Notices. Notice of Intent (NOI)

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BILLING CODE 5001-06-M DEPARTMENT OF DEFENSE Department of the Army: Corps of Engineers Intent To Prepare a Draft Environmental Impact Statement

(EIS)for a Permit Application for Compartments B and C, Palm Beach and Hendry Counties, FL AGENCY: U.S. Army Corps of Engineers, Jacksonville District, DoD. ACTION: Notice of Intent (NOI). SUMMARY: The U.S. Army Corps of Engineers (Corps), Jacksonville District, will be receiving a permit application for a Department of the Army permit under Section 404 of the Clean Water Act from the South Florida Water Management District (SFWMD) to construct Stormwater Treatment Areas

(STAs)on parcels of land identified as Compartments B and C of the Everglades Agricultural Area

(EAA)(Proposed Action). As part of the permit process, the Corps is evaluating the environmental effects associated with construction of STAs on these parcels in order to provide additional treatment to assist the existing STAs in the overall goal of improving the quality of water delivered and to be delivered to the Everglades Protection Area

(EPA)in order to prevent further environmental degradation. The primary federal involvement associated with the Proposed Action is the discharge of fill material (including permanent inundation) within federal jurisdictional areas and Waters of the United States. In addition, the Proposed Action could have potential significant effects on the human environment. Therefore, the Corps will prepare an EIS in compliance with the National Environmental Policy Act

(NEPA)to render a final decision on the SFWMD's permit application. The Corps' decision will be to either issue or deny a Department of the Army permit for the Proposed Action. The Draft EIS is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the Proposed Action and permit reviews. FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action and Draft EIS should be directed to Ms. Tori White, Corps Regulatory Project Manager, by telephone at

(561)472-8888 or by e-mail at *tori.white@usace.army.mil.* Written comments should be addressed to the U.S. Army Corps of Engineers, South Florida Restoration Program Office, Attn: Ms. Tori White, 1400 Centrepark Boulevard, Suite 750, West Palm Beach, Florida 33401 or by facsimile at

(561)683-2418. Information about the Proposed Action and Draft EIS can also be obtained from the Jacksonville District Web site at *http://www.saj.usace.army.mil.* SUPPLEMENTARY INFORMATION: 1. *Project Site and Background Information.* The Proposed Action is located at Compartments B and C of the EAA. Compartment B is located within USGS Quadrangles of Deem City, North of Deem City and West of Big Lake, Sections 23, 24, 25 and 36, Township 46 south, Range 37 east; Sections 19, 20, 21, 28, 29, 30, 31, 32 and 33, Township 46 south, Range 38 east; Sections 05, 06, 08, 09, 10, 11, 14, 15, 16, 17, 21 and 22, Township 47 south, Range 38 east. More specifically it is located in southern Palm Beach County east of Highway U.S. 27, and west of Water Conservation Area 2A and STA 2 in Southern Palm Beach County, Florida. Compartment C is located within the USGS Quadrangle of Everglades 2NW and Everglades 2SW, Sections 09, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 26 and 27, Township 47 south, Range 34 east. More specifically, it is located west of the Rotenberger Wildlife Management Area and east of the L-3 Canal between STA-5 and STA-6 in eastern Hendry County, Florida.

(a)*Background.* On October 4, 1996, the Corps published a Final Programmatic Environmental Impact Statement

(PEIS)for the initial Everglades Construction Project

(ECP)which consisted of six STAs comprising approximately 44,000 acres. The ECP was implemented by the SFWMD as a result of nutrient loads of stormwater and runoff and high phosphorus loads from the EAA, Lake Okeechobee, and other contributory basins which discharge into the EPA. The EPA includes Water Conservation Areas 1 (Arthur R. Marshall Loxahatchee National Wildlife Refuge), 2A, 2B, 3A, 3B and Everglades National Park. The initial ECP was intended to achieve an interim target discharge of a long-term annual flow-weighted mean phosphorus concentration of approximately 50 parts per billion (50 ppb). Pursuant to the Consent Decree in *United States* v. *South Florida Water Management District,* the State committed to provide water quantity and quality needed to preserve and restore the unique flora and fauna of the Everglades National Park and the Loxahatchee Wildlife Refuge. The Everglades Forever Act

(EFA)embodies the same goals. The SFWMD's Long-Term Plan for Achieving Water Quality Goals, October 27, 2003 and the November 2004 revision recommend further studies that will help provide the additional detailed information required for making a more informed decision. In 2005, the SFWMD completed the EAA Regional Feasibility Study as part of the November 2004 revision to the Long-Term Plan. The Feasibility Study evaluated additional treatment needed in order to reduce phosphorus loads to the EPA and comply with the EFA including construction of STAs on Compartments B and C.

(b)*Purpose and Need.* The overall project purpose is to reduce nutrient loads of stormwater and runoff from the EAA and nutrient concentrations in water delivered from Lake Okeechobee prior to distribution into the EPA in order to meet legal requirements. The six existing STAs included in the ECP were built and operated pursuant to the requirements of the EFA and contain approximately 40,000 acres of effective treatment area. Subsequent to the design and construction of these STAs, the inflow volumes and phosphorus concentrations loads were updated to incorporate best available information, including several years of actual STA inflow data and outflow performance data. One of the key assumptions during the design of the original STAs was that EAA Best Management Practices

(BMPs)would result in a 20% reduction in inflow volumes; however, recent historic data has shown that although the required BMPs reduced phosphorus loads, the assumed inflow volume reductions have not occurred. The Consent Decree assumed that flow lost to BMPs would be replaced with additional flow from Lake Okeechobee; however, neither the original ECP design flow nor the 2001 Basin-Specific Feasibility Studies (ECP update with enhanced STAs) provided treatment capacity for those additional flows. In addition to higher than originally assumed stormwater runoff volumes from the EAA, the STA inflow phosphorus concentrations have also shown notable increases in the past several years, likely a result of long-term increasing trends in Lake Okeechobee phosphorus concentrations, further amplified by the 2004 and 2005 hurricanes, as well as additional lake regulatory release volumes. The higher-than-anticipated EAA runoff volumes, flows and loads from Lake Okeechobee, and STA inflow concentrations have resulted in impacts to existing STA performance.

(c)*Proposed Action.* The SFWMD proposes to convert approximately 13,740 acres of publicly owned, primarily agricultural lands to additional STAs. The Compartment B STA will consist of approximately 6,700 acres of effective treatment area, and will be operated in close coordination with the existing STA-2 and STA-3/4 to assist in optimizing the phosphorus removal performance of these two STAs. Depending upon the hydrologic and hydraulic conditions, the Compartment B STA can assist in the reduction of inflows to STA-1W and STA-1E, which discharges into the WCA-1. The Compartment C STA will consist of approximately 6,200 acres of effective treatment area, and can be operated in close coordination with existing STA-5 and STA-6 to assist in the phosphorus reduction capability of these two STAs, which discharge into WCA-3A. 2. *Alternatives.* Alternatives to the Proposed Action initially being considered include:

(a)Construction of Compartment B STA and Compartment C STA to treat additional runoff in the EAA.

(b)Construction of Compartment B STA to recover ability to treat Lake Okeechobee volumes originally intended to be treated by STA-3/4 and construction of Compartment C STA to treat additional runoff in the EAA.

(c)Construction of Compartment B STA to treat a combination of Lake Okeechobee volumes and EAA runoff and construction of Compartment C STA to treat additional runoff in the EAA.

(d)Construction of STAs on additional parcels of land.

(e)Additional Treatment Technologies including but not limited to hyacinth and algae turf scrubber application.

(f)No Action. 3. *Draft EIS Scoping Process.*

(a)The Corps is furnishing this notice to:

(1)Advise other Federal and state agencies, affected Tribes, and the public of our intentions;

(2)announce the initiation of a 30-day scoping period; and

(3)obtain suggestions and information on the scope of issues and alternatives to be included in the Draft EIS. The Corps invites comments from all interested parties to ensure that the full range of issues related to the permit request is addressed and that all significant issues are identified. We will accept written comments until 30 days after the date of publication of this notice.

(b)Significant issues to be analyzed in the Draft EIS include: Aesthetics/visual quality, agricultural resources, air quality, biological resources, cultural resources, cumulative impacts, environmental justice, flood protection, geology/soils, growth inducement, land use/planning, noise/vibration, public health and safety, public services/utilities, recreation, socioeconomics, threatened and endangered species, traffic/circulation, water resources including wetlands, and other issues identified through scoping, public involvement, and interagency coordination.

(c)The Corps will conduct an environmental review of the Proposed Action in accordance with the requirements of NEPA, 1969 as amended, (42 U.S.C. 4321 *et seq.* ) and its implementing regulations (40 Code of Federal Regulations, Section 1500 *et seq.* ), Corps Procedures for Implementing NEPA (33 Code of Federal Regulations, Section 230 *et seq.* ), and with other appropriate federal laws and regulations, policies, and procedures of the Corps for compliance with those regulations. The Proposed Action, through the Corps permit review process, will require consultation under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act. Additionally, the proposed action would involve evaluation for compliance with the Section 404(b)(1) Guidelines of the Clean Water Act; the Magnunson-Stevens Fishery Conservation and Management Act; Water Quality Certification pursuant to Section 401 of the Clean Water Act; certification of state lands, easements and right of ways; and determination of Coastal Zone Management Act consistency. Additionally, the EIS will include an evaluation of modifying land for new uses which also involves zoning, land use planning, water management, and other regulatory requirements at the local, state, and federal level. The Compartments B and C lands were purchased using funds appropriated to the Department of Interior

(DOI)under the authority of the 1996 Farm Bill (Federal Agriculture Improvement and Reform Act of 1996, Public Law 104-127, 110 Stat. 1022). The DOI, Corps, Florida Department of Environmental Protection, and the SFWMD are parties to a Framework Agreement under which all interim uses of lands acquired with these funds must be consistent with the ultimate use of the property in a congressionally authorized federal project for Everglades restoration. The SFWMD will be required to obtain a land use approval from the DOI prior to construction. 4. *Scoping Meeting.* Public scoping meetings will be held on the Proposed Action on July 25, 2007, at 6 p.m. at the B1-Auditorium, SFWMD, 3301 Gun Club Road, West Palm Beach and on July 26, 2007, at 5 p.m. at the Institute of Food and Agricultural Sciences, 3200 E. Palm Beach Road, Belle Glade, Florida. The meetings will give agencies and the public an opportunity to receive more information on the Proposed Action and to provide comments and suggestions on the scope of the EIS. 5. *Availability of the Draft EIS.* The Corps currently expects the Draft EIS to be made available to the public in April 2008. A public meeting will be held during the public comment period for the Draft EIS. Written comments will be accepted at the meeting. Dated: July 3, 2007. David S. Hobbie, Chief, Regulatory Division, Jacksonville District. [FR Doc. E7-13401 Filed 7-10-07; 8:45 am] BILLING CODE 3710-AJ-P DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Developing Hispanic-Serving Institutions

(HSI)Program; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2007 Catalog of Federal Domestic Assistance

(CFDA)Number: 84.031S. *Dates* : Applications Available: July 11, 2007. Deadline for Transmittal of Applications: August 10, 2007. *Eligible Applicants:* Institutions of higher education

(IHEs)that qualify as eligible HSIs are eligible to apply for new Individual Development Grants and Cooperative Arrangement Development Grants under the HSI Program. To be an eligible HSI, an IHE must—

(1)Be accredited or preaccredited by a nationally recognized accrediting agency or association that the Secretary has determined to be a reliable authority as to the quality of education or training offered;

(2)Be legally authorized by the State in which it is located to be a junior college or to provide an educational program for which it awards a bachelor's degree;

(3)Be designated as an “eligible institution” by demonstrating that it:

(A)Has an enrollment of needy students as described in 34 CFR 606.3; and

(B)has low average educational and general expenditures per full-time equivalent

(FTE)undergraduate student as described in 34 CFR 606.4;

(4)IHEs must report their undergraduate Hispanic FTE percentage based on the student enrollment count closest to, but not after, September 30, 2006. The Third Higher Education Extension Act of 2006 also amended section 502(a) of the HEA by eliminating the requirement in the HSI Program that an institution applying for a grant provide an assurance that not less than 50 percent of the institution's Hispanic students are low-income individuals. The Notice Inviting Applications for Designation as Eligible Institutions for FY 2007 was published in the **Federal Register** on January 8, 2007 (72 FR 670). The HSI eligibility requirements are in 34 CFR 606.2 through 606.5 and can be accessed from the following Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.* The regulations in 34 CFR part 606 do not reflect the changes made by the Third Higher Education Extension Act of 2006 that are mentioned above. Relationship Between HSI and Title III, Part A Programs Note 1: A grantee under the HSI Program, which is authorized by Title V of the HEA, may not receive a grant under any HEA, Title III, Part A Program. The Title III, Part A Programs include: The Strengthening Institutions Program, the American Indian Tribally Controlled Colleges and Universities Program; and the Alaska Native and Native Hawaiian-Serving Institutions Programs. Further, a current HSI Program grantee may not give up its HSI grant in order to receive a grant under any Title III, Part A Program. Note 2: An HSI that does not fall within the limitation described in Note 1 may apply for a FY 2007 grant under all Title III, Part A Programs for which it is eligible, as well as under the HSI Program. However, a successful applicant may receive only one grant. Note 3: An eligible HSI that submits more than one application may only be awarded one Individual Development Grant or one Cooperative Arrangement Development Grant in a fiscal year. Furthermore, we will not award a second Cooperative Arrangement Development Grant to an otherwise eligible HSI for the same award year as the HSI's existing Cooperative Arrangement Development Grant. Note 4: The Department will cross-reference for verification, data reported to the Integrated Postsecondary Education Data System (IPEDS), the IHE's State-reported enrollment data, and the institutional annual report. If there are any differences in the percentages reported in IPEDS and the percentages reported in the grant application, the IHE should justify the differences as a part of its eligibility documentation. *Estimated Available Funds:* $17,181,510. *Estimated Range of Awards:* $550,000-$713,000. *Estimated Average Size of Awards:* Individual Development Grant: $575,000. Cooperative Arrangement Development Grant: $713,000. *Maximum Awards:* Individual Development Grant: $575,000; Cooperative Arrangement Development Grant: $713,000. We will not fund any application at an amount exceeding these maximum amounts for a single budget period of 12 months. We may choose not to further consider or review applications with budgets that exceed the maximum amounts specified, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount. *Estimated Number of Awards:* Individual Development Grant: 15. Cooperative Arrangement Development Grant: 12. Note: The Department is not bound by any estimates in this notice. Applicants should periodically check the HSI Program Web site for further information. The address is: *http://www.ed.gov/programs/idueshsi/index.html.* *Project Period:* Up to 60 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The HSI Program provides grants to assist HSIs to expand educational opportunities for, and improve the academic attainment of, Hispanic students. The HSI Program grants also enable HSIs to expand and enhance their academic offerings, program quality, and institutional stability. *Priorities:* This notice contains one competitive preference priority and five invitational priorities. We are establishing the competitive preference priority for the FY 2007 grant competition only, in accordance with section 437(d)(1) of the General Education Provisions Act. *Competitive Preference Priority:* For FY 2007, this priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i) we will award an additional 25 points to an Individual Development Grant application that meets this priority. This priority is: We will give priority to applicants for Individual Development Grants that will not receive a non-competing continuation grant under the HSI Program in FY 2007. Applicants submitting multiple applications for Individual Development Grants who do not have non-competing continuations in FY 2007 may submit only one Individual Development Grant application under this competitive preference priority and must indicate which one of its Individual Development Grant applications is to be considered under this competitive preference priority. *Background:* We are establishing this competitive preference priority to ensure that eligible IHEs have a full opportunity to apply for and receive Individual Development Grants and that IHEs that already have a five-year Individual Development Grant do not receive additional funding until their current grant has ended. The Department believes that this approach is consistent with Congress' intent in enacting recent changes to the HSI program as part of the Third Higher Education Extension Act of 2006. As part of that law, Congress eliminated the provision in section 504(a) of the HEA that required grantees that received a five-year Individual Development Grant to wait for two years after completion of that grant before receiving a new grant. We believe that Congress intended to permit grantees to receive a new Individual Development Grant immediately after completing the old grant but did not necessarily intend this change to allow grantees to receive more than one Individual Development Grant at a time. *Invitational Priorities:* Under 34 CFR 75.105(c)(1), we do not give an application that meets these invitational priorities a competitive or absolute preference over other applications. These priorities are: Invitational Priority 1 Individual Development or Cooperative Arrangement Development Grants that aim to expand and enhance the academic offerings and program quality of colleges and universities with significant numbers of Hispanic students and other low-income individuals by strengthening academic offerings and program quality in the following National Science and Mathematics Access to Retain Talent (National SMART Grant) Program fields of study as delineated in 34 CFR 691.17: Computer science, engineering, technology, life sciences, mathematics, physical sciences and foreign languages, and in particular, for majors and critical foreign languages designated in Dear Colleague Letter

(DCL)GEN-06-15. The Web site for DCL GEN-06-15 is: *http://www.ifap.ed.gov/dpcletters/Gen0615.html.* Invitational Priority 2 Individual Development or Cooperative Arrangement Development Grants that aim to expand educational opportunities for and improve the academic attainment of Hispanic students and other low-income individuals by establishing or strengthening community outreach programs to middle school and high school students to provide information on rigorous secondary school program of study requirements as defined in 34 CFR 691.16 for the Academic Competitiveness Grant

(ACG)Program. The Web site listing the recognized secondary school programs of study for each State for students graduating in 2005 or 2006 is *http://www.ed.gov/admins/finaid/about/ac-smart/state-programs06.html.* The Web site listing the recognized rigorous secondary school programs of study for each State for students graduating in 2007 is *http://www.ed.gov/admins/finaid/about/ac-smart/2007/state-programs-07.html* . Invitational Priority 3 Individual Development or Cooperative Arrangement Development Grants that aim to improve the academic attainment of Hispanic students and other low-income individuals by establishing or improving tutoring, counseling, and student service programs designed to improve student academic success in the following National SMART Grant fields of study as delineated in 34 CFR 691.17: computer science, engineering, technology, life sciences, mathematics, physical sciences and foreign languages, and in particular, for majors and critical foreign languages designated in Dear Colleague Letter GEN-06-15. The Web site for DCL GEN-06-15 is: *http://www.ifap.ed.gov/dpcletters/Gen0615.html.* Invitational Priority 4 Individual Development or Cooperative Arrangement Development Grants that aim to expand educational opportunities of Hispanic students and other low-income individuals by improving or strengthening institutional capacity to evaluate student eligibility for the ACG and National SMART Grant Programs. Invitational Priority 5 Applications that include an external evaluator to assess the project's plan for a rigorous experimental design and evaluation to determine linkages between proposed project interventions and successful outcomes. *Waiver of Proposed Rulemaking:* Under the Administrative Procedure Act (5 U.S.C. 553) the Department generally offers interested parties the opportunity to comment on a competitive preference priority. Section 437(d)(1) of General Education Provisions Act, however, allows the Secretary to exempt from rulemaking requirements, regulations governing the first grant competition under a new or substantially revised program authority. This is the first grant competition for this program since the enactment of the amendments made by the Third Higher Education Extension Act of 2006 and therefore qualifies for this exemption. To make timely grant awards in FY 2007, the Secretary has decided to issue this application notice without first publishing this competitive preference priority for public comment. This competitive preference priority will apply to the FY 2007 grant competition only. *Program Authority:* 20 U.S.C. 1101-1101d, 1103-1103g. *Applicable Regulations:*

(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 81, 82, 84, 85, 86, 97, 98, and 99.

