docket Numbers:* ER07-885-000. *Applicants:* Midwest Independent Transmission System. *Description:* Midwest ISO submits its proposed revisions to its Open Access Transmission and Energy Markets. *Filed Date:* 05/11/2007. *Accession Number:* 20070514-0097. *Comment Date:* 5 p.m. Eastern Time on Friday, June 01, 2007. *Docket Numbers:* ER07-886-000. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc submits an executed Network Integration Transmission Service Agreement with Kansas Electric Power Cooperative, Inc. *Filed Date:* 05/11/2007. *Accession Number:* 20070514-0100. *Comment Date:* 5 p.m. Eastern Time on Friday, June 01, 2007. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* . or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E7-9679 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 May 11, 2007. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC07-86-000. *Applicants:* PurEnergy Caledonia, LLC; Caledonia Generating, LLC. *Description:* PurEnergy Caledonia, LLC and Caledonia Generating, LLC submits an Application for Authorization under section 203 of the FPA. *Filed Date:* 05/04/2007. *Accession Number:* 20070510-0166. *Comment Date:* 5 p.m. Eastern Time on Friday, May 25, 2007. *Docket Numbers:* EC07-87-000. Applicants: Oncor Electric Delivery Company; TXU Portfolio Management Company LP; Texas Energy Future Holdings Limited Partnership. *Description:* Oncor Electric Delivery Company, *et al.* submit a joint application for authorization under section 203 of the FPA for Disposition of Jurisdictional Facilities and request for blanket authorization. *Filed Date:* 05/04/2007. *Accession Number:* 20070510-0168. *Comment Date:* 5 p.m. Eastern Time on Monday, June 18, 2007. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG07-49-000. *Applicants:* Sweetwater Wind 4 LLC. *Description:* Sweetwater Wind 4 LLC submits notice of self-certification of its status as an exempt wholesale generator. *Filed Date:* 05/02/2007. *Accession Number:* 20070507-0208. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 23, 2007. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER95-1528-016; ER96-1088-043; ER01-2659-010; ER02-2199-008; ER03-54-008; ER07-585-002; ER03-56-008; ER96-1858-021; ER03-674-010; ER99-1936-009; ER01-1114-009; ER97-2758-016; ER05-89-009. *Applicants:* Wisconsin Public Service Corporation; WPS Power Development, LLC and WPS Energy Services, Inc.; Combined Locks Energy Center, LLC; WPS Empire State, Inc.; WPS Beaver Falls Generation, LLC; Niagara Generation, LLC; WPS Syracuse Generation, LLC; Mid-American Power, LLC; Quest Energy, LLC; WPS Canada Generation, Inc. and WPS New England Generation, Inc.; WPS Westwood Generation, LLC; Advantage Energy, Inc.; Upper Peninsula Power Company. *Description:* Integrys Energy Group, Inc submits Notice of Change in Status as set forth in the Commission's Order 652. *Filed Date:* 04/30/2007. *Accession Number:* 20070509-0108. *Comment Date:* 5 p.m. Eastern Time on Monday, May 21, 2007. *Docket Numbers:* ER01-570-007; ER98-4421-007; ER96-2350-027; ER99-791-005; ER99-806-004; ER99-3677-006. *Applicants:* Consumers Energy Company; CMS Energy Resource Management Company; Grayling Generation Station Limited Partnership; Genesee Power Station Limited Partnership; CMS Generation Michigan Power L.L.C. Dearborn Industrial Generation, LLC. *Description:* Consumers Energy Company submits a Notice of Change in Status. *Filed Date:* 05/09/2007. *Accession Number:* 20070509-5061. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER04-381-001. *Applicants:* DC Energy, LLC. *Description:* DC Energy, LLC submits a triennial Updated Market Analysis of DC Energy, LLC. *Filed Date:* 05/09/2007. *Accession Number:* 20070509-5082. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER06-185-003. *Applicants:* New York Independent System Operator, Inc. *Description:* Letter informing Commission that the NYISO has publicly posted RTGP mitigation related bid data. *Filed Date:* 05/09/2007. *Accession Number:* 20070509-5043. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. *Docket Numbers:* ER07-525-001. *Applicants:* Entergy Services, Inc. *Description:* Entergy Operating Companies submits their supplemental filing in which Entergy explains why Entergy and American Electric Power Service Corp. have agreed to the limitation of rollover rights etc. *Filed Date:* 05/02/2007. *Accession Number:* 20070509-0107. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 23, 2007. *Docket Numbers:* ER07-541-001. *Applicants:* Entergy Services, Inc. *Description:* Entergy Operating Companies submits their supplemental filing in which Entergy explains why Entergy and NRG Power Marketing have agreed to the limitation of rollover rights etc. *Filed Date:* 05/02/2007. *Accession Number:* 20070509-0106. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 23, 2007. *Docket Numbers:* ER07-549-001; EC06-126-003. *Applicants:* NSTAR Electric Company. *Description:* Response of NSTAR Electric Company to FERC Staff's April 10, 2007 Deficiency Letter. *Filed Date:* 05/10/2007. *Accession Number:* 20070510-5052. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 31, 2007. *Docket Numbers:* ER07-834-001. *Applicants:* New York Independent System Operator, Inc. *Description:* New York Independent System Operator, Inc submits a revision to its 5/1/07 filing. *Filed Date:* 05/07/2007. *Accession Number:* 20070510-0156. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 29, 2007. *Docket Numbers:* ER07-862-000. *Applicants:* New York Independent System Operator, Inc. *Description:* New York Independent System Operator, Inc submits proposed revisions to its Market Administration & Control Areas Services Tariff to clarify & modify provisions governing its activation of its SCR program. *Filed Date:* 05/04/2007. *Accession Number:* 20070508-0284. *Comment Date:* 5 p.m. Eastern Time on Friday, May 25, 2007. *Docket Numbers:* ER07-863-000. *Applicants:* Vermont Electric Cooperative, Inc. *Description:* Vermont Electric Cooperative, Inc submits its 2007 transmission formula rate update to its charges produced by the formula rates applicable to the VEC-specific Local Service Schedules etc. *Filed Date:* 05/04/2007. *Accession Number:* 20070508-0283. *Comment Date:* 5 p.m. Eastern Time on Friday, May 25, 2007. *Docket Numbers:* ER07-865-000. *Applicants:* Unitil Power Corp. *Description:* Unitil Power Corp submits the a Statement of Billing Transactions under the Amended Unitil System Agreement for period of 1/1/06-12/31/06. *Filed Date:* 05/01/2007. *Accession Number:* 20070508-0281. