Notices. Notice

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BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Mission Statement; Afghanistan International Carpet Fair; August 26-28, 2007 AGENCY: International Trade Administration, Department of Commerce. ACTION: Notice. Mission Description U.S. Secretary of Commerce Gutierrez's priorities for Afghanistan include helping the country develop three sectors in which it has a comparative advantage: rugs, dried fruits and nuts, and mining. The International Trade Administration of the Department of Commerce is organizing a U.S. carpet trade mission to Kabul, Afghanistan for the Afghanistan International Carpet Fair on August 26-28, 2007.

The mission will assist U.S. rug businesses exploring trade and investment opportunities in Afghanistan's rug sector. Assistant Secretary David Bohigian will lead a delegation of U.S.-based executives of U.S. firms interested in pursuing business in Afghanistan's rug sector. The mission will include participation in the Carpet Fair, matchmaking, and a potential site visit to a rug production facility. The mission will reaffirm the U.S. Government's support towards bilateral relations and seek to expand opportunities for U.S. companies in Afghanistan.

Commercial Setting Afghanistan has a comparative advantage in producing hand woven rugs, putting this sector on the cutting edge of the Afghanistan's reintegration into the global economy. Afghanistan's rugs have a rich legacy of artistry and craftsmanship, which has been handed down through many generations. Each type of rug is unique to the location in which it was produced and inspired. Afghanistan produces various types of rugs woven out of wool, silk, and cotton. Due to the current lack of finishing facilities, Afghanistan sends more than eighty percent of its rugs to Pakistan, where they are finished and labeled “made in Pakistan”.

This Trade Mission will enable delegates to explore opportunities for investing in rug producing facilities and exporting textile equipment to Afghanistan. As such, the Mission could play a valuable role in preserving the brand identity of Afghan rugs, by helping producers to finish and export their own rugs. The Afghan Government is helping Afghan rug producers connect their craftsmanship to the world. In conjunction with the U.S. Department of Commerce, the Government of Afghanistan organized two previous delegations of Afghan rug producers to visit the United States.

In July 2006, a delegation visited major retailers and rug importers in New York, Atlanta, and Washington, DC. In February 2007, a second delegation attended the AmericasMart International Area Rug Market in Atlanta, where Afghanistan's rugs were part of a major cultural showcase. This first-ever Afghanistan International Carpet Fair will provide an opportunity for Afghan rug producers and U.S. buyers to network, create business relationships, and allow U.S. buyers to explore investment opportunities in the rug sector.

The Trade Mission presents a unique opportunity for seasoned U.S. rug professionals to partner with Afghan rug producers as Afghanistan strives to re-establish its leadership position in the global rug business. Mission Goals: The mission aims to further U.S. commercial policy objectives and to advance specific U.S. business interests in the U.S. and Afghan rug sectors. The mission will: • Create an opportunity for members of the U.S. rug sector to meet and network with Afghan rug producers; • Allow U.S. rug business delegates to visit Afghan rug producing facilities and explore potential investment opportunities; • Assess the commercial climate of Afghanistan's rug sector as well as export and investment opportunities in Afghanistan; • Encourage continued progress in economic development in Afghanistan.

Mission Scenario: This mission will enable participants to gain access to the Afghan rug market on a large scale. The mission will include VIP participation in the rug show and a potential visit to at least one rug producing facility. Participants will be part of the carpet fair's opening night-VIP reception with high-level Afghan government officials, including President Karzai (to be confirmed). The event will provide opportunities to network with over 70 Afghan rug vendors at the show.

The show will feature a broad range of rugs from Afghanistan's diverse rug producing provinces. Networking will also include one-on-one meetings between the U.S. rug business delegates and Afghan rug producers. Mission Timetable: The precise schedule will depend on the availability of local government and business officials and the specific goals of the mission participants. The tentative trip itinerary will be as follows: Sunday, August 26 Arrive in Kabul Attend opening reception for the Afghanistan International Carpet Fair, Serena Hotel Meet with high-level U.S. and Afghan Government officials Monday, August 27 Attend Afghanistan International Carpet Fair Networking between buyers and sellers One-on-one meetings between buyers and sellers Potential site visit to rug producing facilities Tuesday, August 28 Attend Afghanistan International Carpet Fair Networking between buyers and sellers One-on-one meetings between buyers and sellers Potential site visit to rug producing facilities Wednesday, August 29 Depart Kabul Criteria for Participation and Selection:

We are looking to recruit five to ten delegates from the U.S. rug industry to participate in this mission. Recruitment and selection will be conducted according to the “Statement of Policy Governing Department of Commerce-Overseas Trade Missions” established in March 1997. *Eligibility:* Participating companies must be incorporated or otherwise organized in the United States. *Selection Criteria:* Companies will be selected for participation in the mission on the basis of: • Consistency of company's goals with the scope and desired outcome of the mission; • Relevance of a company's business and product line to the identified growth sectors; • Rank of the designated company representative; • Past, present, or prospective relevant international business activity; • Diversity of company size, type, location, demographics, and traditional under-representation in business; and • Timely receipt of the company's signed and completed application, participation agreement, and participation fee.

Additionally, U.S. exporters applying for this mission, such as rug finishing machinery manufacturers or distributors, must certify that the company's products or services are either produced in the United States, or, if not, are marketed under the name of a U.S. firm and have at least fifty-one percent U.S. content. The production and content requirements do not apply to U.S. buyer and U.S. investor applicants. Recruitment will be conducted in an open and public manner, including publication in the **Federal Register** , posting on the Commerce Department trade missions calendar ( *http://www.ita.doc.gov/doctm/tmcal.html* ), the Afghanistan Investment and Reconstruction Task Force Web site ( *http://www.export.gov/afghanistan* ), and press releases to the general and trade media.

Promotion of the mission will also take place through the involvement of U.S. Export Assistance Centers and relevant trade associations. An applicant's partisan, political activities (including political contribution) are entirely irrelevant to the selection process. The fee to participate in this mission is approximately USD 1,500. The fee will not cover travel expenses, meals or lodging. Recruitment begins immediately and will close on August 8, 2007. Applications received after that date will be considered only if space and scheduling constraints permit.

The mission Web site ( *http://www.export.gov/afghanistan/events* ) will share information as it becomes available. Disclaimer Trade mission members participate in the trade mission and undertake related travel at their own risk and are advised to obtain insurance accordingly. Any question regarding insurance coverage must be resolved by the participant and its insurer of choice. The U.S. Government does not make any representations or guarantees as to the safety or security of participants.

Companies should consult the State Department's travel warning for Afghanistan: *http://travel.state.gov/travel/cis_pa_tw/tw/tw_2121.html.* The Department of Commerce will coordinate with the U.S. Embassy in Kabul to arrange for all transportation of the trade mission participants to and from the hotel and on visits to rug producing facilities. The Serena Hotel is responsible for providing security for the event venue. The Serena Hotel is a luxury hotel and does have security measures in place.

The U.S. Government does not make any representations or guarantees as to the success of the trade mission. Noor Alam, Afghanistan Investment and Reconstruction Task Force, U.S. Department of Commerce, Washington, DC 20230, Tel:

(202)482-1812, Fax:

(202)482-0980, E-mail: *AfghanInfo@ita.doc.gov.* [FR Doc. E7-15202 Filed 8-3-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648 XB46 Fishing Capacity Reduction Program; Bering Sea/Aleutian Islands King and Tanner Crabs AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of fee rate adjustment. SUMMARY: NMFS issues this notice to increase the fee rates for the Bristol Bay red king and Aleutian Islands brown king crab reduction endorsement fisheries to repay the $17,129,957.23 and $6,380,837.19 sub-loans, respectively, of the $97,399,357.11 reduction loan to finance the Bering Sea/Aleutian Islands

(BSAI)King and Tanner Crab fishing capacity reduction program. DATES: The BSAI King and Tanner Crab fishing capacity reduction program fee rate increases will begin on September 5, 2007. ADDRESSES: Send questions about this notice to Leo Erwin, Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282. FOR FURTHER INFORMATION CONTACT: Leo Erwin,

(301)713-2390. SUPPLEMENTARY INFORMATION: I. Background Sections 312(b) through

(e)of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b) through (e)) generally authorizes fishing capacity reduction programs. In particular, section 312(d) authorizes industry fee systems for repaying reduction loans which finance reduction program costs. Subpart L of 50 part 600 is the framework rule generally implementing section 312(b) through (e). Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279f and 1279g) generally authorized reduction loans. The Consolidated Appropriations Act of 2001 (Public Law 106-554) directed the Secretary of Commerce to establish the $100 million fishing capacity reduction program in the BSAI king and tanner crab fishery. Congress amended the authorizing Act twice (Public Law 107 20 and Public Law 107 117), once to change the crab reduction program's funding from a $50 million appropriation and a $50 million loan to a $100 million loan and once to clarify provisions about crab fishery vessels. NMFS adopted the program's implementation rule as § 600.1103 in a subpart M of part 600. NMFS published the BSAI crab reduction program's proposed implementation rule on December 12, 2002 (67 FR 76329) and its final rule on December 12, 2003 (68 FR 69331). On November 24, 2004, NMFS published a **Federal Register** notice (69 FR 68313) advising the public that beginning on December 27, 2004, NMFS would tender the crab reduction program's reduction payments to 25 accepted bidders. NMFS allocated the $97,399,357.11 million reduction loan to six reduction endorsement fisheries involved, as the following subamounts: 1. Bristol Bay red king, $17,129,957.23, 2. BSAI *C. opilio* and *C. bairdi* , $66,410,767.20, 3. Aleutian Islands brown king, $6,380,837.19, 4. Aleutian Islands red king, $237,588.04, 5. Pribilof red king and blue king, $1,571,216.35; and 6. St. Matthew blue king, $5,668,991.10. NMFS published a fee payment collection system implementation rule on September 16, 2005 (70 FR 54653). Fee collection and payment began on October 17, 2005. On May 10, 2006, NMFS published a final rule to exempt any crab landed under the Community Development Quota

(CDQ)Program from the fee regulations for the BSAI King and Tanner Crab Fishing Capacity Reduction Program (71 FR 27209). Anyone interested in the program's full implementation details should refer to these documents. II. Purpose The purpose of this notice is to adjust, in accordance with the framework rule's § 600.1013(b), the fee rates for the BSAI king and tanner crab fishery. Section 600.1013(b) directs NMFS to recalculate the fee rate that will be reasonably necessary to ensure reduction loan repayment within the specified 30 year term. NMFS has determined that the current fee rates for the Bristol Bay red king and Aleutian Islands brown king reduction endorsement fisheries, 1.9 percent and 2.6 percent respectively, are inadequate to service these sub-loans. Therefore, NMFS is increasing the fee rates to 2.5 percent for the Bristol Bay red king crab reduction endorsement fishery, and to 5.0 percent for the Aleutian Islands brown king crab reduction endorsement fishery. NMFS has determined this action for the Bristol Bay red king crab reduction endorsement fishery is necessary to ensure timely loan repayment. NMFS does not expect the Aleutian Island brown king crab reduction endorsement fishery to remain on a timely repayment schedule even with this increase. However, fee rates are capped at 5.0 percent by statute. To provide more accessible services, streamline collections, and save taxpayer dollars, fish buyers may disburse collected fee deposits to NMFS by using a secure Federal system on the Internet known as Pay.gov. Pay.gov enables fish buyers to use their checking accounts to electronically disburse their collected fee deposits to NMFS. Fish buyers who have access to the Internet should consider using this quick and easy collected fee disbursement method. Fish buyers may access Pay.gov by going directly to *Pay.gov* 's Federal website at: *http://www.pay.gov/paygov/* . Fish buyers who do not have access to the Internet or who simply do not wish to use the Pay.gov electronic system, may continue to disburse their collected fee deposits to us by sending their checks to our lockbox. Our lockbox's address is: NOAA Fisheries BSAI Crab Buyback P O Box 979060 St. Louis, MO 63197 9000 Fish buyers must not forget to include with their disbursements the fee collection report applicable to each disbursement. The fee collection report tells NMFS how much of the disbursement it must apply to each of the six reduction endorsement fisheries subamounts. Fish buyers using *Pay.gov* will find an electronic fee collection report form to receive information and accompany electronic disbursements. Fish buyers who do not use Pay.gov must include a hard copy fee collection report with each of their disbursements. Fish buyers not using Pay.gov may also access the NMFS website for an Excel spreadsheet version of the fee collection report at: *http://www.nmfs.noaa.gov/mb/financial_services/buyback.htm* . III. Notice The new rates for the Bristol Bay red king and Aleutian Islands brown king reduction endorsement fisheries will begin on September 5, 2007. From and after this date, all fish sellers paying fees on the Bristol Bay red king and Aleutian Islands brown king reduction endorsement fisheries shall begin paying BSAI crab reduction loan program fees at the revised rates. From and after this date, all fees received by NMFS for the Bristol Bay red king and Aleutian Islands brown king reduction endorsement fisheries shall be subject to the new fee rates, regardless of the applicable fee month. Fee collection and submission shall follow previously established methods in § 600.1013 of the framework rule and in the final fee rule published in the **Federal Register** on September 16, 2005 (70 FR 54654). The revised fees applicable to the BSAI crab reduction program's reduction endorsement fisheries are as follows: REDUCTION ENDORSEMENT FISHERIES CRAB RATIONALIZATION FISHERIES CURRENT FEE RATE NEW FEE RATE Bristol Bay red king BBR 1.9% 2.5% BSAI *C. opilio* and *C. bairdi* BSS, WBT, and EBT 5.0% 5.0% Aleutian Islands brown king EAG and WAG 2.6% 5.0% Aleutian Islands red king WAI 5.0% 5.0% Pribilof red king and Pribilof blue king PIK 5.0% 5.0% St. Matthew Blue SMB 5.0% 5.0% Authority: The authority for this action is 5 U.S.C. 561 and 16 U.S.C. 1801 *et seq.* Dated: July 31, 2007. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. E7-15205 Filed 8-3-07; 8:45 am] BILLING CODE 3510-22-S > DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XB47 Fishing Capacity Reduction Program for the Pacific Coast Groundfish Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of fee rate adjustment. SUMMARY: NMFS issues this notice to increase the fee rate for the Oregon pink shrimp fee-share fishery to repay the $2,228,845 sub-loan of the $35,662,471 reduction loan to finance the Pacific Coast groundfish fishing capacity reduction program. DATES: The Pacific Coast groundfish program fee rate increase for Oregon pink shrimp will begin on September 5, 2007. ADDRESSES: Send questions about this notice to Leo Erwin, Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282. FOR FURTHER INFORMATION CONTACT: Leo Erwin,

(301)713-2390. SUPPLEMENTARY INFORMATION: I. Background Sections 312(b) through

(e)of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)through (e)) general authorizes fishing capacity reduction programs. In particular, section 312(d) authorizes industry fee systems for repaying reduction loans which finance reduction program costs. Subpart L of 50 CFR part 600 is the framework rule generally implementing section 312(b) through (e). Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279f and 1279g) generally authorizes reduction loans. Enacted on February 20, 2003, section 212 of Division B, Title II, of Public Law 108-7 (section 212) specifically authorizes a fishing capacity reduction program for that portion of the limited entry trawl fishery under the Pacific Coast Groundfish Fishery Management Plan whose permits, excluding those registered to whiting catcher-processors are endorsed for trawl gear operation (reduction fishery). The groundfish reduction program's objective was to reduce the number of vessels and permits endorsed for the operation of groundfish trawl gear. The program also involved corollary fishing capacity reduction in the California, Oregon, and Washington fisheries for Dungeness crab and pink shrimp (fee-share fisheries). All post-reduction fish landings from the reduction fishery and the six fee-share fisheries are subject to the groundfish program's fee. NMFS proposed the implementing notice on May 28, 2003 (68 FR 31653) and published the final notice on July 18, 2003 (68 FR 42613). NMFS allocated the $35,662,471 reduction loan to the reduction fishery and to each of the six fee-share fisheries as follows: 1. Reduction fishery, $28,428,719; and 2. Fee-share fisheries: a. California coastal Dungeness crab fishery, $2,334,334, b. California pink shrimp fishery, $674,202, c. Oregon coastal Dungeness crab fishery, $1,367,545, d. Oregon pink shrimp fishery, $2,228,845, e. Washington coastal Dungeness crab fishery, $369,426, and f. Washington pink shrimp fishery, $259,400. Each of these allocations became a reduction loan subamount repayable by fees from the applicable fishery. NMFS published in the **Federal Register** on July 13, 2005 (70 FR 40225), the final rule to implement the industry fee system for repaying the groundfish program's reduction loan. The regulations implementing the program are located at § 600.1012 of 50 CFR part 600's subpart M. On August 8, 2005, NMFS published in the **Federal Register** (70 FR 45695) a notice of the fee effective date and established September 8, 2005 as the effective date when fee collection and loan repayment began. II. Purpose The purpose of this notice is to adjust, in accordance with the framework rule's § 600.1013(b), the fee rate for the Oregon pink shrimp fee-share fishery. Section 600.1013(b) directs NMFS to recalculate the fee rate that will be reasonably necessary to ensure reduction loan repayment within the specified 30 year term. NMFS has determined that the current fee rate of 3.75 percent for the Oregon pink shrimp fishery is inadequate to service the loan. Therefore, NMFS is increasing the fee rate to 4.70 percent which NMFS has determined is necessary to ensure timely loan repayment. To provide more accessible services, streamline collections, and save taxpayer dollars, fish buyers may disburse collected fee deposits to NMFS by using a secure Federal system on the Internet known as *Pay.gov* . *Pay.gov* enables fish buyers to use their checking accounts to electronically disburse their collected fee deposits to NMFS. Fish buyers who have access to the Internet should consider using this quick and easy collected fee disbursement method. Fish buyers may access *Pay.gov* by going directly to *Pay.gov* 's Federal website at: *http://www.pay.gov/paygov/* . Fish buyers who do not have access to the Internet or who simply do not wish to use the *Pay.gov* electronic system, may continue to disburse their collected fee deposits to us by sending their checks to our lockbox. Our lockbox's address is: NOAA Fisheries Pacific Coast Groundfish Buyback P O Box 979059 St. Louis, MO 63197 9000 Fish buyers must not forget to include with their disbursements the fee collection report applicable to each disbursement. The fee collection report tells NMFS how much of the disbursement it must apply to the reduction fishery and six fee share fisheries subamounts. Fish buyers using Pay.gov will find an electronic fee collection report form to receive information and accompany electronic disbursements. Fish buyers who do not use *Pay.gov* must include a hard copy fee collection report with each of their disbursements. Fish buyers not using Pay.gov may also access the NMFS website for an Excel spreadsheet version of the fee collection report at: *http://www.nmfs.noaa.gov/mb/financial_services/buyback.htm* . III. Notice The new fee rate for the Oregon pink shrimp fishery will begin on September 5, 2007]. From and after this date, all groundfish program fish sellers paying fees on the Oregon pink shrimp fee-share fishery shall begin paying groundfish program fees at the revised rate. From and after this date, all fees received by NMFS for the Oregon pink shrimp fee-share fishery shall be subject to the new fee rates regardless of the applicable fee month. Fee collection and submission shall follow previously established methods in § 600.1013 of the framework rule and in the final fee rule published in the **Federal Register** on July 13, 2005 (70 FR 40225). The revised fees applicable to the groundfish program's reduction fishery and to each of its six fee-share fishery are as follows: FISHERY CURRENT FEE RATE NEW FEE RATE Groundfish 5.00% 5.00% CA Coastal Dungeness Crab 1.24% 1.24% CA Pink Shrimp 5.00% 5.00% OR Coastal Dungeness Crab 0.55% 0.55% OR Pink Shrimp 3.75% 4.70% WA Coastal Dungeness Crab 0.16% 0.16% WA Pink Shrimp 1.50% 1.50% Authority: The authority for this action is Pub. L. 107 206, Pub. L. 108 7, 16 U.S.C. 1861a

(b)through (e), and 50 CFR 600.1000 *et seq.* Dated: July 31, 2007. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. E7-15207 Filed 8-3-07; 8:45 am] BILLING CODE 3510-22-S > DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XB72 Marine Mammals; File No. 10018 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that Dr. Rachel Cartwright, 5277 West Wooley Road, Oxnard, CA 93035, has applied in due form for a permit to conduct research on humpback whales ( *Megaptera novaeangliae* ). DATES: Written, telefaxed, or e-mail comments must be received on or September 5, 2007. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814-4700; phone (808)973-2935; fax (808)973-2941. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: File No. 10018. FOR FURTHER INFORMATION CONTACT: Brandy Hutnak or Carrie Hubard, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). The applicant seeks a five year permit to study the behavior and dynamics of humpback whale female and calf pairs in the waters off of Maui, Hawaii, including waters of the Hawaiian Islands Humpback Whale National Marine Sanctuary. Up to 540 takes for close vessel approach, photo-identification, focal follows, underwater observations, collection of sloughed skin, and incidental harassment are requested annually to test the hypotheses that behavior, dynamics and distribution of female/calf pairs varies between different stocks and may be influenced by abiotic factors such as aspects of bathymetry, water quality, and levels of vessel traffic. Incidental harassment of bottlenose dolphins ( *Tursiops truncatus* ), spinner dolphins ( *Stenella longirostris* ), pantropical spotted dolphins ( *Stenella attenuata* ), false killer whales ( *Pseudorca crassidens* ), and pilot whales ( *Globicephala* sp.) is also requested. Concurrent with the publication of this notice in the **Federal Register** , NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: August 1, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-15232 Filed 8-3-07; 8:45 am] BILLING CODE 3510-22-S > DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XB82 North Pacific Fishery Management Council; Notice of Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Meetings of the North Pacific Fishery Management Council Aleutian Island Ecosystem Team. SUMMARY: The North Pacific Fishery Management Council (Council) Ecosystem Committee will meet at the Auke Bay Laboratory Lena Point facility, in Juneau, AK, from 1 p.m. to 5 p.m. on Wednesday, August 22, 2007 DATES: The North Pacific Fishery Management Council (Council) Ecosystem Committee will meet on August 22, 2007. ADDRESSES: NMFS Auke Bay Laboratory, Ted Stevens Marine Research Institute, 17109 Pt. Lena Loop Road, Juneau, AK 99801. *Council address* : North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252. FOR FURTHER INFORMATION CONTACT: Diana Evans, Council staff, Phone: 907-271-2809. SUPPLEMENTARY INFORMATION: The agenda is to discuss the AI Fishery Ecosystem Plan (review summary pamphlet, discuss approaches to identifying desirable/ undesirable states of ecosystem), give feedback on the proposed approach to developing an Arctic Fishery Management Plan, and receive updates on the Alaska Marine Ecosystem Forum meeting and NOAA's integrated ecosystem assessment plans. These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen at 907-271-2809 at least 7 working days prior to the meeting date. Dated: August 1, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-15187 Filed 8-3-07; 8:45 am] BILLING CODE 3510-22-P > DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XB78 Endangered and Threatened Species; Take of Anadromous Fish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Applications for two scientific research permits. SUMMARY: Notice is hereby given that NMFS has received two scientific research permit application requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act

(ESA)and help guide management and conservation efforts. DATES: Comments or requests for a public hearing on the applications must be received at the appropriate address or fax number (see ADDRESSES ) no later than 5 p.m. Pacific standard time on September 5, 2007. ADDRESSES: Written comments on the applications should be sent to the Protected Resources Division, NMFS, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274. Comments may also be sent via fax to 503-230-5441 or by e-mail to *resapps.nwr@NOAA.gov* . FOR FURTHER INFORMATION CONTACT: Garth Griffin, Portland, OR (ph.: 503-231-2005, Fax: 503-230-5441, e-mail: *Garth.Griffin@noaa.gov* ). Permit application instructions are available from the address above. SUPPLEMENTARY INFORMATION: Species Covered in This Notice The following listed species are covered in this notice: Chinook salmon ( *Oncorhynchus tshawytscha* ): threatened lower Columbia River (LCR), threatened upper Willamette River (UWR), threatened Snake River

(SR)spring/summer-run (spr/sum), threatened SR fall-run. Steelhead ( *O. mykiss* ): threatened LCR, threatened Snake River (SR). Coho salmon ( *O. kisutch* ): threatened LCR. Sockeye salmon ( *O. nerka* ): endangered SR. Authority Scientific research permits are issued in accordance with section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 *et seq.* ) and regulations governing listed fish and wildlife permits (50 CFR 222-226). NMFS issues permits based on findings that such permits:

(1)are applied for in good faith;

(2)if granted and exercised, would not operate to the disadvantage of the listed species that are the subject of the permit; and

(3)are consistent with the purposes and policy of section 2 of the ESA. The authority to take listed species is subject to conditions set forth in the permits. Anyone requesting a hearing on an application listed in this notice should set out the specific reasons why a hearing on that application would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the Assistant Administrator for Fisheries, NMFS. Applications Received Permit 1124 The Idaho Department of Fish and Game

(IDFG)is requesting a 5-year permit for seven study tasks that, among them, would annually take adult and juvenile threatened SR fall chinook salmon; adult and juvenile threatened spring/summer SR chinook salmon; and adult and juvenile endangered SR sockeye salmon in the Salmon and Clearwater Rivers in Idaho. The original Permit 1124 was in place for 5 years (63 FR 30199) with one amendment (67 FR 34909); it expired on December 31, 2002. The permit was renewed for another five years and is due to expire on December 31, 2007. Throughout its existence, the permit has comprised the same seven tasks (with the addition of rescuing and salvaging listed fish): Task 1 - General fish population inventory; Task 2 - Spring/summer chinook salmon natural production monitoring and evaluation; Task 3 - Spring/summer chinook salmon supplementation research; Task 4 - Redfish Lake, Pettit Lake, Alturas Lake kokanee/sockeye research; Task 5 - Salmon and steelhead fish health monitoring; Task 6 - Steelhead natural production monitoring and evaluation; and Task 7 - Steelhead supplementation research. Under these tasks, listed adult and juvenile salmon would be

(a)Observed/harassed during fish population and production monitoring surveys;

(b)captured (using seines, traps, hook-and-line angling equipment, and electrofishing equipment) and anesthetized;

(c)sampled for biological information and tissue samples,

(d)PIT-tagged or tagged with radio transmitters or other identifiers,

(e)and released. Some fish would die as a result of the research activities though the permit would include salvage and rescue operations as part of the allotted take (i.e., during some of the activities, listed fish would be collected and transported to improve their survival). In addition, the IDFG is asking to lethally take a small number of juvenile SR sockeye and spring/summer chinook salmon during some of the research. The research has many purposes and would benefit listed SR salmon in different ways. In general, the purpose of the research is to determine the distribution, abundance, and productivity of anadromous and resident fish stocks; measure the efficacy of harvest management strategies; gauge the impact of proposed or existing habitat alteration projects; and monitor natural production levels, salmonid health, and the effectiveness of supplementation efforts. The research would benefit listed salmon by helping resource managers tailor land-altering activities (e.g., timber harvest, road building) to the needs of the fish; set harvest regimes so that they have minimal impacts on listed populations; prioritize projects in a way that gives maximum benefit to listed species; and design strategies and activities to help recover them. Permit 10021 The Lower Willamette Group