(b)The regulations for this program in 34 CFR part 606. II. Award Information *Type of Award:* Discretionary grant. Five-year Individual Development Grants and Five-year Cooperative Arrangement Development Grants will be awarded in FY 2007. Planning grants will not be awarded in FY 2007. *Estimated Available Funds:* $17,181,510. *Estimated Range of Awards:* $550,000-$713,000. *Estimate Average Size of Awards:* Individual Development Grant: $575,000. Cooperative Arrangement Development Grant: $713,000. *Maximum Awards:* Individual Development Grant: $575,000. Cooperative Arrangement Development Grant: $713,000. We will not fund any application at an amount exceeding these maximum amounts for a single budget period of 12 months. We may choose not to further consider or review applications with budgets that exceed the maximum amounts specified, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount. *Estimated Number of Awards:* Individual Development Grant: 15. Cooperative Arrangement Development Grant: 12. Note: The Department is not bound by any estimates in this notice. Applicants should periodically check the HSI Program Web site, for further information. The address is: *http://www.ed.gov/programs/idueshsi/index.html.* *Project Period:* Up to 60 months. III. Eligibility Information *Eligible Applicants:* IHEs that qualify as eligible HSIs are eligible to apply for new Individual Development Grants and Cooperative Arrangement Development Grants under the HSI Program. To be an eligible HSI, an IHE must—

(2)Be legally authorized by the State in which it is located to be a junior college or to provide an educational program for which it awards a bachelor's degree;

(3)Be designated as an “eligible institution” by demonstrating that it:

(A)Has an enrollment of needy students as described in 34 CFR 606.3; and

(B)has low average educational and general expenditures per FTE undergraduate student as described in 34 CFR 606.4;

(4)Have an enrollment of undergraduate FTE students that is at least 25 percent Hispanic students at the end of the award year immediately preceding the date of application. Effective September 30, 2006, the Third Higher Education Extension Act of 2006, amended section 502(a) of the HEA by requiring that institutions report their undergraduate Hispanic FTE percentage at the end of the award year immediately preceding the date of application. Funds for the HSI Program are awarded each fiscal year, thus, for this program, the end of the award year refers to the end of the fiscal year prior to the application due date. The end of the fiscal year occurs on September 30 for any given year. Therefore, for purposes of making the determination described in paragraph (4), IHEs must report their undergraduate Hispanic FTE percent based on the student enrollment count closest to, but not after, September 30, 2006. The Third Higher Education Extension Act of 2006 also amended section 502(a) of the HEA by eliminating the requirement in the HSI Program that an IHE applying for a grant provide an assurance that not less than 50 percent of the institution's Hispanic students are low-income individuals. The Notice Inviting Applications for Designation as Eligible Institutions for FY 2007 was published in the **Federal Register** on January 8, 2007 (72 FR 760). The HSI eligibility requirements are in 34 CFR 606.2 through 606.5 and can be accessed from the following Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html* . These regulations do not reflect the changes made to the HSI program requirements by the Third Higher Education Extension Act of 2006. Relationship Between HSI and Title III, Part A Programs Note 1: A grantee under the HSI Program, which is authorized by Title V of the HEA, may not receive a grant under any HEA, Title III, Part A Program. The Title III, Part A Programs include: The Strengthening Institutions Program; the American Indian Tribally Controlled Colleges and Universities Program; and the Alaska Native and Native Hawaiian-Serving Institutions Programs. Further, a current HSI Program grantee may not give up its HSI grant in order to receive a grant under any Title III, Part A Program. Note 2: An HSI that does not fall within the limitation described in Note 1 may apply for a FY 2007 grant under all Title III, Part A Programs for which it is eligible, as well as under the HSI Program. However, a successful applicant may receive only one grant. Note 3: An eligible HSI that submits more than one application may only be awarded one Individual Development Grant or one Cooperative Arrangement Development Grant in a fiscal year. Furthermore, we will not award a second Cooperative Arrangement Development Grant to an otherwise eligible HSI for the same award year as the HSI's existing Cooperative Arrangement Development Grant. Note 4: The Department will cross-reference for verification, data reported to the IPEDS, the IHE's State-reported enrollment data, and the institutional annual report. If there are any differences in the percentages reported in the IPEDS and the percentages reported in the grant application, the IHE should justify the differences as a part of its eligibility documentation. 2. *Cost Sharing or Matching:* There are no cost sharing or matching requirements unless the grantee uses a portion of its grant for establishing or improving an endowment fund. If a grantee uses a portion of its grant for endowment fund purposes, it must match those grant funds with non-Federal funds. (20 U.S.C. 1101b(c)(2)). IV. Application and Submission Information 1. *Address to Request Application Package:* J. Alexander Hamilton, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8513. Telephone:

(202)502-7583 or by e-mail: *Josephine.Hamilton@ed.gov* . 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 the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. Page Limits: The application narrative (Part III) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We have established mandatory page limits for both the Individual Development Grant and the Cooperative Arrangement Development Grant applications. You must limit the section of the narrative that addresses the selection criteria to no more than 50 pages for the Individual Development Grant application and 70 pages for the Cooperative Arrangement Development Grant application, using the following standards: • A page is 8.5″ x 11″, on one side only, with 1 inch margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, except titles, headings, footnotes, quotations, references, captions and all text in charts, tables, and graphs. • Use one of the following fonts: Times New Roman, Courier, Courier New or Arial. Applications submitted in any other font (including Times Roman and Arial Narrow) will not be accepted. • Use font size 12. The page limit does not apply to Part I, the application for federal assistance face sheet (SF 424); the supplemental information form required by the Department of Education; Part II, the budget information summary form (ED Form 524); Part III, the Project Abstract and the Five-year Plan; and Part IV, the assurances and certifications. The page limit also does not apply to a table of contents. If you include any attachments or appendices, these items will be counted as part of the Program Narrative (Part III) for purposes of the page limit requirement. You must include your complete response to the selection criteria in the program narrative. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* Applications Available: June 11, 2007. Deadline for Transmittal of Applications: August 10, 2007. Applications for grants under this program must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT . 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. 5. *Funding Restrictions:* We reference the regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. Applicability of Executive Order 13202 Applicants that apply for construction funds under the HSI Program must comply with Executive Order 13202 signed by President Bush on February 17, 2001, and amended on April 6, 2001. This Executive order provides that recipients of Federal construction funds may not “require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other construction project(s)” or “otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations, on the same or other construction project(s).” However, the Executive order does not prohibit contractors or subcontractors from voluntarily entering into these agreements. Projects funded under this program that include construction activity will be provided a copy of this Executive order and will be asked to certify that they will adhere to it. 6. *Other Submission Requirements:* Applications for grants under this program competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the HSI Program (CFDA Number 84.031S) must be submitted electronically using the Government wide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for the HSI Program at: *http://www.Grants.gov* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g. search for 84.031, not 84.031S). Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted, and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all of the steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include

(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);

(2)registering yourself as an Authorized Organization Representative (AOR), and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).* You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition, you will need to update for CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Education Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; and • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: J. Alexander Hamilton, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8513 FAX:

(202)502-7861. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.031S), 400 Maryland Avenue, SW., Washington, DC 20202-4260 or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.031S), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark;

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service;

(3)A dated shipping label, invoice, or receipt from a commercial carrier; or

(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

(1)A private metered postmark; or

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.031S), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department:

(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application.

(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this program are in 34 CFR 606.22. In addition to these selection criteria, we evaluate an applicant's performance under a previous Development Grant under 34 CFR 606.24. 2. *Review and Selection Process:*

(A)Applicants must provide, as an attachment to the application, the documentation the institution relied upon in determining that at least 25 percent of the institution's undergraduate FTE students are Hispanic. Note: The 25 percent requirement applies only to undergraduate Hispanic students and is calculated based upon FTE students. Instructions for formatting and submitting the verification documentation to Grants.gov are in the application package for this competition.

(B)Tiebreaker for Development Grants. In tie-breaking situations for development grants described in 34 CFR 606.23(b), the HSI Program regulations require that we award one additional point to an application from an IHE that has an endowment fund for which the market value per FTE student is less than the comparable average per FTE student at a similar type IHE. We also award one additional point to an application from an IHE that had expenditures for library materials per FTE student that are less than the comparable average per FTE student at a similar type IHE. For the purpose of these funding considerations, we use 2004-2005 data. If a tie remains after applying the tiebreaker mechanism above, priority will be given

(a)for Individual Development Grants, to applicants that addressed the statutory priority found in section 511(d) of the HEA; and

(b)for Cooperative Arrangement Development Grants, to applicants in accordance with section 514(b) of the HEA, where the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant HSI. If a tie still remains after applying the additional point(s), and the relevant statutory priority, we will determine the ranking of applicants based on the lowest endowment values per FTE student. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118, 34 CFR 75.720 and in 34 CFR 606.31. 4. *Performance Measures:* The Secretary has established the following key performance measures for assessing the effectiveness of the HSI Program:

(1)The number of full-time degree-seeking undergraduates enrolled at HSIs.

(2)The percentage of first-time, full-time degree-seeking undergraduate students who were in their first year of postsecondary enrollment in the previous year and are enrolled in the current year at the same institution.

(3)The percentage of first-time, full-time degree-seeking undergraduate students enrolled at four-year HSIs graduating within six years of enrollment.

(4)The percentage of first-time, full-time degree-seeking undergraduate students enrolled at two-year HSIs graduating within three years of enrollment.

(5)Federal cost for undergraduate and graduate degrees at institutions in the Developing HSIs program. VII. Agency Contacts FOR FURTHER INFORMATION CONTACT: J. Alexander Hamilton, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8513. Telephone:

(202)502-7583 or by e-mail: *Josephine.Hamilton@ed.gov* or Carnisia Proctor, Telephone:

(202)502-7606 or by e-mail: *Carnisia.Proctor@ed.gov.* 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 this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department 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.* 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

(FY)2007 Catalog of Federal Domestic Assistance

(CFDA)Number: 84.929C. *Dates:* *Applications Available:* July 11, 2007. *Deadline for Transmittal of Applications:* August 10, 2007. *Deadline for Intergovernmental Review:* September 10, 2007. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* To improve the quality of civic education through the implementation of comprehensive programs to improve public knowledge, understanding, and support of the United States Congress and the State legislatures. *Program Authority:* 20 U.S.C. 6711-6714; Section 20629 of Public Law 110-5, “Division B—Continuing Appropriations Resolution, 2007,” and Title III, Department of Education Appropriations Act, 2006, Safe Schools and Citizenship Education, of Public Law 109-149. *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grant. *Estimated Available Funds:* $2,984,750. *Estimated Range of Awards:* $500,000-$2,984,750. *Estimated Average Size of Awards:* $500,000. *Estimated Number of Awards:* 4-5. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 18 months. III. Eligibility Information 1. *Eligible Applicants:* State educational agencies, local educational agencies, institutions of higher education; and other public and private agencies, organizations, and institutions, or a combination of such entities. 2. *Cost Sharing or Matching:* This competition does not require cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* Rita Foy Moss, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3E247, Washington, DC 20202. Telephone:

(202)205-8061 or by e-mail: *rita.foy.moss@ed.gov.* If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Page Limit:* The application narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You should limit the application narrative to 25 single-sided, double-spaced, 8.5″ x 11″ pages using a font not smaller than 12 point, with 1-inch margins at the top, bottom, left, and right sides. The narrative should follow the format and sequence of the selection criteria. 3. *Submission Dates and Times:* *Applications Available:* July 11, 2007. *Deadline for Transmittal of Applications:* August 10, 2007. Applications for grants under this competition may be submitted electronically using the *http://www.grants.gov.* Apply site (grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* September 10, 2007. 4. *Intergovernmental Review:* This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this competition may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide *http://www.grants.gov.* Apply site. The competition to Improve Public Knowledge of and Support for Democracy, CFDA Number 84.929C, is included in this project. We request your participation in *http://www.grants.gov.* If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for this competition at *http://www.grants.gov.* You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.929, not 84.929C). Please note the following: • Your participation in grants.gov is voluntary. • When you enter the grants.gov Web site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the grants.gov system. You can also find the Education Submission Procedures pertaining to grants.gov at: *http://eGrants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include

(1)Registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);

(2)registering yourself as an Authorized Organization Representative (AOR); and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via grants.gov. In addition you, will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from grants.gov an automatic notification of receipt that contains a grants.gov tracking number. (This notification indicates receipt by grants.gov only, not receipt by the Department.) The Department then will retrieve your application from grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the grants.gov System:* If you are experiencing problems submitting your application through grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with grants.gov, along with the grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the grants.gov system. *b. Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.929C), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA Number 84.929C), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark.

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3)A dated shipping label, invoice, or receipt from a commercial carrier.

(1)A private metered postmark.

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery. * If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.929C), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—

(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this competition are from 34 CFR part 75.210 in EDGAR and are listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to: *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measure:* If funded, applicants will be expected to evaluate the effectiveness of the grant supported activities on improving the knowledge, understanding, and support of the United States Congress and the State legislatures. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Rita Foy Moss, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3E247, Washington, DC 20202. Telephone:

(202)205-8061 or by e-mail: *rita.foy.moss@ed.gov.* If you use a TDD, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(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.* Dated: July 6, 2007. Deborah A. Price, Assistant Deputy Secretary for Safe and Drug-Free Schools. [FR Doc. E7-13472 Filed 7-10-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-504-000] Algonquin Gas Transmission, LLC; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Algonquin Gas Transmission, LLC (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets, to become effective on August 1, 2007: First Revised Sheet No. 519 First Revised Sheet No. 520 First Revised Sheet No. 521. Algonquin submits these tariff sheets in order to address gas quality and interchangeability on its system. Algonquin states that these issues were raised in the context of a proposal to bring large-scale volumes of regasified LNG into the system. Algonquin states that the instant proposal will maximize the number of potential LNG supply sources that may come into its system while minimizing the effects on downstream parties. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13431 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-907-000] Bruce Power Inc.; Notice of Issuance of Order July 3, 2007. Bruce Power Inc. (Bruce Power) 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 and capacity at market-based rates. Bruce Power also requested waivers of various Commission regulations. In particular, Bruce Power requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Bruce Power. On June 29, 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 Bruce Power 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 July 30, 2007. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Bruce Power 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 Bruce Power, 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 Bruce Power'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. E7-13466 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-495-000] CenterPoint Energy—Mississippi River Transmission Corporation; Notice of Proposed Changes in FERC Tariff July 3, 2007. Take notice that on June 27, 2007, CenterPoint Energy Mississippi River Transmission Corporation (MRT), tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets to be effective July 1, 2007: Sixtieth Revised Sheet No. 5. Sixtieth Revised Sheet No. 6. Fifty-Seventh Revised Sheet No. 7. MRT states that these tariff sheets reflect the termination of a supplemental adjustment percentage that went into effect on May 1, 2006 as a result of an Uncontested Settlement Agreement related to MRT's Annual Fuel and LUFG adjustment filing in Docket No. RP05-691-000. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13452 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-404-000] Centerpoint Energy Gas Transmission Company; Notice of Request Under Blanket Authorization July 3, 2007. Take notice that on June 20, 2007, CenterPoint Energy Gas Transmission Company (CEGT), 1111 Louisiana Street, Houston, Texas 77002-5231, filed in Docket No. CP07-404-000, a prior notice request pursuant to sections 157.205 and 157.208 of the Federal Energy Regulatory Commission's regulations under the Natural Gas Act for authorization to replace an existing delivery lateral and increase the line's maximum allowable operating pressure (MAOP), located in Ouachita and Union Counties, Arkansas, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web 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 at *FERCOnlineSupport@ferc.gov* or call toll-free,