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 22, 2007. *Docket Numbers:* ER07-866-000. *Applicants:* TransCanada Energy Ltd. *Description:* TransCanada Energy Ltd submits Notice of Cancellation of its market-based rate tariff, FERC Electric Rate Schedule 1. *Filed Date:* 05/02/2007. *Accession Number:* 20070508-0285. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 23, 2007. *Docket Numbers:* ER07-867-000. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corporation submits informational filing pursuant to Article IX, section B of the Stipulation and Agreement approved by FERC on 5/28/99. *Filed Date:* 05/07/2007. *Accession Number:* 20070510-0164. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 29, 2007. *Docket Numbers:* ER07-868-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, L.L.C. submits revisions to the PJM Operating Agreement, FERC Electric Tariff, Third Revised Rate Schedule 24, Sixth Revised Volume 1 pursuant to section 205 of the FPA etc. *Filed Date:* 05/07/2007. *Accession Number:* 20070510-0157. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 29, 2007. *Docket Numbers:* ER07-869-000. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corporation submits proposed tariff amendments to implement the initial Congestion Revenue Right allocation and auction processes under its Market Redesign *et al.* *Filed Date:* 05/07/2007. *Accession Number:* 20070510-0151. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 29, 2007. Take notice that the Commission received the following electric securities filings: Docket Numbers: ES07-26-001. *Applicants:* Entergy Services, Inc. *Description:* Production of Document of Entergy Services, Inc. *Filed Date:* 05/09/2007. *Accession Number:* 20070509-5081. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 30, 2007. Take notice that the Commission received the following electric reliability filings: Docket Numbers: RR07-12-000. *Applicants:* North American Electric Reliability Corporation. *Description:* Request of the North American Electric Reliability Corp for approval of supplemental violation risk factors for certain requirements in Version 1 reliability standards etc approved by the Commission in Order. *Filed Date:* 05/04/2007. *Accession Number:* 20070510-0160. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 24, 2007. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E7-9686 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP07-74-000; CP07-75-000] Sonora Pipeline, LLC; Notice of Availability of the Environmental Assessment for the Proposed Burgos Hub Export/Import Project May 15, 2007. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)on the natural gas pipeline facilities proposed by Sonora Pipeline, LLC (Sonora) in the above-referenced dockets. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major Federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of the construction and operation of Sonora's proposed Burgos Hub Export/Import Project (Project). The Project would involve construction of approximately 29 miles of 30-inch-diameter natural gas pipeline and appurtenant facilities in Hidalgo County, Texas. Two bidirectional border crossing facilities also proposed for construction (for which a Presidential Permit has been requested under Docket No. CP07-75-000) would consist of approximately 85 feet of 30-inch-diameter natural gas pipeline and appurtenant facilities. The purpose of the facilities is to provide up to 1,000,000 dekatherms per day (Dth/d) of new bi-directional transportation service to the Burgos Hub area of Mexico and then to the United States once new sources of natural gas become available from Mexico. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)502-8371. Copies of the EA have been mailed to Federal, State, and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please note that the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created by clicking on “Sign-up.” If you are filing written comments, please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Reference Docket Nos. CP07-74-000, *et al.;* • Label one copy of the comments for the attention of the Gas Branch 1, PJ-11.1; and • Mail your comments so that they will be received in Washington, DC on or before June 14, 2007. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Kimberly D. Bose, Secretary. [FR Doc. E7-9678 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Project No. 2237-017] Georgia Power Company; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions May 11, 2007 Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application* : New Major License. b. *Project No.* : P-2237-017. c. *Date filed* : February 27, 2007. d. *Applicant* : Georgia Power Company. e. *Name of Project* : Morgan Falls Hydroelectric Project. f. *Location* : The existing project is located in the metropolitan city of Atlanta area on the Chattahoochee River, at river mile 312.6, and about 36 miles downstream from the U.S. Corps of Engineers' Buford dam (Lake Sidney Lanier) in Cobb and Fulton Counties, Georgia. The project occupies about 14.4 acres of federal lands within the Chattahoochee River National Recreation Area managed by the National Park Service. g. *Filed Pursuant to* : Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact* : Douglas E. Jones, Senior Vice-President, Southern Company Generation, 241 Ralph McGill Boulevard NE., Bin 10240, Atlanta, Georgia 30308-3374, Telephone