(LWG)is seeking a 2-year permit to annually capture UWR Chinook salmon, UWR steelhead, LCR Chinook salmon, LCR steelhead, and LCR coho salmon during the course of research directed at non-listed fish species in the lower Willamette River, Oregon. The information gained from this action would be used to fill data gaps in food web models and determine tissue contaminant concentrations as part of the ongoing Remedial Investigation/Feasibility Study of the lower Willamette River superfund site. The research would benefit listed salmonids by helping guide the superfund site cleanup effort and thereby improve habitat conditions for listed anadromous salmonids that migrate through the harbor. The LWG proposes to use boat electrofishing to capture non-listed fish. If a salmonid is observed, the LWG would not attempt to net it; instead, they would cease electrofishing and move to another area before resuming sampling. The LWG does not intend to kill any of the salmonids being captured but a small number may die as an unintended result of the activities. This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the applications, associated documents, and comments submitted to determine whether the applications meet the requirements of section 10(a) of the ESA and Federal regulations. The final permit decisions will not be made until after the end of the 30-day comment period. NMFS will publish notice of its final action in the **Federal Register** . Dated: August 1, 2007. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-15229 Filed 8-3-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE Economics & Statistics Administration Measuring Innovation in the 21st Century Economy Advisory Committee; Notice of Public Meeting AGENCY: Economics & Statistics Administration, Commerce. ACTION: Notice of public meeting. SUMMARY: The Department of Commerce

(DOC)is announcing the second meeting of the Measuring Innovation in the 21st Century Economy Advisory Committee. The meeting is open to the public. Seating at the meeting will be on a first-come, first-served basis. Interested parties may register on the Advisory Committee Web site: *http://www.innovationmetrics.gov* . Pre-registration is encouraged but not required. DATES: The meeting will be held on September 12, 2007, from approximately 9 a.m. to noon. On-site sign-in begins at 8:30 a.m. ADDRESSES: The meeting will be held in the Auditorium of the U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. Attendees should arrive at the main building entrance on 14th Street, NW., between Pennsylvania and Constitution Avenues. Attendees must present a government-issued picture ID and pass through metal detection equipment. FOR FURTHER INFORMATION CONTACT: Elizabeth “E.R.” Anderson, Deputy Under Secretary for Economic Affairs, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone: 202-482-3727, facsimile: 202-482-0432; or Sabrina Montes, Room 4858, telephone: 202-482-6495, facsimile: 202-482-0325. SUPPLEMENTARY INFORMATION: In accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the General Services Administration rule on Federal Advisory Committee Management, 41 CFR part 101-6, the Secretary of Commerce determined that the establishment of the Measuring Innovation in the 21st Century Economy Advisory Committee (the “Committee”) was in the public interest in connection with the performance of duties imposed on the Department by law. The Committee will advise the Secretary on new or improved measures of innovation to help explain how innovation occurs in different sectors of the economy, how it is diffuses, and how it impacts economic growth and productivity. The Committee consists of fifteen members from business and academia appointed by the Secretary of Commerce. The Committee functions solely as an advisory body, in compliance with the provisions of the Federal Advisory Committee Act. The Charter was filed under the Federal Advisory Committee Act. Additional information on the Advisory Committee on Measuring Innovation in the 21st Century Economy can be found online at: *http://www.innovationmetrics.gov* . The meeting is physically accessible to people with disabilities. Individuals requiring special accommodations at this meeting including sign language interpretation or other auxiliary aids should contact Sabrina Montes at the address listed under FOR FURTHER INFORMATION CONTACT at least 5 business days prior to the meeting so that appropriate arrangements can be made. The meeting will be transcribed and the transcription will be made public on the Committee Web site within one month of the meeting date. Elizabeth “E.R.” Anderson, Deputy Under Secretary for Economic Affairs. [FR Doc. E7-15167 Filed 8-3-07; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities—Building State Capacity to Improve the Achievement of Students With Disabilities Under the No Child Left Behind Act

(NCLB)and the Individuals With Disabilities Education Act (IDEA); Notice Inviting Applications for new Awards for Fiscal Year

(FY)2007 Catalog of Federal Domestic Assistance

(CFDA)Number: 84.326K. *Dates:* *Applications Available:* August 6, 2007. *Deadline for Transmittal of Applications:* September 5, 2007. *Deadline for Intergovernmental Review:* September 10, 2007. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of this program is to promote academic achievement and improve results for children with disabilities by supporting technical assistance (TA), model demonstration projects, dissemination of useful information, and implementation activities that are supported by scientifically based research. *Priority:* In accordance with 34 CFR 75.105(b)(2)(v), this priority is from allowable activities specified in sections 663 and 681(d) of the IDEA, 20 U.S.C. 1400 *et seq.* *Absolute Priority:* For FY 2007, this is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority. *This priority is:* Building State Capacity to Improve the Achievement of Students With Disabilities under NCLB and IDEA Background: One of the primary goals of Title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (NCLB), is for all students to reach proficiency in reading and math by 2014. Available data indicate that there is still much work to be done to reach this goal, particularly for students with disabilities. In 2004, 37 percent of schools missed AYP for the students with disabilities subgroup (Department of Education, 2006). Furthermore, while the achievement gaps between various groups of students have decreased, the gap between students with disabilities and students without disabilities remains significant and a cause for concern (Center on Education Policy, 2007a). For example, O'Reilly and colleagues

(2006)note that achievement data from standardized reading and mathematics tests collected in two nationally representative longitudinal studies (Special Education Elementary Longitudinal Study and the National Longitudinal Transition Study 2) indicate that almost two-thirds of students with disabilities scored at or below the 25th percentile. In order to raise the achievement of students with disabilities, State educational agencies

(SEAs)must have the capacity to provide support and TA to their districts and schools. While most SEAs agree that they should play a key role in supporting their districts' and schools' efforts to improve the achievement of students, many SEAs do not have the capacity to do so (Center on Education Policy, 2007b). The Center on Education Policy (2007a) found that providing TA to districts with schools in need of improvement continues to be very challenging for SEAs. SEA officials report that one reason for their inability to provide support to their districts and schools is a lack of in-house expertise in providing TA. In fact, many of the SEAs surveyed by the Center on Education Policy (2007a) stated that they were “experimenting” with providing TA and did not know the best way to provide support to their districts and schools. This has resulted in delivery of TA that is fragmented and episodic, rather than ongoing and systematic (Department of Education, 2006). *For TA to be effective, SEAs must take the following steps:*

(1)Identify available TA that addresses the unique needs of their districts;

(2)create an infrastructure that coordinates TA between regular and special education;

(3)support districts in sustaining the implementation of evidence-based practices; and

(4)support the scaling-up of evidence-based practices Statewide (see Learning Point Associates, 2007). Each of these steps is detailed below. *Identify available TA that addresses the unique needs of districts.* States should consider using the significant TA resources that are currently available to support their districts and schools. For example, the Department's Office of Special Education Programs

(OSEP)funds over 50 TA centers, including six Regional Resource Centers (RRCs), to support the effective implementation of the IDEA. The Department's Office of Elementary and Secondary Education

(OESE)funds 21 comprehensive TA centers to support the implementation of NCLB. Regional educational laboratories, funded by the Department's Institute of Education Sciences (IES), provide information on scientifically based research and focus on topics such as distributed leadership, effective instructional strategies, and standards-based curricula. These providers of research and TA provide a rich source of information and support; yet SEAs may not effectively utilize these resources to meet their needs due to insufficient staff (Center on Education Policy, 2007a) or a lack of awareness about available resources. *Create an infrastructure that coordinates TA between regular and special education.* The challenge of coordinating TA for special education and regular education makes it difficult for most SEAs to create an infrastructure that provides ongoing and systematic TA to improve the achievement of students with disabilities. To provide TA that focuses on improving the achievement of all students, including students with disabilities, SEAs have had to reorganize both their structure and their function (Center on Education Policy, 2007a). A review of Statewide systems of support indicates that SEAs typically provide TA in a piecemeal fashion and do not coordinate TA across regular and special education (Westat, 2006). In a study of the impact of TA services on improved education for students with disabilities, a major finding was that the “* * *deep attitudinal and philosophical barriers that exist between general and special education will continue to hinder technical assistance activities if they are not addressed by both policymakers and practitioners” (SRI, 2000). *Support effective, efficient, and sustained implementation of evidence-based practices.* Capacity is needed at both State and district levels to sustain the implementation of evidence-based practices. Twenty-one States noted that an important objective of their Statewide system of support involves building district capacity to provide TA so that districts are better able to provide support to schools (Department of Education, 2006). Currently, research (Fixsen, Naoom, Blasé, Friedman, & Wallace, 2005) and exemplars of the implementation of evidence-based programs and practices funded by the Department of Education, such as positive behavior supports

(PBS)(Barrett, 2006) and Reading First (U.S. Department of Education, 2006), suggest that if a district or school is to effectively implement a research-based program or practice with fidelity, a number of core implementation components must be in place (e.g., ongoing consultation and coaching, regular evaluation of staff performance, data-based decision making). Research and practice also suggest that TA provided to districts and schools should not solely focus on the research-based practice, but also should include assistance to help districts and schools develop and support core implementation components, noted above, to ensure that the research-based practices are effectively implemented and sustained. *Support the scaling up of evidence-based practices.* Scaling up and sustaining the implementation of evidence-based practices requires a guide (i.e., a “blueprint”) designed to improve the efficiency and success of large-scale replications of a specific practice (Center on Positive Behavioral Interventions and Supports, 2004). The research and exemplars that inform best practices in implementation and sustainability of effective practices also inform the work of scaling up evidence-based practices and can be used to create a blueprint to assist SEAs in building capacity to provide TA to districts and schools. *Specifically, an integrated system of TA that supports the scaling up of evidence-based practices will require:* State funding and public support from State leaders, systems that support the use of evidence-based practices, and appropriate resources for consultation and coaching for the implementation sites (Fixsen *et al.* , 2005). In summary, as part of their efforts to improve the achievement of students with disabilities, SEAs need to provide effective TA to districts. SEAs are transforming their approaches to supporting districts to implement Federal programs so that they may improve the quality of education provided to students (Center on Education Policy, 2007a). Indeed, in some States, SEAs have gone from being one of the least used sources of TA to improve education, to the most used source. SEAs, however, report that they often have not had the time, personnel, or guidance needed to transition from being an agency focused on compliance monitoring to an agency focused on TA (Center on Education Policy, 2007a). The purpose of this priority is to support a center to assist SEAs to build the necessary capacity to provide the TA needed by districts to support the achievement of students with disabilities in grades K-12 and, in doing so, improve the achievement of all students. References Barrett, S. (2006, August). *Maryland's State Implementation Strategies, Successes, and Outcomes.* Presented at the Office of Special Education Programs' Project Director's Meeting, Washington, DC. Center on Education Policy. (2007a). *Has student achievement increased since No Child Left Behind?* Washington, DC. Center on Education Policy. (2007b). *State Achievement Profiles.* Retrieved June 29, 2007, from: *http://www.cep-dc.org/index.cfm?fuseaction=Page.viewPage&pageId=498&parentID=481.* Center on Positive Behavioral Interventions and Supports (2004). *School-wide positive behavior support: Implementers' blueprint and self-assessment.* Eugene, OR: OSEP PBIS Technical Assistance Center. Fixsen, D.L.; Naoom, S.F.; Blasé, K.A.; Friedman, R.M., Wallace, F. (2005). *Implementation research: A synthesis of the literature.* Tampa, FL: University of South Florida. Learning Point Associates. (2007). *Implementing response to intervention (RTI): Considerations for practitioners.* Washington, DC: Mike Galvin. U.S. Department of Education, Institute of Education Sciences. (2006). *National Assessment of Title I Interim Report: Executive Summary.* Washington, DC. O'Reilly, F., Fafard, M., Wagner, M., Brown, S.C., Fritts, J., Luallen, J., Carlson, E., Blackorby, J., Hebbeler, K., & Chambers, J. (2006). *Improving results for students with disabilities: Key findings from the 1997 national assessment studies.* Bethesda, MD: Abt Associates, Inc. Padilla, C., Marks, S., Adelman, N., Dove, T., Haertal, G., & Hopfendgardner Warren, S. (2000). *Understanding technical assistance: The impact of technical assistance services on improved education for students with disabilities.* Menlo Park, CA: SRI International. U.S. Department of Education. (2006). *Statewide System of Support Profiles.* Washington, DC. U.S. Department of Education, Office of Planning, Evaluation and Policy Development, Policy and Program Studies Service. (2006). Washington, DC. Priority This priority will support a National Center to Build State Capacity to Provide TA to Districts (Center) to ensure that the implementation of evidence-based practices that improve the achievement of students with disabilities is sustained and brought to scale for grades K-12. The Center will work intensively with six States to help them:

(a)Identify available TA that addresses the unique needs of the districts;

(b)create an infrastructure to provide TA across regular and special education to improve the achievement of students with disabilities;

(c)use what is known about effective implementation of evidence-based practices at both the SEA and district levels; and

(d)use effective methods to scale-up the use of evidence-based practices. The Center will help six selected States carry out the challenging responsibility of providing districts with the necessary TA to improve the achievement of students with disabilities. The Center will disseminate, nationwide, the lessons learned from their work with the six States, including

(a)How SEAs effectively took steps to build the capacity to provide coordinated TA to districts and

(b)TA strategies appropriate for the unique needs of specific sites that can be used by States to improve their capacity to provide TA to improve the achievement of students with disabilities. Through the dissemination of the Center's work, the capacity of all States to support their districts and scale up the use of evidence-based practices will be enhanced. To meet this priority, an applicant must describe in its application—

(a)The current research, theory, and best practices on providing TA at a systems level, including a review of the concepts of systems change, implementation, and scaling up of evidence-based practices Statewide.

(b)A conceptual framework for how States should provide TA to districts to support them in implementing and sustaining the use of evidence-based practices across regular and special education to improve the achievement of students with disabilities, and how SEAs should support scaling up the use of these practices.

(c)A plan for how the Center will work intensively with six selected SEAs to establish, enhance, and coordinate a State TA infrastructure across regular and special education to support districts in implementing evidence-based practices to improve the achievement of students with disabilities and scaling up the use of these practices Statewide for grades K-12.

(d)A logic model depicting, at a minimum, the goals, activities, outputs, and outcomes of the proposed Center. One acceptable approach to logic modeling is presented on the following Web site: *http://www.uwex.edu/ces/lmcourse/.* The model must include descriptions of proposed service delivery strategies, including the nature and conditions under which various strategies would be used; information on who would implement these strategies and how they would be implemented; and a comprehensive description of how the applicant would measure, through benchmarks and formative and summative evaluations, the effectiveness of these strategies.

(e)A plan for recruiting and selecting six States to work with the Center to improve their capacity to support districts in improving the achievement of students with disabilities. Factors for consideration in selecting these States could include the demographic and geographic characteristics of each State; the SEA's priorities and initiatives to support school improvement; the SEA's current capacity for providing TA; and the commitment of the State's regular and special education leadership to coordinate their TA to improve the achievement of students with disabilities. (Final selection of States will be made during the development of the cooperative agreement in the Department. The selection process will be clear to interested States.)

(f)A plan for how the Center will document the unique characteristics and needs of each State and the work that was necessary to effectively build State and district capacity to provide TA to improve the achievement of students with disabilities.

(g)A plan for establishing and facilitating a community of practice

(CoP)of Federal and State TA providers and others interested in building State capacity, to share expertise and lessons learned on a continuous basis. The membership of the CoP must be determined with input from OSEP and OESE and include the following: Representatives from the six selected SEAs; experts in systems change and implementation of evidence-based practices; representatives from the Department's regional comprehensive centers, regional resource centers, regional educational laboratories, and special and regular education content centers; parents of students with disabilities; State and local policy makers; and distinguished teachers and principals. The Center must support the ongoing communication of the CoP through e-mail, teleconferences, Web-based discussions, and face-to-face meetings.

(h)A dissemination plan that includes methods for disseminating the lessons learned and context-specific TA strategies. This plan must describe the audiences that are most likely to benefit from these lessons learned and TA strategies and the methods the Center will use to reach them. An annual conference may be one of these dissemination methods.

(i)An evaluation plan that measures the impact of the Center's activities. Specifically, the evaluation must document—

(1)What participants in the six selected SEAs learned;

(2)How the Center's TA affected the SEAs' ability to support districts in implementing evidence-based practices to improve the achievement of students with disabilities;

(3)How the SEAs scaled-up the implementation of the evidence-based practices; and

(4)The degree to which the evidence-based practices contributed to improved outcomes for students with disabilities. To meet the requirements of this priority, the Center, at a minimum, must—

(a)Establish and maintain a Web site that will include the Center's products and tools, links to CoP information, and other resources. All Web site information and documents must be displayed in a form that meets a government or industry-recognized standard for accessibility;

(b)Select an advisory group from the CoP that will meet at least annually with the Center to provide feedback on Center plans, activities, and accomplishments;

(c)Budget for the Center's project director to attend a three-day Project Directors' meeting in Washington, DC during each year of the project and two additional yearly meetings with OSEP; and

(d)Budget five percent of the award amount annually to support emerging needs as identified jointly through consultation with the OSEP project officer. *Fourth and Fifth Years of the Project:* In deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a), and in addition—

(a)The recommendation of a review team consisting of experts selected by the Secretary, which review will be conducted during the last half of the project's second year in Washington, DC. Projects must budget for travel expenses associated with this one-day intensive review;

(b)The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been, or are being, met by the Center; and

(c)The degree to which the project promotes best practices in educational services to children. *Waiver of Proposed Rulemaking:* Under the Administrative Procedure Act

(APA)(5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on a proposed priority. However, section 681(d) of the IDEA makes the public comment requirements under the APA inapplicable to the priority in this notice. *Program Authority:* 20 U.S.C. 1463 and 1481(d). *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

(IHEs)only. *Type of Award:* Cooperative agreement. *Estimated Available Funds:* $1,000,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $1,000,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . *Number of Awards:* 1. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. III. Eligibility Information *1. Eligible Applicants:* SEAs; local educational agencies (LEAs); public charter schools that are LEAs under State law; IHEs; other public agencies; private nonprofit organizations; outlying areas; freely associated States; Indian tribes or tribal organizations; and for-profit organizations. 2. *Cost Sharing or Matching:* This competition does not require cost sharing or matching. 3. *Other: General Requirements* —

(a)The project funded under this competition must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of the IDEA).

(b)Applicants and the award recipient funded under this competition must involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the project (see section 682(a)(1)(A) of the IDEA). IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. FAX:

(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA Number 84.326K. 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 person or team listed under *Alternate Format* in section VIII in this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the package for this competition. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 70 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12-point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the coversheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, references, or the letters of support. However, you must include all of the application narrative in Part III. 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:* August 6, 2007. *Deadline for Transmittal of Applications:* September 5, 2007. Applications for awards under this competition may be submitted electronically using the *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 of 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.* We have been accepting applications electronically through the Department's e-Application system since FY 2000. In order to expand on those efforts and comply with the President's Management Agenda, we are continuing to participate as a partner in the new government wide *Grants.gov* Apply site in FY 2007. The Building State Capacity to Improve the Achievement of Students With Disabilities under the No Child Left Behind Act

(NCLB)and the Individuals with Disabilities Education Act (IDEA), CFDA Number 84.326K, is one of the competitions included in this project. We request your participation in *Grants.gov* . If you choose to submit your application electronically, you must use the *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 an application to us. You may access the electronic application for the Building State Capacity to Improve the Achievement of Students With Disabilities under the No Child Left Behind Act

(NCLB)and the Individuals with Disabilities Education Act

(IDEA)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 84.326, not 84.326K). *Please note the following:* • Your participation in *Grants.gov* is voluntary. • 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 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 the steps in the *Grants.gov* registration process ( *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 successfully submit 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 System Technical Issues with the Grant.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 84.326K) 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 84.326K) 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.

(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.

(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 84.326K) 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; and

(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 *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 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 award. 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 Measures:* Under the Government Performance and Results Act of 1993 (GPRA), the Department has developed measures that will yield information on various aspects of the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities program. These measures focus on: The extent to which projects provide high quality products and services, the relevance of project products and services to educational and early intervention policy and practice, and the use of products and services to improve educational and early intervention policy and practice. The awardee will be required to provide information related to these measures. The awardee also will be required to report information on the project's performance in annual reports to the Department (34 CFR 75.590). VII. Agency Contact *For Further Information Contact:* Debra Price-Ellingstad, U.S. Department of Education, 400 Maryland Avenue, SW., room 4097, Potomac Center Plaza, Washington, DC 20202-2550. *Telephone:*

(202)245-7481. If you use a TDD, call the Federal Relay Service (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) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., room 5075, PCP, Washington, DC 20202-2550. *Telephone:*

(202)245-7363. If you use a TDD, call the FRS, toll free, at 1-800-877-8339. *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

(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 31, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-15228 Filed 8-3-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; List of Correspondence AGENCY: Department of Education. ACTION: List of correspondence from January 2, 2007 through March 31, 2007. SUMMARY: The Secretary is publishing the following list pursuant to section 607(f) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). Under section 607(f) of IDEA, the Secretary is required, on a quarterly basis, to publish in the **Federal Register** a list of correspondence from the U.S. Department of Education (Department) received by individuals during the previous quarter that describes the interpretations of the Department of IDEA or the regulations that implement IDEA. FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds. Telephone:

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

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of this notice in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact persons listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: The following list identifies correspondence from the Department issued from January 2, 2007 through March 31, 2007. Included on the list are those letters that contain interpretations of the requirements of IDEA and its implementing regulations, as well as letters and other documents that the Department believes will assist the public in understanding the requirements of the law and its regulations. The date of and topic addressed by a letter are identified, and summary information is also provided, as appropriate. To protect the privacy interests of the individual or individuals involved, personally identifiable information has been deleted, as appropriate. Part A—General Provisions Section 602—Definitions Topic Addressed: Child With a Disability. ○ Letter dated March 8, 2007 to American Speech-Language-Hearing Association Director Catherine D. Clark, regarding criteria for determining whether a speech or language impairment adversely affects a child's educational performance, how public agencies may respond when speech/language pathology sessions are missed due to the student's absence or the provider's absence, and an explanation of the requirements governing the continuum of alternative placements. Part B—Assistance for Education of All Children With Disabilities Section 612—State Eligibility Topic Addressed: Methods of Ensuring Services. ○ Letter dated January 23, 2007 to Volusia County, Florida Superintendent of Schools Margaret A. Smith, and letter dated February 9, 2007 to Houston, Texas Independent School District Staff Member Carolyn Guess, clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children. ○ Letter dated March 8, 2007 to Indiana Department of Education Governmental Affairs Committee Chairman John D. Hill, clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children and explaining that the local educational agency

(LEA)does not have to obtain a separate parental consent if parental consent is given directly to another agency, such as a State's Medicaid Agency. Topic Addressed: Children With Disabilities Enrolled by Their Parents in Private Schools. ○ Letter dated March 9, 2007 to Massachusetts Department of Education State Director of Special Education Marsha Mittnacht, regarding parentally-placed children with disabilities who reside out-of-State and attend private schools located in school districts in Massachusetts. ○ Letter dated March 23, 2007 to Association of Educational Service Agencies Executive Director Brian L. Talbot and letter dated March 23, 2007 to Association of Educational Services Agencies President Lee Warne, regarding the role of sending and receiving LEAs in completing child find activities and implementing equitable services for children with disabilities enrolled by their parents in private schools. Topic Addressed: Access to Instructional Materials. ○ Letter dated March 16, 2007 to Recording for the Blind and Dyslexic President and CEO John Kelly, regarding the benefits of giving all qualified accessible media producers anticipatory access to the National Instructional Materials Accessibility Standard files sets deposited at the National Instructional Materials Access Center. Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements Topic Addressed: Evaluations and Reevaluations. ○ Letter dated February 6, 2007 to individual (personally identifiable information redacted), regarding the relationship of the requirements for review of existing evaluation data to the requirements for reevaluation. ○ Letter dated March 1, 2007 to Harcourt Assessment Inc. Publisher Aurelio Prifitera, responding to Harcourt Assessment's overview of the requirements in the final regulations for Part B of IDEA for evaluating children suspected of having specific learning disabilities. ○ Letter dated March 6, 2007 to Wyoming Protection and Advocacy for Individual Rights Program Attorney Buck Gwyn, regarding State criteria for determining whether a child has a specific learning disability. ○ Letter dated March 6, 2007 to Lehigh University Professor Perry A. Zirkel, regarding new requirements in the final regulations for Part B of IDEA that govern whether States may use the severe discrepancy model and clarifying the role of response to intervention in determining whether a child has a specific learning disability. Section 615—Procedural Safeguards Topic Addressed: Maintenance of Current Educational Placement. ○ Letter dated February 2, 2007 to Pennsylvania Department of Education Staff Member Gerald L. Zahorchak, regarding the child's status during the pendency of administrative or judicial proceedings when a child who is no longer eligible for services under Part C of IDEA seeks initial services under Part B of IDEA. Topic Addressed: Discipline Procedures. ○ Letter dated March 8, 2007 to University of Utah Professor Dixie Snow Huefner, regarding when a parent or an LEA may request an expedited due process hearing and the child's placement during an appeal. ○ Letter dated February 9, 2007 to Washoe County, Nevada Assistant Superintendent Dr. Kris Christiansen, regarding whether a functional behavioral assessment

(FBA)triggers the procedural safeguards applicable to an evaluation or an independent educational evaluation and whether parent consent is required prior to conducting an FBA. Part C Infants and Toddlers With Disabilities Section 643—Allocation of Funds Topic Addressed: State Allocation Formula. ○ Letter dated March 6, 2007 to Texas Governor Rick Perry, clarifying that allocations to each State under Part C of IDEA are made based on the ratio of the number of infants and toddlers in that State to the number of infants and toddlers in all States and that the calculations are based on the most recent data available from the Census Bureau. The Department cannot make adjustments in the formula allocations to States based on data provided by an individual State. Other Letters that Do Not Interpret the Idea but May Be of Interest to Readers Topic Addressed: Assessment and Accountability. ○ Letter dated February 7, 2007 to Chief State School Officers regarding the assessment and accountability requirements of Title I and extending flexibility for determining annual yearly progress for the students with disabilities subgroup. Topic Addressed: Transition to Postsecondary Education. ○ Letters dated March 16, 2007 to Dear Colleague and Dear Parent from Office for Civil Rights Assistant Secretary Stephanie Monroe, regarding the legal rights and responsibilities of students with disabilities as they transition from secondary to postsecondary education settings. Electronic Access To This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

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

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . (Catalog of Federal Domestic Assistance Number 84.027, Assistance to States for Education of Children with Disabilities). Dated: July 31, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-15226 Filed 8-3-07; 8:45 am] BILLING CODE 4000-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2004-0006; FRL-8450-8] Agency Information Collection Activities; Proposed Collection; Comment Request; Community Right-To-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-To-Know Act (EPCRA), EPA ICR Number 1352.11, OMB Control Number 2050-0072 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 is scheduled to expire on January 31, 2008. 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 October 5, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-2004-0006, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *superfund.docket@epa.gov.* • Fax: 202-566-0224. • Mail: Superfund Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460 • Hand Delivery: EPA Docket Center, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC. 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-SFUND-2004-0006. 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 *http://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: Sicy Jacob, Office of Emergency Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)564-8019; fax number:

(202)564-2625; E-mail address: *jacob.sicy@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-2004-0006, which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, 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 telephone number for the Reading Room is 202-566-1744, and the telephone number for the Superfund Docket is 202-566-0276. 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-HQ-2004-0006. *Affected Entities:* Entities potentially affected by this action are manufacturers and non-manufacturers. *Title:* Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) *ICR Number* : EPA ICR No. 1352.11, OMB Control No. 2050-0072. *ICR Status:* This ICR is currently scheduled to expire on January 31, 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:* The authority for these requirements is sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 1986 (42 U.S.C. 11011, 11012). EPCRA Section 311 requires owners and operators of facilities subject to OSHA Hazard Communication Standard to submit a list of chemicals or MSDSs (for those chemicals that exceed thresholds, specified in 40 CFR part 370) to the State Emergency Response Commission (SERC), Local Emergency Planning Committee

(LEPC)and the local fire department

(LFD)with jurisdiction over their facility. This is a one-time requirement unless a new facility becomes subject to the regulations or updating the information by facilities that are already covered by the regulations. EPCRA section 312 requires owners and operators of facilities subject to OSHA HCS to submit an inventory form (for those chemicals that exceed the thresholds, specified in 40 CFR part 370) to the SERC, LEPC, and LFD with jurisdiction over their facility. This form is to be submitted on March 1 of each year, on the inventory of chemicals in the previous calendar year. *Burden Statement:* The average burden for MSDS reporting under 40 CFR 370.21 is estimated at 1.6 hours for new and newly regulated facilities and approximately 0.6 hours for those existing facilities that obtain new or revised MSDSs or receive requests for MSDSs from local governments. For new and newly regulated facilities, this burden includes the time required to read and understand the regulations, to determine which chemicals meet or exceed reporting thresholds, and to submit MSDSs or lists of chemicals to SERC, LEPCs, and local fire departments. For existing facilities, this burden includes the time required to submit revised MSDSs and new MSDSs to local officials. The average reporting burden for facilities to submit Tier I or Tier II inventory report under 40 CFR 370.25 is estimated to be approximately 3.1 hours per facility. There are no recordkeeping requirements for facilities under EPCRA sections 311 and 312. The average burden for state and local governments to respond to requests for MSDSs or Tier II information under 40 CFR 370.30 is estimated to be 0.17 hours per request. The average burden for state and local governments for managing and maintaining the reports is estimated to be 32.25 hours. 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:* 564,132. *Frequency of Response:* Annual. *Estimated Total Average Number of Responses for Each Respondent:* 1. *Estimated Total Annual Burden Hours:* 2,031,859. *Estimated Total Annual Costs:* $96 million. This includes capital investment or maintenance and operational costs. There is an increase of 2,160 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase is due to the increase in the number of facilities that may be subject to the hazardous chemical inventory requirements. 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 person listed under FOR FURTHER INFORMATION CONTACT . Dated: July 26, 2007. Deborah Y. Dietrich, Director, Office of Emergency Management. [FR Doc. E7-15238 Filed 8-3-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested July 30, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Pursuant to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written PRA comments should be submitted on or before October 5, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by email or U.S. mail. To submit your comments by email, send them to *PRA@fcc.gov* and to *Jasmeet_K._Seehra@omb.eop.gov* . To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554, and Jasmeet Seehra, Office of Management and Budget

(OMB)Desk Officer, Room 10236 NEOB, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), send an e-mail to *PRA@fcc.gov* or contact Cathy Williams at 202-418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-XXXX. *Title:* Section 225 and 255 Interconnected voice over Internet Protocol Services (VoIP). *Form Number:* N/A. *Type of Review:* New collection. *Respondents:* Business or other for-profit entities; not-for-profit institutions. *Number of Respondents:* 5,711. *Estimated Time per Response:* 10-20 hours. *Frequency of Response:* Occasional reporting requirements; recordkeeping; third party disclosure. *Obligation to Respond:* Mandatory. *Total Annual Burden:* 57,110-114,220 hours. *Total Annual Cost:* $ 11,422,000. *Nature and Extent of Confidentiality:* An assurance of confidentiality is not offered because this information collection does not require the collection of personal identifiable information

(PII)from individuals. *Privacy Impact Assessment:* No. *Needs and Uses:* On June 15, 2007, the Commission released a *Report and Order,* In the Matters of IP-Enabled Services; Implementation of sections 225 and 251(a)(2) of the Communications Act of 1934, as Enacted by the Telecommunications Act of 1996: Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons with Disabilities; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; the Use of N11 Codes and Other Abbreviated Dialing Arrangements, FCC 07-110. FCC 07-110 extends the disability access requirements that currently apply to telecommunications service providers and equipment manufacturers under section 255 of the Communications Act of 1934, as amended (the Act), to providers of “interconnected voice over Internet Protocol

(VoIP)services,” as defined by the Commission, and to manufacturers of specially designed equipment used to provide those services. In addition, the Commission extends to interconnected VoIP providers the Telecommunications Relay Services requirements contained in its regulations, pursuant to section 225(b)(1) of the Act. As applied to interconnected VoIP providers and to manufacturers of specialized VoIP equipment, several requirements adopted by FCC 07-110 contain new or modified information collection requirements that have not been approved by OMB, and on which the Commission must seek comment under the PRA. For example, several rules that FCC 07-110 extends to interconnected VoIP providers and/or equipment manufacturers contain procedures governing a provider or manufacturer's obligation to respond to an informal consumer complaint. Other rules detail VoIP providers' and VoIP equipment manufacturers' duty to make available to the public certain information concerning their respective services or products. In particular, the following rules, as applied to interconnected VoIP providers and to manufacturers of specialized VoIP equipment and customer premises equipment, contain new or modified information collection requirements: 47 CFR 6.11(a), 6.11(b), 6.18(b), 6.19, 64.604(a)(5), 64.604(c)(1)(i), 64.604(c)(1)(ii), 64.604(c)(2), 64.604(c)(3), 64.604(c)(5)(iii)(C), 64.604(c)(5)(iii)(E), 64.604(c)(5)(iii)(G), 64.604(c)(6)(v)(A)(3), 64.604(c)(6)(v)(G), 64.604(c)(7), and 64.606(b). The Commission will publish a separate document in the **Federal Register** announcing the effective date of those rules upon OMB approval. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-15083 Filed 8-3-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION [Docket No. 07-02] Order of Investigation and Hearing; Anderson International Transport and Owen Anderson—Possible Violations of Sections 8(a) and 19 of the Shipping Act of 1984 Anderson International Transport and Owen Anderson Anderson International Transport (“AIT”) is located at 9045 Knight Road, Houston, Texas. Other business addresses listed on AIT's bills of lading are 4939 West Orem, Suite 4 & 6, Houston, Texas and 14023 South Post Oak Road, Houston, Texas. AIT is owned by Owen Anderson (“Mr. Anderson”). An assumed name certificate for Anderson International Transport, 4939 West Orem Drive, Houston, Texas was filed by Mr. Anderson on February 18, 2005, in Harris County, Texas. AIT is not incorporated. Based on evidence available to the Commission, it appears that Mr. Anderson and AIT have knowingly and willfully provided transportation services as a non-vessel operating common carrier (“NVOCC”) in the United States without obtaining an ocean transportation intermediary (“OTI”) license from the Commission, without providing proof of financial responsibility and without publishing a tariff showing its rates and charges. It appears that Mr. Anderson and AIT have originated a minimum of fifteen ocean export shipments during the period January 5, 2005 through October 19, 2006. Section 8(a) of the 1984 Act, 46 U.S.C. 40501, requires an NVOCC to maintain open to public inspection in an automated tariff system, tariffs showing its “rates, charges, classifications, rule, and practices.” The Commission's regulations at 46 CFR 520.3 affirm this statutory requirement by directing each NVOCC to notify the Commission, prior to providing transportation services of the location and publisher of its tariffs by filing Form FMC-1. Section 19 of the 1984 Act, 46 U.S.C. 40901 and 40902, prohibits any person from acting as an OTI 1 in the United States prior to being issued a license from the Commission and obtaining a valid bond, proof of insurance, or other surety in a form and amount determined by the Commission to ensure financial responsibility. The Commission's regulations at 46 CFR 515.21 mandate that the bond, proof of insurance, or other surety evidencing the financial responsibility of an OTI shall be in the amount of $50,000 for freight forwarders and $75,000 for NVOCCs. 1. An ocean transportation intermediary is defined by section 3(17) of the 1984 Act, 46 U.S.C. 40102(17), as either a freight forwarder or a non-vessel-operating common carrier. Furthermore, pursuant to section 13 of the 1984 Act, 46 U.S.C. 41107, a party is subject to a civil penalty of not more than $30,000 for each violation knowingly and willfully committed, and not more than $6,000 for other violations. 2 Each shipment is a separate violation. 2. These penalty amounts reflect an adjustment for inflation pursuant to the Commission's regulations at 46 CFR Part 506. *Now therefore, it is ordered,* That pursuant to section 11(c) of the 1984 Act, 46 U.S.C. 41302, an investigation is instituted to determine:

(1)Whether Owen Anderson and Anderson International Transport violated section 8 of the 1984 Act and the Commission's regulations at 46 CFR Part 520 by operating as an NVOCC without publishing tariffs showing rates and charges;

(2)whether Owen Anderson and Anderson International Transport violated sections 19(a) and

(b)of the 1984 Act and the Commission's regulations at 46 CFR Part 515 by operating as an OTI in the U.S. foreign trades without obtaining a license from the Commission and without providing proof of financial responsibility in the form of surety bonds;

(3)whether, in the event one or more violations of the 1984 Act or the Commission's regulations are found, civil penalties should be assessed and, if so, the amount of the penalties to be assessed; and

(4)whether, in the event violations are found, appropriate cease and desist orders should be issued against Owen Anderson and Anderson International Transport; *It is further ordered,* That a public hearing be held in this proceeding and that this matter be assigned for hearing before an Administrative Law Judge of the Commission's Office of Administrative Law Judges at a date and place to be hereafter determined by the Administrative Law Judge in compliance with Rule 61 of the Commission's Rules of Practice and Procedure, 46 CFR 502.61. The hearing shall include oral testimony and cross-examination in the discretion of the presiding Administrative Law Judge only after consideration has been given by the parties and the presiding Administrative Law Judge to the use of alternative forms of dispute resolution, and upon a proper showing that there are genuine issues of material fact that cannot be resolved on the basis of sworn statements, affidavits, depositions, or other documents or that the nature of the matters in issue is such that an oral hearing and cross-examination are necessary for the development of an adequate record; *It is further ordered,* That Owen Anderson and Anderson International Transport are designated as Respondents in this proceeding; *It is further ordered,* That the Commission's Bureau of Enforcement is designated a party to this proceeding; *It is further ordered,* That notice of this Order be published in the **Federal Register** , and a copy be served on the parties of record; *It is further ordered,* That other persons having an interest in participating in this proceeding may file petitions for leave to intervene in accordance with Rule 72 of the Commission's Rules of Practice and Procedure, 46 CFR 502.72; *It is further ordered,* That all further notices, orders, and/or decisions issued by or on behalf of this Commission in this proceeding, include notice of the time and place of hearing or prehearing conference, shall be served on parties of record; *It is further ordered,* That all documents submitted by any party of record in this proceeding shall be directed to the Secretary, Federal Maritime Commission, Washington, DC 20573, in accordance with Rule 118 of the Commission's Rules of Practice and Procedure, 46 CFR 502.118, and shall be served on parties of record; and *It is further ordered,* That in accordance with Rule 61 of the Commission's Rules of Practice and Procedure, the initial decision of the Administrative Law Judge shall be issued by March 21, 2008 and the final decision of the Commission shall be issued by July 21, 2008. By the Commission. Bryant L. VanBrakle, Secretary. [FR Doc. E7-15176 Filed 8-3-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION [Docket No. 07-07] Order of Investigation and Hearing; Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping Corp. and Julio Mateo—Possible Violations of Sections 8(a) and 19 of the Shipping Act of 1984 and the Commission's Regulations at 46 CFR Parts 515 and 520 Embarque Puerto Plata, Corp. was incorporated in the State of New York on November 17, 1992, and subsequently dissolved by proclamation. Embarque Puerto Plata Inc. was incorporated in the State of New York on April 28, 2005. Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. (“Embarque”) listed its office address as 1426 Cromwell Avenue, Bronx, New York 10451. Recent indications, however, are that Embarque is currently operating at 381 East 169th Street, Bronx, New York 10456 by utilizing the different business names of Embarque Shipping and Embarque El Millon Corp. The principals of Embarque are Estebaldo Garcia and Hayda Garcia. Based on evidence available to the Commission, it appears that Embarque and Estebaldo Garcia have knowingly and willfully provided transportation services as a non-vessel operating common carrier (“NVOCC”) in the United States from at least May 2005 to the present without obtaining an ocean transportation intermediary (“OTI”) license from the Commission, without providing proof of financial responsibility, and without publishing a tariff showing its rates and charges. Ocean Sea Line, 1 located at 146 West 170th Street, Bronx, New York 10452 was incorporated in New York on November 1, 2000 and dissolved by proclamation on June 30, 2004. Maritza Gil indicated in correspondence with the Commission that she is the president of Ocean Sea Line and owns 100% of the company stock. From at least September 2003 to the present, it appears Ocean Sea Line knowingly and willfully provided ocean transportation services as a freight forwarder with respect to numerous shipments without obtaining an OTI license from the Commission and without providing proof of financial responsibility. Since Ocean Sea Line is no longer a valid New York corporation, Ms. Gil appears to be operating Ocean Sea Line as a sole proprietorship. 1 The company is listed as Ocean SeaLine in New York State corporate records. Mateo Shipping, Corp. (“Mateo Shipping”) was incorporated in the State of New York on July 12, 2004. The business office of Mateo Shipping is located at 1441 Ogden Avenue, Bronx, New York 10452. In correspondence with the Commission, Julio Mateo represented himself to be the President of Mateo Shipping, as well as owner of 50% of the capital stock. Based on evidence available to the Commission, it appears that Mateo Shipping and Julio Mateo have knowingly and willfully provided transportation services as an NVOCC from at least October, 2005 through the present without obtaining an OTI license, without providing proof of financial responsibility and without publishing a tariff showing its rates and charges. Section 8(a) of the 1984 Act, 46 U.S.C. 40501(a), requires an NVOCC to maintain open to public inspection in an automated tariff system, tariffs showing its “rates, charges, classifications, rules, and practices.” The Commission's regulations at 46 CFR 520.3 affirm this statutory requirement by directing each NVOCC to notify the Commission, prior to providing transportation services, of the location and publisher of its tariffs by filing Form FMC-1. Furthermore, section 19(a) of the 1984 Act states that no person in the United States may act as an ocean transportation intermediary unless that person holds a license issued by the Commission. 46 U.S.C. 40901. Section 19(b)(1) of the 1984 Act further requires all persons acting as ocean transportation intermediaries to furnish a bond, proof of insurance, or other surety in a form and amount determined by the Commission to insure financial responsibility. 46 U.S.C. 40902. The Commission's regulations at 46 CFR 515.21 restate this obligation and mandate that the bond, proof of insurance, or other surety evidencing the financial responsibility of an OTI shall be in the amount of $50,000 for freight forwarders and $75,000 for NVOCCs. Pursuant to section 13 of the 1984 Act, 46 U.S.C. 41107(a), a party is subject to a civil penalty of not more than $30,000 for each violation knowingly and willfully committed, and not more than $6,000 for other violations. 2 Each shipment is a separate violation. 2 These penalty amounts reflect an adjustment for inflation pursuant to the Commission's regulations at 46 CFR part 506. *Now therefore, it is ordered,* That pursuant to section 11(c) of the 1984 Act, 46 U.S.C. 41302(a), an investigation is instituted to determine:

(1)Whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Mateo Shipping, and Julio Mateo violated section 8 of the Act and the Commission's regulations at 46 CFR 520 by operating as NVOCCs without publishing tariffs showing their rates and charges;

(2)whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping, and Julio Mateo violated sections 19(a) and

(b)of the 1984 Act and the Commission's regulations at 46 CFR Part 515 by operating as OTIs in the United States trades without obtaining licenses from the Commission and without providing proof of financial responsibility;

(3)whether, in the event one or more violations of the Act or the Commission's regulations are found, civil penalties should be assessed and, if so, the amount of the penalties to be assessed; and

(4)whether, in the event violations are found, appropriate cease and desist orders should be issued against Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping, and Julio Mateo; *It is further ordered,* That a public hearing be held in this proceeding and that this matter be assigned for hearing before an Administrative Law Judge of the Commission's Office of Administrative Law Judges at a date and place to be hereafter determined by the Administrative Law Judge in compliance with Rule 61 of the Commission's Rules of Practice and Procedure, 46 CFR 502.61. The hearing shall include oral testimony and cross-examination in the discretion of the presiding Administrative Law Judge only after consideration has been given by the parties and the presiding Administrative Law Judge to the use of alternative forms of dispute resolution, and upon a proper showing that there are genuine issues of material fact that cannot be resolved on the basis of sworn statements, affidavits, depositions, or other documents or that the nature of the matters in issue is such that an oral hearing and cross-examination are necessary for the development of an adequate record; *It is further ordered,* That Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping and Julio Mateo are designated as Respondents in this proceeding; *It is further ordered,* That the Commission's Bureau of Enforcement is designated a party to this proceeding; *It is further ordered,* That notice of this Order be published in the **Federal Register** , and a copy be served on the parties of record; *It is further ordered,* That other persons having an interest in participating in this proceeding may file petitions for leave to intervene in accordance with Rule 72 of the Commission's Rules of Practice and Procedure, 46 CFR 502.72; *It is further ordered,* That all further notices, orders, and/or decisions issued by or on behalf of this Commission in this proceeding, including notice of the time and place of hearing or prehearing conference, shall be served on the parties of record; *It is further ordered,* That all documents submitted by any party of record in this proceeding shall be directed to the Secretary, Federal Maritime Commission, Washington, DC 20573, in accordance with Rule 118 of the Commission's Rules of Practice and Procedure, 46 CFR 502.118, and shall be served on parties of record; and *It is further ordered,* That in accordance with Rule 61 of the Commission's Rules of Practice and Procedure, the initial decision of the Administrative Law Judge shall be issued by July 30, 2008 and the final decision of the Commission shall be issued by December 1, 2008. By the Commission Bryant L. VanBrakle, Secretary. [FR Doc. E7-15177 Filed 8-3-07; 8:45 am] BILLING CODE 6730-01-P > FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 31, 2007. **A. Federal Reserve Bank of Cleveland** (Douglas A. Banks, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: *1. Hometown Bancshares, Inc. Middlebourne, West Virginia;* to merge with First Community Bancorp, Inc., St. Marys, West Virginia, and thereby indirectly acquire First National Bank of St. Marys, St. Marys, West Virginia. In connection with this application, First National Bank of St Marys, Saint Marys, West Virginia, will merge with Union Bank, Inc., Middlebourne, West Virginia. **B. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Capitol Bancorp, Ltd., Lansing, Michigan and Capitol Bancorp Colorado Ltd. II, Fort Collins, Colorado;* to acquire 51 percent of the voting shares of Loveland Bank of Commerce (in organization) Loveland, Colorado. *2. Capitol Bancorp, Ltd., Lansing, Michigan and Capitol Development Bancorp Limited V, Lansing Michigan;* to acquire 51 percent of the voting shares of Bank of Feather River (in organization) Yuba City, California. Board of Governors of the Federal Reserve System, August 1, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-15186 Filed 8-3-07; 8:45 am] BILLING CODE 6210-01-P GENERAL SERVICES ADMINISTRATION [FMR Bulletin 2007-B4] Federal Management Regulation; Federal Real Property Profile Summary Report AGENCY: General Services Administration. ACTION: Notice. SUMMARY: In furtherance of FMR Bulletin 2006-B4, this notice announces the Fiscal Year

(FY)2006 release of the new version of the Federal Real Property Profile

(FRPP)Summary Report, which provides an overview of the U.S. Government's owned and leased real property as of September 30, 2006. The FY 2006 FRPP Summary Report is now available. EFFECTIVE DATE: August 6, 2007. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Stanley C. Langfeld, Director, Regulations Management Division (MPR), General Services Administration, Washington, DC 20405; *stanley.langfeld@gsa.gov* ,

(202)501-1737. Please cite FMR Bulletin 2007-B4. SUPPLEMENTARY INFORMATION: The FY 2006 FRPP Summary Report provides summary-level data on worldwide real property owned and leased by the Federal Government. The reported data is pulled from the FRPP inventory system, which is a centralized, comprehensive, and descriptive database of the Government's real property portfolio, developed and managed by GSA in consultation with the Federal Real Property Council (FRPC). The FY 2006 report marks the second reporting year for the governmentwide data elements designated by the FRPC as required by Executive Order 13327. All executive branch agencies are required to submit constructed asset-level data to the FRPP on an annual basis. The FRPP system was re-engineered in FY 2005 and further enhanced in FY 2006 to meet the FRPC's information technology requirements. Agencies can use the FRPP applications to update portfolio information online and in real time, perform historical benchmarking, produce ad hoc reports, measure performance of real property assets, and identify unneeded and underutilized assets for disposal. The goals of the database are to: 1) improve decision-making with more accurate and reliable data; 2) provide the ability to benchmark Federal real property asset performance; and 3) centralize collection of key real property data elements into one Federal inventory database. Dated: July 25, 2007. Kevin Messner, Acting Associate Administrator, Office of Governmentwide Policy. General Services Administration [FMR Bulletin 2007-B4] Real Property To: Heads of Federal Agencies Subject: Federal Real Property Profile Summary Report 1. *What is the purpose of this Bulletin?* This Bulletin announces the FY 2006 release of the Federal Real Property Profile

(FRPP)Summary Report, an overview of the U.S. Government's owned and leased real property as of September 30, 2006. 2. *What is the background?* a. On February 4, 2004, the President issued Executive Order

(EO)13327, “Federal Real Property Asset Management,” and established the Federal Real Property Council

(FRPC)to oversee the Government's asset management planning process and to improve governmentwide real property performance. The EO requires the Administrator of General Services, in consultation with the FRPC, to develop and maintain a centralized inventory database, incorporating all key elements identified by the FRPC. b. The goals of the centralized database are to: 1) improve decision-making with more accurate and reliable data; 2) provide the ability to benchmark Federal real property asset performance; and 3) centralize collection of key real property data elements into one Federal inventory database. The FRPP system was re-engineered in FY 2005 and further enhanced in FY 2006 to meet the FRPC's information technology requirements. c. The FY 2006 report marks the second reporting year for the governmentwide data elements designated by the FRPC as required by Executive Order 13327. All executive branch agencies are required to submit constructed asset-level data to the FRPP on an annual basis. The FRPP is a secure, password-protected Web-based database that allows Federal real property managers to update real property data online and in real time, perform historical benchmarking, produce ad hoc reports, measure performance of real property assets, and identify unneeded and underutilized assets for disposal. The FRPP Summary Report provides information regarding Federal real property holdings to stakeholders. *3. How can we obtain a copy of the FRPP summary report?* The FY 2006 version of the FRPP Summary Report is posted on the GSA website at *http://www.gsa.gov/realpropertyprofile* . Hard copies of the report can be obtained by contacting the Asset Management Division (MPA), Office of Governmentwide Policy, General Services Administration, 1800 F Street, N.W., Washington, DC 20405. *4. Whom should we contact for further information regarding the FRPP?* For further information, contact Stanley C. Langfeld, Director, Regulations Management Division (MPR), Office of Governmentwide Policy, General Services Administration, at

(202)501-1737, or *stanley.langfeld@gsa.gov* . [FR Doc. E7-15170 Filed 8-3-07; 8:45 am] BILLING CODE 6820-RH-S GENERAL SERVICES ADMINISTRATION Federal Travel Regulation (FTR); Maximum Per Diem Rates for the Continental United States (CONUS) AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Notice of Per Diem Bulletin 08-01, Fiscal Year

(FY)2008 continental United States (CONUS) per diem rates. SUMMARY: The General Services Administration's (GSA's) annual per diem review has resulted in lodging and meal allowance rate changes for locations within the continental United States (CONUS) to provide for the reimbursement of Federal employees' authorized travel expenses covered by per diem. Per Diem Bulletin 08-01 updates the standard CONUS lodging per diem rate as well as the maximum per diem amounts for existing non-standard areas

(NSAs)located within CONUS. The standard CONUS lodging rate will increase to $70. All CONUS per diem rates prescribed in Bulletin 08-01 may be found at *http://www.gsa.gov/perdiem.* GSA based the lodging per diem rates, including the updated standard CONUS lodging rate, on average daily rate information that the lodging industry reports. The use of such data in the per diem rate setting process enhances the Government's ability to obtain policy compliant lodging where it is needed. In addition to the annual lodging study, GSA identified two new redefined non-standard areas (NSA's), which prompted an out of cycle meal survey for these areas. For a complete listing of pertinent information that must be submitted through a Federal executive agency for GSA to restudy a location if a CONUS or standard CONUS per diem rate is insufficient to meet necessary expenses, please review numbers 4 and 5 of our per diem Frequently Asked Questions at ( *http://www.gsa.gov/perdiemfaqs* ). DATES: This notice is effective October 1, 2007, and applies for travel performed on or after October 1, 2007 through September 30, 2008. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Cy Greenidge, Office of Governmentwide Policy, Office of Travel, Transportation, and Asset Management, at

(202)219-2349, or by e-mail at *http://www.gsa.gov/perdiemquestions.* Please cite Notice of Per Diem Bulletin 08-01. SUPPLEMENTARY INFORMATION: A. Background After an analysis of current data, the General Services Administration

(GSA)has determined that the current standard continental United States (CONUS) lodging rate, as well as lodging rates for certain localities (non-standard areas), do not adequately reflect lodging market conditions. To develop the per diem rates for FY 2008, GSA used the same average daily rate-based methodology used for establishing the FY 2007 per diem rates. The use of average daily rate information to establish the standard CONUS lodging rate is new for FY 2008. A meals study was also conducted for two new non-standard areas (NSAs). B. Change in Standard Procedure GSA issues/publishes the CONUS per diem rates, formerly published in Appendix A to 41 CFR Chapter 301, solely on the internet at *http://www.gsa.gov/perdiem.* This process, implemented in 2003, ensures more timely changes in per diem rates established by GSA for Federal employees on official travel within CONUS. Notices published periodically in the **Federal Register** , such as this one, now constitute the only notification of revisions in CONUS per diem rates to agencies. Dated: July 31, 2007. Becky Rhodes, Deputy Associate Administrator. [FR Doc. E7-15216 Filed 8-3-07; 8:45 am] BILLING CODE 6820-14-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-07-07BO] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention

(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project State of Pennsylvania Fire and Life Safety Public Education Survey—New—Division of Unintentional Injury, National Center for Injury Prevention and Control (NCIPC), Centers for Disease Control and Prevention (CDC). Background and Brief Description This project will involve conducting a statewide survey of Pennsylvania fire departments to identify current fire and life safety education programs, resources, and training needs. Survey findings will be used to develop an inventory of programs and resources, and to inform future training programs for fire and life safety educators in Pennsylvania. In the United States each year, there are approximately 400,000 residential fires, with 14,000 non-fatal and 3,000 fatal civilian injuries. In line with Healthy People 2010 objectives, National Center of Injury Prevention and Control (NCIPC) works to reduce and eliminate non-fatal and fatal injuries from residential fires. The survey will be conducted with fire departments in Pennsylvania. The 2007 National Directory of Fire Chiefs & EMS Administrators lists all fire departments in Pennsylvania along with their contact information. Fire departments will be asked to complete a 35-item survey either on-line or by returning a paper survey. It is expected that 1,000 fire departments will complete the 30 minute survey, which is designed to collect information on the scope and content of educational programs and activities, training needs, and barriers to fire and life safety education. An initial mailing (and e-mail if e-mail address exists) to the fire chief of each fire department will include a postcard describing the study and instructing them how to submit the survey. Fire departments that have not completed the survey and have not declined will be sent a reminder postcard and will receive a follow-up telephone call. There are no costs to respondents except for their time to participate in the surveys. Estimated Annualized Burden Hours Respondents Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden (in hours) Fire Departments—Completed survey 1,000 1 30/60 500 Total 500 Dated: July 31, 2007. Marilyn S. Radke, Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E7-15218 Filed 8-3-07; 8:45 am] BILLING CODE 4163-18-P > DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket Nos. 2006P-0287 and 2006P-0399] Determination That PHOSLO (Calcium Acetate) 667-Milligram Tablet Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)has determined that PHOSLO (calcium acetate) 667-milligram

(mg)tablet, equal to 169 mg calcium, was not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for calcium acetate 667-mg tablet. FOR FURTHER INFORMATION CONTACT: Nikki Mueller, Center for Drug Evaluation and Research (HFD-7), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-2041. SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA sponsors must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved. Sponsors of ANDAs do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA). The only clinical data required in an ANDA are data to show that the drug that is the subject of the ANDA is bioequivalent to the listed drug. The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is generally known as the “Orange Book.” Under FDA regulations, drugs are withdrawn from the list if the agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162). Under § 314.161(a)(1) (21 CFR 314.161(a)(1)), the agency must determine whether a listed drug was withdrawn from sale for reasons of safety or effectiveness before an ANDA that refers to that listed drug may be approved. FDA may not approve an ANDA that does not refer to a listed drug. PHOSLO (calcium acetate) 667-mg tablet, equal to 169 mg calcium, is the subject of approved NDA 19-976 held by Fresenius Medical Care (Fresenius). PHOSLO (calcium acetate) 667-mg tablet is indicated for the control of hyperphosphatemia in end stage renal failure. Fresenius's NDA 19-976 was approved on December 10, 1990. Lachman Consultant Services, Inc., and Beckloff Associates, submitted citizen petitions dated July 14, 2006 (Docket No. 2006P-0287/CP1) and September 27, 2006 (Docket No. 2006P-0399), respectively, under 21 CFR 10.30, requesting that the agency determine, as described in § 314.161, whether PHOSLO (calcium acetate) 667-mg tablet was withdrawn from sale for reasons of safety or effectiveness. The agency has determined that Fresenius's PHOSLO (calcium acetate) 667-mg tablet was not withdrawn from sale for reasons of safety or effectiveness. FDA has reviewed its files for records concerning the withdrawal of PHOSLO (calcium acetate) 667-mg tablet from sale. There is no indication that the decision to discontinue marketing of PHOSLO (calcium acetate) 667-mg tablet was a function of safety or effectiveness concerns, and the petitioner has identified no data or information suggesting that PHOSLO (calcium acetate) 667-mg tablet was withdrawn for safety or effectiveness reasons. FDA has independently evaluated relevant literature and data for adverse event reports and has found no information that would indicate that PHOSLO (calcium acetate) 667-mg tablet was withdrawn for reasons of safety or effectiveness. 1 1 Beckloff Associates also requested that the agency determine whether PHOSLO (calcium acetate) 667-mg capsule was withdrawn from sale for reasons of safety or effectiveness. Because a capsule dosage form for this product is currently marketed, such a determination is not necessary (See NDA 21-160, product no. 3). After considering the citizen petitions and reviewing agency records, FDA determines that for the reasons outlined in this document, PHOSLO (calcium acetate) 667-mg tablet was not withdrawn from sale for reasons of safety or effectiveness. Accordingly, the agency will continue to list PHOSLO (calcium acetate) 667-mg tablet in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” delineates, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness. ANDAs that refer to PHOSLO (calcium acetate) 667-mg tablet may be approved by the agency as long as they meet all relevant legal and regulatory requirements for the approval of ANDAs. If FDA determines that labeling for these drug products should be revised to meet current standards, the agency will advise ANDA applicants to submit such labeling. Dated: July 30, 2007. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E7-15172 Filed 8-3-07; 8:45 am] BILLING CODE 4160-01-S > DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006P-0446] Determination That PHENERGAN (Promethazine Hydrochloride) Suppositories, 12.5 Milligrams and 25 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)has determined that PHENERGAN (promethazine hydrochloride (HCl)) suppositories, 12.5 milligrams

(mg)and 25 mg, were not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for promethazine HCl suppositories, 12.5 mg and 25 mg. FOR FURTHER INFORMATION CONTACT: Mary Catchings, Center for Drug Evaluation and Research (HFD-7), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-2041. SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA sponsors must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved. Sponsors of ANDAs do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA). The only clinical data required in an ANDA are data to show that the drug that is the subject of the ANDA is bioequivalent to the listed drug. The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is generally known as the “Orange Book.” Under FDA regulations, drugs are removed from the list if the agency withdraws or suspends approval of the drug's NDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162). Under § 314.161(a)(1) (21 CFR 314.161(a)(1)), the agency must determine whether a listed drug was withdrawn from sale for reasons of safety or effectiveness before an ANDA that refers to that listed drug may be approved. FDA may not approve an ANDA that does not refer to a listed drug. PHENERGAN (promethazine HCl) suppositories, 12.5 mg and 25 mg, are the subject of approved NDA 10-926 held by Wyeth Pharmaceuticals, Inc. (Wyeth). PHENERGAN (promethazine HCl) suppositories are indicated for, among other things, certain types of allergic reactions and sedation. Wyeth's NDA 10-926 was originally approved in 1958. In 1971, under the Drug Efficacy Study Implementation (DESI), FDA concluded that promethazine HCl rectal suppositories were effective or probably effective for the indications described in the **Federal Register** notice published on June 18, 1971 (DESI 6290, 36 FR 11758). In a citizen petition received November 1, 2006 (Docket No. 2006P-0446/CP1), submitted under 21 CFR 10.30, Taro Pharmaceuticals U.S.A., Inc., requested that the agency determine, as described in § 314.161, whether PHENERGAN (promethazine HCl) suppositories, 12.5 mg and 25 mg, were withdrawn from sale for reasons of safety or effectiveness. The agency has determined that PHENERGAN (promethazine HCl) suppositories, 12.5 mg and 25 mg, were not withdrawn from sale for reasons of safety or effectiveness. In support of this finding, we note that promethazine HCl is a widely used product that has been marketed for many decades in many dosage forms. FDA has independently evaluated relevant literature and data for possible postmarketing adverse events and has found no information that would indicate that PHENERGAN suppositories, 12.5 mg and 25 mg, were withdrawn from sale for reasons of safety or effectiveness. After considering the citizen petition and reviewing its records, FDA determines that, for the reasons outlined in this notice, PHENERGAN (promethazine HCl) suppositories, 12.5 mg and 25 mg, were not withdrawn from sale for reasons of safety or effectiveness. Accordingly, the agency will continue to list PHENERGAN (promethazine HCl) suppositories, 12.5 mg and 25 mg, in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” delineates, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness. ANDAs that refer to PHENERGAN (promethazine HCl) suppositories, 12.5 mg and 25 mg, may be approved by the agency as long as they meet all relevant legal and regulatory requirements for approval of ANDAs. If FDA determines that labeling for these drug products should be revised to meet current standards, the agency will advise ANDA applicants to submit such labeling. Dated: July 30, 2007. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E7-15174 Filed 8-3-07; 8:45 am] BILLING CODE 4160-01-S > DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006P-0160] Determination That Daranide (Dichlorphenamide) Tablets, 50 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)has determined that Daranide (dichlorphenamide) Tablets, 50 milligrams (mg), were not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for dichlorphenamide tablets, 50 mg. FOR FURTHER INFORMATION CONTACT: Mary Catchings, Center for Drug Evaluation and Research (HFD-7), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-2041. SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA sponsors must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA). The only clinical data required in an ANDA are data to show that the drug that is the subject of the ANDA is bioequivalent to the listed drug. The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is generally known as the “Orange Book.” Under FDA regulations, drugs are removed from the list if the agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness, or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162). Under 21 CFR 314.161(a)(1), the agency must determine whether a listed drug was withdrawn from sale for reasons of safety or effectiveness before an ANDA that refers to that listed drug may be approved. FDA may not approve an ANDA that does not refer to a listed drug. In a citizen petition dated April 12, 2006 (Docket No. 2006P-0160/CP1), submitted under 21 CFR 10.30, Taro Research Institute requested that the agency determine whether Daranide Tablets, 50 mg, were withdrawn from sale for reasons of safety or effectiveness. Daranide (dichlorphenamide) Tablets, 50 mg, are the subject of approved NDA 11-366 held by Merck & Co., Inc. (Merck). Daranide is indicated for adjunctive treatment of glaucoma. Merck discontinued marketing Daranide Tablets, 50 mg, in June 2002, and they were moved to the “Discontinued Drug Product List” section of the Orange Book. The agency has determined that Daranide Tablets, 50 mg, were not withdrawn from sale for reasons of safety or effectiveness. The petitioner identified no data or other information suggesting that Daranide Tablets, 50 mg, were withdrawn from sale as a result of safety or effectiveness concerns. FDA has independently evaluated relevant literature and data for possible postmarketing adverse events and has found no information that would indicate that this product was withdrawn from sale for reasons of safety or effectiveness. After considering the citizen petition and reviewing its records, FDA determines that, for the reasons outlined in this notice, Daranide (dichlorphenamide) Tablets, 50 mg, were not withdrawn from sale for reasons of safety or effectiveness. Accordingly, the agency will continue to list Daranide (dichlorphenamide) Tablets, 50 mg, in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” delineates, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness. ANDAs that refer to Daranide (dichlorphenamide) Tablets, 50 mg, may be approved by the agency as long as they comply with relevant legal and regulatory requirements. If FDA determines that labeling for this drug product should be revised to meet current standards, the agency will advise ANDA applicants to submit such labeling. Dated: July 30, 2007. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E7-15230 Filed 8-3-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Methods for Determining Hepatocellular Carcinoma Subtype and Detecting Hepatic Cancer Stem Cells Description of Technology: Hepatocellular carcinoma

(HCC)is the third leading cause of cancer death worldwide, and it is very heterogeneous in terms of its clinical presentation as well as genomic and transcriptomic patterns. HCC can originate from both adult hepatocytes and hepatic progenitor cells. The extent of progenitor cell activation and the direction of differentiation are correlated with the severity of the disease. HCC patient variability indicates that HCC comprises several biologically distinct subtypes. This heterogeneity and the lack of appropriate biomarkers have hampered patient prognosis and treatment stratification. Available for licensing are microRNA biomarkers that are associated with four HCC subtypes: hepatic stem cell-like, bile duct epithelium-like, hepatocytic progenitor-like, and mature hepatocyte-like. One unique profile is associated with HCC with features of liver stem cells and poor patient prognosis. It has both diagnostic and therapeutic value in the management of HCC patients. Applications: A diagnostic assay where HCC treatment can be individualized according to patient HCC subtype; An assay for HCC to prognose patient survival; Therapeutic compositions that target subtype specific HCC. Market: HCC is the third leading cause of cancer death worldwide; HCC is the fifth most common cancer in the world; Post-operative five year survival rate of HCC patients is 30-40%. Development Status: The technology is currently in the pre-clinical stage of development. Inventors: Xin Wei Wang

(NCI)*et al.* Publications: 1. Presented at Keystone Symposia on MicroRNA and Cancer in June 2007. 2. R Garzon *et al.* MicroRNA expression and function in cancer. Trends Mol Med. 2006 Dec;12(12):580-587. Patent Status: U.S. Provisional Application No. 60/942,833 filed 08 Jun 2007 (HHS Reference No. E-215-2007/0-US-01). Licensing Status: Available for exclusive or non-exclusive licensing. Licensing Contact: Jennifer Wong; 301/435-4633; *wongje@mail.nih.gov* . Collaborative Research Opportunity: The National Cancer Institute, Laboratory of Human Carcinogenesis, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Isolation, Cloning, and Characterization of Novel Adeno-Associated Virus Serotypes Description of Technology: Adeno-associated viruses

(AAV)are used in gene delivery, but with limited success due to toxicity. The novel AAVs described in this technology may be more effective and useful in gene therapy applications. This invention relates to new adeno-associated viruses (AAV), vectors and particles derived therefrom and also provides methods for delivering specific nucleic acids to cells using the AAV vectors and particles. The inventors cloned and sequenced the genomes of AAVs found in twelve

(12)simian adenovirus isolates and determined that the AAVs were novel. Ten

(10)of these isolates had high similarity to AAV1 and AAV6 (>98%). Despite the high homology to AAV6, these novel AAVs demonstrated distinct cell tropisms and reactivity towards a panel of lectins, suggesting that they may use a distinct entry pathway. Applications: AAVs can be used as delivery systems in gene therapy; AAV's also have gene transfer applications. Advantages: Vectors based on these new AAV serotypes may have a different host range and different immunological properties, thus allowing for more efficient transduction in certain cell types than previously used AAV. Benefits: Gene therapy has tremenous potential in treating several life threatening diseases, and this technology has the potential to benefit millions of patients that could benefit from the proper use of gene therapy treatments. Additionally, the gene therapy market is now a multi-million dollar industry can substantially benefit from the use of this technology. A range of licensing opportunities exist, including material licenses, commercial licenses, nonexclusive and exclusive licenses, as well as fields of use directed towards clinical applications. Please see the Office of Technology Transfer website for more information ( *http://www.ott.nih.gov* ). Inventors: Michael Schmidt (NIDCR), John A. Chiorini (NIDCR), *et al.* U.S. Patent Status: Pending PCT Application PCT/US2006/017157, published as WO 2006/119432 (HHS Reference No. E-179-2005/0-PCT-02). Licensing Contact: David A. Lambertson, Ph.D.; Phone:

(301)435-4632; Fax:

(301)402-0220; E-mail: *lambertsond@mail.nih.gov.* Collaborative Research Opportunity: The National Institute of Dental and Craniofacial Research, Gene Therapy and Therapeutics Branch, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize adeno-associated viruses. Please contact David W. Bradley, Ph.D. at *bradleyda@nidcr.nih.gov* for more information. Serum Autoantibody for Cancer Diagnostics Description of Technology: The invention demonstrates that the approach of autoantibody analysis provides a valuable approach for cancer diagnosis. Detecting serum autoantibodies against extracellular form of protein kinase A (ECPKA) can effectively diagnose cancer. The technology describes compositions and methods for detecting autoantibodies against an ECPKA for the diagnosis of cancer. Because ECPKA is secreted from cancer cells at higher rate than normal cells, the formation of serum autoantibodies to ECPKA in cancer patients is greater. A highly sensitive enzyme immunoassay that measures the presence of anti-ECPKA autoantibody in serum of cancer patients can therefore be used for cancer diagnosis. Application: ECPKA-autoantibody-based immunoassay method provides an important diagnostic procedure applicable for the detection of various cancers. Advantages: Highly sensitive and specific immunoassay developed for anti-ECPKA antibody is more sensitive and specific than results from other current assays that detect only antigen activity; high statistical correlation betweeen the presence of serum-autoantibody directed against ECPKA and presence of cancer. Benefits: Early detection of cancer and this technology can contribute significantly to improving the clinical management of cancer and thus the quality of life for people suffering from the disease. Furthermore, the cancer diagnostic market is estimated to grow to almost $10 billion dollars in the next 5 years, providing a significant financial opportunity. Inventors: Yoon S. Cho-Chung (NCI). U.S. Patent Status: U.S. Patent Application No. 10/592,040 (HHS Reference No. E-081-2004/2-US-02); Foreign Rights are also available. Licensing Contact: David A. Lambertson, Ph.D.; Phone:

(301)435-4632; Fax:

(301)402-0220; E-mail: *lambertsond@mail.nih.gov.* A New Series of Thalidomide Analogs That Have Potent Anti-Angiogenic Properties Description of Technology: This technology describes synthesis of several novel tetrahalogenated thalidomide derivatives that are potentially more anti-angiogenic than thalidomide. More specifically, two series of analogs based on two major common pharmacophores have been synthesized. One series preserves the thalidomide common structure, while the other series contains a different common structure (tetrafluorobenzamides). Several analogs from both series have shown significant anti-angiogenic properties, *in vitro.* Applications: The novel thalidomide derivatives have therapeutic potential for a broad spectrum of cancer related diseases alone, or in combination with existing therapies. The compounds can also be useful for the treatment of autoimmune diseases. Advantages: Superior anti-angiogenic and anti-cancer activity when compared with thalidomide; *In vitro* data supports use in multiple cancer types. Benefits: Cancer is the second leading cause of death in the United States and it is estimated that there will be approximately 600,000 deaths caused by cancer in 2007. Improving the quality of life and duration of life of cancer patients will depend a lot on chemotherapies with reduced toxicity and this technology can contribute significantly to that social cause. Furthermore, the technology involving novel anti-angiogenic small molecule cancer therapy technology has a potential market of more than $2 billion. Inventors: William D. Figg

(NCI)*et al.* U.S. Patent Status: Pending PCT Application PCT/US2007/008849 (HHS Reference No. E-080-2006/0-PCT-02). Licensing Contact: David A. Lambertson, Ph.D.; Phone:

(301)435-4632; Fax:

(301)402-0220; E-mail: *lambertsond@mail.nih.gov.* Dated: July 30, 2007. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E7-15168 Filed 8-3-07; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS ACTION: Notice SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Immortalized Cell Line for Retroviral Studies *Description of Technology:* This technology describes immortalized human umbilical cord-blood T lymphocytes transformed with the retrovirus human T-cell leukemia-lymphoma virus (HTLV). These cells contain the HTLV genome and synthesize viral RNA but are restricted in their expression of viral structure proteins. This cell line should be useful in the study of retrovirus expression. Please visit the NIH AIDS Research and Reference Reagent Program Web site ( *http://www.aidsreagent.org; catalog #404* ) for additional information. *Applications:* Viral expression studies; Study of viral proteins and nucleic acids involved in T-cell immortalization. *Inventors:* Genoveffa Franchini (NCI). *Publications:* 1. SZ Salahuddin *et al.* Restricted expression of human T-cell leukemia—lymphoma virus

(HTLV)in transformed human umbilical cord blood lymphocytes. Virology 1983 Aug;129(1):51-64. 2. NIH AIDS Research and Reference Reagent Program Web site. *Patent Status:* HHS Reference No. E-272- 2007/0—Research Tool. *Licensing Status:* Available for licensing. *Licensing Contact:* Susan Ano, Ph.D.; 301/435-5515; *anos@mail.nih.gov.* Device and Method for Protecting Against Coronary Artery Compression During Transcatheter Mitral Valve Annuloplasty *Description of Technology:* Catheter-based mitral valve regurgitation treatments that use a coronary sinus trajectory or coronary sinus implant can have unwanted effects because the coronary sinus and its branches have been found to cross the outer diameter of major coronary arteries in a majority of humans. As a result, pressure applied by any prosthetic device in the coronary sinus (such as tension on the annuloplasty device) can compress the underlying coronary artery and induce myocardial ischemia or infarction. Available for licensing and commercial development are devices and methods that avoid constricting coronary artery branches during coronary sinus-based annuloplasty. These devices and methods protect coronary artery branches from constriction during trans-sinus mitral annuloplasty. The device protects a coronary vessel from compression during mitral annuloplasty in which an annuloplasty element, such as a tensioning device, extends at least partially through the coronary sinus over a coronary artery. The device is a surgically sterile bridge configured for placement within the coronary sinus at a location where the coronary sinus passes over a coronary artery, so that the protection device provides a support for a mitral annuloplasty element, such as a compressive prosthesis, including a tension element when it is placed under tension. The protection device has an arch of sufficient rigidity and dimensions to support the tensioning element over the coronary artery, redistribute tension away from an underlying coronary artery, and inhibit application of pressure to the underlying artery, for example when an annuloplasty tension element is placed under tension during mitral annuloplasty. In particular, the protective device can be a support interposed in the coronary sinus between the annuloplasty device and the coronary artery. The device may be substantially tubular so that the tensioning element is contained within the protective device and supported in spaced relationship to the coronary artery. An arch may be configured to extend between a proximal end and a distal end that are substantially collinear with one another so that the ends form stabilizing members such as feet that retain the bridge in position over the coronary artery. The device may be used in methods of improving the function of a mitral valve in a subject in which an annuloplasty element, for example an element that exerts compressive remodeling forces on the mitral valve (such as a tensioning element), is introduced at least partially around the mitral valve, for example at least partially through the coronary sinus and over a coronary artery. The protective device is placed between the annuloplasty element and the coronary artery, with the annuloplasty element supported by the bridge of the device. Compressive remodeling forces are exerted by the annuloplasty device (for example by applying tension to alter the shape or configuration of the mitral valve annulus to reduce its circumference) while supporting the annuloplasty element on the bridge to inhibit application of pressure to the coronary artery. The function of the mitral valve in the patient is thereby improved without impairing coronary blood flow. The annuloplasty element can be introduced at least partially around the mitral valve by advancing the annuloplasty element in an endovascular catheter through the vascular system to the heart and introducing the annuloplasty element and the protective device from the catheter into the coronary sinus through a coronary sinus ostium. In those embodiments in which the protective device includes an internal lumen, the annuloplasty element extends through the lumen of the protective device over the coronary artery so that the annuloplasty element is supported by the protective device. The protective device can be integrated directly into the annuloplasty element, such as a resilient or expandable device, or a tensioning element or tensioning material. In other embodiments, this disclosure provides a method of improving function of a mitral valve in a subject who has mitral regurgitation by performing a mitral valve cerclage annuloplasty. In a particular disclosed example of the procedure, a guiding catheter is percutaneously inserted through the vasculature of a subject. The guiding catheter is introduced through the coronary sinus into the great cardiac vein, and a steerable microcatheter or other coaxial guiding catheter or steering device introduces a guidewire into a basal blood vessel such as the first septal coronary vein. From there the guidewire traverses under imaging guidance the septal myocardium or annulus fibrosis and reenters the right ventricle or right atrium. The guidewire is then retrieved using a vascular snare and the guiding catheter and guidewire are replaced with a tensioning system. The protective device is then introduced through the guiding catheter over or in tandem with the tensioning system so as to protect an underlying coronary artery when tension is introduced to perform the annuloplasty. *Applications:* Cardiac valve repair; Interventional Cardiology; Cardiac Surgery. *Development Status:* Early-stage; Pre-clinical data available; Prototype. *Inventors:* June-Hong Kim, Robert J. Lederman, Ozgur Kocaturk (NHLBI). *Patent Status:* U.S. Provisional Application No. 60/858,716 filed 14 Nov 2006. (HHS Reference No. E-249-2006/0-US-01); U.S. Provisional Application No. 60/932,611 filed 31 May 2007 (HHS Reference No. E-249-2006/1-US-01); The issued and pending patent rights are solely owned by the United States Government. *Licensing Status:* Available for licensing on an exclusive or non-exclusive basis. *Licensing Contact:* Michael A. Shmilovich, Esq.; 301/435-5019; *shmilovm@mail.nih.gov* . *Collaborative Research Opportunity:* The NHLBI Cardiovascular Branch is seeking statements of capability or interest from parties interested in collaborative research to further development, evaluate, or commercialize catheter-based cardiovascular devices. Please contact Peg Koelble, NHLBI Office of Technology Transfer and Development, at 301-594-4095 or *koelblep@nhlbi.nih.gov.* A Shuttle Plasmid, Recombinant MVA/HIV1 Clinical Vaccine Constructs and a Mechanism for Enhanced Stability of Foreign Gene Inserts by Codon Alternation and for Insertion of the Foreign Gene Between Two Vaccinia Virus Essential Genes *Description of Technology:* Since the onset of the AIDS epidemic more than two decades ago, enormous efforts have been directed to making a vaccine that will protect against human immunodeficiency virus-1 (HIV); an effective vaccine is thought to require the induction of cellular and humoral responses. Vaccine candidates have included a variety of HIV immunogens delivered as DNA, attenuated poxviruses, adenoviruses, vesicular stomatitis virus, proteins, and various combinations thereof. The inventors' efforts to design an HIV vaccine have focused on modified vaccinia virus Ankara

(MVA)as a vector. The patent application describes

(1)The shuttle plasmid, pLW73, used for insertion of a foreign gene between two essential vaccinia virus genes (in this case, I8R, G1L),

(2)an MVA/Ugandan Clade D

(UGD)construct, and

(3)an MVA/HIV 75 AG construct using pLW73 as a vector. Additionally, the invention provides two methods:

(1)A method useful for large-scale production of recombinant vaccinia viruses, and

(2)a method for stabilizing foreign gene inserts that undergo mutation after repeated passages, again useful in large-scale production of recombinant vaccinia viruses. *Application:* Immunization against HIV. *Developmental Status:* Vaccine candidates have been synthesized and preclinical studies have been performed. The vaccine candidates of this invention are slated to enter Phase I clinical trials in the next year. *Inventors:* *Bernard Moss,* Patricia Earl, Linda Wyatt (NIAID). *Patent Status:* U.S. Patent Application No. 60/840,093 filed 25 Aug 2006 (HHS Reference No. E-248-2006/0-US-01); U.S. Patent Application No. 60/840,755 filed 28 Aug 2006 (HHS Reference No. E-248-2006/1-US-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Peter J. Soukas, J.D.; 301/435-4646; *soukasp@mail.nih.gov.* Molecular Probes for Identification or Isolation of Membrane Proteins *Description of Technology:* This technology describes a new class of molecular probes designed around an iodonaphthyl succinate antigen that can be used to label and tag proteins using a variety of conventional protein modification chemistries. The technology is offered as a combination of probe + monoclonal antibodies against the probe (three clones). The probe can be used for labeling and tagging cell surface and integral membrane proteins as well as soluble proteins. The monoclonal antibodies were tested and found effective for immunoprecipitation, western blot, and flow cytometry. Once tagged, the modified proteins can be detected or isolated using an antibody reactive with the probe. Several possible probes and monoclonal antibodies that react with them are described. These probes and their corresponding antibodies have significant advantages over the biotin-avidin system. *Advantages:* Reversibility of binding for protein isolation; Lack of high, non-specific binding to cell surfaces; Ability to incorporate isotopic 125 I label in the probe for tracking tagged proteins in vivo. *Applications:* Protein labeling; Protein isolation. *Development Status:* In vitro data available. *Inventors:* Yossef Raviv *et al.* (NCI). *Patent Status:* U.S. Provisional Application No. 60/906,166 filed 09 Mar 2007 (HHS Reference No. E-162-2006/0-US-01). *Licensing Contact:* Susan Ano, Ph.D.; 301/435-5515; *anos@mail.nih.gov.* Cross-protective Influenza Vaccine That Protects Against Lethal H5N1 Challenge *Description of Technology:* Concerns about a potential influenza pandemic and its prevention are a regular part of health news, with bird (avian) influenza (prominently including H5N1 strains) being a major concern. Vaccination is one of the most effective ways to minimize suffering and death from influenza. Currently, there is not an effective way to vaccinate against avian influenza without knowing what subtype and strain will circulate. The technology described here relates to use of influenza A matrix 2