(886)208-3676 or TYY,

(202)502-8659. Specifically, CEGT proposes to replace approximately 24.9 miles of Line E, a 12-inch diameter mechanically-coupled pipeline, with approximately 24.9 miles of 12-inch steel welded pipe, install a 10-inch interconnect between Line E and Line SM-23, and install auxiliary facilities including pig launcher and receiver facilities, a 6-inch check meter station and 4-inch regulator, and all other appurtenant facilities necessary. CEGT also requests authorization to increase the MAOP of the proposed replacement segment of Line E from 415 psig to 800 psig. CEGT states that the MAOP increase will enable Line E to operate up to Line SM-23's current MAOP of 800 psig. CEGT estimates the cost of construction to be $17,717,876. Any questions regarding the application should be directed to Lawrence O. Thomas, Director-Rate & Regulatory, CenterPoint Energy Gas Transmission Company, P. O. Box 21734, Shreveport, Louisiana 71151, or call at

(318)429-2804. Any person or the Commission's Staff may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and, pursuant to section 157.205 of the Commission's Regulations under the Natural Gas Act

(NGA)(18 CFR 157.205) a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to Section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)

(iii)and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E7-13458 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-200-177] CenterPoint Energy Gas Transmission Company; Notice of Negotiated Rate Filing July 3, 2007. Take notice that on June 28, 2007, CenterPoint Energy Gas Transmission Company

(CEGT)tendered for filing and approval an amendment to a negotiated rate agreement between CEGT and BP Energy Company. The amended agreement will be effective July 1, 2007. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13464 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-200-178] CenterPoint Energy Gas Transmission Company; Notice of Negotiated Rate Filing July 3, 2007. Take notice that on June 28, 2007, CenterPoint Energy Gas Transmission Company

(CEGT)tendered for filing and approval an amendment to a negotiated rate agreement between CEGT and Enbridge Marketing (U.S.), LP. The amended agreement will be effective July 1, 2007. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13465 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-499-000] Central Kentucky Transmission Company; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Central Kentucky Transmission Company (Central Kentucky) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, with a proposed effective date of August 1, 2007: First Revised Sheet No. 385. First Revised Sheet No. 386. First Revised Sheet No. 387. First Revised Sheet No. 388. First Revised Sheet No. 389. Central Kentucky states that it is proposing to revise the pro forma Form of Assignment Agreement to be used by replacement shippers when entering into contracts with Central Kentucky with respect to capacity awarded. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13462 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-509-000] Columbia Gas Transmission Corporation; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Columbia Gas Transmission Corporation (Columbia) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, with a proposed effective date of August 1, 2007: Third Revised Sheet No. 580 Sixth Revised Sheet No. 581 Second Revised Sheet No. 582 Columbia states that it is proposing to revise the pro forma Form of Assignment Agreement to be used by replacement shippers when entering into contracts with Columbia with respect to capacity awarded. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13453 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-507-000] Columbia Gas Transmission Corporation; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Columbia Gas Transmission Corporation (Columbia) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, with an effective date of August 1, 2007: Fifth Revised Sheet No. 105 Third Revised Sheet No. 106 Eighth Revised Sheet No. 108 Second Revised Sheet No. 207 Fifth Revised Sheet No. 217 First Revised Sheet No. 353A Columbia states that it is proposing various revisions to its Tariff in connection with the launch of the new Navigates Electronic Bulletin Board system. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13455 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-508-000] Columbia Gulf Transmission Company; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Columbia Gulf Transmission Company (Columbia Gulf) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, with an effective date of August 1, 2007: Eighth Revised Sheet No. 193. Ninth Revised Sheet No. 194. Columbia Gulf states that it is proposing to revise Section 14.3 of the General Terms and Conditions

(GTC)of its Tariff in order to discontinue the practice (under GTC Section 14.3(e)) of allowing releasing shippers to include in Release Notices a requirement that potential replacement shippers bid on parcels of capacity on both Columbia Gulf and Columbia Gas Transmission Corporation which are being packaged for bidding purposes. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13454 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-500-000] Columbia Gulf Transmission Company; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Columbia Gulf Transmission Company (Columbia Gulf) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, with an effective date of August 1, 2007: Third Revised Sheet No. 391 Fourth Revised Sheet No. 392 Fifth Revised Sheet No. 393 Columbia Gulf states that it is proposing to revise the pro forma Form of Assignment Agreement to be used by replacement shippers when entering into contracts with Columbia Gulf with respect to capacity awarded. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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 email 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13461 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-515-000] Crossroads Pipeline Company; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Crossroads Pipeline Company (Crossroads) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, with an effective date of August 1, 2007: First Revised Sheet No. 585 Second Revised Sheet No. 586 Second Revised Sheet No. 587 First Revised Sheet No. 588 First Revised Sheet No. 589 Crossroads states that it is proposing to revise the pro forma Form of Assignment Agreement to be used by replacement shippers when entering into contracts with Crossroads with respect to capacity awarded. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13444 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-632-023] Dominion Transmission, Inc.; Notice of Fuel Report July 3, 2007. Take notice that on June 27, 2007, Dominion Transmission, Inc.

(DTI)tendered for filing its informational fuel report. DTI states that the fuel report details DTI's System Gas Requirements and gas retained or otherwise obtained for the twelve-month period ending March 31, 2007. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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 July 10, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-13463 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER07-749-000; ER07-749-001] Dyon, LLC.; Notice of Issuance of Order. July 3, 2007. Dyon, LLC

(Dyon)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. Dyon also requested waivers of various Commission regulations. In particular, Dyon requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Dyon. On July 2, 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 Dyon 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 August 1, 2007.* Absent a request to be heard in opposition to such blanket approvals by the deadline above, Dyon 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 Dyon, 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 Dyon'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. E7-13435 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-512-000] El Paso Natural Gas Company; Notice of Pathing and Segmentation Report July 3, 2007. Take notice that on June 29, 2007, El Paso Natural Gas Company

(EPNG)tendered for filing its one year report of pathing and segmentation activity. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13446 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-511-000] El Paso Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, El Paso Natural Gas Company

(EPNG)tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1-A, the tariff sheets listed in Appendix A to the filing, effective January 1, 2008. EPNG states that these tariff sheets are filed to propose provisions for a non-critical condition daily scheduling penalty, which will apply toward packs and drafts of EPNG's pipeline system, taking into account certain procedures and safe harbor tolerance levels. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13447 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-904-000] FPL Energy Point Branch, LLC; Notice of Issuance of Order July 3, 2007. FPL Energy Point Branch, LLC (FPLE Point Branch) 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. FPLE Point Branch also requested waivers of various Commission regulations. In particular, FPLE Point Branch , requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by FPLE Point Branch. On June 26, 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 FPLE Point Branch 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 25, 2007.* Absent a request to be heard in opposition to such blanket approvals by the deadline above, FPLE Point Branch 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 FPLE Point Branch, 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 FPLE Point Branch'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. E7-13433 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-503-000] Hardy Storage Company, LLC; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Hardy Storage Company, LLC (Hardy) tendered for filing as part of its FERC Gas Tariff, Original Revised Volume No. 1, the following tariff sheets, with an effective date of August 1, 2007: First Revised Sheet No. 232 First Revised Sheet No. 233 First Revised Sheet No. 234 First Revised Sheet No. 235 Hardy states that it is proposing to revise the pro forma Form of Assignment Agreement to be used by replacement shippers when entering into contracts with Hardy with respect to capacity awarded. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13451 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-892-000] Louis Dreyfus Energy Services, L.P.; Notice of Issuance of Order July 3, 2007. Louis Dreyfus Energy Services, L.P. (Louis Dreyfus) 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. Louis Dreyfus also requested waivers of various Commission regulations. In particular, Louis Dreyfus requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Louis Dreyfus. On June 29, 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 Louis Dreyfus 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 30, 2007. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Louis Dreyfus 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 Louis Dreyfus, 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 Louis Dreyfus' 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. E7-13432 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-514-000] MIGC, Inc.; Notice of Compliance Filing July 3, 2007. Take notice that on June 29, 2007, MIGC, Inc.

(MIGC)tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Twelfth Revised Sheet No. 6, to become effective August 1, 2007. MIGC asserts that the instant tariff sheet is being submitted in compliance with Section 25 of MIGC's FERC Gas Tariff, First Revised Volume No. 1, which provides for MIGC to file revised fuel retention and loss percentage factors (FL&U factors) each year. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13445 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-919-000] Mint Farm Energy Center, LLC; Notice of Issuance of Order July 3, 2007. Mint Farm Energy Center, LLC (Mint Farm) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Mint Farm also requested waivers of various Commission regulations. In particular, Mint Farm requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Mint Farm. On June 26, 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 Mint Farm 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 July 27, 2007. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Mint Farm 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 Mint Farm, 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 Mint Farm'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. E7-13438 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP07-406-000, CP07-407-000, CP07-408-000] Monroe Gas Storage Company, LLC; Notice of Filing July 3, 2007. Take notice that on June 26, 2007, Monroe Gas Storage Company, LLC (Monroe Gas), 707 17th Street, Suite 3020, Denver, CO 80202, filed an application for a certificate of public convenience and necessity, pursuant to Section 7 of the Natural Gas Act

(NGA)and Part 157 of the Commission's Rules and Regulations, authorizing Monroe Gas to construct, own, and operate the Monroe Gas Storage Project located in Monroe County, Mississippi (Project). Monroe Gas also seeks approval of its Pro-Forma Gas Tariff and requests authorization to charge market-based rates for the proposed storage services. Additionally, Monroe Gas requests a blanket certificate authorizing Monroe Gas to engage in certain self-implementing routine activities under Part 157 and a blanket certificate authorizing Monroe Gas to provide open-access non-discriminatory firm and interruptible natural gas storage services and unbundled sales services on behalf of others. The Project will provide up to 12.0 Bcf of working gas storage capacity, as well as provide up to 465 MMcf/d of delivering and withdrawing gas. The application 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. The Project will be located within land developed by Grace Petroleum, variously known as the Four Mile or Fourmile Creek Gas Field. The Project consists principally of: Nine new natural gas injection/withdrawal wells, five existing natural gas production wells, a compressor station with three 4,735 hp compressor units, and related pipelines. The proposed project will be connected with the Texas Eastern Transmission Corp. and Tennessee Gas Pipeline Company systems. Monroe Gas proposes to complete construction of the Project by September 30, 2008. Any questions regarding the application are to be directed to William B. Mathews, Monroe Gas Storage Company, 707 17th Street, Suite 3020, Denver, CO 80202. Any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Motions to intervene, protests and comments 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. *Comment Date:* July 24, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-13443 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-501-000] National Fuel Gas Supply Corporation; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, 103rd Revised Sheet No. 9, to become effective June 1, 2007. National states that Article II, Sections 1 and 2 of the settlement provide that National will recalculate the maximum Interruptible Gathering (“IG”) rate semi-annually and monthly. Further, Section 2 of Article II provides that the IG rate will be the recalculated monthly rate, commencing on the first day of the following month, if the result is an IG rate more than 2 cents above or below the IG rate as calculated under Section 1 of Article II. The recalculation produced an IG rate of $1.49 per dth. In addition, Article III, Section 1 states that any overruns of the Firm Gathering service provided by National shall be priced at the maximum IG rate. Pursuant to a posting on its web site, National is currently discounting its IG rate to all shippers to $0.8000 per dth. This discount will remain in effect at least throughout the month of July 2007 and until further notice. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13460 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-875-000] Peetz Table Wind Energy, LLC; Notice of Issuance of Order July 3, 2007. Peetz Table Wind Energy, LLC (Peetz Wind) 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. Peetz Wind also requested waivers of various Commission regulations. In particular, Peetz Wind requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Peetz Wind. On June 26, 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 Peetz Wind 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 July 27, 2007. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Peetz Wind 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 Peetz Wind, 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 Peetz Wind'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. E7-13434 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-510-000] Petal Gas Storage, L.L.C.; Notice of Proposed Changes in FERC Gas Tariff July 5, 2007. Take notice that on June 29, 2007, Petal Gas Storage, L.L.C. (Petal) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets with an effective date of August 1, 2007: Fifth Revised Sheet No. 0 First Revised Sheet No. 100A Fourth Revised Sheet No. 104 Fifth Revised Sheet No. 105 Second Revised Sheet No. 108A Sixth Revised Sheet No. 109 Fifth Revised Sheet No. 110 Seventh Revised Sheet No. 126 Seventh Revised Sheet No. 127 Original Sheet No. 141 Original Sheet No. 142 Fourth Revised Sheet No. 210 Fourth Revised Sheet No. 222 Petal states that the filing is being made to update the General Terms and Conditions of its FERC Gas Tariff. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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 email 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13449 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL00-95-196; Docket No. EL00-98-180] San Diego Gas & Electric Company v. Sellers of Energy and Other Ancillary; Services Into Markets Operated by the California Power Independent System Operator Corporation and the California Power Exchange; Notice of Compliance Filing July 2, 2007. Take notice that on April 24, 2007, APX Inc and the APX Sponsoring Parties submitted a compliance filing as directed by the Commission in an order approving the APX Settlement, *San Diego Gas & Electric* v. *Sellers of Ancillary Serv.,* 118 FERC ¶ 61,168 (2007). The compliance filing was contemplated by the APX/California Parties Term Sheet that was filed with the Commission as Appendix A to the APX/California Parties February 7, 2007 reply Comments on the APX Settlement. 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 July 12, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-13439 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-513-000] Sea Robin Pipeline Company, LLC; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Sea Robin Pipeline Company, LLC, (Sea Robin) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the tariff sheets listed in Appendix A to the filing, to become effective August 1, 2007. Sea Robin states that the primary reason for the filing of the revised tariff sheets is to adjust Sea Robin's rates for gathering and transmission transportation services for a general rate increase. Projected transportation revenues, excluding surcharges, are $22.0 million based on the 12-month period ending February 28, 2007, as adjusted, resulting in a $13.5 million increase when compared with actual revenues. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13448 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-502-000] Texas Eastern Transmission, LP; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1 and First Revised Volume No. 2, revised tariff sheets, as listed on Appendix B to the filing, to become effective August 1, 2007. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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 email 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13459 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-405-000] Texas Gas Transmission, LLC; Notice of Filing July 3, 2007. Take notice that on June 25, 2007, Texas Gas Transmission, LLC (Texas Gas), 3800 Frederica Street, Owensboro, Kentucky 42301, filed an abbreviated application for a certificate of public convenience and necessity, pursuant to Section 7 of the Natural Gas Act

(NGA)and Part 157 of the Commission's Rules and Regulations, authorizing Texas Gas to expand its facilities at Midland Gas Storage Field in Muhlenberg County, Kentucky. The project will provide up to 8.25 Bcf of new firm storage capacity, as well as provide up to 92.2 MMcf/d of increased firm deliverability. The application 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. Texas Gas is seeking a determination that it qualifies for market-based rates. In the event that the Commission does not allow market-based rates for the new storage capacity under either the traditional market power analysis or section 4(f) of the NGA, Texas Gas seeks authorization to construct only the facilities necessary to create approximately 2 Bcf of new storage capacity at the rates reflected in the Precedent Agreement between Texas Gas and its storage customer. For the 2 Bcf expansion, Texas Gas proposes the following activities: —To install a discharge cooler and additional gas dehydration facilities, and to uprate two electric drive compressors (from 1,250 to 1,500 HP each) at the Midland 3 Compressor Station, and —To restage one existing centrifugal compressor at the Slaughters Compressor Station. For the full 8.25 Bcf expansion, Texas Gas proposes the following additional activities: —At the Midland 3 Compressor Station, to install one 5,488 HP Solar Centaur 50gas turbine13 and auxiliary facilities, to retire in place two existing 2,000 HP Delaval reciprocating compressor units, including certain auxiliary facilities, and to construct a 2,900-foot extension of its E-9 16-inch storage lateral. —To construct approximately 11 miles of 30-inch mainline pipeline loop from the discharge side of the Midland 3 Compressor Station to a point near Hanson, Kentucky. —To drill seven horizontal injection/withdrawal wells and install related piping and measurement at Midland. Texas Gas proposes the service dates of November 1, 2008 and November 1, 2009 for the 2 Bcf expansion and 8.25 Bcf expansion, respectively. Any questions regarding the application are to be directed to Kathy D. Fort, Manager of Certificates and Tariffs, Texas Gas Transmission, LLC, 3800 Frederica Street, Owensboro, Kentucky 42301. Any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Motions to intervene, protests and comments 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. *Comment Date:* July 24, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-13442 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-569-000] Transcontinental Gas Pipe Line Corp.; Notice of Informal Settlement Conference July 3, 2007. Take notice that an informal settlement conference will be convened in this proceeding commencing at 9 a.m.