(404)506-7328; or George A. Martin, Project Manager, at

(404)506-1357 or e-mail at *gamartin@southernco.com* . Additional information on this project is available on the applicant's Web site: *www.southerncompany.com/gapower/hydro* . i. *FERC Contact* : Janet Hutzel at

(202)502-8675, or by e-mail at *janet.hutzel@ferc.gov.* j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Motions to intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site *http://www.ferc.gov* under the “e-Filing” link. k. This application has been accepted for filing and is now is ready for environmental analysis. l. *Project Description* : The existing project consists of the following:

(1)A 1,031-foot-long, 56-foot-maximum height concrete gravity dam consisting of a 46-foot-long non-overflow westerly abutment; a 680-foot-long gated spillway with sixteen 40-foot-wide by 8-foot-tall Taintor gates; a 21-foot-long trash gate section containing one 8-foot- wide by 4-foot-tall trash gate; a 195-foot-long, 73-foot-high combined powerhouse and intake section integral with the dam containing seven horizontal double runner Francis turbines coupled to seven generating units with a total generating capacity of 16.8 megawatt; and an 89-foot-long non-overflow easterly abutment;

(2)a 684-acre reservoir (Bull Sluice Lake) at normal full pool elevation of 866.0 feet plant datum, 1 with 2,239 acre-feet of usable storage; and

(3)appurtenant facilities. The average annual generation at the project is about 15,221 megawatt-hours. The applicant has no plans to modify the existing project facilities or the current modified run-of-river mode of operation. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact *FERC Online Support at FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY, 202-502-8659. A copy is also available for inspection and reproduction at the address in item h above. 1 Plant datum = mean sea level + 12.39 ft. Register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. *All filings must* :

(1)bear in all capital letters the title “PROTEST,” “MOTION TO INTERVENE,” “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “PRELIMINARY TERMS AND CONDITIONS,” or “PRELIMINARY FISHWAY PRESCRIPTIONS;”