(M2)protein of a sequence derived from one subtype to induce immunity protective against infection with other subtypes, an approach made possible by the fact that M2 is highly conserved among different influenza strains. The M2 component can be expressed from a DNA vaccine or recombinant viral vector, can be a protein or peptide, or can involve immunizing with one form and boosting with another, for example a DNA or viral vector followed by or preceded by a polypeptide. The M2 component can be used either alone or in combination with other influenza components, and can be administered with or without adjuvant. Specifically, mouse studies showed that the DNA vaccine priming followed by recombinant adenoviral boosting with constructs expressing M2 from an H1N1 strain protected against a lethal challenge with an H5N1 strain. Such cross-protection would be beneficial in a seasonal or pandemic influenza vaccine product. The current approach offers several advantages over traditional influenza vaccine approaches, including

(a)ease and speed of production without need for eggs,

(b)vaccine manufacture not based upon surveillance to determine dominant strain(s), and

(c)effectiveness despite antigenic shift for the components HA and NA of circulating viruses. *Application:* Influenza vaccine. *Development Status:* Animal (mouse) data available. *Inventors:* Suzanne L. Epstein *et al.* (CBER/FDA). *Patent Status:* U.S. Provisional Application No. 60/786,152 filed 27 Mar 2006 (HHS Reference No. E-076-2006/0-US-01); PCT Application No. PCT/US2007/007679 filed 27 Mar 2007 (HHS Reference No. E-076-2006/1-PCT-01). *Licensing Contact:* Susan Ano, PhD; 301/435-5515; *anos@mail.nih.gov.* *Collaborative Research Opportunity:* The Center for Biologics Evaluation and Research, Office of Cellular, Tissue, and Gene Therapies, Division of Cellular and Gene Therapies, Gene Therapy and Immunogenicity Branch, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize matrix 2

(M2)vaccines protective against influenza A subtypes, including high-pathogenicity avian strains, differing from the strain from which the vaccine was derived. Please contact Dr. Suzanne Epstein at 301-827-0450 or *suzanne.epstein@fda.hhs.gov* for more information. Targeting Poly-Gamma-Glutamic Acid To Treat Staphylococcus Epidermidis and Related Infections *Description of Invention:* Over the past decade, *Staphylococcus epidermidis* has become the most prevalent pathogen involved in nosocomial infections. Usually an innocuous commensal microorganism on human skin, this member of the coagulase-negative group of staphylococci can cause severe infection after penetration of the epidermal protective barriers of the human body. In the U.S. alone, *S. epidermidis* infections on in-dwelling medical devices, which represent the main type of infection with *S. epidermidis* , cost the public health system approximately $1 billion per year. Importantly, *S. epidermidis* is frequently resistant to common antibiotics. Immunogenic compositions and methods for eliciting an immune response against *S. epidermidis* and other related staphylococci are claimed. The immunogenic compositions can include immunogenic conjugates of poly-γ-glutamic acid (such as γDLPGA) polypeptides of *S. epidermidis* , or related staphylococci that express a γPGA polypeptide. The γPGA conjugates elicit an effective immune response against *S. epidermidis* , or other staphylococci, in subjects to which the conjugates are administered. A method of treating an infection caused by a *Staphylococcus* organism that expresses CAP genes is also disclosed. The method can include selecting a subject who is at risk of or has been diagnosed with the infection by the *Staphylococcus* organism which expresses γPGA from the CAP genes. Further, the expression of a γPGA polypeptide by the organism can then be altered. *Application:* Prophylactics against *S. epidermidis.* *Developmental Status:* Preclinical studies have been performed. *Inventors:* Michael Otto, Stanislava Kocianova, Cuong Vuong, Jovanka Voyich, Yufeng Yao, Frank DeLeo (NIAID). *Publication:* S Kocianova *et al.* Key role of poly-gamma-DL-glutamic acid in immune evasion and virulence of *Staphylococcus epidermidis.* J Clin Invest. 2005 Mar;115(3):688-694. *Patent Status:* PCT Patent Application No. PCT/US2006/026900 filed 10 Jul 2006 (HHS Reference No. E-263-2005/0-PCT-02). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Peter A. Soukas, J.D.; 301/435-4646; *soukasp@mail.nih.gov.* *Collaborative Research Opportunity:* The National Institute of Allergy and Infectious Diseases, Laboratory of Human Bacterial Pathogenesis, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize the use of poly-γ-glutamic acid of staphylococci. Please contact Dr. Michael Otto at *motto@niaid.nih.gov* for more information. Improved Expression Vectors for Mammalian Use *Description of Technology:* This technology relates to improving levels of gene expression using a combination of a constitutive RNA transport element

(CTE)with a mutant form of another RNA transport element (RTE). The combination of these elements results in a synergistic effect on stability of mRNA transcripts, which in turn leads to increased expression levels. Using HIV-1 gag as reporter mRNA, one mutated RTE in combination with a CTE was found to improve expression of unstable mRNA by about 500-fold. Similarly this combination of elements led to synergistically elevated levels of HIV-1 Env expression. The function of CTEs and RTEs is conserved in mammalian cells, so this technology is a simple and useful way of obtaining high levels of expression of otherwise poorly expressed genes and can be used in a number of applications such as but not limited to improvements of gene therapy vectors, expression vectors for mammalian cells. *Applications:* Gene therapy; DNA vaccines; Protein expression. *Development Status:* In vitro data available. *Inventor:* Barbara Felber *et al.* (NCI). *Patent Status:* U.S. Utility Application No. 10/557,129, filed 16 Nov 2005, from PCT Application No. PCT/US04/15776 filed 19 May 2004, which published as WO2004/113547 on 29 Dec 2004 (HHS Reference No. E-223-2003/1-US-03). *Licensing Status:* Available for licensing. *Licensing Contact:* Susan Ano, PhD; 301/435-5515; *anos@mail.nih.gov.* *Collaborative Research Opportunity:* The National Cancer Institute Vaccine Branch is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Dated: July 31, 2007. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E7-15208 Filed 8-3-07; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Center for Substance Abuse Treatment; Notice of Meeting Pursuant to Public Law 92-463, notice is hereby given that the Substance Abuse and Mental Health Services Administration (SAMHSA) Center for Substance Abuse Treatment

(CSAT)National Advisory Council will meet on August 23, 2007 from 1 p.m. to 3 p.m. via teleconference. The meeting will include review, discussion, and evaluation of grant applications. Therefore, the meeting will be closed to the public as determined by the Administrator, SAMHSA, in accordance with Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. App. 2, Section 10(d). Substantive program information, a summary of the meeting and a roster of Council members may be obtained as soon as possible after the meeting, either by accessing the SAMHSA Committee Web site at *www.nac.samhsa.gov,* or by contacting the CSAT National Advisory Council Executive Secretary, Ms. Cynthia Graham (see contact information below). *Committee Name:* SAMHSA Center for Substance Abuse Treatment National; Advisory Council. *Date/Time/Type:* August 23, 2007, from 1 p.m. to 3 p.m.; Closed. *Place:* SAMHSA Building, 1 Choke Cherry Road, VTC Room, L-1057, Rockville, Maryland 20857. *Contact:* Cynthia Graham, M.S., Executive Secretary, SAMHSA CSAT National Advisory Council, 1 Choke Cherry Road, Room 5-1035, Rockville, Maryland 20857, Telephone:

(240)276-1692, Fax:

(240)276-16890, *E-mail: cynthia.graham@samhsa.hhs.gov.* Dated: July 31, 2007. Toian Vaughn, Committee Management Officer, Substance Abuse and Mental Health, Services Administration. [FR Doc. E7-15217 Filed 8-3-07; 8:45 am] BILLING CODE 4162-20-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [DHS-2007-0042] Privacy Act of 1974; U.S. Customs and Border Protection, Automated Targeting System, System of Records AGENCY: Privacy Office; Department of Homeland Security. ACTION: Notice of Privacy Act System of Records. SUMMARY: This document is a new System of Records Notice

(SORN)for the Automated Targeting System

(ATS)and is subject to the Privacy Act of 1974, as amended. ATS is an enforcement screening tool consisting of six separate components, all of which rely substantially on information in the Treasury Enforcement Communications System (TECS). ATS historically was covered by the SORN for TECS. The Department of Homeland Security, U.S. Customs and Border Protection

(CBP)published a separate SORN for ATS in the **Federal Register** on November 2, 2006. This SORN did not describe any new collection of information and was intended solely to provide increased notice and transparency to the public about ATS. Based on comments received in response to the November 2, 2006 notice, CBP issues this revised SORN, which responds to those comments, makes certain amendments with regard to the retention period and access provisions of the prior notice, and provides further notice and transparency to the public about the functionality of ATS. TECS is an overarching law enforcement information collection, risk assessment, and information sharing environment. It is also a repository for law enforcement and investigative information. TECS is comprised of several modules that collect, maintain, and evaluate screening data, conduct targeting, and make information available to appropriate officers of the U.S. government. ATS is one of those modules. It is a decision support tool that compares traveler, cargo, and conveyance information against intelligence and other enforcement data by incorporating risk-based targeting scenarios and assessments. As such, ATS allows DHS officers charged with enforcing U.S. law and preventing terrorism and other crimes to effectively and efficiently manage information collected when travelers or goods seek to enter, exit, or transit through the United States. Within ATS there are six separate and distinct components that perform screening of inbound and outbound cargo, conveyances, or travelers. These modules compare information received against CBP's law enforcement databases, the Federal Bureau of Investigation Terrorist Screening Center's Terrorist Screening Database (TSDB), information on outstanding wants or warrants, information from other government agencies regarding high-risk parties, and risk-based rules developed by analysts using law enforcement data, intelligence, and past case experience. The modules also facilitate analysis of the screening results of these comparisons. In the case of cargo and conveyances, this screening results in a risk assessment score. In the case of travelers, however, it does not result in a risk assessment score. DATES: The new system of records will be effective September 5, 2007. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and Procedures Branch, U.S. Customs and Border Protection, Office of International Trade, Mint Annex, 1300 Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background The System The priority mission of CBP is to prevent terrorists and terrorist weapons from entering the country while facilitating legitimate travel and trade. ATS uses CBP's law enforcement databases, the Federal Bureau of Investigation Terrorist Screening Center's Terrorist Screening Database (TSDB), information on outstanding wants or warrants, information from other government agencies regarding high-risk parties, and risk-based rules developed by analysts to assess and identify high-risk cargo, conveyances, and travelers that may pose a greater risk of terrorist or criminal activity and therefore should be subject to further scrutiny or examination. These rules are based on investigatory and law enforcement data, intelligence, and past case experience. Historically, the SORN for the Treasury Enforcement Communications System

(TECS)covered ATS. As part of DHS's updating of its system of records notices and in an effort to provide more detailed information to the traveling public and trade community, DHS has decided to notice ATS as a separate Privacy Act system of records, giving greater visibility into its targeting and screening efforts. TECS is an overarching law enforcement information collection, risk assessment, and information sharing environment. It is also a repository for law enforcement and investigative information. TECS is comprised of several modules that collect, maintain, and evaluate screening data, conduct targeting analysis, and make information available to appropriate officers of the U.S. government. ATS is one of those modules. It is a decision-support tool that compares traveler, cargo, and conveyance information against intelligence and other enforcement data by incorporating risk-based targeting scenarios and assessments. As such, ATS allows DHS officers charged with enforcing U.S. law and preventing terrorism and other crime to effectively and efficiently manage information collected when travelers or goods seek to enter, exit, or transit through the United States. Within ATS there are six separate and distinct components that perform screening of inbound and outbound cargo, conveyances, or travelers by comparing information received against CBP's law enforcement databases, the Federal Bureau of Investigation Terrorist Screening Center's Terrorist Screening Database (TSDB), information on outstanding wants or warrants, information from other government agencies regarding high-risk parties, and risk-based rules developed by analysts based on law enforcement data, intelligence, and past case experience. The modules also facilitate analysis of the screening results of these comparisons. As a legacy organization of CBP, the U.S. Customs Service traditionally employed computerized screening tools to target potentially high-risk cargo entering, exiting, and transiting the United States. ATS originally was designed as a rules-based program to identify such cargo; it did not apply to travelers. Today, ATS includes the following separate components: ATS-N, for screening inbound or imported cargo; ATS-AT, for outbound or exported cargo; ATS-L, for screening private passenger vehicles crossing at land border ports of entry using license plate data; ATS-I, for cooperating with international customs partners in shared cargo screening and supply chain security; ATS-TAP, for assisting tactical units in identifying anomalous trade activity and performing trend analysis; and ATS-P, for screening travelers and conveyances entering the United States in the air, sea, and rail environments. The Privacy Impact Assessment (PIA)—which DHS will publish on its Web site ( *http://www.dhs.gov/privacy* ) concurrently with the publication of the SORN in the **Federal Register** —provides a full discussion of the functional capabilities of ATS and its components. It is worth clarifying here, however, that only the ATS components pertaining to cargo rely on rules-based “scoring” to identify cargo shipments of interest. Travelers identified by risk-based targeting scenarios identified through the ATS-P are not assigned scores. ATS-P became operational in 1999 and is critically important to CBP's mission. ATS-P allows CBP officers to determine whether a variety of potential risk indicators exist for travelers and/or their itineraries that may warrant additional scrutiny. ATS-P maintains Passenger Name Record

(PNR)data, which is data provided to airlines and travel agents by or on behalf of air passengers seeking to book travel. CBP began receiving PNR data voluntarily from air carriers in 1997. Currently, CBP collects this information as part of its border enforcement mission and pursuant to the Aviation and Transportation Security Act of 2001 (ATSA). ATS-P's screening relies upon information from the following databases: TECS, the Advanced Passenger Information System (APIS), the Non Immigrant Information System (NIIS), the Suspect and Violator Indices (SAVI), and the Department of State visa databases, as well as the PNR information that it maintains. As stated above, unlike in the cargo environment, ATS-P does not use a score to determine an individual's risk level; instead, ATS-P compares PNR and information in the above-mentioned databases against lookouts and patterns of suspicious activity identified by analysts based upon past investigations and intelligence. This risk assessment is an analysis of the threat-based scenario(s) that a traveler matched when traveling on a given flight. These scenarios are drawn from previous and current law enforcement and intelligence information. This analysis is done in advance of a traveler's arrival in or departure from the United States and becomes one tool available to DHS officers in identifying illegal activity. In lieu of manual reviews of traveler information and intensive interviews with every traveler arriving in or departing from the United States, ATS-P allows CBP personnel to focus their efforts on potentially high-risk passengers. The Legal Requirements The Privacy Act embodies fair information principles in a statutory framework governing the means by which the United States Government collects, maintains, uses, and disseminates personally identifiable information. The Privacy Act applies to information that is maintained in a “system of records.” A system of records is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. ATS involves the collection and creation of information that is maintained in a system of records. ATS also stores information on individuals other than U.S. citizens and lawful permanent residents (LPRs). As a matter of administrative policy, where the PII of individuals other than U.S. citizens and LPRs is held in mixed systems (i.e., a system also including U.S. citizen or LPR), DHS will accord such PII the fair information principles set forth the Privacy Act. The Privacy Act requires each agency to publish in the **Federal Register** a description denoting the type and character of each system of records that the agency maintains, and the routine uses that are contained in each system to make agency recordkeeping practices transparent, to notify individuals regarding the uses to which personally identifiable information is put, to assist the individual to more easily find such files within the agency, and to inform the public if any applicable Privacy Act exemptions will be claimed for the system. Access to information in ATS may be provided. However, as discussed further later in this notice, certain records within ATS are exempt from certain provisions of the Privacy Act (specifically, those provisions contained at 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f), and (g)) pursuant to 5 U.S.C. 552a(j)(2) and (k)(2)). Notwithstanding the listed exemptions for the system, individuals, regardless of their citizenship, may make a written request to review and access personal data provided by and regarding the requester, or provided by a booking agent, brokers, or other person on the requester's behalf, that is collected by CBP and contained in the PNR database stored in the ATS-P, and correct any inaccuracies. Data collected and maintained from air carriers as PNR are listed later in this notice in the “Categories of Records in the System” section of this notice; the listed categories are not specific data elements because each carrier varies its configuration of PNR to meet its business needs. In an effort to provide some consistency in the description of PNR data for the traveling public, CBP has categorized the various data that generally comprise PNR for air carriers into the 19 categories listed in the SORN. The PNR data, upon request, may be provided to the requester in the form in which it was collected from the respective carrier, but may not include certain business confidential information of the air carrier that is also contained in the record, such as use and application of frequent flier miles, internal annotations to the air fare, etc. To obtain access to a requestor's own PNR, contact the FOIA/PA Branch, Office of Field Operations, U.S. Customs and Border Protection, Room 5.5-C, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 (phone:

(202)344-1850 and fax:

(202)344-2791). Additionally, regardless of their citizenship, individuals who believe they have been erroneously denied entry, refused boarding for transportation, or identified for additional screening by CBP may submit a redress request through DHS Traveler Redress Inquiry Program (“TRIP”). ( *See* 72 FR 2294, January 18, 2007). For further information on the Automated Targeting System and the redress options, please see the accompanying Privacy Impact Assessment for the Automated Targeting System at *http://www.dhs.gov/privacy* under “Privacy Impact Assessment.” Redress requests should be sent to: Systems Manager, DHS TRIP, U.S. Department of Homeland Security, Washington, DC. DHS is hereby publishing a description of the system of records referred to as the Automated Targeting System. In accordance with 5 U.S.C. 552a(r), a report concerning this record system has been sent to the Office of Management and Budget and to the Congress. Discussion of Revisions Arising From Public Comments: On November 2, 2006, CBP issued a Privacy Act System of Records Notice for ATS (71 FR 64543). DHS received a number of comments and decided to extend the comment period until December 29, 2006, by **Federal Register** Notice dated December 8, 2006 (71 FR 71182). A total of 641 comments were received in response to the SORN. After considering these comments, CBP has made the following substantive changes to the previously issued SORN. First, the general retention period for data maintained in ATS is reduced from 40 years to a total of 15 years. CBP has determined that it can continue to uncover and use information relating to terrorism and other serious crimes within this shorter retention period. This retention period is consistent with the retention period currently contained in international agreements entered into by the Department. Furthermore, CBP has limited access to the last eight years of the retention period for PNR data to those users who first obtain supervisory approval to access the archive where the data is maintained. CBP, however, has created an exception to this general retention period such that PNR data, as well as any other data that may be stored in ATS, which becomes associated with active law enforcement activities, and/or investigations or cases ( *i.e.* , specific and credible threats; flights, individuals, and routes of concern; or other defined sets of circumstances) will remain accessible for the life of the law enforcement matter to support that activity and other enforcement activities that may become related. Second, persons whose PNR data has been collected and maintained in ATS-P will have administrative access to that data under the Privacy Act. This data will be available in the same format that it was obtained by CBP (with the exception of business confidential information that may be contained in the record). These individuals will also be able to seek to correct factual inaccuracies contained in their PNR data, as it is maintained by CBP. CBP believes that permitting persons to access and to seek to amend their PNR data will reduce the incidence of potential misidentifications and improve the accuracy of the data within ATS-P. Third, CBP has added the following category to the categories of persons from whom information is obtained: “Persons who serve as booking agents.” Several commenters correctly noted that many in the traveling public utilize the services of booking agents and that booking agents' identities are included in itinerary information. Fourth, to be consistent with the forthcoming SORN for the Advanced Passenger Information System (APIS), CBP has amended category A to include persons whose international itineraries cause their flight to stop in the United States, either to refuel or to permit a transfer, and crewmembers on flights that overfly or transit through U.S. airspace. Fifth, as stated above, CBP has clarified the categories of PNR data collected and maintained in ATS-P to more accurately reflect the type of data collected from air carriers. Consistent with its particular business needs, each air carrier determines the specific configuration of data elements that ultimately constitute PNR. By providing increased notice of the types of data that may be contained within PNR, CBP seeks to provide the public with a greater understanding of the personal information being maintained in ATS-P. Examples of these categories of PNR, as listed below under “Categories of Records” include: Name, date of issuance ticket, date(s) of travel, PNR locator number, payment information, such as credit card information, and travel agent or travel agency that may have made the reservations for the individual. Lastly, two of the routine uses included in the earlier version of the SORN-those pertaining to using ATS in background checks—are removed. This is necessary because the revised SORN contains a more narrow definition of the purposes for which certain data— specifically, PNR data maintained in ATS-P—will be used. The deleted routine uses did not fit within the scope of these purposes. This discussion of comments addresses revisions made to the SORN published on November 2, 2006. The full comments received address additional issues, such as mission creep, potential economic impact, appropriate applicability of the Privacy Act, constitutionality, and information quality. For a discussion of the full comments received from the November 2, 2006, publication and DHS' response, please see “Discussion of Public Comments Received on the Automated Targeting System Privacy Act System of Records Notice” on the DHS Web site at *http://www.dhs.gov/privacy.* SYSTEM NAME: Automated Targeting System (ATS)—CBP. SYSTEM LOCATION: This computer database is located at the CBP National Data Center in Washington, D.C. Computer terminals are located at customhouses, border ports of entry, airport inspection facilities under the jurisdiction of DHS, and other locations at which DHS authorized personnel may be posted to facilitate DHS's mission. Terminals may also be located at appropriate facilities for other participating government agencies pursuant to agreement. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: ATS includes the following separate components: ATS-N, for screening inbound or imported cargo; ATS-AT, for outbound or exported cargo; ATS-L, for screening private passenger vehicles crossing at land border ports of entry by license plate data; ATS-I, for cooperating with international customs partners in shared cargo screening and supply chain security; ATS-TAP, for assisting tactical units in identifying anomalous trade activity and performing trend analysis; and ATS-P, for screening travelers and conveyances entering the United States in the air, sea and rail environments. Collectively, these components handle information relating to the following individuals: A. Persons seeking to enter, exit, or transit through the United States by land, air, or sea. This includes passengers who arrive and depart the United States by air or sea, including those in transit through the United States on route to a foreign destination and crew members who arrive and depart the United States by air or sea, including those in transit through the United States on route to a foreign destination, and crew members on aircraft that over fly the United States. B. Persons who engage in any form of trade or other commercial transaction related to the importation or exportation of merchandise. C. Persons who are employed in any capacity related to the transit of merchandise intended to cross the United States border. D. Persons who serve as operators, crew, or passengers on any vessel, vehicle, aircraft, train, or other conveyance that arrives in or departs the United States. E. Persons who serve as booking agents, brokers, or other persons who provide information on behalf of persons seeking to enter, exit, or transit through the United States. CATEGORIES OF RECORDS IN THE SYSTEM: ATS uses CBP's law enforcement databases, the Federal Bureau of Investigation Terrorist Screening Center's Terrorist Screening Database (TSDB), information on outstanding wants or warrants, information from other government agencies regarding high-risk parties, and risk-based rules developed by analysts to assess and identify high-risk cargo, conveyances, or travelers that should be subject to further scrutiny or examination. ATS maintains these assessments together with a record of which rules were used to develop the assessment. With the exception of PNR information, discussed below, ATS maintains a pointer or reference to the underlying records from other systems that resulted in a particular assessment. ATS-P, a component of ATS, maintains the PNR information obtained from commercial air carriers and uses that information to assess whether there is a risk associated with any travelers seeking to enter, exit, or pass through the United States. PNR may include some combination of these following categories of information, when available: 1. PNR record locator code. 2. Date of reservation/ issue of ticket. 3. Date(s) of intended travel. 4. Name(s) . 5. Available frequent flier and benefit information ( *i.e.* , free tickets, upgrades, etc.). 6. Other names on PNR, including number of travelers on PNR. 7. All available contact information (including originator of reservation). 8. All available payment/billing information (e.g. credit card number). 9. Travel itinerary for specific PNR. 10. Travel agency/travel agent. 11. Code share information (e.g., when one air carrier sells seats on another air carrier's flight). 12. Split/divided information (e.g., when one PNR contains a reference to another PNR). 13. Travel status of passenger (including confirmations and check-in status). 14. Ticketing information, including ticket number, one way tickets and Automated Ticket Fare Quote

(ATFQ)fields. 15. Baggage information. 16. Seat information, including seat number. 17. General remarks including Other Service Indicated (OSI), Special Service Indicated

(SSI)and Supplemental Service Request

(SSR)information. 18. Any collected APIS information (e.g., Advance Passenger Information

(API)that is initially captured by an air carrier within its PNR, such as passport number, date of birth and gender). 19. All historical changes to the PNR listed in numbers 1 to 18. Not all air carriers maintain the same sets of information for PNR, and a particular individual's PNR likely will not include information for all possible categories. In addition, PNR does not routinely include information that could directly indicate the racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, or sex life of the individual. To the extent PNR does include terms that reveal such personal matters, DHS employs an automated system that filters certain of these terms and only uses this information in exceptional circumstances. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 19 U.S.C. 482, 1461, 1496, and 1581-82, 8 U.S.C 1357, Title VII of Public Law 104-208, 49 U.S.C. 44909, and the “Security and Accountability for Every Port Act of 2006” (SAFE Port Act) (Pub. L. 109-347). PURPOSES FOR PNR IN ATS-P:

(a)To prevent and combat terrorism and related crimes;

(b)To prevent and combat other serious crimes, including organized crime, that are transnational in nature;

(c)To prevent flight from warrants or custody for crimes described in

(a)and

(b)above;

(d)Wherever necessary for the protection of the vital interests of a data subject or other persons;

(e)In any criminal judicial proceedings; or

(f)As otherwise required by law. PURPOSES OF ATS (EXCEPT PNR IN ATS-P): In addition to those purposes listed above for PNR in ATS-P:

(a)To perform targeting of individuals, including passengers and crew, focusing CBP resources by identifying persons who may pose a risk to border security or public safety, may be a terrorist or suspected terrorist, or may otherwise be engaged in activity in violation of U.S. law.