(EST)on Friday July 6, in Hearing Room 1 at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC, 20426, for the purpose of exploring the possible settlement of the above-referenced docket. Any party, as defined by 18 CFR 385.102(c), or any participant as defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to become a party must move to intervene and receive intervenor status pursuant to the Commission's regulations (18 CFR 385.214). FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free 1-866-208-3372 (voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. For additional information, please contact Bill Collins at

(202)502-8248, *william.collins@ferc.gov* or Irene Szopo at

(202)502-8323, *irene.szopo@ferc.gov.* Kimberly D. Bose, Secretary. [FR Doc. E7-13441 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-506-000] Trunkline LNG Company, LLC; Notice of Revenue Surcharge Adjustment July 3, 2007. Take notice that on June 29, 2007, Trunkline LNG Company

(TLNG)tendered a filing pursuant to Section 21 of the General Terms and Conditions of TLNG's FERC Gas Tariff, Second Revised Volume No. 1-A. 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. *Comment Date:* 5 p.m. Eastern Time July 10, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-13456 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-505-000] Trunkline LNG Company, LLC; Notice of Proposed Changes in FERC Gas Tariff July 3, 2007. Take notice that on June 29, 2007, Trunkline LNG Company, LLC

(TLNG)tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1-A, Twelfth Revised Sheet No. 5, with an effective date of August 1, 2007. TLNG states that the filing is being made in accordance with Section 19 (Fuel Reimbursement Adjustment) and Section 20 (Electric Power Cost Adjustment) of the General Terms and Conditions of TLNG's FERC Gas Tariff, Second Revised Volume No. 1-A. 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 in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). 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. Kimberly D. Bose, Secretary. [FR Doc. E7-13457 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL07-78-000] 330 Fund I, L.P., Complainant, v. New York Independent System Operator, Inc., Respondent; Notice of Complaint July 3, 2007. Take notice that on June 29, 2007, 330 Fund I, L.P. (330 Fund), pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824e(a)

(2000)and Rule 206 of the Rules of Practice and Procedure of the Commission's Regulations 18 CFR 385.206 (2006), brings a complaint against the New York Independent System Operator Inc. (NYISO) stating NYISO has violated at least three provisions of the Open Access Transmission Tariff approved by the Commission, including the NYISO's Commission-imposed obligations to timely post information on its Open Access Same-time Information System and Web site. 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. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. 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 July 19, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-13440 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR07-11-000] ExxonMobil Oil Corporation, Complainant, v. SFPP, L.P., Respondent; Notice of Complaint July 3, 2007. Take notice that on June 29, 2007, ExxonMobil Oil Corporation (ExxonMobil), tendered for filing a Complaint against SFPP, L.P. (SFPP), challenging SFPP's 205 index rate increase as unjust and unreasonable. ExxonMobil requests that the Commission review and investigate SFPP's index rate increases; set the proceeding for an evidentiary hearing to determine just and reasonable rates for SFPP; require the payment of reparations and interest starting two years before the date of complaint for all rates; and award such other relief as is necessary and appropriate under the Interstate Commerce Act. ExxonMobil states that copies of the Complaint were served on SFPP, L.P. 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. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. 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 July 19, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-13450 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL07-69-000] Western Systems Power Pool Agreement; Notice of Institution of Proceeding and Refund Effective Date July 3, 2007. On June 21, 2007, the Commission issued an order that instituted a proceeding in the above-referenced docket, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824c, to investigate whether the Western Systems Power Pool Agreement ceiling rate is just and reasonable for a public utility seller in markets in which such seller has been found to have market power or is presumed to have market power. *Western System Power Pool,* 119 FERC ¶ 61,302 (2007). The refund effective date in the above-docketed proceeding, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the **Federal Register** . Kimberly D. Bose, Secretary. [FR Doc. E7-13436 Filed 7-10-07; 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 July 3, 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. Exempt Docket No. Date received Presenter or requester 1. CP06-459-000 6-20-07 Hon. Manuel V. Alvarez. 2. CP06-459-000 6-20-07 Hon. Judy M. Burges. 3. CP06-459-000 6-20-07 Hon. Thomas L. Schoaf. 4. CP06-459-000 6-25-07 Hon. Jennifer J. Burns. 5. CP06-459-000 6-25-07 Hon. John Nelson. 6. CP06-459-000 6-25-07 Hon. Elaine M. Scruggs. 7. CP07-8-000 6-8-07 Steven Ugoretz. Kimberly D. Bose, Secretary. [FR Doc. E7-13437 Filed 7-10-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Colorado River Storage Project—Rate Order No. WAPA-132 AGENCY: Western Area Power Administration, DOE. ACTION: Notice of order temporarily extending transmission and ancillary services rates. SUMMARY: This action is to temporarily extend the existing Colorado River Storage Project

(CRSP)transmission and ancillary services rates through September 30, 2010. The existing transmission and ancillary services rates will expire September 30, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Bradley S. Warren, CRSP Manager, CRSP Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580,

(801)524-6372, e-mail *warren@wapa.gov* , or Ms. Carol Loftin, Rates Manager, CRSP Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580,

(801)524-6380, e-mail *loftinc@wapa.gov.* SUPPLEMENTARY INFORMATION: By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:

(1)The authority to develop power and transmission rates to the Administrator of the Western Area Power Administration (Western);

(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and

(3)the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Federal Energy Regulatory Commission (Commission). The existing rates, contained in Rate Order No. WAPA-99, 1 were approved for 5 years through September 30, 2007. Western is temporarily extending the existing CRSP transmission and ancillary services rates in accordance with 10 CFR part 903.23(b). The existing CRSP rate formula methodology collects annual revenue sufficient to recovery annual expenses (including interest) and capital requirements, thus ensuring repayment of the project within the cost recovery criteria set forth in DOE order RA 6120.2. The temporary extension will permit a concurrent public process and rate approval period for firm electric service, transmission service, and ancillary services. 1 WAPA-99 was approved by the Commission on a final basis on November 14, 2003, in Docket No. EF02-5171-000 (105 FERC ¶ 62,093). Western did not have a consultation and comment period and did not hold public information and comment forums, which in accordance with 10 CFR part 903.23(b) are not required. Following review of Western's proposal within DOE, I hereby approve Rate Order No. WAPA-132 which extends the existing CRSP transmission and ancillary services rates through September 30, 2010. Dated: June 29, 2007. Clay Sell, Deputy Secretary. Department of Energy; Deputy Secretary Rate Order No. WAPA-132 In the Matter of: Western Area Power Administration Rate Extension for Colorado River Storage Project Transmission and Ancillary Services Rates; Order Confirming and Approving a Temporary Extension of the Colorado River Storage Project Transmission and Ancillary Services Rates The transmission and ancillary services rates were established following section 302 of the Department of Energy

(DOE)Organization Act (42 U.S.C. 7152). This Act transferred to and vested in the Secretary of Energy the power marketing functions of the Secretary of the Department of the Interior and the Bureau of Reclamation under the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), and other Acts that specifically apply to the project system involved. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:

(1)The authority to develop power and transmission rates to the Administrator of the Western Area Power Administration (Western);

(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and

(3)the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Federal Energy Regulatory Commission. Background The existing rates, contained in Rate Order No. WAPA-99, were approved for 5 years and are effective through September 30, 2007. Discussion CRSP firm power, transmission, and ancillary services rates were placed into effect in 2002, 2 with expiration in 2007. In 2005, CRSP firm power rates were found to be insufficient, so a new increased firm electric service rate was placed into effect on October 1, 2005, through September 30, 2010. 3 The CRSP transmission and ancillary services rates remained the same, with expiration in 2007. Western is temporarily extending the CRSP transmission and ancillary services rates until 2010 pursuant to 10 CFR part 903.23(b). This will result in the CRSP firm electric, transmission, and ancillary services rates having the same expiration date, and will permit a concurrent public process and rate approval period for those services. The existing transmission and ancillary services rate formula methodologies collect annual revenues sufficient to recover annual expenses (including interest) and capital requirements, thus ensuring repayment of the project costs under the cost recovery criteria set forth in DOE order RA 6120.2. As permitted by 10 CFR part 903.23(b), Western did not have an advanced notice and comment period, and did not hold public information and comment forums on the temporary extension of CRSP transmission and ancillary services rates. 2 Rate Order No. WAPA-99, 67 FR 60656 (Sept. 26, 2002). Approved by the Federal Energy Regulatory Commission

(FERC)on November 14, 2003 (105 FERC ¶ 62, 093). 3 Rate Order No. WAPA-117, 70 FR 47823 (August 15, 2005). Approved by FERC on June 13 2006 (115 FERC ¶ 62,271). Order In view of the above and under the authority delegated to me, I hereby temporarily extend for a period effective from October 1, 2007, through September 30, 2010, the existing rate schedules SP-PTP6, SP-NW2, SP-NFT5, SP-SD2, SP-RS2, SP-EI2, SP-FR2, and SP-SSR2 for transmission and ancillary services. Dated: June 29, 2007. Clay Sell, Deputy Secretary. [FR Doc. E7-13418 Filed 7-10-07; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Western Area Power Administration Consideration of Certain Public Utility Regulatory Policies Act Standards Set Forth in the Energy Policy Act of 2005 AGENCY: Western Area Power Administration, DOE. ACTION: Notice of determination. SUMMARY: As a non-regulated electric utility, the Western Area Power Administration (Western) must consider and determine whether to implement certain standards under the Energy Policy Act of 2005 (EPAct of 2005), which amended the Public Utility Regulatory Policies Act of 1978 (PURPA). Western considered five standards: Net metering, fuel source diversity, fossil fuel generation efficiency, smart metering, and consumer interconnections. After considering the comments received, Western will not adopt the EPAct of 2005 standards for PURPA at this time. DATES: The decision to not adopt these standards is effective August 10, 2007. FOR FURTHER INFORMATION CONTACT: Deborah K. Emler, Desert Southwest Region, Federal Power Programs Manager, 615 S. 43rd Avenue, P.O. Box 6457, Phoenix, AZ 85005-6457, or by telephone

(602)605-2555, or e-mail *emler@wapa.gov.* SUPPLEMENTARY INFORMATION: Western, as a non-regulated electric utility, is subject to Title XII, Subtitle E of the Energy Policy Act of 2005 and is required to consider the implementation of certain PURPA standards. Western was established on December 21, 1977, under the Department of Energy Organization Act of 1977 (DOE Act). The DOE Act transferred to Western the power marketing functions of the Bureau of Reclamation (Reclamation), including the construction, operation, and maintenance of transmission lines and attendant activities. Western sells power to cooperatives, municipalities, public utility districts, private utilities, Federal and State Agencies, Indian tribes, water systems and irrigation districts. Electric power marketed by Western is generated by the hydroelectric resources of Reclamation, the Corps of Engineers, and the International Boundary and Water Commission. Additionally, Western markets the United States' entitlement from the large Navajo coal-fired plant near Page, Arizona. Western's transmission system, totaling approximately 17,000 line miles with over 290 substations, includes several project-specific systems, some of which are interconnected with one another. There are also numerous interconnections between Western's systems and other systems. Geographically, Western's transmission systems operate in 15 states that are generally west of the Mississippi River. Western's obligations to its customers are contractually established. Customer requirements in excess of the power and energy available from Western must be obtained by the customer from other sources. The major projects from which Western markets power include the Boulder Canyon Project, Central Arizona Project, Central Valley Project, Colorado River Storage Project, Colorado River Basin Project, Falcon-Amistad Project, Parker-Davis Project, and the Pick-Sloan Missouri Basin Program. Each of these projects is a separate entity with its own geographic area, power marketing criteria, revenue requirements, and power and energy rates. Consideration of the PURPA standards was on a Western-wide basis, as opposed to a project-by-project or system-by-system basis. A brochure entitled “Preconsideration of Sections 1251, 1252, and 1254 of the Energy Policy Act of 2005” was prepared and made available for public review in September 2006, and posted at *http://www.wapa.gov/dsw/pwrmkt/PURPA/.* A public hearing was held on October 26, 2006, at Western's Corporate Service Office in Lakewood, CO, and written comments on Western's consideration of the standards were received through November 10, 2006. In addition to the publication of this notice, Western's final action will also be made available to the public at *http://www.wapa.gov/dsw/pwrmkt/PURPA/.* Response to Comments Western received comments from three entities within the comment period. Two entities supported Western's initial preconsideration to forego the implementation of the PURPA standards. A third entity expressed a similar agreement with Western's initial assessment regarding fossil fuel generation efficiency standards, (Section 1251(a)(13)), and smart metering, (Section 1252(a)(14)). However, the same entity did express several other concerns. 1. An objection was raised regarding Western's assertion that there was no need for action in response to the net metering standard, (Section 1251(a)(11)). The entity requested a guarantee of net metering services, as opposed to being covered by a broad categorization of Western's primary customers. This commenter represents a group of Federal agencies that are end users of electricity and are not utilities. Applying a net metering standard to a customer served by multiple power suppliers presents unique challenges. Western currently has an ongoing metering issue with a Federal agency customer regarding a renewable energy system that has proven quite difficult to resolve. Western believes that these situations are better dealt with on a case-by-case basis. Western prefers to establish policy on an agency-wide basis and not by exception for a narrow segment of our customer base. However, Western commits to work with its end use customers in a targeted and focused manner to provide assistance in implementing net metering services. 2. In the case of fuel sources, (Section 1251(a)(12)), Western was asked to adopt this standard on a contingent basis. The thought was that if Western's mission changes over the next decade in response to increased demand, the diversification standard would become relevant and should be held as a contingent standard to cover that possibility. Western does not own generation and predominately markets hydroelectric power. Western sees no value in adopting a diverse fuel source standard when Congress has not given us authority to generate power. If Congress authorizes Western to own generating resources at some point in the future, Western will consider implementing a fuel source diversity standard at that time. 3. Regarding interconnection (Section 1254(a)(15)), one commenter indicated substantial interest in energy conservation and was interested in preserving a requirement through the proposed standard that Western aid them, as a retail customer, in adopting energy conservation measures, such as interconnection service to on-site generation facilities. Western is primarily a bulk wholesale electric provider that provides a very limited amount of energy to end-use loads. Western's power is marketed by individual projects primarily to preference customers, most of which are electric utilities. These electric utilities in turn blend the Federal hydropower resource into their resource base and sell it to their retail customers. Those preference customers would principally be responsible for interconnection service “to the local distribution facilities”, as opposed to Western. Western's facilities are primarily bulk transmission system facilities. Western's policies and procedures for interconnections to its power system are set forth in Western's Open Access Transmission Tariff which is on file with the Federal Energy Regulatory Commission. These policies and procedures will be used to manage all interconnection requests that Western receives. Western commits to work with its end use customers as needed on a case-by-case basis to address consumer interconnection issues. 4. One entity indicated that its interests were not represented by the general treatment that has been given to Western's customer base in considering the proposed standards. This commenter stated that the customer had substantial and ongoing renewable energy and energy conservation programs that would be positively impacted by the adoption of the PURPA standards. The guarantees provided under those standards are essential to planning and the viability of renewable energy and conservation programs. For the reasons already expressed in response to comments on the net metering and consumer interconnection standards, Western prefers to establish policy on an agency-wide basis and not by exception for a narrow segment of our customer base. Western intends to support ongoing customer renewable energy and energy conservation in a targeted manner on a case-by-case basis. Environmental Compliance In compliance with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321, *et seq.* ); the Council on Environmental Quality Regulations for implementing NEPA (40 CFR parts 1500-1508); and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western has determined this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Dated: June 29, 2007. Timothy J. Meeks, Administrator. [FR Doc. E7-13417 Filed 7-10-07; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OARM-2006-0835; FRL-8338-4] Agency Information Collection Activities; Proposed Collection; Comment Request; Applicant Background Questionnaire: Race, National Origin, Gender, and Disability Demographics (Renewal); EPA ICR #2248.03; OMB Control Number 2030-0045 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This ICR is schedule to expire on November 30, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before September 10, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OARM-2006-0835 by one of the following methods: • *http://www.regulations.gov* : Follow the on-line instructions for submitting comments. • *E-mail:* *simms.rosyletta@epa.gov* . • *Fax:*

(202)564-4613. • *Mail:* Applicant Background Questionnaire: Race, National Origin, Gender, and Disability Demographics, Environmental Protection Agency, Mailcode: 3600A, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* Office of Environmental Information Docket, 1301 Constitution Avenue, NW., EPA West, Room 3334, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OARM-2006-0835. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://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 *http://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* . FOR FURTHER INFORMATION CONTACT:

(1)Rosyletta Simms, Office of Human Resources, Mail Code MC 3600A, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW., Washington DC, 20460; telephone number:

(202)564-7897; e-mail address: *simms.rosyletta@epa.gov* . Or,

(2)Mirza P. Baig, Office of Civil Rights, Mail Code MC 1201A, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)564-7288; e-mail address: *baig.mirza@epa.gov* . SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OARM-2006-0835, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Office of Environmental Information Docket Room, 1301 Constitution Ave., NW., EPA West, Room 3334, Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Office of Environmental Information Docket is 202-566-0219. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:

(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(ii)Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? *Docket ID No.:* EPA-OARM-HQ-2006-0835. *Affected entities:* Entities potentially affected by this action is any person applying for a job at the U.S. Environmental Protection Agency. *Title:* Applicant Background Questionnaire: Race, National Origin, Gender, and Disability Demographics (Renewal). *ICR numbers:* EPA ICR No. 2248.03. *ICR status:* This ICR is currently scheduled to expire on November 30, 2007. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The purpose of this information collection request is to seek approval to use the Environmental Protection Agency's USAJOBS-EZhire, vacancy announcement and job application system to collect gender, race, national origin and disability information from employees within the agency and outside job applicants. All job applicants, whether internal or external, would be asked to complete, on a voluntary basis, an “ *Applicant Background Questionnaire: Race, National Origin, Gender, and Disability Demographics.* ” The Equal Employment Opportunity Commission Management Directive 715 (MD 715), requires agencies to:

(1)Maintain a system that collects and maintains accurate information on the race, national origin, gender and disability of agency employees in accordance with 29 CFR, paragraph 1614.601);

(2)maintain a system that tracks applicant flow data, which identifies applicants by race, national origin, gender, and disability status and disposition of all applications; and

(3)maintain a tracking system of recruitment activities to permit analyses of these efforts in any examination of potential barriers to equality of opportunity. MD 715 requires agencies to “conduct an internal review and analysis of the effects of all current and proposed policies, practices, procedures and conditions that directly or indirectly,” relate to the employment of individuals with disabilities based on their race, national origin, gender and disabilities. EPA must collect and evaluate information and data necessary to make an informed assessment about the extent to which the Agency is meeting its responsibility to provide employment opportunities for qualified applicants and employees with disabilities, especially those with targeted disabilities. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 28 minutes total. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 32,590 respondents. *Frequency of response:* One time completion of questionnaire per respondent. *Estimated total average number of responses for each respondent:* 32,590. *Estimated total annual burden hours:* 15,209. *Estimated total annual costs:* $83,486. This includes an estimated labor burden cost of $83,486 and no capital/start-up or operations and maintenance costs. Are There Changes in the Estimates From the Last Approval? No. What is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical persons listed under FOR FURTHER INFORMATION CONTACT . Dated: July 3, 2007. Kenneth T. Venuto, Director, Office of Human Resources, Office of Administration and Resources Management. [FR Doc. E7-13421 Filed 7-10-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-TRI-2007-0355; FRL-8338-6] Agency Information Collection Activities, Proposed Collections; Toxic Chemical Release Reporting; Request for Comments on Proposed Renewals of Form R (EPA ICR No. 1363.15, OMB Control No. 2070-0093 ) and Form A Certification Statement (EPA ICR No. 1704.09, OMB Control No. 2070-0143) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that the U.S. Environmental Protection Agency

(EPA)is planning to submit a request to the Office of Management and Budget

(OMB)to renew existing approved Information Collection Requests

(ICRs)for the Toxics Release Inventory

(TRI)reporting Form R and the Form A Certification Statement. Both ICRs are scheduled to expire on January 31, 2008. Before submitting the ICRs to OMB for review and approval, EPA is soliciting public comments on the proposed information collections, incorporating proposed minor changes, as described in this notice. DATES: Comments must be submitted to EPA on or before September 10, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-TRI-2007-0355, by one of the following methods:

(1)U.S. Government Web site for Federal Rulemaking, *http://www.regulations.gov.* Follow the on-line instructions for submitting comments.