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person protesting or intervening; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. o. *Procedural Schedule* : The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate. At this time we do not anticipate the need for preparing a draft environmental assessment (EA). We intend to prepare one environmental document. The EA will include our recommendations for operating procedures and environmental enhancement measures that should be part of any new license issued by the Commission. Recipients will have 30 days to provide the Commission with any comments on that document. All comments on the EA, filed with the Commission, will be considered in an Order taking final action on the license application. However, should substantive comments requiring reanalysis be received on the NEPA document, we would consider preparing a subsequent NEPA document. Milestone Target date Interventions, recommendations, preliminary terms and conditions, and fishway prescriptions due July 12, 2007. Reply comments due August 26, 2007. FERC issues single EA (without a draft) November 9, 2007. Comments on EA due December 9, 2007. Filing of modified terms and conditions February 8, 2008. p. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice. q. A license applicant must file no later than 60 days following the date of issuance of the notice of acceptance and ready for environmental analysis provided for in § 5.22:

(1)A copy of the water quality certification;

(2)a copy of the request for certification, including proof of the date on which the certifying agency received the request; or

(3)evidence of waiver of water quality certification. Kimberly D. Bose, Secretary. [FR Doc. E7-9683 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the Record Communications; Public Notice May 15, 2007. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication. Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

(866)208-3676, or for TTY, contact

(202)502-8659. Docket No. Date received Presenter or requester Prohibited: 1. Project No. 11858-000 4-11-07 Diane Rice. 1 Exempt: 1. Project No. 2155-000 5-7-07 Frank Winchell. 2. Project No. 12667-000 4-30-07 Hon. Sherrod Brown. 3. Project No. 12667-000 4-30-07 Hon. Ted Strickland. 1 One of thirty comments submitted between April 11, 2007 and May 3, 2007, in the Lake Elsinore Pump Storage Project proceeding. Kimberly D. Bose, Secretary. [FR Doc. E7-9676 Filed 5-18-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [Docket # EPA-RO4-SFUND-2007-0396; FRL-8316-6] Browder Trust Property Charleston, Charleston County, SC; Notice of Settlement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of settlement. SUMMARY: Under Section 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Browder Trust Property Superfund Site located in Charleston, Charleston County, South Carolina. DATES: The Agency will consider public comments on the settlement until June 20, 2007. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. ADDRESSES: Copies of the settlement are available from Ms. Paula V. Batchelor. Submit your comments, identified by Docket ID No. EPA-RO4-SFUND-2007-0396 or Site name Browder Trust Property Superfund Site by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *Batchelor.Paula@epa.gov* . • Fax: 404/562-8842/Attn Paula V. Batchelor. *Mail:* Ms. Paula V. Batchelor, U.S. EPA Region 4, SD-SEIMB, 61 Forsyth Street, SW., Atlanta, Georgia 30303. “In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington, DC 20503.” *Instructions:* Direct your comments to Docket ID No. EPA-R04-SFUND-2007-0396. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the U.S. EPA Region 4 office located at 61 Forsyth Street, SW., Atlanta, Georgia 30303. Regional office is open from 7 a.m. until 6:30 p.m. Monday through Friday, excluding legal holidays. Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication. FOR FURTHER INFORMATION CONTACT: Paula V. Batchelor at 404/562-8887. Dated: May 8, 2007. Rosalind H. Brown, Chief, Superfund Enforcement & Information Management Branch, Superfund Division. [FR Doc. E7-9731 Filed 5-18-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than June 4, 2007. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Audrey G. Savage* , Monticello, Iowa; to acquire control of Family Merchants Bancorporation, Cedar Rapids, Iowa, and thereby indirectly acquire control of Family Merchants Bank, Cedar Rapids, Iowa. Board of Governors of the Federal Reserve System, May 15, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-9649 Filed 5-18-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 14, 2007. **A. Federal Reserve Bank of Atlanta** (David Tatum, Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30309: *1. CapGen Capital Group LLC* , Washington, DC; to become a bank holding company by acquiring 100 percent of the voting shares of CapGen Capital Group LP, Washington, D.C., and thereby indirectly acquire voting shares of The BANKshares, Inc., Melbourne, Florida, and its subsidiaries, BankFIRST, Winter Park, Florida, and Bank Brevard, Melbourne, Florida. In connection with this application, CapGen Capital Group LP, Washington, DC, also has applied to become a bank holding company by acquiring 21.8 percent of the voting shares of The BANKshares, Inc., Melbourne, Florida, and thereby acquire voting shares of BankFIRST, Winter Park, Florida, and Bank Brevard, Melbourne, Florida. Board of Governors of the Federal Reserve System, May 15, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-9647 Filed 5-18-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 15, 2007. **A. Federal Reserve Bank of Atlanta** (David Tatum, Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30309: *1. Security Bank Corporation* , Macon, Georgia; to merge with First Commerce Community Bankshares, Inc., and thereby indirectly acquire First Commerce Community Bank, both of Douglasville, Georgia. Board of Governors of the Federal Reserve System, May 16, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-9673 Filed 5-18-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 15, 2007. **A. Federal Reserve Bank of Cleveland** (Douglas A. Banks, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: *1. National City Corporation* , Cleveland, Ohio; to acquire MAF Bancorp, Inc., and thereby acquire Mid America Bank, FSB, both of Clarendon Hills, Illinois, and thereby engage in operating a thrift subsidiary, pursuant to section 225.28(b)(4)(ii), and St. Francis Equity Properties, Inc., Brookfield, Wisconsin, and thereby engage in community development activities, pursuant to section 225.28(b)(12)(i); Equitable Finance Corporation, Clarendon Hills, Illinois, thereby engaging in consumer lending, pursuant to section 225.28(b)(1); and Computer Dynamics, Clarendon Hills, Illinois, thereby engaging in data processing, pursuant to section 225.28(b)(14)(i), of Regulation Y. Board of Governors of the Federal Reserve System, May 16, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc.E7-9672 Filed 5-18-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION Agency Information Collection Activities; Submission for OMB Review; Comment Request AGENCY: Federal Trade Commission. ACTION: Notice. SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (“OMB”) for review, as required by the Paperwork Reduction Act (“PRA”). The Federal Trade Commission (“FTC” or “Commission”) is seeking public comments on its proposal to extend through July 31, 2010 the current OMB clearance for information collection requirements contained in its proposed Affiliate Marketing Rule (or “proposed Rule”). That clearance expires on July 31, 2007. DATES: Comments must be filed by June 20, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Affiliate Marketing Rule: FTC File No. R411006” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission, Room H-135 (Annex J), 600 Pennsylvania Ave., NW., Washington, DC 20580. Because paper mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, as prescribed below. However, if the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 1 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). Comments filed in electronic form should be submitted by following the instructions on the web-based form at *https://secure.commentworks.com/ftc-AffiliateMarketingRule.* To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the *https://secure.commentworks.com/ftc-AffiliateMarketingRule* weblink. If this notice appears at *www.regulations.gov,* you may also file an electronic comment through that Web site. The Commission will consider all comments that *www.regulations.gov* forwards to it. All comments should additionally be submitted to: Office of Management and Budget, Attention: Desk Officer for the Federal Trade Commission. Comments should be submitted via facsimile to