(b)To perform a risk-based assessment of conveyances and cargo to focus CBP's resources for inspection and examination and enhance CBP's ability to identify potential violations of U.S. law, possible terrorist threats, and other threats to border security; and

(c)To otherwise assist in the enforcement of the laws enforced or administered by DHS, including those related to counterterrorism. ROUTINE USES OF RECORDS MAINTAINED IN THE VARIOUS COMPONENTS OF ATS, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3). DHS only discloses information to those authorities who have a legal purpose to use the data, intend to use the information consistent with the purpose for which CBP collects it or for another legally required function, such as GAO oversight and ongoing IT maintenance, and has sufficient capability to protect and safeguard it. Under these limits, data may be disclosed as a routine use in the following manner: A. To appropriate Federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, or license, where CBP believes the information would assist enforcement of applicable civil or criminal laws; B. To Federal and foreign government intelligence or counterterrorism agencies or components where CBP becomes aware of an indication of a threat or potential threat to national or international security, or where such use is to assist in anti-terrorism efforts and disclosure is appropriate to the proper performance of the official duties of the person making the disclosure; C. To an organization or individual in either the public or private sector, either foreign or domestic, where there is a reason to believe that the recipient is or could become the target of a particular terrorist activity or conspiracy, or where the information is relevant to the protection of life, property, or other vital interests of a data subject and such disclosure is proper and consistent with the official duties of the person making the disclosure; D. To appropriate Federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations for the purpose of protecting the vital interests of a data subject or other persons, including to assist such agencies or organizations in preventing exposure to or transmission of a communicable or quarantinable disease or to combat other significant public health threats; appropriate notice will be provided of any identified health threat or risk; E. To a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in response to a subpoena, or in connection with criminal law proceedings; F. To third parties during the course of a law enforcement investigation to the extent necessary to obtain information pertinent to the investigation, provided disclosure is appropriate in the proper performance of the official duties of the officer making the disclosure. G. To an agency, organization, or individual for the purposes of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function; H. To a Congressional office, for the record of an individual in response to an inquiry from that Congressional office made at the request of the individual to whom the record pertains; I. To contractors, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal government, when necessary to accomplish an agency function related to this system of records, in compliance with the Privacy Act of 1974, as amended; J. To the U.S. Department of Justice (including U.S. Attorney offices) or other Federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when it is necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

(a)DHS, or

(b)any employee of DHS in his/her official capacity, or

(c)any employee of DHS in his/her individual capacity where DOJ or DHS has agreed to represent said employee, or

(d)the United States or any agency thereof; K. To the National Archives and Records Administration or other Federal government agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. Sections 2904 and 2906; L. To appropriate Federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations where CBP is aware of a need to utilize relevant data for purposes of testing new technology and systems designed to enhance ATS; M. To appropriate agencies, entities, and persons when

(1)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;

(2)DHS has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by DHS or another agency or entity) that rely upon the compromised information; and

(3)the disclosure is made to such agencies, entities, and persons when reasonably necessary to assist in connection with DHS's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM STORAGE: The data is stored electronically at the National Data Center for current data and offsite at an alternative data storage facility for historical logs and system backups. RETRIEVABILITY: The data is retrievable by name or personal identifier from an electronic database. SAFEGUARDS: All records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include all of the following: restricting access to those with a “need to know”; using locks, alarm devices, and passwords; compartmentalizing databases; auditing software; and encrypting data communications. ATS also monitors source systems for changes to the source data. The system manager, in addition, has the capability to maintain system back-ups for the purpose of supporting continuity of operations and the discrete need to isolate and copy specific data access transactions for the purpose of conducting security incident investigations. ATS information is secured in full compliance with the requirements of the Federal Information Security Management Act (FISMA) and the DHS IT Security Program Handbook. This handbook establishes a comprehensive information security program. USE AND CONTROL: CBP maintains full access for a limited number of authorized personnel to all information contained within ATS. Authorized personnel receive thorough background investigations and extensive training on CBP security and privacy policies on the appropriate use of ATS information. These individuals are trained to review the risk assessments and background information to identify individuals who may likely pose a risk. To ensure that ATS is being accessed and used appropriately, audit logs are also created and reviewed routinely by CBP's Office of Internal Affairs to ensure integrity of the system and process. Access to the risk assessment results and related rules is restricted to a limited number of authorized government personnel who have gone through extensive training on the appropriate use of this information and CBP policies, including for security and privacy. These All individuals are specifically trained to review the risk assessments and background information to identify individuals who may likely pose a risk. RETENTION AND DISPOSAL: Records in this system will be retained and disposed of in accordance with a records schedule to be approved by the National Archives and Records Administration. ATS both collects information directly, and derives other information from various systems. To the extent information is collected from other systems, data is retained in accordance with the record retention requirements of those systems. The retention period for data maintained in ATS will not exceed fifteen years, after which time it will be deleted, except as noted below. The retention period for PNR, which is contained only in ATS-P, will be subject to the following further access restrictions: ATS-P users will have general access to PNR for seven years, after which time the PNR data will be moved to dormant, non-operational status. PNR data in dormant status will be retained for eight years and may be accessed only with approval of a senior DHS official designated by the Secretary of Homeland Security and only in response to an identifiable case, threat, or risk. Such limited access and use for older PNR strikes a reasonable balance between protecting this information and allowing CBP to continue to identify potential high-risk travelers. Notwithstanding the foregoing, information maintained only in ATS that is linked to active law enforcement lookout records, CBP matches to enforcement activities, and/or investigations or cases (i.e., specific and credible threats; flights, individuals, and routes of concern; or other defined sets of circumstances) will remain accessible for the life of the law enforcement matter to support that activity and other enforcement activities that may become related. It is important to note that the justification for a fifteen year retention period is based on CBP's law enforcement and security functions at the border. This retention period is based on CBP's historical encounters with suspected terrorists and other criminals, as well as the broader expertise of the law enforcement and intelligence communities. It is well known, for example, that potential terrorists may make multiple visits to the United States in advance of performing an attack. It is over the course of time and multiple visits that a potential risk becomes clear. Passenger records including historical records are essential in assisting CBP Officers with their risk-based screening of travel indicators and identifying potential links between known and previously unidentified terrorist facilitators. Analyzing these records for these purposes allows CBP to continue to effectively identify suspect travel patterns and irregularities. SYSTEM MANAGER(S) AND ADDRESS: Executive Director, National Targeting and Security, Office of Field Operations, U.S. Customs and Border Protection, Ronald Reagan Building and Director, Targeting and Analysis, Systems Program Office, Office of Information Technology, U.S. Customs and Border Protection. PUBLIC RECORD ACCESS/REDRESS PROCEDURES: DHS policy allows persons (including foreign nationals) to access and redress under the Privacy Act to raw PNR data maintained in ATS-P. The PNR data, upon request, may be provided to the requester in the form in which it was collected from the respective carrier, but may not include certain business confidential information of the air carrier that is also contained in the record, such as . This access does not extend to other information in ATS obtained from official sources (which are covered under separate SORNs) or that is created by CBP, such as the targeting rules and screening results, which are law enforcement sensitive information and are exempt from certain provisions of the Privacy Act. For other information in this system of records, individuals generally may not seek access for purposes of determining if the system contains records pertaining to a particular individual or person. ( *See* 5 U.S.C. 552a (e)(4)(G) and (f)(1)). Individuals, regardless of nationality, may seek access to records about themselves in accordance with the Freedom of Information Act. In addition, DHS policy allows persons, including foreign nationals, to seek access under the Privacy Act to raw PNR data submitted to ATS-P. Requests for access to personally identifiable information contained in PNR that was provided by the requestor or by someone else on behalf of the requestor, regarding the requestor, may be submitted to the FOIA/PA Unit, Office of Field Operations, U.S. Customs and Border Protection, Room 5.50C, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 (phone:

(202)344-1850 and fax:

(202)344-2791). Requests should conform to the requirements of 6 CFR Part 5, which provides the rules for requesting access to Privacy Act records maintained by DHS. The envelope and letter should be clearly marked “Privacy Act Access Request.” The request should include a general description of the records sought and must include the requester's full name, current address, and date and place of birth. The request must be signed and either notarized or submitted under penalty of perjury. CBP notes that ATS is a decision-support tool that compares various databases, but does not actively collect the information in those respective databases, except for PNR. When an individual is seeking redress for other information analyzed in ATS, such redress is properly accomplished by referring to the databases that directly collect that information. If individuals are uncertain what agency handles the information, they may seek redress through the DHS Traveler Redress Program (“TRIP”). *See* 72 FR 2294, dated January 18, 2007. Individuals who believe they have been improperly denied entry, refused boarding for transportation, or identified for additional screening by CBP may submit a redress request through TRIP. TRIP is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs—like airports and train stations or crossing U.S. borders. Through TRIP, a traveler can request correction of erroneous PNR data stored in ATS-P and other data stored in other DHS databases through one application. Additionally, for further information on ATS and the redress options please see the accompanying PIA for ATS published on the DHS website at *www.dhs.gov/privacy.* Redress requests should be sent to: DHS Traveler Redress Inquiry Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA 22202-4220 or online at *http://www.dhs.gov/trip* and at *http://www.dhs.gov.* Additionally, a traveler may seek redress from CBP at the time of the border crossing. CONTESTING RECORD PROCEDURES: Individuals may seek redress and/or contest a record through several different means, all of which will be handled in the same fashion. If the individual is aware the information is specifically handled by CBP, requests may be sent directly to CBP at the FOIA/PA Unit, Office of Field Operations, U.S. Customs and Border Protection, Room 5.5-C, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 (phone:

(202)344-1850 and fax:

(202)344-2791). If the individual is uncertain what agency is responsible for maintaining the information, redress requests may be sent to DHS TRIP at DHS Traveler Redress Inquiry Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA 22202-4220 or online at *http://www.dhs.gov/trip.* RECORD SOURCE CATEGORIES: The system contains information derived from other law enforcement systems operated by DHS and federal, state, local, tribal, or foreign government agencies, which collected the underlying data from individuals and public entities directly. The system also contains information collected from carriers that operate vessels, vehicles, aircraft, and/or trains that enter or exit the United States. In addition, the cargo modules (ATS-Inbound and Outbound) employ information collected from third party data aggregators. EXEMPTIONS CLAIMED FOR THE SYSTEM: Pursuant to 6 CFR Part 5, Appendix C, certain records and information in this system are exempt from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G) through (I), (e)(5), and (8); (f), and

(g)of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(2)). With respect to ATS-P module, exempt records are the risk assessment analyses and business confidential information received in the PNR from the air and vessel carriers. No exemption shall be asserted regarding PNR data about the requester, obtained from either the requester or by a booking agent, brokers, or another person on the requester's behalf. This information, upon request, may be provided to the requester in the form in which it was collected from the respective carrier, but may not include certain business confidential information of the air carrier that is also contained in the record. For other ATS modules the only information maintained in ATS is the risk assessment analyses and a pointer to the data from the source system of records. Dated: July 31, 2007. Hugo Teufel III, Chief Privacy Officer. [FR Doc. E7-15197 Filed 8-1-07; 11:51 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. SUMMARY: This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning July 1, 2007, the interest rates for overpayments will remain at 7 percent for corporations and 8 percent for non-corporations, and the interest rate for underpayments will remain at 8 percent. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel. DATES: *Effective Date:* July 1, 2007. FOR FURTHER INFORMATION CONTACT: Ron Wyman, Revenue Division, Collection and Refunds Branch, 6650 Telecom Drive, Suite #100, Indianapolis, Indiana 46278; telephone

(317)614-4516. SUPPLEMENTARY INFORMATION: Background Pursuant to 19 U.S.C. 1505 and Treasury Decision 85-93, published in the **Federal Register** on May 29, 1985 (50 FR 21832), the interest rate paid on applicable overpayments or underpayments of customs duties must be in accordance with the Internal Revenue Code rate established under 26 U.S.C. 6621 and 6622. Section 6621 was amended (at paragraph (a)(1)(B) by the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. Law 105-206, 112 Stat. 685) to provide different interest rates applicable to overpayments: One for corporations and one for non-corporations. The interest rates are based on the Federal short-term rate and determined by the Internal Revenue Service

(IRS)on behalf of the Secretary of the Treasury on a quarterly basis. The rates effective for a quarter are determined during the first-month period of the previous quarter. In Revenue Ruling 2007-39, the IRS determined the rates of interest for the calendar quarter beginning July 1, 2007, and ending September 30, 2007. The interest rate paid to the Treasury for underpayments will be the Federal short-term rate (5%) plus three percentage points (3%) for a total of eight percent (8%). For corporate overpayments, the rate is the Federal short-term rate (5%) plus two percentage points (2%) for a total of seven percent (7%). For overpayments made by non-corporations, the rate is the Federal short-term rate (5%) plus three percentage points (3%) for a total of eight percent (8%). These interest rates are subject to change for the calendar quarter beginning October 1, 2007, and ending December 31, 2007. For the convenience of the importing public and U.S. Customs and Border Protection personnel the following list of IRS interest rates used, covering the period from before July of 1974 to date, to calculate interest on overdue accounts and refunds of customs duties, is published in summary format. Beginning date Ending date Underpayments (percent) Overpayments (percent) Corporate overpayments (Eff. 1-1-99) (percent) 070174 063075 6 6 070175 013176 9 9 020176 013178 7 7 020178 013180 6 6 020180 013182 12 12 020182 123182 20 20 010183 063083 16 16 070183 123184 11 11 010185 063085 13 13 070185 123185 11 11 010186 063086 10 10 070186 123186 9 9 010187 093087 9 8 100187 123187 10 9 010188 033188 11 10 040188 093088 10 9 100188 033189 11 10 040189 093089 12 11 100189 033191 11 10 040191 123191 10 9 010192 033192 9 8 040192 093092 8 7 100192 063094 7 6 070194 093094 8 7 100194 033195 9 8 040195 063095 10 9 070195 033196 9 8 040196 063096 8 7 070196 033198 9 8 040198 123198 8 7 010199 033199 7 7 6 040199 033100 8 8 7 040100 033101 9 9 8 040101 063001 8 8 7 070101 123101 7 7 6 010102 123102 6 6 5 010103 093003 5 5 4 100103 033104 4 4 3 040104 063004 5 5 4 070104 093004 4 4 3 100104 033105 5 5 4 040105 093005 6 6 5 100105 063006 7 7 6 070106 093007 8 8 7 Dated: July 31, 2007. Deborah J. Spero, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. E7-15154 Filed 8-3-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5067-N-03] Extension of HUD's Implementation Guidance for Section 901 of the Emergency Supplemental Appropriations To Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006, as Revised by Section 4803 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 To Include Calendar 2007 Program Funds AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice. SUMMARY: This notice supplements two earlier notices published in the **Federal Register** that provided guidance to public housing agencies

(PHAs)on implementing the authority provided to HUD by section 901 of the “Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza Act, 2006” (Pub. L. 109-148, December 30, 2005) to allow PHAs to combine operating and capital funds and use flexibly and efficiently to facilitate disaster recovery in the States of Louisiana and Mississippi. Such authority was provided for calendar year 2006. This notice advises of the extension of such authority through calendar year 2007 by section 4803 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28, May 25, 2007). Eligible PHAs interested in using funds under the authority provided must submit a 2007 Notice of Intent and Fungibility Plan in accordance with the July 28, 2006, and October 30, 2006, **Federal Register** Notices. Further information on may be found on the Office of Public and Indian Housing Web site at *http://www.hud.gov/offices/pih/* . DATES: Eligible PHAs must submit their Calendar Year 2007 Notices of Intent and Fungibility Plans no later than September 14, 2007. FOR FURTHER INFORMATION CONTACT: For technical assistance and other questions concerning the Notice of Intent and Section 901 Fungibility Plan, PHAs should contact their local HUD Public Housing Hub in New Orleans, Louisiana, or Jackson, Mississippi; or Bessy Kong, Deputy Assistant Secretary for Policy, Program, and Legislative Initiatives, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4116, Washington, DC 20410-5000, telephone

(202)708-0614 or 708-0713, extension 2548 (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: On July 28, 2006 (71 FR 42996), HUD published a notice entitled, “Implementation Guidance for section 901 of the Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006.” Section 901 of the supplemental appropriations act authorizes HUD to allow PHAs to combine assistance provided under sections 9(d) and

(e)of the United States Housing Act of 1937

(Act)and assistance provided under section 8(o) of the Act, for the purpose of facilitating the prompt, flexible, and efficient use of funds provided under these sections of the Act to assist families who were receiving housing assistance under the Act immediately prior to Hurricane Katrina or Rita and were displaced from their housing by the hurricanes. Such authority was provided through calendar year 2006. Section V.A. of the July 28, 2006, notice, entitled, “General Procedures for Combining Public Housing and Voucher Funds Under Section 901,” provided instructions for PHAs interested in implementing the flexibility in funding authorized in section 901. On October 30, 2006 (71 FR 63340), HUD published a notice extending the period for eligible PHAs located within the most heavily impacted areas of Louisiana and Mississippi that are subject to a declaration by the President of a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricanes Katrina or Rita to submit Notices of Intent and Fungibility Plans in accordance with the July 28, 2006, notice. In addition to extending the PHA submission deadline, the October 30, 2006, notice removed the restriction that the combined funding may not be spent for uses under the Housing Choice Voucher

(HCV)program. This notice revises the earlier notices to incorporate the extension of section 901 flexibility from calendar year

(CY)2006 funding to calendar years 2006 and 2007 funding as authorized by section 4803 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28, enacted May 25, 2007). As noted earlier in this notice, eligible PHAs interested in combining

(CY)2007 funds must submit a 2007 Notice of Intent and Fungibility Plan in accordance with the July 28, 2006, and October 30, 2006, ** Federal Register** notices. Further information on HUD processing of CY2007 section 901 flexibility may be found on the Office of Public and Indian Housing Web site at *http://www.hud.gov/offices/pih/* . Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing. [FR Doc. E7-15165 Filed 8-3-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-060-1320-EL, WYW154432 & WYW174407] Notice of Availability of the Record of Decision for the Environmental Impact Statement for the Maysdorf Coal Lease-by-Application, Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice of availability of Record of Decision. SUMMARY: In accordance with the National Environmental Policy Act of 1969, the Bureau of Land Management

(BLM)announces the availability of the Record of Decision

(ROD)for the Maysdorf Coal Lease-by-Application (LBA). ADDRESSES: The document is available electronically on the following Web site: *http://www.blm.gov/wy/st/en/info/NEPA/cfodocs/maysdorf.html.* Paper copies of the ROD are also available at the following BLM office locations: • Bureau of Land Management, Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming. • Bureau of Land Management, Casper Field Office, 2987 Prospector Drive, Casper, Wyoming. FOR FURTHER INFORMATION CONTACT: Mr. Bob Janssen, Wyoming Coal Coordinator,

(307)775-6206 or Ms. Mavis Love, Land Law Examiner

(307)775-6258. Both Mr. Janssen's and Ms. Love's offices are located at the BLM Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82009. SUPPLEMENTARY INFORMATION: The ROD covered by this Notice of Availability

(NOA)is for the Maysdorf Coal Tract and addresses leasing coal administered by the BLM Casper Field Office in Campbell County, Wyoming. The BLM adopts Alternative 3. Under Alternative 3, the Maysdorf coal lease application area, as modified by BLM, would be divided into two separate tracts referred to as the North Maysdorf LBA Tract and the South Maysdorf LBA Tract. The North Maysdorf LBA Tract (WYW154432), as modified by BLM, includes 445.89 acres, more or less, and contains an estimated 54.7 million tons of mineable coal. The South Maysdorf LBA Tract (WYW174407), as modified by BLM, includes 2,900.24 acres, more or less, and contains an estimated 288 million tons of mineable coal. Two competitive coal lease sales will be announced in the **Federal Register** . This decision is subject to appeal to the Interior Board of Land Appeals

(IBLA)as provided in 43 CFR 4 within thirty

(30)days from the date of publication of this NOA in the **Federal Register** . The ROD contains instructions for filing an appeal with the IBLA. Alan Rabinoff, Acting State Director. [FR Doc. E7-15221 Filed 8-3-07; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-056-5853-EU; N-82856; 7-08807] Notice of Realty Action: Non-Competitive (Direct) Sale in the Las Vegas Valley, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management

(BLM)proposes to sell a 10-acre parcel of public land in the southwest portion of the Las Vegas Valley, Nevada to Clark County for affordable housing purposes. BLM proposes that the parcel be sold by direct sale to Clark County at less than the appraised fair market value (FMV), pursuant to Section 7(b) of the Southern Nevada Public Land Management Act (Pub. L. 105-263, SNPLMA) and the Nevada Guidance on Policy and Procedures for Affordable Housing Disposals (Nevada Guidance) approved on August 8, 2006. BLM proposes to sell the parcel in accordance with the applicable provisions in Sections 203 and 209 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 *et seq.* (FLPMA), and the BLM land sale and mineral conveyance regulations at 43 CFR Section 2710 and Section 2720, respectively. DATES: On or before September 20, 2007 interested parties may submit comments concerning the proposed sale, including the environmental assessment (EA), to the BLM Field Manager, Las Vegas Field Office, at the address stated below. ADDRESSES: Las Vegas Field Office, Bureau of Land Management, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130. FOR FURTHER INFORMATION CONTACT: Michelle Leiber, BLM Realty Specialist, at

(702)515-5168. For general information on BLM's public land sale procedures, refer to the following Web address: *http://www.blm.gov/nhp/what/lands/realtysales.htm.* SUPPLEMENTARY INFORMATION: Pursuant to a request by Clark County, BLM proposes to sell a 10-acre parcel of public land located in the southwest portion of the Las Vegas Metropolitan Area and further described below. The parcel's southern and western boundaries abut developed residential properties. The other two sides are bound by developed roads (northern boundary is Arby Avenue; and eastern boundary is Riley Street). The subject parcel would be sold using the direct sale procedures, and under such terms, covenants, or conditions as determined necessary for affordable housing purposes by the BLM Authorized Officer in accordance with Section 7(b) of SNPLMA, and the Nevada Guidance. Pursuant to Section 7(b) of SNPLMA, BLM, in consultation with the Department of Housing and Urban Development (HUD), may make lands available for affordable housing purposes, in the State of Nevada at less than the appraised FMV. The amount administratively discounted from FMV is calculated according to the Nevada Guidance provisions. Under SNPLMA Section 7(b), housing is “affordable housing” if the housing serves low-income families as defined in Section 104 of the Cranston-Gonzales National Affordable Housing Act ([Cranston-Gonzales] 42 U.S.C. 12704). In the Cranston-Gonzales Act, the term “low-income families” means families whose incomes do not exceed eighty percent (80%) of the average median income for the area as determined by HUD. The appraised FMV for the 10-acre parcel is nine million five hundred thousand dollars ($9,500,000). Under the Nevada Guidance, and after consultation with HUD, the BLM Authorized Officer has determined that discount percentages for the respective median income category will be administratively applied to the FMV by BLM in order to establish the value of the public lands to be sold under these provisions. The FMV for this property would be ninety-five percent (95%) discounted pursuant to the Nevada Guidance resulting in a federally approved purchase price of four hundred seventy five thousand dollars ($475,000), so long as the property is used for affordable housing purposes. Under the Nevada Guidance, the preferred method of sale under SNPLMA Section 7(b) is direct sale. In addition, the direct sale method is supported by 43 CFR 2711.3-3(1), which authorizes direct sales when, “A tract is identified for transfer to State or local government,” and 43 CFR 2711.3-3(2), which authorizes direct sales when, “A tract is identified for sale that is an integral part of a project or public importance and speculative bidding would jeopardize a timely completion and economic viability of the project.” Since SNPLMA was passed in 1998, Clark County has invested considerable time and substantial resources in finding eligible projects for affordable housing purposes. This project supported under SNPLMA Section 7(b) is called the “Arby Family Apartments.” If successfully sold, this project would begin to meet the tremendous demand for affordable housing recognized by the State of Nevada and the local governmental entities in the Las Vegas Valley. Clark County's submission of the sale nomination to the BLM and HUD includes a comprehensive plan for assessment and evaluation of the need for and feasibility of this project. HUD has recommended approval of this project in accordance with the SNPLMA, the Nevada Guidance, and HUD's Policy and Procedures for Affordable Housing Disposals Section 4(C-H). Therefore, the following described land in Clark County, Nevada, is proposed to be sold to Clark County for affordable housing purposes under Section 7(b) of SNPLMA: Land Proposed for Sale Mount Diablo Meridian, Nevada T. 22 S., R. 60 E., Sec. 5, NE 1/4 SW 1/4 SE 1/4 . *Clark County Tax Parcel No.:* 176-05-801 -013. The land described contains 10.0 acres, more or less, in Clark County. This parcel is within the disposal boundary adopted by Congress in the SNPLMA and is also in conformance with the BLM Las Vegas Resource Management Plan, approved on October 5, 1998. The land is not required for any Federal purpose. The sale will be made subject to the applicable provisions of FLPMA and the regulations of the Secretary of the Interior. Under 43 CFR 2711.3-1(d) and 2711.3-1(b), a deposit of not less than twenty percent (20%) of the federally approved purchase price must be submitted, thirty

(30)days from the date of the sale offer, by 4 p.m. PST at the BLM Las Vegas Field Office. Payment must be made in the form of certified check, postal money order, bank draft, cashier's check, or any combination thereof, made payable in U.S. dollars to the order of the DOI—Bureau of Land Management. Failure to submit the deposit will result in forfeiture of the sale offer. Remainder of the purchase price must be paid within one hundred eighty

(180)calendar days following the date of the sale offer. Failure to pay the full price within the one hundred eighty

(180)days will disqualify the sale offer and cause the entire twenty percent (20%) deposit to be forfeited to the BLM, 43 CFR 2711.3-1(d) and 2711.3-3. No exceptions will be made. BLM cannot accept the full price at any time following the expiration of the 180th day after the sale offer. Payment must be received in the form of a certified check, postal money order, bank draft, cashier's check, or any combination thereof, made payable in U.S. dollars to the order of the DOI—Bureau of Land Management. Arrangements for Electronic Fund Transfer to BLM for the balance due shall be made a minimum of two weeks prior to the date you wish to make payment. The patent shall include the following numbered terms, covenants, and conditions: 1. *Affordable Housing:* Pursuant to Section 7(b) of SNPLMA, the term “affordable housing” as used in the sale patent, means housing that serves low-income families as defined in Section 104 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12704). 2. *Affordable Housing Purpose:* For purposes of the sale patent, the term “affordable housing purpose” shall mean for the purpose of affordable housing projects, including construction, which commit fifty percent (50%), or more, of living space to affordable housing, and which are used for no purpose other than residential use. 3. *Construction:* For purposes of the sale patent, the term “construction” shall mean ongoing and substantial work dedicated to the building of the dwelling structures and other improvements necessary for the realization of low-income affordable housing projects located on lands conveyed under Section 7(b) of SNPLMA. 4. *Covenant and Restriction:* Clark County hereby covenants and binds all successors-in-interests to use the land as approved by the BLM and HUD and conveyed by the sale patent only for affordable housing purposes for a period of twenty

(20)years, which will commence upon the issuance of a certificate of occupancy or its equivalent by the HUD. This affordable housing covenant shall be deemed appurtenant to and to run with the ownership of the land conveyed by the sale patent. It shall be binding on Clark County, its successors and assigns, during the time each owns the land. 5. *Time Limit:* Reversion and Fair Market Value. If, at the end of five