(2)E-mail: *oei.docket@epa.gov.*

(3)Fax: 202-566-9744.

(4)Mail: Office of Environmental Information

(OEI)Docket, U.S. Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(5)Hand Delivery: Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the docket's normal hours of operations: 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. *Instructions:* To submit a comment to the docket, direct your comments to Docket ID No. EPA-HQ-TRI-2007-0355. EPA's policy is that all comments received will be included in the public docket without change and will be made available online at *http://www.regulations.gov,* including any personal information that has been provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information for which disclosure is restricted by statute. Do not submit information that is considered to be CBI or otherwise protected information through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comments. 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. When preparing electronic files, avoid using special characters or any form of encryption and ensure that the electronic files to be submitted are 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.* FOR FURTHER INFORMATION CONTACT: Cassandra Vail, Toxics Release Inventory Program Division, Office of Information Analysis and Access, Office of Environmental Information, U.S. Environmental Protection Agency, Mail Code 2844T, 1200 Pennsylvania Ave., NW., Washington, DC 20460; phone number, 202-566-0753; fax number, 202-566-0741; e-mail, *vail.cassandra@epa.gov.* SUPPLEMENTARY INFORMATION: How Can I Access the Docket? EPA has established a public docket for the ICRs described in this notice under Docket ID No. EPA-HQ-TRI-2007-0355, which is available for online viewing at *http://www.regulations.gov.* Go to *http://www.regulations.gov* to obtain a copy of the proposed collections of information, to submit or view public comments, to obtain an index of the docket contents, and to obtain those documents in the public docket that are available electronically. Once in the system, select “search,” then enter the docket ID number identified in this document. The docket is also available for viewing in person at the OEI Docket, EPA Docket Center (EPA/DC), U.S. EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The phone number for the Reading Room is 202-566-1744, and the phone number for the OEI Docket is 202-566-1752. In Which Information Is EPA Particularly Interested? Pursuant to section 3506(c)(2)(a) of the Paperwork Reduction Act (PRA), EPA specifically solicits comments and information to enable it to:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting the electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. EPA is also particularly interested in comments regarding the changes the Agency is proposing to the TRI reporting forms and instructions. See below for a description of the changes that EPA is proposing to make to the ICRs for TRI (i.e., under section “Are There Changes in the Burden Estimates from the Last Approval?”). What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments:

(1)Explain your views as clearly as possible and provide specific examples;

(2)Describe any assumptions that you used;

(3)Provide copies of any technical information and/or data you used that support your views;

(4)If you estimate the potential burden hours or labor costs, explain how you arrived at your estimates;

(5)Offer alternative ways to improve the collection activity;

(6)Make sure to submit your comments by the deadline identified under DATES ; and

(7)To ensure proper receipt by EPA, identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? This notice provides information on the proposed renewal of two ICRs: One for the TRI Form R (EPA ICR No. 1363.15, OMB Control No. 2070-0093) and the other for the TRI Form A Certification Statement (EPA ICR Number 1704.09, OMB Control Number 2070-0143). Both forms are used extensively throughout the reporting community. *Affected Entities:* Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires owners/operators of facilities that meet all of the following criteria to report to the TRI Program:

(1)The facility has 10 or more full-time employee equivalents (i.e., a total of 20,000 hours or greater; see 40 CFR 372.3); and

(2)The facility is included in an industry sector that is covered by the statute (based on SIC/NAICS codes); and

(3)The facility manufactures (defined to include importing), processes, or otherwise uses any EPCRA section 313 chemical in quantities greater than the established threshold in the course of the calendar year. Federal facilities are also required to report to the TRI Program, as indicated in the instructions and requirements for implementing Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management.” *Title:* Agency Information Collection Activities, Proposed Collections; Toxic Chemical Release Reporting; Request for Comments on Proposed Renewals of Form R (EPA ICR No. 1363.15, OMB Control No 2070-0093) and Form A Certification Statement (EPA ICR Number 1704.09, OMB Control Number 2070-0143). *ICR Status:* The ICRs for the TRI Form R and the TRI Form A Certification Statement are scheduled to expire on January 31, 2008. *Abstract:* EPCRA section 313 requires owners and operators of certain facilities that manufacture, process, or otherwise use any of certain listed toxic chemicals and chemical categories in excess of applicable threshold quantities to report annually to EPA and the states in which such facilities are located on their environmental releases and transfers of and other waste management activities for such chemicals. In addition, section 6607 of the Pollution Prevention Act

(PPA)requires facilities to provide information on the quantities of the toxic chemicals in waste streams and the efforts made to reduce or eliminate those quantities. Annual reporting under EPCRA section 313 and PPA section 6607 provides the public with a useful picture of the total disposition of chemicals at the community level and helps industrial facilities identify pollution prevention and source reduction opportunities. This information, commonly known as the Toxics Release Inventory (TRI), is used extensively by EPA programs and the public. EPA program offices use TRI data, along with other data, to help establish programmatic priorities, evaluate potential exposure scenarios, and undertake regulatory and enforcement activities. Environmental and public interest groups also use the data to better understand toxic chemical releases, to inform the public of toxic chemical releases at the community level, and to engage the public and private sectors in taking action to reduce toxic chemical releases. Industrial facilities and industry associations also use the TRI data to evaluate the efficiency of their production processes and to help monitor their progress in achieving pollution prevention goals. The TRI data are unique in providing a multi-media picture of toxic chemical releases, transfers, and other waste management activities to air, water, and land from the local community level to the national level on a yearly basis. While some media-specific toxic chemical data and related permit data are available from other sources, the chemicals and industry sectors covered, the reporting timeframes, and the degree to which the data are publicly available are not directly comparable to TRI, making it difficult to obtain as comprehensive a picture of toxic chemical releases from other sources as is available from TRI. With TRI, communities, government agencies, and industrial facilities have easy access to quantitative information about the toxic chemicals that are being released, transferred, or otherwise managed as waste at a given location. Facilities that are subject to the TRI reporting requirements must submit their reports for each calendar year by July 1st of the following year. Responses to the collection of information are mandatory (see 40 CFR part 372). Respondents may claim trade secrecy for a chemical's identity as described in section 322 of EPCRA and its implementing regulations in 40 CFR part 350. EPA will disclose information that is covered by a claim of trade secrecy only to the extent permitted by, and in accordance with, the procedures in 40 CFR part 350 and 40 CFR part 2. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9 and are identified on the form and/or instrument, if applicable. *Burden Statement:* The average time required for calculations, form completion, and recordkeeping for Form R, incorporating all of the proposed changes outlined below, is estimated to be 29.7 hours for a non-PBT chemical and 51.4 hours for a PBT chemical. The average time required for calculations, form completion, and recordkeeping for the Form A Certification Statement for a single TRI-listed chemical, incorporating all of the proposed changes outlined below, is estimated to be 20.6 hours for a non-PBT chemicals and 36.0 hours for a PBT chemical. Reporter burden is calculated as the total time, effort, and/or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information; processing and maintaining information; disclosing and providing information; adjusting existing ways to comply with any previously applicable instructions and requirements that have subsequently changed; training personnel to respond to a collection of information; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information. Are There Changes in the Burden Estimates From the Last Approval? OMB approved the ICR for Form R and the ICR for the Form A Certification Statement on March 3, 2006, with an expiration date of January 31, 2008. The ICR for Form R approved at that time reflected a respondent reporting burden of 3,746,590 hours and labor costs of $170,500,000. The ICR for Form A approved at that time reflected a respondent reporting burden of 259,192 hours and labor costs of $11,919,489. Since the last ICR Renewals, EPA published the final TRI Burden Reduction Rule (71 FR 76932; December 22, 2006), which broadened the eligibility criteria for facilities that can utilize the shorter Form A Certification Statement rather than the longer, more-detailed Form R. The TRI Burden Reduction Rule is thus expected to reduce the number of Form Rs and increase the number of Form A Certification Statements that will be submitted by TRI-regulated facilities. On February 20, 2007, OMB approved new burden hour and labor cost figures for the Form R and Form A Certification Statement, in response to the final TRI Burden Reduction Rule. OMB's approvals indicated

(1)a decrease in the total burden hours for Form R from 3,746,590 to 3,344,292—a decrease of 402,298 hours for Form R; and

(2)an increase in the total burden hours for Form A from 259,192 to 538,688—an increase of 279,496 hours for the Form A Certification Statement. OMB's Terms of Clearance stated that the new burden hours reflect “changes in the TRI Burden Reduction Rule, which expands the eligibility for Form A reporting. The increase of 279,496 hours in Form A is more than offset by a 402,298 hour reduction in Form R, for a net burden reduction of 122,802 hours.” (Please note that the figures in the 2006-2008 ICRs, approved in March 2006, were based on the number of RY 2002 TRI forms, which was higher than the number of RY 2005 TRI forms; therefore, the current estimates are higher than they would be if all of the calculations had been based on RY 2005 data. The proposed ICRs for 2008-2010 incorporate RY 2005 data in all of the calculations.) Utilizing the RY 2005 TRI reporting data and updated labor rates throughout the analyses, EPA now estimates the total respondent burden and labor costs for Form R (including the implementation of the TRI Burden Reduction Rule) to be 3,215,715 hours and $160,730,000, not including the proposed changes to the Form R which are outlined below. The changes that the TRI Program is proposing to make to the Form R and reporting instructions are expected to result in a total respondent burden and cost for Form R of 3,216,246 hours and $160,760,000. Utilizing the RY 2005 TRI reporting data and updated labor rates throughout the analyses, EPA now estimates the total respondent burden and labor costs for the Form A Certification Statement (including the implementation of the TRI Burden Reduction Rule) to be 515,284 hours and $25,985,056, not including the proposed changes to the form that are outlined below. The changes that the TRI Program is proposing to make to the Form A Certification Statement and reporting instructions are expected to result in a total respondent burden and cost for Form A of 517,311 hours and $26,062,859. For a detailed explanation of the Agency's estimates of the respondent reporting burden and labor costs, please refer to the proposed Supporting Statements for the Form R and the Form A Certification Statement, which are available in the docket. EPA is proposing changes to the Form R and Form A Certification Statement to standardize and enhance the utility of the data. More specifically, the changes to the forms and instructions (described below) will help the TRI Program better determine its impact on small businesses, allow facilities to provide more detailed information on how they estimate their data, facilitate efficient contact with the appropriate facility personnel, and determine and better understand the reasons for form revisions or withdrawals. 1. *Collect Small Business Information* (Forms R and A). Add fields to both the Form R and the Form A Certification Statement to collect information on whether the reporting facility's parent company is a small business, as defined by the Small Business Administration (SBA). (If the facility does not have a parent company, small business information would be collected on the facility itself and all of its affiliates considered together.) *Rationale:* EPA strives to achieve an appropriate balance between collecting valuable TRI data and reducing the reporting burden on regulated facilities, including small businesses. To date, it has been a time-consuming process to assess the impact of TRI regulatory changes on small businesses, and in some instances, the data needed to determine whether a facility is a small business have not been available to EPA. By collecting small business information about facilities directly on the TRI reporting forms, the TRI Program will be better able to determine the impacts of potential TRI regulatory changes on small businesses more quickly and accurately. 2. *Provide More Specific “Basis of Estimate” Codes* (Form R only). Provide more “basis of estimate” codes in the TRI Reporting Forms and Instructions

(RFI)for use on Form R which facilities can use to indicate the principal method used to determine the quantities reported to the TRI Program. *Rationale:* Facilities may currently select among four codes to indicate how they calculate their release quantities: The use of monitoring data (code M), mass balance calculations (C), emission factors (E), and other approaches (O). EPA is proposing to provide more specific codes in the RFI which would allow the facilities to provide better information on the “basis of estimate.” For example, with the proposed changes, facilities could use a different code for continuous monitoring than for periodic or random monitoring. In addition, the new set of codes would make the TRI “basis of estimate” codes comparable to the codes used by the Canadian government, thereby making it easier to analyze and compare data between the United States and Canada. 3. *Enhance the Point of Contact Information* (Form R and/or Form A, as noted below). a. Provide a field on the Form R and Form A for “Form Preparer,” for use by a facility if the form preparer is a different individual than the “Technical Contact.” *Rationale:* When questions arise about a facility's data submission, the TRI Program may wish to contact the facility to clarify the information. In a number of instances in the past, TRI Program staff have contacted the “Technical Contact” listed on a facility's form and been asked to contact another individual who prepared the form on the facility's behalf. By adding a field for “Form Preparer,” the TRI Program staff will be able to contact the appropriate individual depending on the nature of the question or issue. The “Form Preparer” does not need to be the same individual as either the “Technical Contact” or the individual who certifies and signs the form, and the “Form Preparer” does not necessarily need to be someone at the location of the reporting facility. b. Add an e-mail address field for the “Public Contact” to Form R. *Rationale:* Providing an e-mail address will make it easier to contact and follow-up with the “Public Contact” if necessary. c. Add a field for the “Public Contact Name” to Form A, along with associated telephone number and e-mail address fields. *Rationale:* Adding a “Public Contact” field to the Form A will provide the name of a person who can respond to questions from the public about the Form A Certification Statement. It will also make the Form A contact information more consistent with the information provided on Form R. 4. *Add Boxes for Entering Revision Codes* (Forms R and A). Provide boxes on the Form R and Form A where up to two codes (which will be listed and defined in the Reporting Forms and Instructions) can be entered to indicate the main reason(s) that a form is being revised. *Rationale:* The TRI Program currently receives many form revisions each year, but does not currently collect information on the reasons for the revisions. The new revision codes will allow both the public and the TRI Program to better understand why a facility resubmitted a form. In addition, by analyzing the reasons for revisions, the TRI Program may be better able to address recurring reporting issues or problems that facilities may be facing, ultimately reducing errors and saving time for both the Agency and the reporting facilities. 5. *Provide a Field for Withdrawing a Form, and Add Boxes for Entering Withdrawal Codes* (Forms R and A). Provide a new field, along with boxes where up to two codes can be entered, on the Form R and Form A so that facilities can use the forms to withdraw a previous report, if appropriate, and indicate the main reason(s) for the withdrawal. *Rationale:* Currently, a facility that wishes to withdraw a previously submitted form must submit its request, including the rationale, as a hard copy memo to the TRI Data Processing Center via regular mail, certified mail, or overnight delivery. The addition of a “Withdrawal” field and the associated code boxes to the Form R and Form A will make it easier for the TRI Program to automate the withdrawal process and then to analyze the reasons for withdrawals more efficiently. Taken together, the form changes described above will help the TRI Program better determine its impact on small businesses, enhance the information provided on estimation methods, facilitate contact with the appropriate facility personnel, and better understand and analyze the form revision and withdrawal processes. The total burden increase that would result from the changes outlined above would be relatively small compared to the overall information collection burden, and this small increase would be negligible in comparison to the total burden reduction that resulted from the final TRI Burden Reduction Rule. Based on calculations using RY 2005 data, the total burden hours for the 2008-2010 ICRs (i.e., considering the Forms R and A together) would be

(1)reduced by 3.5% due to the final TRI Burden Reduction Rule and

(2)modestly increased by .16% due to the proposed revisions of the reporting forms and instructions. What Is the Next Step in the Process for These ICRs? EPA will consider the comments received on the proposed information collections and revise the ICRs as appropriate. The final ICR packages will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will publish another **Federal Register** notice for each ICR pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICRs to OMB and the opportunity for the public to submit additional comments to OMB. If you have any questions about these ICRs or the approval process, please contact the individual listed under FOR FURTHER INFORMATION CONTACT . Dated: July 3, 2007. Mike Flynn, Office Director, Office of Information Analysis and Access, Office of Environmental Information. [FR Doc. E7-13425 Filed 7-10-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2007-0378; FRL-8135-2] Agency Information Collection Activities; Proposed Collection; Comment Request; TSCA Section 402 and Section 404 Training and Certification, Accreditation and Standards for Lead-Based Paint Activities; EPA ICR No. 1715.09, OMB Control No. 2070-0155 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq* .), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This ICR, entitled: “TSCA Section 402 and Section 404 Training and Certification, Accreditation and Standards for Lead-Based Paint Activities” and identified by EPA ICR No. 1715.09 and OMB Control No. 2070-0155, is scheduled to expire on February 29, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. DATES: Comments must be received on or before September 10, 2007. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPPT-2007-0378, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA-HQ-OPPT-2007-0378. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is