(202)395-6974 because U.S. Postal Mail is subject to lengthy delays due to heightened security precautions. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC Web site, to the extent practicable, at *www.ftc.gov* . As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy at *http://www.ftc.gov/ftc/privacy.htm.* FOR FURTHER INFORMATION CONTACT: Requests for additional information should be addressed to Anthony Rodriguez or Loretta Garrison, Attorneys, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580,

(202)326-2252. SUPPLEMENTARY INFORMATION: On February 28, 2007, the FTC sought comment on the information collection requirements associated with its proposed rule. See 72 FR 9002. No comments were received. The FTC is providing this second opportunity for public comment while seeking OMB approval to extend the existing paperwork clearance for the Rule. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before June 20, 2007. The Affiliate Marketing Rule, 16 CFR Part 680, was proposed by the FTC under section 214 of the Fair and Accurate Credit Transactions Act (“FACT Act”), Pub. L. No. 108-159 (December 6, 2003). The FACT Act amended the Fair Credit Reporting Act, 15 U.S.C. 1681 *et seq.* , which was enacted to enable consumers to protect the privacy of their consumer credit information. As mandated by the FACT Act, the proposed Rule specifies disclosure requirements for certain affiliate companies subject to the Commission's jurisdiction. Except as discussed below, these requirements constitute “collections of information” for purposes of the PRA. Specifically, the FACT Act and the proposed Rule require covered entities to provide consumers with notice and an opportunity to opt out of the use of certain information before sending marketing solicitations. The proposed Rule generally provides that, if a company communicates certain information about a consumer (“eligibility information”) to an affiliate, the affiliate may not use that information to make or send solicitations to the consumer unless the consumer is given notice and a reasonable opportunity to opt out of such use of the information and the consumer does not opt out. To minimize compliance costs and burdens for entities, particularly any small businesses that may be affected, the proposed Rule contains model disclosures and opt-out notices that may be used to satisfy the statutory requirements. The proposed Rule also gives covered entities flexibility to satisfy the notice and opt-out requirement by sending the consumer a free-standing opt-out notice or by adding the opt-out notice to the privacy notices already provided to consumers, such as those provided in accordance with the provisions of Title V, subtitle A of the GLBA. For covered entities that choose to prepare a free-standing opt-out notice, the time necessary to prepare it would be minimal because those entities could simply use the model disclosure. For covered entities that choose to incorporate the model opt-out notice into their GLBA privacy notices the time necessary to do so also would be minimal. Arguably, verbatim adoption of the model notice would not even be a PRA “collection of information.” 2 2 “The public disclosure of information originally supplied by the Federal government to the recipient for purpose of disclosure to the public is not included within [the definition of collection of information]” 5 CFR 1320(c)(2). Burden Statement Except where otherwise specifically noted, staff's estimates of burden are based on its knowledge of the consumer credit industries and knowledge of the entities over which the Commission has jurisdiction. This said, estimating PRA burden of the proposed Rule's disclosure requirements is difficult given the highly diverse group of affected entities that may use certain eligibility information shared by their affiliates to send marketing notices to consumers. The estimates provided in this burden statement may well overstate actual burden. First, an uncertain but possibly significant number of entities subject to the FTC's jurisdiction do not have affiliates and would thus not be covered by section 214 of the FACT Act or the proposed Rule. Second, Commission staff does not know how many companies subject to the FTC's jurisdiction under the proposed rule actually share eligibility information among affiliates and, of those, how many affiliates use such information to make marketing solicitations to consumers. Third, staff considered the wide variations in covered entities and the fact that, in some instances, covered entities may make the required disclosures in the ordinary course of business, apart from the FACT Act Rule, voluntarily as a service to their customers. Finally, still other entities may choose to rely on the exceptions to the proposed Rule's notice and opt-out requirements. 3 3 Exceptions include, for example, having a preexisting business relationship with a consumer, using information in response to a communication initiated by the consumer or to solicitations authorized or requested by the consumer. Staff's estimates assume a higher burden will be incurred during the first year of the OMB clearance period with a lesser burden for each of the subsequent two years, since the opt-out notice to consumers is required to be given only once. Institutions may provide for an indefinite period for the opt-out or they may time limit it, but for no less than five years. Given this minimum time period, Commission staff did not estimate burden for preparing and distributing extension notices by entities that limit the duration of the opt-out time period. The relevant PRA time frame for burden calculation is three years from renewed OMB clearance, and the five-year notice period will not begin until this proposed Rule becomes final. Staff's labor cost estimates take into account: Managerial and professional time for reviewing internal policies and determining compliance obligations; technical time for creating the notice and opt-out, in either paper or electronic form; and clerical time for disseminating the notice and opt-out. 4 In addition, staff's cost estimates presume that the availability of model disclosures and opt-out notices will simplify the compliance review and implementation processes, thereby significantly reducing the cost of compliance. Moreover, the proposed Rule gives entities considerable flexibility to determine the scope and duration of the opt-out. Indeed, this flexibility permits entities to send a single joint notice on behalf of all of its affiliates. 4 No clerical time was included in staff's burden analysis for GLBA entities as the notice would likely be combined with existing GLBA notices. *Estimated total average annual hours burden:* 1,105,000 hours, rounded. Staff estimates that approximately 1.17 million (rounded) non-GLBA entities under the jurisdiction of the FTC have affiliates and would be affected by the proposed Rule. 5 Staff further estimates that there are an average of 5 businesses per family or affiliated relationship, and that the affiliated entities will choose to send a joint notice, as permitted by the proposed Rule. Thus an estimated 233,400 (rounded) non-GLBA entities may send the new affiliate marketing notice. Staff also estimates that non-GLBA entities under the jurisdiction of the FTC would each incur 14 hours of burden during the three-year clearance period, comprised of a projected 7 hours of managerial time, 2 hours of technical time, and 5 hours of clerical assistance. 5 This estimate is derived from an analysis of a database of U.S. businesses based on SIC codes for businesses that market goods or services to consumers, which included the following industries: transportation services; communication; electric, gas, and sanitary services; retail trade; finance, insurance, and real estate; and services (excluding business services and engineering, management services). This estimate excludes businesses not subject to the FTC's jurisdiction as well as businesses that do not use data or information subject to the rule. Based on the above, total burden for non-GLBA entities during the prospective three-year clearance period would be approximately 3,268,000 hours and associated labor cost approximately $92,247,000, rounded. 6 These estimates include the start-up burden and attendant costs, such as determining compliance obligations. However, non-GLBA entities will give notice only once during the clearance period ahead. Thus, averaged over that three-year period, the estimated annual burden for non-GLBA entities is 1,089,000 hours and $30,749,000 in labor costs, rounded. 7 6 The hourly rates are based on average annual Bureau of Labor Statistics National Compensation Survey data, June 2005 (with 2005 as the most recent whole year information available at the BLS Web site). *http://www.bls.gov/ncs/ocs/sp/ncbl0832.pdf* (Table 1.1), and further adjusted by a multiplier of 1.06426, a compounding for approximate wage inflation for 2005 and 2006, based on the BLS Employment Cost Index. The dollar total above is derived from the estimated 7 hours of managerial labor at $34.21 per hour; 2 hours of technical labor at $29.80 per hour; and 5 hours of clerical labor at $14.44 per hour—a combined $371.27—multiplied by 1.06426 (a combined $395.13)—for the estimated 233,400+ non-GLBA business families subject to the proposed Rule. 7 3,268,000 hours ÷ 3 = 1,089,000; $92,247,000 ÷ 3 = $30,749,000. Entities that are subject to the Commission's GLBA privacy notice regulation already provide privacy notices to their customers. 8 Because the FACT Act and the proposed Rule contemplate that the new affiliate marketing notice can be included in the GLBA notices, the burden on GLBA regulated entities would be greatly reduced. Accordingly, the GLBA entities would incur 6 hours of burden during the first year of the clearance period, comprised of a projected 5 hours of managerial time and 1 hour of technical time to execute the notice, given that the proposed Rule provides a model. 9 Staff also estimates that 3,350 GLBA entities under the FTC's jurisdiction would be affected, so that the total burden for GLBA entities during the first year of the clearance period would approximate 20,000 hours and $716,000 in associated labor costs. 10 Allowing for increased familiarity with procedure, the paperwork burden in ensuing years would decline, with GLBA entities each incurring an estimated 4 hours of annual burden (3 hours of managerial time and 1 hour of technical time) during the remaining two years of the clearance, amounting to 13,400 hours and $472,000 in labor costs in each of the ensuing two years. Thus, averaged over the three-year clearance period, the estimated annual burden for GLBA entities is 15,600 hours and $553,000 in labor costs. 8 Financial institutions must provide a privacy notice at the time the customer relationship is established and then annually so long as the relationship continues. Staff's estimates assume that the affiliate marketing opt-out will be incorporated in the institution's initial and annual notices. 9 As stated above, no clerical time is included in the estimate because the notice likely would be combined with existing GLBA notices. 10 3,350 GLBA entities × [($34.20 × 5 hours) + ($29.80 × 1 hour)] × 1.06426 wage multiplier (see note 6). Cumulatively for both GLBA and non-GLBA entities, the average annual burden over the prospective three-year clearance period, rounded, is approximately 1,105,000 burden hours and $31,302,000 in labor costs, rounded. GLBA entities are already providing notices to their customers so there are no new capital or non-labor costs, as this notice may be consolidated into their current notices. For non-GLBA entities, the rule provides for simple and concise model forms that institutions may use to comply. Thus, any capital or non-labor costs associated with compliance for these entities are negligible. William Blumenthal, General Counsel. [FR Doc. E7-9711 Filed 5-18-07; 8:45 am] BILLING CODE 6750-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Findings of Research Misconduct AGENCY: Office of the Secretary, HHS. ACTION: Notice. SUMMARY: Notice is hereby given that the Office of Research Integrity