(202)564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2007-0378. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://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 regulations.gov or e-mail. The regulations.gov website 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 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 docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. 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 electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is

(202)566-1744, and the telephone number for the OPPT Docket is

(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Doreen Cantor, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)566-0486; fax number:

(202)566-0471; e-mail address: *cantor.doreen@epa.gov* . SUPPLEMENTARY INFORMATION: I. What Information is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility. 2. Evaluate the accuracy of the Agency's estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. 3. Enhance the quality, utility, and clarity of the information to be collected. 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. II. What Should I Consider when I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the collection activity. 7. Make sure to submit your comments by the deadline identified under DATES . 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. III. What Information Collection Activity or ICR Does this Action Apply to? *Affected entities* : Entities potentially affected by this action are persons who provide training in lead-based paint activities, persons who are engaged in lead-based paint activities, and state agencies that administer lead-based paint activities. *Title* : TSCA Section 402 and Section 404 Training and Certification, Accreditation and Standards for Lead-Based Paint Activities. *ICR numbers* : EPA ICR No. 1715.09, OMB Control No. 2070-0155. *ICR status* : This ICR is currently scheduled to expire on February 29, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract* : This information collection applies to reporting and recordkeeping requirements found in sections 402 and 404 of the Toxic Substances Control Act

(TSCA)and applicable regulations at 40 CFR part 745. The purposes of the requirements under TSCA section 402 are to ensure that individuals conducting activities that prevent, detect, and eliminate hazards associated with lead-based paint in residential facilities, particularly those occupied or used by children, are properly trained and certified, that training programs providing instruction in such activities are accredited, and that these activities are conducted according to reliable, effective and safe work practice standards. The TSCA section 404 regulations include reporting and recordkeeping requirements that apply to states and Indian tribes that seek Federal authorization to administer and enforce state and tribal programs that regulate lead-based paint activities based on the TSCA section 402 regulations. The overall goals of the TSCA section 402 and section 404 regulations and the reporting and recordkeeping requirements found therein are to ensure the availability of a trained and qualified workforce to identify and address lead-based paint hazards in residences and to protect the general public from exposure to lead hazards. Responses to the collection of information are mandatory (see 40 CFR part 745). Respondents may claim all or part of a document confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. *Burden statement* : The annual public reporting and recordkeeping burden for this collection of information is estimated to range between 0.28 hours and 80 hours per respondent, depending on the type of respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of this estimate, which is only briefly summarized here: *Estimated total number of potential respondents* : 25,500. *Frequency of response* : Annual. *Estimated total average number of responses for each respondent* : 1. *Estimated total annual burden hours* : 774,740 hours. *Estimated total annual costs* : $28,792,102. This includes an estimated burden cost of $28,792,102 and an estimated cost of $0 for capital investment or maintenance and operational costs. IV. Are There Changes in the Estimates from the Last Approval? There is a net increase of 333,927 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects EPA's revised estimates of the number of respondents and/or the number of events for which respondents must provide information. Please refer to the Supporting Statement for a detailed explanation of the change in burden. This change is an adjustment. V. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . List of Subjects Environmental protection, Reporting and recordkeeping requirements. Dated: July 2, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E7-13430 Filed 7-10-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0556; FRL-8138-5] Copper 8-Quinolinolate Risk Assessment; Notice of Availability and Risk Reduction Options AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's risk assessment, and related documents for the pesticide copper 8-quinolinolate, and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision

(RED)for copper 8-quinolinolate through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before September 10, 2007. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2007-0556, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2007-0556. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://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 regulations.gov or e-mail. The Federal regulations.gov website 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the 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. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. 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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: K. Avivah Jakob, Antimicrobials Division (7501P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-1328; fax number

(703)308-8481; e-mail address: *jakob.kathryn@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? EPA is releasing for public comment its human health and environmental fate and effects risk assessments and related documents for copper 8-quinolinolate, and soliciting public comment on risk management ideas or proposals. Copper 8-quinolinolate is currently registered as an active ingredient and is used as an algaecide, bactericide and fungicide. EPA developed the risk assessment and risk characterization for copper 8-quinolinolate through a modified version of its public process for making pesticide reregistration eligibility and tolerance reassessment decisions. Through these programs, EPA is ensuring that pesticides meet current standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). Copper 8-quinolinolate is used as a materials preservative and as a wood preservative. The following materials contain copper 8-quinolinolate as a preservative: Industrial textiles intended for the treatment of webbing, tenting, rope, canvas, leather, industrial cotton, industrial fabrics and clothing worn by the military. These textile uses are intended for military use. Other material preservation uses include in-can paint preservation, pulp and paperboard, kraft paper, adhesives and glues. Copper 8-quinolinolate is used as an industrial wood preservative to control sapstain and to protect against mold and mildew in soft-wood or hard-wood lumber. It can also protect against insect damage for wood used mainly above ground. As a wood preservative copper 8-quinolinolate is used as a wood surface coating (e.g., water repellents applied via brush, roller or spray). Copper 8-quinolinolate is impregnated into wood via non-pressure (e.g., non-pressure dipping/immersion) and pressure techniques (vacuum/empty-cell). The products can be used on many different types of wood including green or fresh cut/debarked lumber, poles, posts, and timbers; manufactured wood products such as logs (e.g., log home construction), plywood and particle board (wood composites); dry lumber; and finished wood products such as millwork, shingles, siding, plywood and structural lumber. The majority of the products are intended for use at wood treatment facilities. EPA is providing an opportunity, through this notice, for interested parties to provide comments and input on the Agency's risk assessment for copper 8-quinolinolate. Such comments and input could address, for example, the availability of additional data to further refine the risk assessments, such as wood leaching data; confirmatory data to support wood treatment use; confirmatory inhalation toxicity data; or could address the Agency's risk assessment methodologies and assumptions as applied to this specific pesticide. Through this notice, EPA also is providing an opportunity for interested parties to provide risk management proposals or otherwise comment on risk management for copper 8-quinolinolate. Risks of concern associated with the use of copper 8-quinolinolate are: Occupational handler exposure and risks of concern resulting from wood preservation (via brush, low pressure sprayer and liquid pump), paper preservation (via liquid pump and liquid pour), textile preservation (via liquid pour) and application of treated paint (via airless sprayer); residential application of treated paint (via airless sprayer); residential post-application risks of concern resulting from treated tents; residential post-application aggregate exposure and risks of concern resulting from treated outdoor surfaces, treated textiles and treated wood products. In targeting these risks of concern, the Agency solicits information on effective and practical risk reduction measures. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical, unusually high exposure to copper 8-quinolinolate, compared to the general population. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these programs, the Agency is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of the issues, and degree of public concern associated with each pesticide. For copper 8-quinolinolate, a modified, 4-Phase process with 1 comment period and ample opportunity for public consultation seems appropriate in view of its refined risk assessment. However, if as a result of comments received during this comment period EPA finds that additional issues warranting further discussion are raised, the Agency may lengthen the process and include a second comment period, as needed. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. Comments will become part of the Agency Docket for copper 8-quinolinolate. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA as amended directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product-specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review was completed by August 3, 2006. List of Subjects Environmental protection, Antimicrobial, Cooper 8-quinolinolate, Pesticides and pests. Dated: July 2, 2007. Frank Sanders, Director, Antimicrobials Division, Office of Pesticide Programs. [FR Doc. E7-13333 Filed 7-10-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0134; FRL-8121-8] Aliphatic Alcohols Reregistration Eligibility Decision; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Reregistration Eligibility Decision

(RED)for the pesticide aliphatic alcohols, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the aliphatic alcohols Docket. The aliphatic alcohols subject to this RED include 1-hexanol, 1-octanol, 1-decanol and 1-dodecanol, and are used as a growth regulator for tobacco sucker control, and as a Lepidopteran pheromone in apple and pear orchards. EPA has reviewed aliphatic alcohols through a modified, 1-phase, low risk process with a public comment period following the publication of the RED. Through this process, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before September 10, 2007. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2007-0134, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2007-0134. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://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 regulations.gov or e-mail. The Federal regulations.gov website 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the 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. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. 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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Kevin Costello, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-5026; fax number:

(703)308-8005; e-mail address: *costello.kevin@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(RED)for the pesticide, aliphatic alcohols under section 4(g)(2)(A) of FIFRA. The aliphatic alcohols subject to this RED include 1-hexanol, 1-octanol, 1-decanol and 1-dodecanol, and are used as a growth regulator for tobacco sucker control, and as a Lepidopteran pheromone in apple and pear orchards. EPA has determined that the data base to support reregistration is substantially complete and that products containing aliphatic alcohols are eligible for reregistration, provided the label amendments described in the RED are implemented. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing aliphatic alcohols. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, low human health and ecological risks, and other factors, the aliphatic alcohols were reviewed through a modified, 1-phase, low risk process. The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. The Agency is issuing the aliphatic alcohols RED for public comment. This comment period is intended to provide an opportunity for public input and a mechanism for initiating any necessary amendments to the RED. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. These comments will become part of the Agency Docket for aliphatic alcohols. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. The Agency will carefully consider all comments received by the closing date and will provide a Response to Comments Memorandum in the Docket and regulations.gov. If any comment significantly affects the document, EPA also will publish an amendment to the RED in the **Federal Register** . In the absence of substantive comments requiring changes, the aliphatic alcohols RED will be implemented as it is now presented. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA as amended directs that, after submission of all data concerning a pesticide active ingredient, the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration, before calling in product specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” List of Subjects Environmental protection, Pesticides and pests. Dated: July 2, 2007. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-13332 Filed 7-10-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0181; FRL-8118-4] Notice of Hearing on Request to Reduce Pre-Harvest Interval

(PHI)for EBDC Fungicides on Potatoes AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Hearing. SUMMARY: The EPA is issuing this Hearing Notice under the authority set forth in 40 CFR part 164 subpart D (subpart D hearing). A subpart D hearing is required when a registrant wants to modify an existing cancellation order that was issued after the opportunity for a hearing. In 1992, EPA issued a Notice of Intent to Cancel

(NOIC)registrations containing EBDCs for use on certain crops. The crop at issue for this hearing notice is potatoes. The NOIC stated that use of EBDCs on potatoes would be canceled unless the registrants modified their pesticide product labels. At issue in this notice is the 1992 requirement to extend the preharvest interval

(PHI)to reduce the dietary risk. EPA issued the 1992 NOIC with an opportunity for a hearing. EPA and the registrants reached a settlement, including the agreement to amend labels to extend the PHI to 14 days. The purpose of this notice is to announce that EPA has determined that the petition requesting a modification of the cancellation order has merit and to announce an opportunity for a hearing. DATES: Requests to participate in the hearing announced by this notice must be received by the Office of the Hearing Clerk at the address given below by August 10, 2007. A pre-hearing conference will be held and the evidentiary hearing will commence as soon thereafter as practicable, according the schedule outlined herein. ADDRESSES: Submit your request to participate in the hearing, identified by docket identification

(ID)number EPA-HQ-OPP-2007-0181, by the following method: • Mail: Office of Hearing Clerk, USEPA, 1200 Pennsylvania Ave., N.W., Washington, DC 20460. • Hand delivery: Office of the Hearing Clerk, 1099 14th St., NW., Suite 350, Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Kevin Costello, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-5026; fax number:

(703)308-7070; e-mail address: *costello.kevin@epa.gov* or Michele Knorr, Office of General Counsel, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)564-5631; fax number: e-mail address: *knorr.michele@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information The EPA is issuing this Hearing Notice under the authority set forth in 40 CFR part 164 subpart D (subpart D hearing). A subpart D hearing is required when a registrant wants to modify an existing cancellation order that was issued after the opportunity for a hearing. In 1992, EPA issued a NOIC registrations containing EBDCs 1 for use on certain crops. The crop at issue for this hearing notice is potatoes. The NOIC stated that use of EBDCs on potatoes would be canceled unless the registrants modified their pesticide product labels. At issue in this notice is the 1992 requirement to extend the preharvest interval

(PHI)2 to reduce the dietary risk. EPA issued the 1992 NOIC with an opportunity for a hearing. EPA and the registrants reached a settlement, including the agreement to amend labels to extend the PHI to 14 days. 1 EBDC refers to products containing ethylene bisdithiocarbamate. 2 PHI refers to the number of days between the last application of a pesticide and when the crop can be harvested. On December 26, 1996, the EBDC/ETU Task Force 3 (Task Force) submitted its first request to modify the existing cancellation order for the use of three products containing EBDC on potatoes: mancozeb, maneb, and metiram. In order to reduce otherwise-unacceptable dietary risks, the cancellation order restricted the PHI for potatoes to 14 days in 37 States. 3 The EBDC Task Force represents registrants who hold EBDC registrations. The current members of the Task Force are Dow AgroSciences, DuPont, Griffin, Cerexagri, and BASF. In this request, the Task Force requested that the PHI be reduced from 14 days to 3 days nationwide to address the spread of the late blight disease (Phytophthora infestans) in potatoes. Late blight is a fungal disease that caused the infamous “Irish Potato Famine” in the 1840s. If not adequately controlled, this disease is capable of totally destroying the crop in the field (foliar blight phase) and/or in storage (tuber rot phase). For the foliar phase of the disease, the primary source of inoculum is infected tubers, which are present in cull piles, or remain in the soil after harvest, or are used as seed-pieces for new plantings. Spores produced on foliage and stems during the foliar phase of the disease serve as the primary inoculum for tuber infections, which generally occur prior to harvest. Infected potatoes placed in storage lots can then serve as a source of inoculum for the storage rot phase of the disease. On August 25, 2003, the Task Force resubmitted its request to the Agency as part of the EBDC reregistration process. Subsequently, the Agency informed the Task Force that EPA had to consider the impact of the Food Quality Protection Act of 1996

(FQPA)amendments to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA) before any action could be taken on the request. The Agency decided to consider the request after completion of the Reregistration Eligibility Decision

(RED)process for the EBDCs 4 . To date, EPA has not taken any substantial actions on the Task Force request. This Notice represents EPA's determination that the 2003 request to modify the existing cancellation order merits a subpart D hearing. 4 Mancozeb was first registered in 1948. Maneb was first registered in 1962. Metiram was first registered in 1948. Under subpart D of 40 CFR part 164, the Task Force submission constitutes a petition to modify the final cancellation order concerning EBDC pesticide products. Such a petition may not be granted without an opportunity for a formal adjudicatory hearing in front of an Administrative Law Judge. EPA has concluded that the submissions by the Task Force provide a basis for modification of the order canceling EBDC products. This Notice

(1)announces that EPA has decided to hold a hearing regarding the petition to modify the existing cancellation order as it applies to the use of products containing EBDCs (mancozeb, maneb, and metiram) on potatoes and the allowance of a 3-day, rather than a 14-day PHI,

(2)specifies the issues of fact and law to be considered at that hearing,

(3)identifies what steps interested persons need to take if they wish to participate in the hearing, and

(4)establishes a schedule for the hearing. A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket ID number EPA-HQ-OPP-2007-0181. Publicly Available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/* . II. Background A. What Action is the Agency Taking? The purpose of this document is to announce that the Agency has determined that the petition requesting a modification of the cancellation order has merit and that an opportunity for a hearing is being announced. B. What is the Agency's Authority for Taking this Action? When the Agency receives an application to permit use of a pesticide in a manner inconsistent with a cancellation order issued after a cancellation proceeding has commenced (i.e., after publication of a notice of intent to cancel and receipt of a request for a hearing on that notice), that application will be treated by the Agency as a petition to modify the cancellation order. Because of the opportunity for a formal adjudicatory hearing, which precedes entry of such a final cancellation order, EPA has determined that such an order should not be modified or rescinded without affording interested parties a similar notice and opportunity for hearing concerning such modification or rescission. The procedures governing all applications to modify or reverse a previous final cancellation order are set forth in 40 CFR part 164, subpart D, § 164.130 through 164.133. The Administrator has determined that the applicant has met the criteria for a subpart D hearing. This notice sets forth the determination, the rationale for that determination, a description of the issues of fact and law to be adjudicated in the hearing, and a schedule for the hearing. III. Regulatory History EBDC fungicides currently registered under FIFRA for food uses include mancozeb, maneb, and metiram. The following is a summary of the regulatory history of the EBDCs. In 1977, the Agency initiated a Rebuttable Presumption Against Registration 5 (RPAR), which later became the Special Review Program, based on concerns that EBDCs and ethylene thiourea