(ORI)and the Assistant Secretary for Health have taken final action in the following case: *Kartik Prabhakaran, University of Pittsburgh:* Based on the report of an inquiry conducted by the University of Pittsburgh (UP), extensive oral and written admissions by the Respondent, and additional analysis conducted by the Office of Research Integrity

(ORI)during its oversight review, the U.S. Public Health Service

(PHS)found that Mr. Kartik Prabhakaran, former graduate student in the joint M.D./Ph.D. program at UP, engaged in research misconduct while supported by National Institutes of Neurological Disorders and Stroke (NINDS), National Institutes of Health (NIH), grant F30 NS50905-01 and National Eye Institute (NEI), NIH, grants 5 R01 EY005945, 5 P30 EY008098, and 5 R01 EY015291. Specifically, Mr. Prabhakaran falsified and fabricated data that was included in a PowerPoint presentation and in a paper published in Immunity (Immunity 23:515-525, November 2005). Mr. Prabhakaran's research misconduct occurred while he was a student in the M.D./Ph.D. program for UP's School of Medicine. He is no longer in UP's Ph.D. program but is still enrolled in its M.D. program in the School of Medicine. The Immunity publication has been retracted (Immunity 24:657, May 2006). Mr. Prabhakaran has entered into a Voluntary Exclusion Agreement in which he has voluntarily agreed, for a period of four

(4)years, beginning on March 15, 2007:

(1)To exclude himself from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant; and

(2)That any institution that submits an application for PHS support for a research project on which Mr. Prabhakaran's participation is proposed, that uses him in any capacity on PHS supported research, or that submits a report of PHS-funded research in which he is involved must concurrently submit a plan for supervision of his duties to the funding agency for approval. The supervisory plan must be designed to ensure the scientific integrity of his research contribution. Mr. Prabhakaran agreed to ensure that a copy of the supervisory plan also is submitted to ORI by the institution. Mr. Prabhakaran agreed that he will not participate in any PHS-supported research until such a supervision plan is submitted to ORI. FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852,

(240)453-8800. Chris B. Pascal, Director, Office of Research Integrity. [FR Doc. E7-9735 Filed 5-18-07; 8:45 am] BILLING CODE 4150-31-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request Proposed Projects *Title:* Case Plan Requirement, Section 442, 471(a)(16), 475(1) and 475(5)(A) of the Social Security Act. *OMB No.:* 0980-0140. *Description:* The Administration for Children and Families

(ACF)is requesting authority to renew an existing information collection that is expiring October 31, 2007. The collection of information for the case plan requirement is authorized by titles IV-B, Section 422 (42 U.S.C. 422), and IV-E, Sections 471 and 475 (42 U.S.C. 471 and 475) of the Social Security Act (the Act). States must develop State plans for both Titles IV-B and IV-E that are approved by the Secretary, U.S. Department of Health and Human Services. Both plans require that States maintain a case review system that periodically reviews case plans developed for each child receiving services under the Act. Title IV-B provides for child welfare services funding and title IV-E provides for foster care maintenance payments for eligible children. Sections 442(b)(2) and (8)(A)(ii) of the Act require States to coordinate services and assistance under Federal programs, including titles IV-B and IV-E, and to ensure that States are operating a case review system that meets the review system that meets the requirements of section 475(5) of the Act. Title IV-E funding, Section 471(a) of the Act, requires that State plans provide for the development of a case plan for each child receiving foster care maintenance payments and provide for a case review system that meets the requirements described in section 475(5)(B) of the Act with respect to each child. The case plan is a written document that provides a narrative description of the child-specific program of care that addresses the needs of each child regarding safety, permanency and well-being. Federal regulations at 45 CFR 1356.21(g) and section 475(1) of the Act delineate the specific information that should be addressed in the case plan. ACF neither specifies a recordkeeping format for the case plan nor requires submission of the case plan to the Federal Government. Case plan information is recorded in a format developed and maintained by State child welfare agencies. Case plans are periodically reviewed under the purview of State case review systems. In computing the number of burden hours for this information collection, ACF based the annual burden estimates on States' experiences in developing case plans. *Respondents:* State title IV-B and title IV-E Agencies. Annual Burden Estimates Instrument Number of respondents Number for responses per respondent Average burden hours per response Total burden hours Case Plan 701,461 1 2.60 1,823,799 Estimated Total Annual Burden Hours: 1,823,799. In compliance with the requirements of Section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. E-mail address: *infocollection@acf.hhs.gov.* All requests should be identified by the title of the information collection. The Department specifically requests comments on:

(a)Whether the proposed collection of information is necessary fro the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: May 15, 2007. Robert Sargis, Reports Clearance Officer. [FR Doc. 07-2501 Filed 5-18-07; 8:45 am]

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