(ETU)posed potential significant risks to humans and the environment. In 1982, EPA concluded the RPAR and announced measures designed to mitigate potential unreasonable adverse effects pending the development of additional data. At that time, EPA deferred a decision on one risk of concern, carcinogenicity. The decision was deferred to allow for the development of residue data in order to better characterize the risk. (See 61 FR 42244, August 14, 1996). 5 RPAR was a regulatory review process used prior to Special Review to consider potential risks that might warrant the cancellation of the registration. The regulations were changed in the mid-1980's to review pesticide products (leading to an ultimate determination of whether their use or uses pose unreasonable adverse effects to humans or the environment) and the procedures for the Special Review process. The regulatory changes were based primarily on changes made to FIFRA in 1978 and on the experience acquired by EPA in regulating pesticides pursuant to the RPAR process. See 40 CFR part 154 for the procedures associated with Special Review. In 1987, the Agency placed the EBDCs into Special Review because of concerns that the common metabolite, ETU, could cause carcinogenic and adverse developmental and thyroid effects in humans. The EBDCs metabolize to ETU in the body and all degrade to ETU in the environment. (See 52 FR 27172, July 17, 1987). In response to the Agency placing the EBDCs in Special Review, the four technical registrants of mancozeb, maneb and metiram requested that registrations be maintained for only 13 of the 55 food uses registered at that time and that all other uses be canceled. (See 54 FR 50020, December 4, 1989) Shortly thereafter, the Agency approved the requested amendments. After the approval of the amendments, the Agency issued a Notice of Preliminary Determination 6 (PD 2/3) that proposed canceling the uses on an additional three crops, including potatoes. The Agency received comments in response that recommended mitigation options to allow continued use of EBDCs on potatoes. Among these mitigation options was to “(e)xtend the preharvest interval to 14 days as most growers already observe a 14-day interval,” noting that “(t)he 0-day preharvest interval invites contamination of tubers with fungicide residues,” which could result in unacceptable dietary risks. (See 54 FR 52158, December 20, 1989). As a result of the PD 2/3, the EPA also issued a proposal to revoke and reduce tolerances for the 42 deleted uses plus the additional three uses proposed for cancellation. (See 55 FR 20416, May 16, 1990). 6 The PD 2/3 is the Notice of Preliminary Determination, which was based on information on risks and benefits received in public comments and on additional analyses performed since the Special Review process began. See 40 CFR 154.31. On March 2, 1992, the Agency issued the “Notice of Intent to Cancel and Conclusion of Special Review” (PD 4) 7 concluding that the relatively high estimated dietary risk outweighed the relatively low benefits of the use of EBDCs on potatoes. (See 57 FR 7484, March 2, 1992). In order to allow the use on potatoes to remain, the Agency required certain mitigation language to be included on the label. This included the 14-day PHI for all but nine potato-producing states. Because of the presence of late blight in certain states (Connecticut, Florida, Maine, Massachusetts, New Hampshire, New York, Pennsylvania, Vermont, and Wisconsin), a 3-day PHI for use of EBDCs on potatoes was allowed in those states. The Agency allowed the 3-day PHI in these states because the data on late blight, efficacy of possible alternatives, and residue data allowed EPA to find that the benefits outweighed the risks. (See 57 FR 7484, 7526, March 2, 1992). 7 A PD 4 is issued in accordance with 40 CFR 154.33. The adoption of the 14-day PHI was intended to be consistent with common practice in the other potato growing states at the time. (Ref. 1). The tolerance for the EBDC fungicides was based on EBDC and ETU residues detected in the Market Basket Survey 8

(MBS)of 1989-1990. As part of the Special Review, and in order to conduct a highly refined dietary exposure assessment, the EBDC registrants conducted a large-scale MBS to determine EBDC and ETU residues in a variety of foods as close to the point of consumption as possible (i.e., grocery stores and small markets). The survey was completed in 1990 and used in the Special Review PD 4, which was completed in 1992. The distribution of 14-day and 3-day PHIs was designed to best replicate the conditions under which the residues detected in the MBS occurred. (See 57 FR 7484, March 2, 1992). 8 Samples were purchased at consumer retail outlets and shoppers were instructed to select blemish free commodities in amounts similar to those purchased by typical consumers. The study was conducted over a 1-year period to ensure that seasonal differences in residues would be addressed. The samples were analyzed using methods that are still in use at this time. Subsequently in 1996, the Agency allowed a 3-day PHI for use of EBDCs on potatoes in four additional states (Delaware, Michigan, Ohio, and Rhode Island). At the time the 1992 NOIC 9 was issued, the Agency had no information suggesting that Delaware, Michigan and Ohio had a late blight problem and included those states among the states subject to a minimum 14-day PHI. Subsequent to the NOIC being issued, a group of registrants and growers submitted to the Agency information on late blight supporting a minimum 3-day PHI for Delaware, Michigan, and Ohio. This group requested a hearing to add these three states to the list of states for which a 3-day PHI was permitted. Additionally, at the time the Agency issued the NOIC, EPA believed that the “New England” states as well as some other states had a late blight problem and allowed a minimum 3-day PHI for those states. Rhode Island was erroneously omitted from the list of states. The Agency determined that in the states with substantial late blight occurrence, the benefits outweighed the risks associated with a 3-day PHI and amended the cancellation order. (See 61 FR 42244, August 14, 1996). 9 See, Settlement Agreement in In re: American Food Security Coalition

(AFSC)et al., FIFRA Docket Nos. 646, et al. During the reregistration process, EPA evaluated the 14- and 3-day PHIs as part of the mancozeb, maneb, and metiram REDs, which were completed by September 2005 as part of the FIFRA reregistration process. (Refs. 2, 3, and 4) 10 . The REDs noted receipt of the petition to allow for a 3-day PHI in all states, but the Agency did not address whether the petition warranted a subpart D hearing or if the registration amendment requests would be granted. Through the reregistration process, EPA determined that the exposure that would result from a nationwide 3-day PHI for potatoes would be safe under the FFDCA reasonable certainty of no harm standard (Refs. 5, 6, and 7). In that analysis, the Agency assumed 67% crop treated for the use of EBDCs on potatoes. The 67% crop treated is a conservative overestimate for the actual crop treated. Even assuming a greater conservative and unlikely scenario of 100% crop treated, EPA believes the risk increase would be insignificant. 10 FIFRA section 4 requires EPA to make reregistration eligibility determinations for all older chemicals (those registered before November 1, 1984). The Agency announced these determinations through REDs. IV. Statutory and Regulatory Background A. Standards for Granting or Maintaining a Registration A pesticide product may be registered or remain registered only if it performs its intended pesticidal function without causing “unreasonable adverse effects on the environment.” (FIFRA section 3(c)(5)). “Unreasonable adverse effects on the environment” is defined as “(1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide, or

(2)a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 408 of the [FFDCA].” (FIFRA section 2(bb)). Under FIFRA section 6, the Agency may issue a NOIC the registration of a pesticide product whenever it is determined that the product no longer satisfies the statutory criteria for registration. The Agency may specify particular modifications in the terms and conditions of registration, such as deletion of particular uses or revisions of labeling, as an alternative to cancellation. If an adversely affected person requests a hearing, the final order concerning cancellation of the product is not issued until after a formal administrative hearing. B. Subpart D Proceedings When the Agency receives an application to permit use of a pesticide in a manner inconsistent with a cancellation order issued after a cancellation proceeding has commenced (i.e., after publication of a NOIC and receipt of a request for a hearing on that notice), that application will be treated by the Agency as a petition to modify the cancellation order. Because of the opportunity for a formal adjudicatory hearing, which precedes entry of such a final cancellation order, EPA has determined that such an order should not be modified or rescinded without affording interested parties a similar notice and opportunity for hearing concerning such modification or rescission. The procedures governing all applications to modify or reverse a previous final cancellation order are set forth in 40 CFR part 164, subpart D, § 164.130 through 164.133. As stated previously, 40 CFR 164.131(a) provides that the Administrator will consider modifying a prior final cancellation order when he finds that:

(1)The applicant has presented substantial new evidence which may materially affect the prior cancellation or suspension order and which was not available to the Administrator at the time he made his final cancellation or suspension determination and,

(2)such evidence could not, through the exercise of due diligence, have been discovered by the parties to the cancellation or suspension proceeding prior to the issuance of the final order. In deciding whether or not to initiate a hearing, the Administrator does not need to determine that the evidence submitted by the Task Force would in fact justify modification of the prior order. Rather, a decision to initiate a hearing means only that the Administrator has determined that the evidence submitted, if substantiated on the record in the hearing, may “materially affect” the evidentiary rationale upon which the prior order was based. On the other hand, if the evidence submitted, even if substantiated on the record, would be unlikely to provide a basis for modification of the prior order, then a hearing would serve no purpose. If the Administrator determines that an applicant has met the criteria for a subpart D hearing, the Administrator then publishes a notice in the **Federal Register** setting forth the determination, the rationale for that determination, a description of the issues of fact and law to be adjudicated in the hearing, and a schedule for the hearing. The purpose of the hearing is to determine whether:

(1)Substantial new evidence exists and

(2)such substantial new evidence requires reversal or modification of the existing cancellation order. For purposes of any decision in the hearing, those portions of the substantive rationale for the existing order concerning which the applicant did not submit substantial new evidence are assumed to be correct. Thus, the scope of any subpart D hearing is intrinsically narrower than the original cancellation proceeding. If a hearing is requested, a notice of the hearing will be published in the **Federal Register** announcing the formal public hearing to be held in accordance with 5 U.S.C. 554. In such a hearing, the Administrative Law Judge transmits a recommended decision to the Administrator, who then issues a final decision retaining, modifying, or reversing the existing order. (See 40 CFR 164.131). V. Submissions - Substantial New Evidence Provided by Task Force As stated above, the Task Forces submission constitutes a petition to modify the EBDC cancellation order. In order for the Agency to find that a subpart D hearing is warranted, it must determine:

(2)such evidence could not, through the exercise of due diligence, have been discovered by the parties to the cancellation or suspension proceeding prior to the issuance of the final order. (See 40 CFR 164.131(a)). The Task Forces 2003 petition to reduce the PHI for use of EBDCs on potatoes from 14 days to 3 days nationwide included a number of points described as “substantial new evidence” that could not have been known at the time of the cancellation order. The asserted “substantial new evidence” includes information on the spread of late blight to additional potato-growing states, field trial data for mancozeb and maneb use on potatoes and the Agency's revision of the cancer endpoint for EBDC breakdown product, ETU. A. Spread of Late Blight The Agency has determined that the information submitted by the Task Force concerning the spread of late blight fungal disease nationally is substantial new evidence which supports the adoption of a nationwide 3-day PHI for EBDCs on potatoes beyond the 13 states in which the 3-day PHI is currently in effect. Late blight is a severe fungal disease, which attacks leaves of potato plants in the field, killing the leaves and decreasing the size and number of potato tubers. Late blight also attacks tubers in storage, causing them to rot. Late blight was once controlled by metalaxyl, until metalaxyl resistant strains developed. The disease spreads rapidly by spores, with a new disease cycle occurring every 4 to 6 days. As mentioned above, the Agency was aware of the presence of late blight in nine states when the NOIC was published, and was made aware of its presence in four additional states soon thereafter (Ref. 7), and consequently the Agency determined that it was appropriate to reduce the PHI in those four states as well. The Task Force has since submitted new information that late blight has now spread nationwide. The following is background information on the spread of late blight and why this information is material to allowing a modification to the cancellation order. Until 1989, late blight was very rarely of concern in any potato producing state, due primarily to the fact that metalaxyl products provided virtually 100% control of the foliar phase of the disease. (Ref. 8). The Task Force indicated that by 2003, the Agency had granted FIFRA section 18 emergency exemptions for the use of products to control late blight in 23 states to which the disease had spread since the issuance of the NOIC (Ref. 9). Pesticides for which exemptions were granted included dimethomorph, cymoxanil, and propamocarb hydrochloride. State crop specialists documented the distribution of metalaxyl-resistant forms and grower crop damage incidents associated with the failure of metalaxyl to provide adequate disease control (Refs. 8 and 10). Metalaxyl was thus no longer regarded as an effective control for late blight in potatoes. If late blight is not adequately controlled, this disease is capable of totally destroying a crop of potatoes in the field (foliar blight phase) and\or in storage (tuber rot phase). Generally speaking, the number of infected tubers present at harvest is primarily a function of the level of foliar disease control attained during the growing season, especially during the latter half of the season. At present, even when low levels of tuber infection are detected in a field at harvest, growers typically need to sell potatoes right away, rather than store them and risk losing a large number of stored potatoes (Refs. 8 and 10). Once plants are initially infected, the foliar phase of the disease can rapidly progress by producing multiple generations of spores, which can be transported up to 150 miles in the air as well as locally in water or air. One spore cycle can occur in a 4- to 6-day period. In addition to destroying aboveground plant parts, the foliar blight phase of the disease can cause a significant decrease in the size and number of marketable potatoes. Accordingly, even the planting of a single infected tuber can quickly result in extensive crop losses and a high percentage of tuber infections over a large area (Refs. 8 and 10). The foliar phase of the disease is favored by cool and moist conditions, which commonly occur in most potato production states. Long periods of high relative humidity (over 90%) with night temperatures of 50 to 60° F and day temperatures of 60 to 80° F are favorable for disease development. The spread and control of this disease is complicated by the fact that most fungal forms are also capable of infecting and reproducing on tomatoes as well as certain other solanaceous plants (including certain weeds). It is suspected that the new, sexually reproducing forms of late blight were introduced to the United States through the importation of infected tomatoes from Mexico (Ref.11). The potential for spreading the disease via infected tomato transplants or fruits is of particular concern, in light of the widespread homeowner gardening and composting practices associated with tomatoes. Most of the harvested potatoes in the United States go directly into storage and are gradually released into the marketplace over a period of 1 to 10 months. Many of the existing storage facilities are conducive to the rapid spread of tuber rot, especially during wet or humid weather. Potato late blight specialists agree that, under these storage conditions, even if only a small percentage of any lot of stored potatoes is infected with tuber rot, it is likely that the majority of them will spoil prior to their release into the marketplace. When this occurs, the whole lot is generally considered unmarketable. The stored tuber spoilage problem can be due solely to late blight, or to a series of tuber rots initiated by late blight infected tubers and followed by bacterial soft rots, which develop in response to the anaerobic conditions created by the development of late blight tuber rot (Refs. 8 and 10). B. Field Trial Data As mentioned above, the potential exposure to humans that could result from the use of EBDCs on potatoes was considered during reregistration and was found to meet the standard for reregistration. EPA was able to make this determination because of the new information submitted by the Task Force as well as revised risk assessment methodologies. The residues detected in the 1989-1990 MBS were considered to reflect common practices that included either 14-day or 3-day PHIs for potatoes treated with EBDC fungicides. Additional field trial data submitted by the Task Force in support of its 2003 petition are available for two of the three EBDCs, which further support the establishment of a nationwide 3-day PHI. The following describes the field trial data available for each EBDC chemical. 1. Mancozeb. The Mancozeb Task Force conducted residue trials on potatoes in 1995-1996. A summary of relevant residue data for mancozeb and ETU are presented in Table 1 below. The maximum mancozeb value found in residue studies using the maximum seasonal rate for mancozeb on potatoes with a 3-day PHI was 0.1 parts per million

(ppm)and for a 14-day PHI was 0.02 ppm. The average mancozeb value with a 3-day PHI was 0.02 ppm and with a 14-day PHI was 0.01 ppm. From this newly submitted data, the Agency has now determined that reduction of the PHI to 3 days for the entire United States would not result in mancozeb residues exceeding the reassessed tolerance of 0.2 ppm for potatoes. A separate dietary risk assessment was not required to support the PHI change request because existing dietary assessments used for the EBDC REDs showed no appreciable differences in the residue levels at different pre-harvest intervals. Additionally, as stated earlier, even if the percent crop treated rose from 67% to 100% the resulting increase in risk would be insignificant. Therefore, the Agency found that the use of EBDCs on potatoes with a 3-day PHI would meet the FFDCA safety determination (Ref. 12). EPA used monitoring data from the MBS in the dietary risk assessment for the reregistration eligibility decision. Based on these new field trial data, EPA has now determined that the MBS is representative of the residues that may be expected in potato tubers at PHIs ranging from 3 to 14 days. Low residues are expected because mancozeb is applied to the foliage, and metabolism studies have not shown translocation of mancozeb throughout the plant (Ref. 6). Therefore, it is not surprising that there are minimal residues on the day of application, as the residues would not transport from the potato leaves to the tubers below the ground. The minimal residues that are present on the tubers may be from some soil that adhered to the tuber when harvested. **Table 1.— Summary of Mancozeb Residue Data for Potatoes (MRIDs 44167901, 40913301, and 41091601)** Location Single Application Rate, lb ai/A No. of Applications Seasonal Application Rate, lb ai/A Pre-harvest Intrerval, days Residues Found, ppm Mancozeb ETU CA 1.6 + 2.4 5 11.2 0 <0.05 <0.01 CA 1.6 + 2.4 5 11.2 0 <0.05 <0.01 WI 1.6 7 11.2 3 <0.02 <0.01 FL 1.6 7 11.2 3 0.03 <0.01 FL 1.6 7 11.2 3 0.03 <0.01 PA 1.6 7 11.2 3 <0.02 <0.01 PA 1.6 7 11.2 3 <0.02 <0.01 MO 1.6 7 11.2 3 0.02 <0.01 MO 1.6 7 11.2 3 <0.02 <0.01 MO 1.6 7 11.2 3 0.1 <0.01 MO 1.6 7 11.2 3 0.03 <0.01 NY 1.6 7 11.2 3 <0.02 <0.01 MN 1.6 7 11.2 4 <0.02 <0.01 MN 1.6 7 11.2 4 <0.02 <0.01 CA 1.6 + 2.4 5 11.2 5 <0.05 0.01 CA 1.6 5 11.2 5 <0.05 0.02 CA 1.6 7 11.2 14 <0.02 0.02 CA 1.6 7 11.2 14 0.02 <0.01 WA 1.6 7 11.2 14 <0.02 <0.01 CA 1.6 7 11.2 14 <0.02 0.02 UT 1.6 7 11.2 14 <0.02 <0.01 UT 1.6 7 11.2 14 <0.02 <0.01 ID 1.6 7 11.2 14 <0.02 <0.01 ID 1.6 7 11.2 14 <0.02 <0.01 CA 1.6 + 2.4 5 11.2 15 <0.05 0.03 CA 1.6 + 2.4 5 11.2 15 <0.05 0.02 2. *Maneb* . In response to EPA's requests for data in the late 1980s and early 1990s, one registrant, Elf Atochem North America, Inc. submitted data in 1994 pertaining to the magnitude of maneb residues in or on potatoes. The data were determined to be insufficient to fulfill the total field trial requirement, because “field trials were not conducted in states where a 3-day PHI is allowed.” However, they did indicate that residues of maneb and ETU from maneb will not exceed the established tolerance of 0.1 ppm in or on potatoes harvested 1 day following the last of eight foliar applications of the dry flowable formulation for a total seasonal rate of 12.8 lb active ingredient/Acre (ai/A) because the combined residues of maneb and its metabolite ETU were nondetectable (<0.06 to <0.08 ppm) in or on potatoes (Refs. 13, 14 and 5). Available field trial data for maneb and ETU in or on potatoes were among the data used in conjunction with MBS from 1989-1990 to assess acute and chronic dietary

(food)risk in the 2005 maneb RED. In the 2005 RED, EPA determined that the overall aggregate risk from residues of maneb and ETU on food was determined to be below the Agency's levels-of-concern. The reduction in PHI to 3 days will not change this determination. 3. *Metiram* . The Task Force did not provide new evidence to support a 3-day PHI for use of metiram on potatoes because such data had previously been submitted to the Agency in 1988. This earlier data involved field trials performed in 1987 in seven states to measure the magnitude of metiram and ETU residues on potatoes. The review of these studies shows that “(t)he 80% WP metiram formulation was foliarly applied 10 times (with a 5- to 21-day retreatment interval), to potato plants at 1.6 lb ai/A/application

(1x)using ground equipment. Individual residues of metiram and ETU were <0.10 ppm (nondetectable) and <0.01(nondetectable) to 0.02 ppm, respectively, in or on treated potato tuber samples harvested immediately (0-day) following the last of the above treatment schedule. The maximum residues of metiram in or on potato tubers following treatments at 1x were <0.10 ppm which is below the established tolerance of 0.5 ppm” (Ref. 10). The tolerance was later reassessed and set at 0.2 ppm, which met the FFDCA safety finding as well allowing the Agency to harmonize the tolerance with the Codex maximum residue limit

(MRL)for EBDCs in or on potatoes. Since residues of metiram measured in or on potatoes were below the tolerance level for potatoes harvested immediately after the final treatment, potatoes harvested 3 days after treatment should have residues that are lower and also below the tolerance level. As was stated in the maneb discussion, overall risk from residues of metiram and ETU on food was determined to be below the Agency's levels of concern, and would be expected to remain so if a 3-day PHI for potatoes were established nationwide (Ref. 10). C. Revision of the Cancer Endpoint for ETU The Task Force notes in its 2003 petition that the Q1* 11 for ETU has changed since the 1992 NOIC. If there is evidence, such as tumor formation, and the pesticide is classified as a carcinogen, a quantitative assessment is conducted using a Q1* (non-threshold) or a Margin of Exposure (threshold) approach. The Agency evaluated the risk from ETU in the NOIC using a Q1* of 0.11 milligrams/kilogram/day (mg/kg/day) -1 . The Agency subsequently recalculated the ETU Q1* in 1995, resulting in a Q1* of 0.06 mg/kg/day -1 . As a result of this new assessment endpoint, the Task Force suggests that the reduction in the PHI for use of EBDCs on potatoes would be even less likely to result in exceedances of the Agency's levels of concern. In its reregistration decisions for the EBDCs, using the lower Q1*, EPA found that the level of concern for cancer risk was not exceeded. 11 The Q1*, or cancer slope factor, is an upper bound estimate of the increased cancer risk from a lifetime exposure to an agent. Upper bound in this context is a plausible upper limit to the true probability. The reduction of the Q1* for ETU was significant new evidence that allowed the Agency to make a safety finding for the reregistration of EBDC fungicides. It is important to note that the field trial data alone indicate that residues of ETU on potatoes from application of EBDCs would not be significantly different for PHIs of 3 and 14 days. Therefore, the reduction of the Q1* for ETU is a less compelling argument for reducing the PHI to 3 days as exposure levels show that there are no risks of concern. VI. Risk-Benefit Assessment A. Significance of Substantial New Evidence When the Agency issued the cancellation order for EBDC fungicides in 1992, it allowed a shorter, 3-day PHI for EBDCs on potatoes in nine states in which late blight disease occurred. The Agency was made aware soon thereafter that late blight disease was also present in four states not identified in the cancellation order, and the 3-day PHI was extended to those states to afford the same protection against late season onset of late blight disease through amendments to the cancellation order. The evidence presented by the Task Force that late blight has since spread to almost all potato-growing states, when combined with the scientific finding that the resulting exposures would still meet the “reasonable certainty of no harm” standard set forth in section 408 of the FFDCA, is a compelling justification for extending the 3-day PHI to all states in which EBDCs could be applied to potatoes. It is important to keep in mind that there are also residue data for mancozeb and maneb on potatoes submitted since the cancellation order that support the nationwide adoption of the 3-day PHI. As shown above, the mancozeb field trial data indicate that mancozeb and ETU residues from the use of mancozeb on potatoes were insignificant, and that the concentrations of mancozeb and ETU residues reflecting a 3-day PHI were not significantly different than those reflecting a 14-day PHI. Similarly, maneb field trial data submitted since the cancellation order indicate that ETU residues were undetectable for treated potatoes after both 1-day and 7-day PHIs. These data, in conjunction with previously submitted metiram data showing no ETU residues on potatoes harvested the day of treatment, indicate that adoption of a 3-day PHI nationwide will not meaningfully increase exposure to ETU in or on potatoes. Although the requirements for additional field trials for use of maneb on potatoes are still outstanding because geographic representation was inadequate, the Agency believes it unlikely that the residues resulting from a 3-day PHI in other regions would be sufficiently different to be of concern, based on similar data for mancozeb on potatoes. In modifying the Cancellation Order to change the 14-day PHI from the use of EBDCs on potatoes to 3 days nationwide, the Agency would condition the registration with a requirement that the registrants provide the confirmatory data to fulfill the field trial data requirement (OPP guideline 171-4(k); OPPTS guideline 860.1500). As described above, the reduction of the Q1* for ETU was also “substantial new evidence” but a less compelling argument for modifying the cancellation order because the exposure levels to ETU were not of concern. B. Alternative Control Measures As stated earlier, EBDCs are needed to control the nationwide spread of late blight, because the alternative products that are registered to address late blight are not adequate (Ref. 2). VII. Subpart D Determination Under 40 CFR 164.131(a), the Administrator is to provide a hearing to modify a prior final cancellation decision only if it is determined that certain criteria have been met. Having concluded that the EBDC Task Force has presented substantial new evidence concerning the request to provide for a 3-day PHI nationwide which was not available when the final cancellation order went into effect, the Administrator must now determine whether that evidence “may materially affect” that order. The Administrator has concluded that the new information materially affects whether the cancellation order should be modified because this information allows the Agency to find that a nationwide 3-day PHI meets the FIFRA standard for registration. Thus, the first criterion in 40 CFR 164.131(a) has been met. Information provided by the Task Force on the late blight spread nationwide could not have “through the exercise of due diligence” been obtained before the 14-day restriction was in place as late blight had not yet spread nationwide. When information existed concerning the spread of late blight nationwide and the need for additional tools to combat it, the Task Force submitted the newly obtained information. Therefore, the second criterion in 40 CFR 164.131(a) has also been met. Based on the above analysis and because the Agency believes it is appropriate under this circumstance to modify the cancellation order to allow a 3-day PHI, the Administrator has decided to issue this notice under subpart D to provide an opportunity for a hearing. Since EPA issued its NOIC in 1992, substantial new evidence has been presented to the Agency that supports amendment of the cancellation order to allow all states to have a 3-day PHI for potatoes. The new information focuses on the need for the EBDCs to combat the late blight problem in the United States. For example, metalaxyl-resistant strains of late blight were reported in at least 32 states, which means that resistant strains are currently present in virtually all potato producing states. Additionally, since the pest problem can spread long distances via airborne spores and virtually all states that produce planting stock (seed-potatoes) have documented the presence of metalaxyl-resistant strains; all production states have a high probability of encountering metalaxyl-resistant late blight strains in any given year. Based on the information reviewed, a 3-day PHI is likely to reduce the number of tubers that become infected just prior to harvest and will therefore increase the number of tubers that can be stored. Pursuant to 40 CFR 164.131(c), the Administrator is specifying those issues of fact and law to be adjudicated in the hearing convened pursuant to this notice. Because the purpose of such a hearing is only to consider whether to modify certain aspects of the Administrator's prior cancellation decision and because a prompt conclusion to the hearing is a requisite of meaningful relief for the applicant, the evidentiary presentation in the hearing shall be strictly confined to the issues of fact and law which the Administrator has determined are presented by the Task Force submission. 1. *Issues of fact* . The issues of fact to be adjudicated are: i. What is the current status (nationwide) of late blight on potatoes? ii. Has the occurrence of late blight changed since the initial cancellation order issued in 1992? iii. Are EBDCs necessary to respond to late blight? iv. What are the dietary risks associated with EBDC use on potatoes? 2. *Issues of law* . The issues of law to be adjudicated are: i. Has substantial new evidence been presented pertaining to the request to reduce the nationwide PHI on potatoes to 3 days? ii. If it is substantial new evidence, could the applicant, through due diligence, have discovered this information prior to issuance of the cancellation order? iii. Does the 3-day PHI meet the FIFRA 2(bb) standard? The sole objective of this hearing is to determine whether or not the order canceling all sale, distribution, and use of pesticide products containing EBDCs that do not comply with the current label restriction on the PHI for potatoes should be modified to permit a nationwide 3-day PHI. B. Hearing Requests The applicant and the Agency shall automatically be parties in the hearing. Any other person or party who seeks to participate in the hearing must submit a written hearing request describing the interest of that person or party in the proceeding and the nature and purpose of the participation sought. All requests for a hearing must be received by the Office of the Hearing Clerk within 30 calendar days from the date of publication of this Notice in the **Federal Register** . Such requests must include an identification of the requestor's interest in the proceeding, the hearing issues the requestor wishes to participate in, and the requestor's position with respect to such issue(s). Requests for a hearing must be submitted to: Office of Hearing Clerk, U.S. EPA, 1200 Pennsylvania Ave, N.W., Washington, D.C. 20460. Requests may be hand delivered to the Office of the Hearing Clerk at: 1099 14th St., NW., Suite 350, Washington, DC. C. Scheduling As required by 40 CFR 164.131(c), the Administrator is specifying a schedule for this hearing. In recognition of the narrow scope of the proceeding, the Administrator is establishing the following schedule. However, if no other interested party requests a hearing, the Agency intends to file a motion pursuant to 40 CFR 164.60 requesting that the Administrative Law Judge issue an accelerated decision pursuant to 40 CFR 164.91(a)(8) in favor of modifying the cancellation order as requested. The Chief Administrative Law Judge shall appoint an Administrative Law Judge to preside at this proceeding within 20 calendar days from date of publication of this Notice in the **Federal Register** . The hearing shall commence in Washington, DC as soon thereafter as practicable but in no event later than 40 calendar days from the date of publication of this Notice in the **Federal Register** . The presiding Administrative Law Judge shall transmit recommended findings of fact and conclusions of law and the hearing record to the Administrator within 70 calendar days from the date of publication of this Notice in the **Federal Register** . The parties shall submit any objections to the recommended findings of fact and conclusions of law to the Administrator within 10 business days after issuance, and the Administrator will enter a final order as soon thereafter as practicable. D. Separation of Functions EPA's Rules of Practice forbid anyone who may take part in deciding this case at any stage of the proceeding, from discussing the merits of the proceeding ex parte with any party or with any person who has been connected with the preparation or presentation of the proceeding as an advocate or in any investigative or expert capacity, or with any of his or her representatives (40 CFR 164.7). Accordingly, the following EPA offices, and the staffs thereof, are designated as the judicial staff of EPA in any administrative hearing on this issue: the Office of Administrative Law Judges, the Environmental Appeals Board, the Deputy Administrator, and the members of the staff in the immediate office of the Deputy Administrator, and the Administrator and the members of staff in the immediate office of the Administrator. The following offices are designated as the trial staff in any proceeding which may arise under this Notice: The Office of General Counsel, the Assistant Administrator for the Office of Prevention, Pesticides, and Toxic Substances and immediate staff, the Office of Pesticide Programs, and the Office of Compliance Monitoring. None of the persons designated as the judicial staff may have any ex parte communications with the trial staff or any other interested person not employed by EPA on the merits of any of the issues involved in this proceeding, without fully complying with the applicable regulations. IX. References 1. USEPA, 1992. Ethylene Bisdithiocarbamate (EBDCs); Notice of Intent to Cancel and Conclusion of Special Review [57 FR 7484]. 2. USEPA, 2005e. Reregistration Eligibility Decision

(RED)for Mancozeb. 3. USEPA, 2005d. Reregistration Eligibility Decision

(RED)for Maneb. 4. USEPA, 2005c. Reregistration Eligibility Decision

(RED)for Metiram. 5. USEPA, 1998. Maneb (014505) and Mancozeb (014504) on Onions and Potatoes: Reregistration. Memo from Susan Hummel to R. B. Perfetti, January 6, 1998. 6. USEPA, 2003. Reregistration of Mancozeb: Request to Reduce Pre-Harvest Interval for Potatoes and Waive Processing Study. Memo from C. Olinger to Tawanda Spears, September 7, 2003. 7. USEPA, 2005a. Assessment of the EBDC/ETU Task Forces Request to Reduce the EBDC Fungicides PHI on Potatoes from 14 to 3 Days. Memo from R. Michell and T. Kiely to Tawanda Spears, April 7, 2005. 8. USEPA, 1995. New York State Department of Environmental Conservation Emergency Exemption Requests For The Use of Dimethomorph and Cymoxanil Package Mixtures With Mancozeb (Acrobat M2, Curzate M-8) For Control of Potato Late Blight (95-NY-06, 95-N&Y-07). Memo from J. Hogue and R. Michell to L. Pemberton. 9. EBDC/ETU Task Force, 2003. Re: Amendments to the Registrations of Products Containing Ethylene Bidisthiocarbamates (“EBDCs”) as an Active Ingredient to Change the Preharvest Interval (“PHI”) for Potatoes. Memo from Edward Ruckert to James Jones, August 25, 2003. 10. USEPA, 2005b. Metiram (Chemical ID No. 014601, Case No. 0644) Revised Residue Chemistry Chapter for the Reregistration Eligibility Decision

(RED)Document. Memo from C. Olinger to Tawanda Spears, June 23, 2005. 11. Bookbinder, M.

(1988)Metiram and Ethylene Thiourea: Magnitude of the Residue in Potatoes Treated by Ground Equipment in Colarado, Idaho, Maine, Michigan, North Dakota, Oregon, and Wisconsin, 1987. Unpublished study prepared by Enviro-Bio-Tech, Ltd. 223 p. 12. USEPA, 2001. Reregistration of Mancozeb: Potato Crop Field Trial and Corn Processing Studies. Memo from C. Olinger to Anne Overstreet, March 15, 2001. 13. USEPA, 1988. Reregistration Standard for Maneb. November 10, 1988. 14. USEPA, 1996. Maneb (014505) and Mancozeb (014504) on Onions and Potatoes: Reregistration. Memo from S. Hummel to K. Boyle, September 6, 1996. List of Subjects Environmental protection, Pesticides and pests. Dated: July 2, 2007. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs [FR Doc. E7-13471 Filed 7-10-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0395; FRL-8136-1] Notice of Filing of Pesticide Petition for Residues of Silver as Component of Food Contact Surface Sanitizing Solution AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of a pesticide petition proposing the amendment of regulations at 40 CFR 180.190(a) for residues of antimicrobial pesticide formulation containing silver compounds applied to food contact surfaces in public eating places, dairy processing equipment, and food processing equipment and utensils. DATES: Comments must be received on or before August 10, 2007. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2007-0395 and pesticide petition number (PP 7F7178), by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket telephone number is

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2007-0395. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://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 regulations.gov or e-mail. The Federal regulations.gov website 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the 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. *Docket* : All documents in the docket are listed in the docket 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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Marshall Swindell, PM 33, Antimicrobials Division (7510P), Office of Pesticide Programs, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-6341, e-mail address: *swindell.marshall@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed at the end of the pesticide petition summary of interest. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(a)to include residues of silver applied as a food contact sanitizing solution at a maximum in-use concentration of 50 parts per million to food contact surfaces in or on public eating places, dairy processing equipment, food processing equipment and utensils. The analytical method being used is entitled, “Determination of Silver, Sodium Lauryl Sulfate (SLS), Citric Acid, and Water is Silver Citrate Solutions using Inductively coupled Plasma Chromatography, HPLC, and Weight Loss Upon Drying Techniques.” Contact: Marshall Swindell, Product Manager 33, telephone number:

(703)308-6341, *swindell.marshall@epa.gov* . List of Subjects Environmental protection, Food Contact Sanitizers, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: June 27, 2007. Betty Shackleford, Acting Director, Antimicrobials Division, Office of Pesticide Programs. [FR Doc. E7-13470 Filed 7-10-07; 8:45 am] BILLING CODE 6560-50-S FEDERAL ELECTION COMMISSION Sunshine Act Meeting Notices Previously Scheduled Date and Time: Tuesday, July 10, 2007, meeting closed to the public. This meeting has been rescheduled to Thursday, July 12, 2007, to begin at the conclusion of the open meeting. Date and Time: Thursday, July 12, 2007, at 10 a.m. Place: 999 E Street, NW., Washington, DC (Ninth Floor). Status: This meeting will be open to the public. The Following Item Has Been Added to the Agenda: Report of the Audit Division on DeMint for Senate Committee, Inc. Person to Contact for Information: Mr. Robert Biersack, Press Officer, Telephone:

(202)694-1220. Mary W. Dove, Secretary of the Commission. [FR Doc. 07-3404 Filed 7-9-07; 3:07 pm]

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