(5)years from the date of the sale patent, any land conveyed through this proposed sale is not being used for affordable housing purposes, at the option of the United States, those lands not so used shall revert to the United States, or, in the alternative, the United States may require payment by the owner to the United States of the then fair market value. 6. *Use Restriction:* Reversion and Fair Market Value. All land conveyed by the sale patent shall be used only for affordable housing purposes as approved by the BLM and HUD during the period of affordability. If at any time all or any portion of the land conveyed by the sale patent is used for any purpose other than affordable housing purposes by Clark County as approved, or any successor-in-interest, at the option of the United States, those lands not used for affordable housing purposes shall revert to the United States, or, in the alternative, the United States may at this time require payment by the owner to the United States of the then fair market value or institute a proceeding in a court of competent jurisdiction to enforce the covenant set forth above to use the land conveyed only for affordable housing purposes. 7. *Enforcement:* This use restriction and the reversionary interest may be enforced by the BLM or the HUD, or their successors-in-interest, as deemed appropriate by agreement of these two agencies at the time of enforcement, after reasonable notice to Clark County and landowner of record and opportunity to cure any default. 8. Clark County, upon issuance and acceptance of the sale patent, shall simultaneously transfer by deed the land conveyed by the sale patent to its successor-in-interest. If patented, title to the land will continue to be subject to the following numbered reservations to the United States: 1. A right-of-way for ditches or canals constructed by the authority of the United States pursuant to the Act of August 30, 1890 (26 Stat. 391, 43 U.S.C. 945); 2. Discretionary leasable(s) (oil and gas only) and all saleable mineral deposits in the land so patented, and to it, its permittees, licensees, and lessees, the right to prospect for, mine, and remove the minerals owned by the United States under applicable law and such regulations as the Secretary of the Interior (Secretary) may prescribe, including all necessary access and exit rights; and 3. A reversionary interest as further defined in the above terms, covenants, and conditions. If patented, title to the land will be subject to: 1. Valid existing rights [of record], including, but not limited to those documented on the BLM public land records at the time of sale; and 2. By accepting the sale patent, Clark County, subject to the limitations of law and to the extent allowed by law, shall be responsible for the acts or omissions of its officers, directors and employees in connection with the use or occupancy of the patented real property. Successors-in-interests of the patented real property, except Clark County, shall indemnify, defend, and hold the United States and Clark County harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind or nature arising from the past, present, and future acts or omissions of the successors-in-interest, excluding Clark County, or its employees, agents, contractors, or lessees, [or any third-party], arising out of or in connection with the successors-in-interests, excluding Clark County, use, occupancy, or operations on the patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the successors-in-interests, excluding Clark County, and its employees, agents, contractors, or lessees, [or any third party], arising out of or in connection with the use and/or occupancy of the patented real property which has already resulted or does hereafter result in:

(1)Violations of Federal, State, and local laws and regulations that are now or may in the future become, applicable to the real property;

(2)Judgments, claims or demands of any kind assessed against the United States or Clark County;

(3)Costs, expenses, or damages of any kind incurred by the United States or Clark County;

(4)Other releases or threatened releases of solid or hazardous waste(s) and/or hazardous substances(s), as defined by Federal or State environmental laws, off, on, into or under land, property and other interests of the United States or Clark County;

(5)Other activities by which solids or hazardous substances or wastes, as defined by Federal and State environmental laws are generated, released, stored, used or otherwise disposed of on the patented real property, and any cleanup response, remedial action or other actions related in any manner to said solid or hazardous substances or wastes; or

(6)Natural resource damages as defined by Federal and State law. This covenant shall be construed as running with the parcels of land patented or otherwise conveyed by the United States, and may be enforced against successors-in-interest, excluding Clark County, by the United States or Clark County in a court of competent jurisdiction. No representation or warranty of any kind, express or implied, is given or will be given by the United States as to the title, the physical condition or the past, present, or potential uses of the land proposed for sale. However, to the extent required by law, such land is subject to the requirements of Section 120(h) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended (42 U.S.C. 9620(h)). Publication of this notice in the **Federal Register** temporarily segregates the above described land from appropriation under the public land laws, including the mining laws. The segregative effect of this notice will terminate upon issuance of a patent or other document of conveyance for such land, upon publication in the **Federal Register** of a termination of the segregation, or August 5, 2009, whichever occurs first, unless extended by the Nevada State Director in accordance with 43 CFR 2711.1-2(d), prior to the expiration date. The above described land was previously segregated from mineral entry under case file number N-66364, with record notation as of October 19, 1998. Subject to valid existing rights, the lands described for disposal are withdrawn from location and entry, under the mining laws and from operation under the mineral leasing and geothermal leasing laws until such time the Secretary terminates the withdrawal or the lands are patented. The above-described land was withdrawn from mineral entry under the SNPLMA as of October 19, 1998. This previous segregation will terminate upon publication of this notice in the **Federal Register** . Detailed information concerning the proposed sale, including any environmental studies and documents, approved appraisal report and supporting documents, is available for review at the BLM Las Vegas Field Office at the address above. Interested parties may submit written comments regarding the sale, including the EA, to the address above. No facsimiles, e-mails, or telephone calls will be considered as validly submitted comments. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The Field Manager, BLM Las Vegas Field Office, will review the comments of all interested parties concerning the sale. To be considered, comments must be received at the BLM Las Vegas Field Office on or before the date stated above in this notice for that purpose. In the absence of any adverse comments, the decision will become effective on October 5, 2007. The lands will not be offered for sale until after the decision becomes effective. (Authority: 43 CFR 2711.1-2). Angie Lara, Acting Field Manager, Las Vegas Field Office, Las Vegas, NV. [FR Doc. E7-15235 Filed 8-3-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ES-030-1430-EU; WIES-054896] Notice of Realty Action: Competitive Sale of Public Land in Langlade County, WI AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: A 1.18 acre parcel of public land located in Langlade County, Wisconsin, is being considered for sale under the provisions of the Federal Land Policy Management Act of 1976 (FLPMA). The Bureau of Land Management

(BLM)proposes to sell the land utilizing competitive sale procedures at no less than the appraised fair market value. DATES: Comments regarding the proposed sale must be received by the Bureau of Land Management-Eastern States (BLM-ES) on or before September 20, 2007. The BLM-ES will accept sealed bids for the offered land from qualified bidders not later than 4:30 p.m. CDT on October 5, 2007. ADDRESSES: Comments regarding the proposed sale, as well as sealed bids, should be addressed to Timothy O'Brien, Acting Field Manager, Bureau of Land Management-Eastern States, Milwaukee Field Office, 626 East Wisconsin Avenue, Suite 200, Milwaukee, Wisconsin 53202-4617. FOR FURTHER INFORMATION CONTACT: Information regarding the competitive sale instructions, procedures, documents, maps, and materials to submit a bid can be obtained by contacting Carol Grundman, Realty Specialist, at the above address, by phone at 414-297-4447, or by e-mail at *carol_grundman@es.blm.gov* . SUPPLEMENTARY INFORMATION: The following described public land has been examined and found suitable for sale under the provisions of Sections 203 and 209 of the Federal Land Policy Management Act of 1976 (90 Stat. 2750, 43 U.S.C. 1713 and 1719) and implementing regulations at 43 CFR 2710 and 2720: Fourth Principal Meridian T. 33 N., R. 10 E.; Sec. 25, lot 17. The area described contains 1.18 acres in Langlade County. The BLM Wisconsin Resource Management Plan Amendment dated 2001 identified this parcel of land as suitable for disposal. The purpose of the sale is to dispose of land which is difficult and uneconomic to manage as part of the public lands. The parcel has no legal access via a public road. There are no encumbrances reported on the records maintained by the BLM-ES, Milwaukee Field Office. The land is being offered for sale using competitive bidding procedures pursuant to 43 CFR 2711.3-1. Interested bidders must submit sealed bids to the BLM-ES, Milwaukee Field Office (address stated above), not later than 4:30 p.m. CDT, on October 5, 2007. Sealed bid envelopes must be clearly marked on the front lower left-hand corner with “SEALED BID BLM LAND SALE WI, WIES-054896, October 5, 2007. The bid envelope must also contain a signed statement showing the total amount of the bid and the name, mailing address, and phone number of the entity making the bid. Sealed bids will be opened to determine the high bid at 10 a.m. CDT, October 9, 2007 at the BLM-ES, Milwaukee Field Office (address stated above). The highest qualifying bid will be declared the high bid and the high bidder will receive written notice. Bidders submitting matching high bid amounts for the parcel will be provided an opportunity to submit a supplemental sealed bid. The BLM will return checks submitted by unsuccessful bidders by U.S. mail. Bids must be for not less than the federally appraised fair market value determination of the land. The appraised fair market value will be made available 30 days prior to the sealed bid closing date at the BLM-ES, Milwaukee Field Office (address stated above). Each sealed bid must be accompanied by a certified check, postal money order, bank draft, or cashier's check made payable to the Bureau of Land Management for an amount not less than 20 percent of the total amount of the bid. Personal checks will not be accepted. The successful bidder will be allowed 180 days from the date of sale to submit the remainder of the full bid price in the form of a certified check, money order, bank draft, or cashier's check made payable to the Bureau of Land Management. Personal checks will not be accepted. Failure to submit the full bid price prior to but not including the 180th day following the day of the sale, will result in the forfeiture of the bid deposit to the BLM, and the parcel will be offered to the second highest qualifying bidder at their original bid. If there are no acceptable bids, the parcel may remain available for sale on a continuing basis in accordance with the competitive sale procedures described in 43 CFR 2711.3-1 without further legal notice. Bids submitted to the BLM will be opened on the first Friday of each month following the initial date of sale at 10 a.m. CDT, in the BLM-ES, Milwaukee Field Office, until the parcel is sold or the offer is cancelled. Federal law requires that bidders must be

(1)United States citizens 18 years of age or older,

(2)a corporation subject to the laws of any State or of the United States,

(3)an entity including, but not limited to associations or partnerships capable of acquiring and owning real property, or interests therein, under the laws of the State of Wisconsin, or

(4)a State, State instrumentality, or political subdivision authorized to hold real property. The Federal mineral interests underlying this parcel have no known mineral value and will be conveyed with the sale of the parcel. A sealed bid for the above described parcel constitutes an application for conveyance of those mineral interests. In addition to the full purchase price, a successful bidder must pay a separate nonrefundable filing fee of $50 for the mineral interests to be conveyed simultaneously with the sale of the land. *Segregation:* Publication of this Notice in the **Federal Register** segregates the subject land from appropriation under the pubic land laws, except sale under the provisions of the Federal Land Policy and Management Act of 1976. The segregation will terminate upon issuance of patent, upon publication in the **Federal Register** of a termination of the segregation, or on August 6, 2009 unless extended by the BLM State Director in accordance with 43 CFR 2711.1-2(d) prior to the termination date. *Terms and Conditions of Sale: Upon successful completion of the sale, the patent issued would contain the following reservations, covenants, terms and conditions:* 1. The parcel is subject to valid existing rights. 2. Pursuant to the requirements established by Section 120

(h)of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), [42 U.S.C. 9620(h)], as amended by the Superfund Amendments and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby given that the above-described lands have been examined and no evidence was found to indicate that any hazardous substances has been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property. 3. The purchaser/patentee, by accepting the patent, agrees to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind or nature arising from the past, present, and future acts or omissions of the patentees, their employees, agents, contractors, or lessees, or any third-party, arising out of or in connection with the patentees use, occupancy, or operations on the patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the patentees and their employees, agents, contractors, or lessees, or any third party, arising out or in connection with the use and/or occupancy of the patented real property which has already resulted or does hereafter result in:

(1)Violations of Federal, state, and local laws and regulations that are now, or may in the future become applicable to the real property;

(2)Judgments, claims or demands of any kind assessed against the United States;

(3)Costs, expenses, or damage of any kind incurred by the United States;

(4)Releases or threatened releases of solid or hazardous waste(s) and/or hazardous substances, as defined by Federal or State environmental laws, off, on, into or under land, property and other interests of the United States;

(5)Activities by which solids or hazardous substances or waste, as defined by Federal and State environmental laws are generated, released, stored, used or otherwise disposed of on the patented real property, and any cleanup response, remedial action or other actions related in any manner to said solid or hazardous substances or wastes; or

(6)Natural resource damages as defined by Federal and state law. This covenant shall be construed as running with the parcel of land patented or otherwise conveyed by the United States, and may be enforced by the United States in a court of competent jurisdiction. No warranty of any kind, expressed or implied, is given by the United States as to the title, physical condition or potential uses of the land proposed for sale, and the conveyance will not be on a contingency basis. It is the buyer's responsibility to be aware of all applicable local government policies and regulations that may affect the subject land or its future uses. It is also the buyer's responsibility to be aware of existing or prospective uses of nearby properties. Any land lacking access from a public road or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. For a period until September 20, 2007 interested parties and the general public may submit in writing any comments concerning the land being considered for sale, including notification of any encumbrances or other claims relating to the identified land, to Timothy O'Brien, Acting Field Manager, BLM-ES, Milwaukee Field Office (address stated above). Comments transmitted via e-mail or facsimile will not be considered. Comments will be available for public review at the BLM-ES, Milwaukee Field Office during regular business hours, except Federal holidays. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Timely received adverse comments will be reviewed by the State Director, Eastern States, Bureau of Land Management who may sustain, vacate, or modify this realty action. In the absence of timely adverse comments, this realty action will become the final determination of the Department of the Interior. (Authority: 43 CFR 2711.1-2) Timothy P. O'Brien, Acting Field Manager, Milwaukee Field Office. [FR Doc. E7-15223 Filed 8-3-07; 8:45 am] BILLING CODE 4310-PN-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before July 21, 2007. Pursuant to § 60.13 of 36 CFR Part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by August 21, 2007. Paul R. Lusignan, Acting Chief, National Register of Historic Places/National Historic Landmarks Program. CALIFORNIA Napa County Ramos, John, Sherry House—Depot Station, 1468-1478 Railroad Ave., St. Helena, 07000849. San Diego County Coyote Canyon Wild Horse Herd Historic District, Anza-Borrego State Park, Borrego Springs, 07000848. ILLINOIS Cook County Community House, 620 Lincoln Ave., Winnetka, 07000854. Palmer Park, (Chicago Park District MPS), 201 E. 111th St., Chicago, 07000855. Vassar Swss Underwear Company Building, 2545 W. Diversey Ave., Chicago, 07000859. Vial, Robert, House, 7425 S. Wolf Rd., Burr Ridge, 07000853. Rock Island County Moline Downtown Commercial Historic District, Roughly bounded by 12th St. to 18th St., 4th Ave. to 7th Ave., Moline, 07000856. IOWA Henry County Lewelling, Henderson and Elizabeth (Presnel), House, 401 S. Main St., Salem, 07000851. Lee County Fort Madison Downtown Commercial Historic District, (Iowa's Main Street Commercial Architecture MPS), Centered on Ave. G, from near 6th St., to mid-900 Blk, Inc. Ave. H from 7th to 9th, Fort Madison, 07000852. Woodbury County Williges Building, 613-615 Pierce St., Sioux City, 07000850. LOUISIANA Orleans Parish Buildings at 445-447-449 South Rampart, 445-447-449 S. Rampart, New Orleans, 07000857. MARYLAND Baltimore County, Goucher College, 1021 Dulaney Valley Rd., Towson, 07000885. Frederick County St. John's Church at Creagerstown Historic District, 8619 Blacks Mill Rd., Thurmont, 07000862. Harford County Graystone Lodge, 1118 Bel Air Rd., Bel Air, 07000858. MASSACHUSETTS Norfolk County Roberts School, 320 Union St., Holbrook, 07000860. Suffolk County Boston Transit Commission Building, 15 Beacon St., Boston, 07000861. NEW JERSEY Atlantic County Egg Harbor Commercial Bank, 134 Philadelphia Ave., Egg Harbor City, 07000875. Mercer County Princeton Ice Company, 57 Mountain Ave., Princeton, 07000874. Somerset County Presbyterian Church at Bound Brook, 409 Mountain Ave., Bound Brook Borough, 07000876. Union County Cedar Brook Park, Roughly bounded Steel Ave., Arlington Ave., Park Ave., Rose St. and Laramie Rd., Kenyon Ave., Parkside Rd., Plainfield, 07000878. Wallace Chapel AME Zion Church, 138-142 Broad St., Summit Town, 07000877. NEW YORK Cayuga County Burritt, Orrin W., House, 2696 Van Buren St., Weedsport, 07000864. Erie County Buffalo, Rochester and Pittsburgh Railway Station, 395 S. Lincoln Ave., Orchard Park, 07000871. Franklin County Hastings Farmstead, 12 Conservation Rd., Dickinson Center, 07000872. Jefferson County Fairview Manor, 38289 NY 12-E, Clayton, 07000866. Kings County Christ Evangelical English Lutheran Church, 1084 Lafayette Ave., Brooklyn, 07000870. Nassau County Cornell—Van Nostrand House, New Hyde Park Rd. and Marcus Ave., New Hyde Park, 07000863. New York County Engineering Societies' Building and Engineers' Club, 23 and 25-33 W. 39th St., 28,32-34 and 36 W. 40th St., New York, 07000867. Onondaga County Burhans, Harry N., House, (Architecture of Ward Wellington Ward in Syracuse MPS), 2627 E. Genesee St., Syracuse, 07000868. Seneca County Bull, Julius and Harriet, House, (Freedom Trail, Abolitionism, and African American Life in Central New York MPS), 2534 Lower Lake Rd., Seneca Falls, 07000869. Kinne, David and Mary, Farmstead, (Freedom Trail, Abolitionism, and African American Life in Central New York MPS), 6858 Kinne Rd., Ovid, 07000865. Suffolk County Gamecock Cottage, Shipman's Point/S end of W. Meadow Beach, Stony Brook, 07000886. Ulster County Milton Railroad Station, 41 Dock Rd., Milton, 07000873. NORTH CAROLINA Franklin County Wheless, Thomas and Lois, House, 106 John St., Louisburg, 07000887. Graham County Graham County Courthouse, 12 N. Main St., Robbinsville, 07000883. Hertford County Thomas, Dr. Roscius P. and Mary Mitchell, House and Outbuildings, 734 Thomas Bridge Rd., Bethlehem, 07000884. Surry County Gwyn Avenue—Bridge Street Historic District, Roughly bounded by N. Bridge St., Mill View Rd., Market St. and Church St. Elkin, 07000882. Wake County Barbee, George and Neva, House, (Wake County MPS), 216 W. Gannon Ave., Zebulon, 07000881. Rock Cliff Farm, West end of Bent Rd., Wake Forest, 07000879. PENNSYLVANIA Allegheny County Highland Park Residential Historic District, Roughly bounded by Highland Park, Heth's Run and Heth's Ave., Chislett St., Stanton Ave. and Jackson St., Pittsburgh, 07000888. Turtle Creek High School, 126 Monroeville Ave., Turtle Creek, 07000880. Bucks County Walt Disney Elementary School, 200 Lakeside Dr. N, Tullytown, 07000889. Westmoreland County Dick Building, 201-203 E. Main St., West Newton, 07000890. RHODE ISLAND Kent County Greene, Christopher Rhodes, House, 2 Potter Court, Coventry, 07000891. TEXAS Denton County Pilot Point Commercial Historic District, Portions of eight blks in downtown Pilot Point centered around the public square, Pilot Point, 07000893. Jefferson County Beaumont Commercial District (Boundary Increase), Roughly bounded by Willow, Neches, Gilber and Main Sts., Beaumont, 07000892. VERMONT Caledonia County Wheelock Common Historic District, VT 122, and town hwy 17, Wheelock, 07000894. VIRGINIA Mecklenburg County Syndor, Patrick Robert, Log Cabin, Address Restricted, Clarksbille, 07000896. WASHINGTON Skamania County Region Six Personnel Training Station, Wind River Work Center, 1262 Hemlock Rd., Gifford Pinchot National Forest, 07000895. A request for REMOVAL has been made for the following resource: NEW MEXICO McKinley County Log Cabin Motel, (Route 66 through New Mexico MPS), 1010 W. 66 Ave., Gallup, 93001213. [FR Doc. E7-15175 Filed 8-3-07; 8:45 am] BILLING CODE 4310-70-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1114 and 1115 (Preliminary)] Certain Steel Nails From China and the United Arab Emirates Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from China and the United Arab Emirates of certain steel nails, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (LTFV). 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)). Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the **Federal Register** as provided in section 207.21 of the Commission's rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in the investigations under section 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in the investigations under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On May 29, 2007, a petition was filed with the Commission and Commerce by Davis Wire Corp. (Irwindale, CA), Gerdau Ameristeel Corp. (Tampa, FL), Maze Nails (Peru, IL), Mid-Continent Nail Corp. (Poplar Bluff, MO), and Treasure Coast Fasteners, Inc. (Fort Pierce, FL), alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV imports of certain steel nails from China and the United Arab Emirates. Accordingly, effective May 29, 2007, the Commission instituted antidumping duty investigation Nos. 731-TA-1114 and 1115 (Preliminary). Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the **Federal Register** of June 4, 2007 (72 FR 30831). The conference was held in Washington, DC, on June 19, 2007, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on July 30, 2007. The views of the Commission are contained in USITC Publication 3939 (August 2007), entitled *Certain Steel Nails from China and the United Arab Emirates: Investigation Nos. 731-TA-1114 and 1115 (Preliminary).* Issued: July 31, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-15196 Filed 8-3-07; 8:45 am] BILLING CODE 7020-02-P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978; Public Law 95-541 AGENCY: National Science Foundation. ACTION: Notice of Permit Applications Received under the Antarctic Conservation Act of 1978, Public Law 95-541. SUMMARY: The National Science Foundation

(NSF)is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by September 5, 2007. This application may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy at the above address or

(703)292-7405. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. *The applications received are as follows:* *Permit Application No.:* 2008-007. 1. *Applicant:* Sam Feola, Director, Raytheon Polar Services Company, 7400 S. Tucson Way, Centennial, CO 80112. *Activity for Which Permit is Requested:* Enter an Antarctic Specially Protected Area (ASPA). The applicant plans to enter the Cape Hallett (ASPA 106), Cape Royds (ASPA 121), Barwick and Balham Valleys (ASPA 123), Cape Crozer (ASPA 124), Northwest White Island (ASPA 137), and, Linnaeus Terrace (ASPA 138) to: Gather up-to-date information on site status and on any installations or facilities; verify that the values being protected are being maintained; verify that the management measures in place are sufficient to provide protection; and recommend any management measures that may be necessary to maintain the values being protected. Article 6.3 of Annex V to the Madrid Protocol requires “A review of a

(ASPA)Management Plan shall be initiated at least every five years.” Updating of the ASPA management plan is the responsibility of the country that originally proposed the site, as in this case, the United States. *Location:* Cape Hallett (ASPA 106), Cape Royds (ASPA 121), Barwick and Balham Valleys (ASPA 123), Cape Crozer (ASPA 124), Northwest White Island (ASPA 137), and, Linnaeus Terrace (ASPA 138). *Dates:* October 1, 2007 to August 31, 2010. *Permit Application No.:* 2008-008. 2. *Applicant:* Rennie S. Holt, Director, U.S. AMLR Program, Southwest Fisheries Science Center, National Marine Fisheries Service, 8604 La Jolla Shores Drive, La Jolla, CA 92038. *Activity for Which Permit is Requested:* Take and enter an Antarctic Specially Protected Area (ASPA). The applicant proposes to enter Cape Shirreff (ASPA 149) to collect blood samples from 30 adult Gentoo and Chinstrap penguins each. In addition, time depth recorders

(TDRs)and satellite tags

(PTT)will be attached to the penguins to study the foraging ecology and diets of the penguins. The applicant also plans to collect DNA samples from 50 Antarctic Fur seals flippers. These samples will be used to estimate probability of full sib-half sib for successive matings of individual females and will provide information on female choice and degree of site fidelity in breeding. Finally, the applicant would like to annually salvage up to 3 adult females and five pups of Antarctic Fur seals due to accidental mortality. Also the applicant would like to annually salvage up to 2 Leopard seals of any age class due to accidental mortality. Salvage animals will be used for study back at the home institution. *Location:* Cape Shirreff, Livingston Island (ASPA 149). *Dates:* November 1, 2007 to April 30, 2011. *Permit Application No.:* 2008-009. 3. *Applicant:* Sam Feola, Director, Raytheon Polar Services Company, 7400 S. Tucson Way, Centennial, CO 80112. *Activity for Which Permit is Requested:* Enter an Antarctic Specially Protected Areas. The applicant proposes to enter the Byers Peninsula, Livingston Island Antarctic Specially Protected Area No. 126 to establish, resupply, transport personnel, and tear down a temporary scientific field camp. Paleontological field work will be conducted at the site under separate permit. Access to the site will be via zodiac from the scientific vessel, *ARSV Laurence M. Gould.* *Location:* Byers Peninsula, Livingston Island (ASPA 126). *Dates:* 20 November 2007 to December 31, 2008. *Permit Application No.:* 2008-010. 4. *Applicant:* David Caron, Department of Biological Sciences, University of Southern California, 3616 Trousdale Parkway, AHF 301, Los Angeles, CA 90089. *Activity for Which Permit is Requested:* Introduce non-indigenous species into Antarctica. The applicant proposes to bring genetically engineered E. coli cells for the creation of gene clone libraries. The cells are provided as part of the cloning kits to be used in experiments onboard the *R/V Nathaniel B. Palmer.* At no time will cells be released into the environment and any remnants of cells and equipment that comes in contact with the cells are disposed appropriately as Biohazard. *Location:* Ross Sea, Antarctica. *Dates:* December 1, 2007 to March 14, 2008. *Permit Application No.:* 2008-011. 5. *Applicant:* Sam Feola, Director, Raytheon Polar Services Company, 7400 S. Tucson Way, Centennial, CO 80112. *Activity for Which Permit is Requested:* Introduce non-indigenous species into Antarctica. The applicant proposes to import commercially available bacterial host cell, *Escherichia coli,* for experimental use at the McMurdo Station Crary Lab. The experimental purpose is to generate clones of genes and gene fragments. Unused bacterial clones will be destroyed by autoclaving the liquid culture or agar plates. All laboratory plastic and glass ware used in the cloning and culturing process will be autoclaved. *Location:* McMurdo Station, Crary Science and Engineering Laboratory. *Dates:* October 1, 2007 to April 1, 2010. *Permit Application No.:* 2008-012. 6. *Applicant:* Arthur L. DeVries, Department of Animal Biology, University of Illinois, Urbana, IL 61801. *Activity for Which Permit is Requested:* Enter and Antarctic Specially Protected Area. The applicant proposes to collect Notothenioid fishes by light Otter trawls or fish traps. Fishing will be done in the Eastern Dallmann Bay (ASPA 153) and Western Bransfield Strait (ASPA 152) areas. Tissues and blood collections are needed for quantification of the amount of antifreeze glycoprotein that is circulated in their circulatory space. Spleen and liver tissues are also needed for isolating genomic DNS and messenger RNA to investigate the size and organization of the antifreeze glycoprotein genome, and to determine in what tissues the antifreeze glycoprotein is expressed. *Location:* Eastern Dallmann Bay (ASPA 153) and Western Bransfield Strait (ASPA 152), Antarctic Peninsula. *Dates:* June 15, 2008 to October 15, 2008. Nadene G. Kennedy, Permit Officer, Office of Polar Programs. [FR Doc. E7-15178 Filed 8-3-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget

(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. *Type of submission, new, revision, or extension:* Revision. 2. *The title of the information collection:* NRC Form 4, “Cumulative Occupational Dose History” and NRC Form 5, “Occupational Exposure Record for a Monitoring Period”. 3. *The form number if applicable:* NRC Form 4 (3150-0005) and NRC Form 5 (3150-0006). 4. *How often the collection is required:* NRC Form 4: Occasionally; NRC Form 5: Annually. 5. *Who is required or asked to report:* NRC licensees who are required to comply with 10 CFR part 20. 6. *An estimate of the number of annual responses:* NRC Form 4: 20,024 (19,822 from reactor sites and 202 from material licensees) and NRC Form 5: 172,419 (160,701 from reactor sites and 11,718 from material licensees. 7. *The estimated number of annual respondents:* NRC Form 4: 218 (104 from reactor sites and 114 from materials licensees) and NRC Form 5: 4,212 (104 reactor sites and 114 materials licensees, plus an additional 3,994 materials licensees recordkeepers). 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* NRC Form 4: 10,012 hours on an average of 0.5 hours per response; NRC Form 5: 65,618 hours (56,898 hours for recordkeeping on an average of 0.33 hours per record and 8,720 hours for reporting on an average of 40 hours per licensee). 9. An *indication of whether Section 3507(d), Public Law 104-13 applies:* N/A. 10. *Abstract:* NRC Form 4 is used to record the summary of an individual's cumulative occupational radiation dose up to and including the current year to ensure that the dose does not exceed regulatory limits. NRC Form 5 is used to record and report the results of individual monitoring for occupational radiation exposure during a one-year (calendar year) period to ensure regulatory compliance with annual radiation dose limits. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 5, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Nathan Frey, Desk Officer, Office of Information and Regulatory Affairs (3150-0005 and 3150-0006), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *Nathan.Frey@omb.eop.gov* or submitted by telephone at

(202)395-4650. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245. Dated at Rockville, Maryland, this 30th day of July, 2007. For the Nuclear Regulatory Commission. Christopher Colburn, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E7-15190 Filed 8-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-247 and 50-286; License Nos. DPR-26 and DPR-64; EA-07-189] In the Matter of Entergy Nuclear Operations, Inc; Indian Point Nuclear Generating Unit Nos. 2 and 3; Order Modifying License (Effective Immediately) I Entergy Nuclear Operations, Inc. (Licensee) is the holder of Facility Operating License Nos. DPR-26 and DPR-64 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50. The licenses authorize the operation of Indian Point Nuclear Generating Unit Nos. 2 and 3, in accordance with the conditions specified therein. The facilities are located on the Licensee's site in Buchanan, New York. II On April 23, 2007, the NRC issued to Entergy Nuclear Operations, Inc. (Entergy) a Notice of Violation

(NOV)and Proposed Imposition of Civil Penalty for a violation involving the failure to meet the requirements of a Confirmatory Order (EA-05-190) that was issued to Entergy on January 31, 2006. On January 23, 2007, the NRC granted Entergy's request, provided in a letter dated January 11, 2007, to extend the full implementation date until April 15, 2007. The NRC issued the NOV and Proposed Civil Penalty after Entergy informed the NRC that the “radio only activation” feature of the emergency notification system

(ENS)did not meet its test acceptance criteria, resulting in the ENS not being fully operable by April 15, 2007, the date it was required to be operable. Entergy responded to the NOV on May 23, 2007, and committed to declaring the new ENS operable by August 24, 2007. In its response, Entergy admitted to the violation of the Confirmatory Order, identified the apparent causes of the violation, and described corrective actions that were taken or planned to correct the violation. Subsequent to the Licensee's May 23, 2007, letter, the NRC held a public meeting with Entergy officials on July 9, 2007, to clarify Entergy's actions to comply with the Confirmatory Order, particularly with respect to ensuring that the new ENS met the applicable Federal Emergency Management Agency

(FEMA)regulations, as well as to ensure that any specific county needs were identified and addressed prior to Entergy declaring the new ENS operable. The NRC has evaluated Entergy's response to the NOV and the additional information gathered during the July 9, 2007, public meeting. The NRC has determined that additional actions are needed to ensure that the new ENS with backup power supply capability is operable by August 24, 2007, as committed to in Entergy's May 23, 2007 letter. These actions include: Completing the outstanding requirements delineated in the aforementioned Confirmatory Order issued January 31, 2006, as modified herein; implementing those measures necessary for FEMA to accept the new ENS as the primary ENS for alerting the public by August 24, 2007; and, completing the necessary software and procedure upgrades and training of county personnel responsible for actuation of the system. III Adequate backup power for the ENS, as required by the Energy Policy Act of 2005

(Act)(see 42 U.S.C. 2210 et seq.) Section 651(b), requires that:

(a)The backup power supply for the Public Alerting System

(PAS)must meet commonly-applicable standards, such as National Fire Protection Association

(NFPA)Standard 1221, Standard for the Installation, Maintenance, and Use of Emergency Communications Systems

(2002)and Underwriters Laboratory

(UL)2017, Section 58.2;

(b)each PAS and PAS Alerting Appliance (PASAA) must receive adequate power to perform their intended functions such that backup power is sufficient to allow operation in standby mode for a minimum of 24 hours and in alert mode for a minimum of 15 minutes;

(c)batteries used for backup power must recharge to at least 80 percent of their capacity in a period of not more than 24 hours;

(d)except for those components that are in facilities staffed on a continuous basis (24 hours per day, 7 days per week) or otherwise monitored on a continuous basis, immediate automatic indication of a loss of power must be provided to the Licensee and appropriate government agencies; and

(e)except for those components that are in facilities staffed on a continuous basis (24 hours per day, 7 days per week) or otherwise monitored on a continuous basis, an automatic notification of an unplanned loss of power must be made to the Licensee in sufficient time to take compensatory action before the backup power supply can not meet the requirements of Section IV, part II. A. 2 of the Confirmatory Order. The requirements needed to implement the foregoing are set forth in Section IV below. Based on the above, and in consideration of other communications involving the NRC, FEMA, New York State, the four counties within the 10 mile Emergency Planning Zone, and Entergy officials, additional actions are needed to ensure Entergy is in compliance with the Commission's requirements and that the public interest will be protected. Therefore, License Nos. DPR-26 and DPR-64 should be modified to require compliance with Section 651(b) of the Act. Furthermore, pursuant to 10 CFR 2.202, and in consideration of the ongoing violation of the Confirmatory Order, as well as the prior enforcement related to such, I find that the significance of compliance with the Act described above is such that the public interest requires that this Order be immediately effective. IV Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended; Section 651(b) of the Energy Policy Act of 2005 (Pub. L. 109-58, 119 Stat 594); and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, it is hereby ordered, effective immediately, that license nos. Dpr-26 and dpr-64 are modified as follows: I. The Licensee shall meet all the provisions contained in the January 31, 2006, Confirmatory Order (see Appendix A of this Order), except as specifically modified or supplemented herein. With respect to the requirement to provide and maintain an ENS with backup power supply capability for the Indian Point Nuclear Generating Unit Nos. 2 and 3 facilities, the new ENS intended to comply with that requirement shall meet applicable requirements of state and federal authorities such that it is declared operable and placed into service as the primary system by August 24, 2007. II. The Licensee shall provide to NRC within 7 days of this order a report describing the steps and the expected schedule for completing each of the steps that the licensee understands are necessary to meet applicable requirements of state and federal authorities to place the new ENS system into service as the Primary Notification system. The report should identify any uncertainties in identification of requirements or in schedules associated with requirements. III. Prior to declaring the new ENS operable and using it as the primary system, the Licensee shall:

(a)Obtain FEMA approval that the system, as installed, meets the design criterion of the approved ENS Design Report and is in compliance with all applicable FEMA regulations and guidance; and,

(b)complete all necessary software and procedure upgrades and training of all the four county response organizations, accounting for the specific training needs identified by the counties, in the proper use of the new ENS and response to associated alarming conditions. IV. The Licensee shall maintain the existing ENS fully available (including conducting routine maintenance and testing activities) and establish the necessary procedures and actions to enable its use as a backup to the new ENS when the new ENS is declared in use as the primary system, until such time that FEMA grants approval to remove the existing ENS from service. The Director, Office of Enforcement, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. V In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order within 20 days of its issuance. In addition, the Licensee and any other person adversely affected by this Order may request a hearing on this Order within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. Any answer or request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications Staff, Washington, DC 20555. Copies of the hearing request shall also be sent to the Director, Office of Enforcement, to the Director, Office of Nuclear Reactor Regulation, and to the Assistant General Counsel for Materials Litigation and Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Regional Administrator, NRC Region I, U.S. NRC Region I, 475 Allendale Road, King of Prussia, PA 19406-1415; and to the Licensee, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, NY 10601, if the answer or hearing request is by a person other than the Licensee. It is requested that answers and requests for hearing or for time extensions be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101, or by e-mail to *hearingdocket@nrc.gov,* and also to the Office of the General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). If the hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 30th day of July 2007. For the Nuclear Regulatory Commission. Cynthia A. Carpenter, Director, Office of Enforcement. Appendix A—Section IV Excerpt From NRC Confirmatory Order, Dated January 31, 2006 IV I. The Licensee shall provide and maintain a backup power supply for the ENS for the Indian Point Nuclear Generating Unit Nos. 2 and 3, facilities. The ENS is the primary prompt notification system used to alert the public of an event at a nuclear power plant. II. The Licensee shall implement II.A, II.B, and II.C.1-3 by January 30, 2007. The backup power system for the ENS shall be declared operable by January 30, 2007. The backup power supply for the ENS shall include, as a minimum: A.1. A backup power supply for the PAS and each PASAA which shall provide adequate power for each component to perform their design function. These functions include the following as examples: sound output, rotation, speech intelligibility, or brightness as applicable. This criterion includes the associated activation, control, monitoring, and testing components for the backup power supply to the ENS including, but not limited to: radio transceivers, testing circuits, sensors to monitor critical operating parameters of the PAS and PASAA. The Licensee is required to meet all applicable standards, such as NFPA Standard 1221, Standard for the Installation, Maintenance, and Use of Emergency Communications Systems

(2002)and UL 2017, Section 58.2. 2. The backup power supply for each PAS and PASAA shall be designed for operation in standby mode, including, but not limited to: radio transceivers, testing circuits, sensors fully operational and providing polling data to the activation, control, monitoring, and test system for at least 24 hours without AC supply power from the local electric distribution grid. The backup power supply then shall be capable of performing its intended function, without recharge, by operating the PAS and PASAA in its alerting mode at its full design capability for a period of at least 15 minutes. This sequence shall be assumed to occur at the most unfavorable environmental conditions including, but not limited to, temperature, wind, and precipitation specified for PAS and PASAA operation and assume that the batteries are approaching the end of their design life (i.e., the ensuing recharge cycle will bring the batteries back to the minimum state that defines their design life). 3. In defining battery design life, automatic charging shall be sized such that batteries in the backup power are fully recharged to at least 80 percent of their maximum rated capacity from the fully discharged state in a period of not more than 24 hours. 4. Battery design life and replacement frequency shall comply with vendor(s) recommendations. 5. Except for those components that are in facilities staffed on a continuous basis (24 hours per day, 7 days per week) or otherwise monitored on a continuous basis, there shall be a feedback system(s) that provides immediate automatic indication of a loss of power to the Licensee and the appropriate government agencies, and an automatic notification of an unplanned loss of power must be made to the Licensee in sufficient time to take compensatory action before the backup power supply can not meet the requirements of Section IV, part II.A.2. 6. The Licensee shall implement a preventative maintenance and testing program of the ENS including, but not limited to: the equipment that activates and monitors the system, equipment that provides backup power, and the alerting device to ensure the ENS system performs to its design specifications. B.1. The Licensee shall implement any new Department of Homeland Security

(DHS)guidance pertaining to backup power for ENS that may affect the system requirements outlined in this Order that is issued prior to obtaining DHS approval of the alerting system design. The Licensee shall not implement any DHS guidance that reduces the effectiveness of the ENS as provided for in this Order without prior NRC approval. 2. The Licensee shall document the evaluation of lessons learned from any evaluation of the current alert and notification system

(ANS)and address resolution of identified concerns when designing the backup power system and such consideration shall be included in the design report. 3. The final PAS design must be submitted to DHS for approval prior to May 1, 2006. C.1. Within 60 days of the issuance of this Order, the Licensee shall submit a response to this Order to the NRC Document Control Desk providing a schedule of planned activities associated with the implementation of the Order including interactions with the Putnam, Rockland, Westchester, and Orange Counties, the State of New York, and DHS. In addition, the Licensee shall provide a progress report on or shortly before June 30, 2006. 2. The Licensee shall submit a proposed revision to its emergency response plan to incorporate the implementation of items A.1-A.6, B.1-B.3, and C.4-C.5. This plan shall be submitted to the NRC for review and approval within 120 days from the issuance of the Order. 3. Prior to declaring the ENS operable, the Licensee shall, in accordance with a test plan submitted to and approved by the NRC in conjunction with the design submittal, demonstrate satisfactory performance of all (100%) of the ENS components including the ability of the backup power supply to meet its design requirements. 4. After declaring the ENS operable, the Licensee shall conduct periodic testing to demonstrate reliable ENS system performance. 5. The results from testing as discussed in paragraph C.4 shall be reported, in writing, to the NRC Document Control Desk, with a copy to the Director of Nuclear Reactor Regulation, documenting the results of each test, until there are 3 consecutive tests testing the operability of all ENS components used during an actual activation), conducted no sooner than 25 days and no more than 45 days from the previous test with a 97% overall entire emergency planning zone success rate with no individual county failure rate greater than 10%. A false negative report from a feedback system will constitute a siren failure for the purposes of this test. III. The Licensee shall submit a written report to the NRC Document Control Desk, with a copy to the Director of Nuclear Reactor Regulation, when the ENS is declared operable. IV. The Licensee shall submit a written report to the NRC Document Control Desk and provide a copy to the Director of Nuclear Reactor Regulation when it has achieved full compliance with the requirements contained in this Order. V. The Licensee may use the criteria contained in 10 CFR 50.54(q) to make changes to the requirements contained in this Order without prior NRC approval provided that they do not reduce the effectiveness of the Order requirements or the approved emergency plan. The Licensee shall notify, in writing, the NRC Document Control Desk, with a copy to the Director, Division of Preparedness and Response, Office of Nuclear Security and Incident Response, 30 days in advance of implementing such a change. For other changes, the Licensee may submit a request, in writing, to the NRC Document Control Desk, with a copy to the Director, Office of Nuclear Reactor Regulation, to relax or rescind any of the above requirements upon a showing of good cause by the Licensee. [FR Doc. E7-15191 Filed 8-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-266, 50-301 Renewed License Nos. DPR-24 and DPR-27] In the Matter of Wisconsin Electric Power Company and Nuclear Management Company, LLC, (Point Beach Nuclear Plant); Order Approving Transfer of Licenses and Conforming Amendments I. Wisconsin Electric Power Company (WEPCO) and Nuclear Management Company, LLC

(NMC)are holders of the Renewed Facility Operating Licenses (FOLs), Nos. DPR-24 and DPR-27, which authorize the possession, use and operation of Point Beach Nuclear Plant, Units 1 and 2 (Point Beach or facility). NMC is licensed by the U.S. Nuclear Regulatory Commission (NRC, the Commission) to operate Point Beach. WEPCO is licensed to possess Point Beach with respect to WEPCO's ownership of the facility. Point Beach is located near Two Rivers, Wisconsin. II. By letter dated January 26, 2007, as supplemented by letter dated July 11, 2007, NMC, WEPCO and FPL Energy Point Beach, LLC, (FPLE Point Beach) submitted an application requesting approval of the direct license transfers that would be necessary in connection with WEPCO's proposed sale and transfer to FPLE Point Beach of its 100 percent ownership interest in Point Beach. The application also requested the approval of the transfer of NMC's operating authority to FPLE Point Beach. Transfer of the licenses will authorize FPLE Point Beach, pursuant to the general license in Section 72.210 of Title 10 of the Code of Federal Regulations (10 CFR), to store spent fuel in the Independent Spent Fuel Storage Installation (ISFSI) at Point Beach. As a potential interim step towards the sale of Point Beach, WEPCO and FPLE Point Beach have signed an Interim Operating Agreement that would permit WEPCO, at its option, and upon receipt of applicable regulatory approvals, to transfer NMC's operating authority to FPLE Point Beach prior to the closing of the ownership sale of Point Beach. This interim transfer of the operating authority from NMC to FPLE Point Beach would not change the financial responsibilities or qualifications or the decommissioning funding status of WEPCO as the 100 percent owner of Point Beach. WEPCO, NMC and FPLE Point Beach requested approval of

(1)conforming license amendments that would reflect the proposed transfer of ownership of and operating authority for Point Beach to FPLE Point Beach; and

(2)the option of transferring operating authority as an interim step to FPLE Point Beach. The amendments for transferring ownership and operating authority would include the following:

(1)The deletion of the references to WEPCO and NMC as owner and operator of Point Beach, respectively, and

(2)the authorization of FPLE Point Beach to possess, use, and operate Point Beach under essentially the same conditions and authorization included in the existing licenses. Two footnotes containing historical references to the former licensees also will be deleted. The applicants did not propose any physical or operational changes to the facility. After completion of the proposed transfers, FPLE Point Beach would be the owner and the operator of Point Beach. The amendments for transferring operational authority as an interim step would include the following:

(1)The deletion of the references to NMC as operator of Point Beach, and replacement with references to FPLE Point Beach, and

(2)the authorization of FPLE Point Beach to operate Point Beach under essentially the same conditions and authorization included in the existing licenses. After completion of the proposed transfers, FPLE Point Beach would be the operator of Point Beach. The applicants requested approval of the transfer of the renewed FOLs and conforming license amendments pursuant to 10 CFR 50.80 and 50.90. Notice of the request for approval and opportunity for a hearing were published in the **Federal Register** on February 28, 2007 (72 FR 9035). No comments were received. No requests for hearing or petitions for leave to intervene were received. Pursuant to 10 CFR 50.80, no license for a production or utilization facility, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements contained in the application, the NRC staff has determined that FPLE Point Beach is qualified to hold the licenses for Point Beach to the extent now held by WEPCO regarding its ownership interest, and is qualified to hold the operating authority under the licenses now held by NMC, and the transfer of the licenses as proposed in the application is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission, subject to the conditions set forth below. The NRC staff has also found that the application for the proposed license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendments will not be inimical to the common defense and security or to the health and safety of the public; and issuance of the proposed amendments will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by an NRC safety evaluation dated July 31, 2007. III. Accordingly, pursuant to Sections 161b, 161i, 161o and 184 of the Act, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o) and 2234; and 10 CFR 50.80, *It is hereby ordered* that the transfer of the licenses, as described herein, to FPLE Point Beach is approved, subject to the following conditions:

(1)At the time of the closing of the transfer of the licenses from Wisconsin Electric Power Company (WEPCO) to FPLE Point Beach, WEPCO shall transfer to FPLE Point Beach WEPCO's decommissioning funds in an aggregate minimum value of $200.8 million for Point Beach, Unit 1 and $189.2 million for Point Beach, Unit 2. FPLE Point Beach shall deposit such funds in an external decommissioning trust fund established by FPLE Point Beach for Point Beach Units 1 and 2. The trust agreement shall be in a form acceptable to the NRC.

(2)FPLE Point Beach shall take no actions to cause FPLE Group Capital, or its successors and assigns, to void, cancel, or modify its $70 million Support Agreement (Agreement) to FPLE Point Beach, as presented in the application, or cause it to fail to perform or impair its performance under the Agreement, without prior written consent from the NRC. The Agreement may not be amended or modified without 30 days prior written notice to the Director of the Office of Nuclear Reactor Regulation or his designee. An executed copy of the Agreement shall be submitted to the NRC no later than 30 days after the completion of the license transfers. Also, FPLE Point Beach shall inform the NRC in writing anytime it draws upon the $70 million Agreement.

(3)Prior to completion of the transfer of any authority under the licenses, FPLE Point Beach shall provide the Director of the Office of Nuclear Reactor Regulation satisfactory documentary evidence that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 of the Commission's regulations. *It is further ordered* that FPLE Point Beach shall inform the Director of the Office of Nuclear Reactor Regulation in writing if it wishes to exercise the option to transfer the operating authority prior to closing of the sale no later than 5 business days prior to the desired date for transfer of operational authority. Should FPLE Point Beach not request to exercise the option to transfer operational authority prior to closing of the sale, then the associated amendments to transfer operational authority will be null and void and only the amendments reflecting transfer of both ownership and operating authority will remain approved. *It is further ordered* that FPLE Point Beach shall inform the Director of the Office of Nuclear Reactor Regulation in writing of the date of the closing of the sale no later than 5 business days prior to the closing of the sale and transfer of licenses. Should the transfer of the licenses not be completed by July 31, 2008, this Order shall become null and void, provided however, that upon written application and for good cause shown, such date may be extended by order. *It is further ordered* that, consistent with 10 CFR 2.1315(b), the license amendments, indicated in Enclosures 2 or 3 to the cover letter forwarding this Order, that make the applicable changes to conform the licenses to reflect the subject license transfers are approved. The applicable amendments for transfer of ownership and operational authority shall be issued and made effective at the time such proposed license transfers are completed in full. The applicable amendments for the option of first transferring operational authority shall be issued and made effective at the time such transfer closes. This Order is effective upon issuance. For further details with respect to this Order, see the initial application dated January 26, 2007, as supplemented by letter dated July 11, 2007, and the non-proprietary safety evaluation dated July 31, 2007, which is available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and accessible electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland this 31st day of July 2007. For the Nuclear Regulatory Commission. J. E. Dyer, Director, Office of Nuclear Reactor Regulation. [FR Doc. E7-15192 Filed 8-3-07; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request; Extension: Rule 13e-3 (Schedule 13E-3); OMB Control No. 3235-0007; SEC File No. 270-1 Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 13e-3 and Schedule 13E-3 (17 CFR 240.13e-3 and 240.13e-100)—Rule 13e-3 prescribes the filing, disclosure and dissemination requirements in connection with a going private transaction by an issuer or an affiliate. Schedule 13E-3 provides shareholders and the marketplace with information concerning going private transactions that is important in determining how to respond to such transactions. The information collected permits verification of compliance with securities laws requirements and ensures the public availability and dissemination of the collected information. We estimate that Schedule 13E-3 is filed by approximately 600 issuers annually and it takes approximately 137.25 hours per response. We estimate that 25% of the 137.25 hours per response is prepared by the filer for a total annual reporting burden of 20,588 hours. Written comments are invited on:

(a)Whether these collections of information are necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: *PRA_Mailbox@sec.gov* . Dated: July 30, 2007. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-15181 Filed 8-3-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27918; 812-13251] AARP Funds, et al.; Notice of Application July 31, 2007. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from section 15(a) of the Act and rule 18f-2 under the Act. *Summary of Application:* Applicants request an order that would permit them to enter into and materially amend sub-advisory agreements without shareholder approval. *Applicants:* AARP Funds and AARP Portfolios (each a “Trust” and together, the “Trusts”), and AARP Financial Incorporated (the “Manager”). *Filing Dates:* The application was filed on January 3, 2006, and amended on June 14, 2006, and July 30, 2007. *Hearing or Notification of Hearing:* An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on August 27, 2007, and should be accompanied by proof of service on the applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F. Street, NE., Washington, DC 20549-1090. Applicants, c/o Marc Duffy, Secretary, AARP Funds, 650 F. Street, NW., Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior Counsel, at

(202)551-6879, or Mary Kay Frech, Branch Chief, at

(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Commission's Public Reference Desk, 100 F. Street, NE., Washington, DC 20549-0102 (telephone

(202)551-5850). Applicants' Representations 1. Each Trust is a Delaware statutory trust and is registered under the Act as an open-end management investment company. Each Trust currently offers multiple series (each, a “Fund” and collectively, the “Funds”), each with its own investment objectives, policies and restrictions. 1 1 Applicants also request that any relief granted pursuant to the application apply to future series of the Trusts and any other existing or future registered open-end management investment company and its series that:

(a)Is advised by the Manager or a person controlling, controlled by, or under common control with the Manager;

(b)uses the management structure described in the application; and

(c)complies with the terms and conditions of the application (included in the term “Funds”). The only existing registered open-end management investment companies that currently intend to rely on the requested order are named as applicants. If the name of any Fund contains the name of a Sub-Adviser (as defined below), the name of the Manager or the name of the entity controlling, controlled by or under common control with the Manager that serves as the primary adviser to the Fund will precede the name of the Sub-Adviser. 2. The Manager, registered under the Investment Advisers Act of 1940 (“Advisers Act”), serves as investment adviser to each Fund pursuant to an investment advisory agreement with the Trusts (“Advisory Agreement”) that was approved by the board of trustees of the Trusts (the “Board”), including a majority of the trustees who are not “interested persons,” as defined in section 2(a)(19) of the Act (“Independent Trustees”), and the shareholders of each Fund. Under the terms of the Advisory Agreement, the Manager provides the Funds with investment research, advice and supervision, and furnishes an investment program for each Fund consistent with the investment objectives and policies of the Fund. Under the Advisory Agreement, the Manager may delegate its responsibility for providing investment advice and making investment decisions for a particular Fund to one or more sub-advisers (each, a “Sub-Adviser”) who have discretionary authority to invest all or a portion of the Fund's assets pursuant to a separate sub-advisory agreement (“Sub-Advisory Agreement”). Each Sub-Adviser is, and any future Sub-Adviser will be, registered under the Advisers Act. The Manager monitors and evaluates the Sub-Advisers and recommends to the Board their hiring, termination, and replacement. The Manager will select Sub-Advisers for recommendation to the Board based on the Manager's selection and review process. For its services to a Fund, the Manager pays a Sub-Adviser a monthly fee at an annual rate based on the average daily net assets of the Fund. The fees of Sub-Advisers are paid by the Manager (and not by the applicable Fund) out of the fee paid to the Manager by a Fund under the Advisory Agreement. 3. Applicants request an order to permit the Manager, subject to Board approval, to enter into and materially amend Sub-Advisory Agreements without obtaining shareholder approval. The requested relief will not extend to any Sub-Adviser that is an affiliated person, as defined in section 2(a)(3) of the Act, of a Fund or the Manager, other than by reason of serving as a Sub-Adviser to one or more of the Funds (“Affiliated Sub-Adviser”). None of the current Sub-Advisers is an Affiliated Sub-Adviser. Applicants' Legal Analysis 1. Section 15(a) of the Act provides, in relevant part, that it is unlawful for any person to act as an investment adviser to a registered investment company except pursuant to a written contract that has been approved by the vote of a majority of the company's outstanding voting securities. Rule 18f-2 under the Act provides that each series or class of stock in a series company affected by a matter must approve such matter if the Act requires shareholder approval. 2. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction or any class or classes of persons, securities, or transactions from any provision of the Act, or from any rule thereunder, if and to the extent that such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Applicants believe that the requested relief meets this standard for the reasons discussed below. 3. Applicants state that the Funds' shareholders rely on the Manager to select the Sub-Advisers best suited to achieve a Fund's investment objectives. Applicants assert that, from the perspective of the investor, the role of the Sub-Advisers is comparable to that of individual portfolio managers employed by traditional investment advisory firms. Applicants contend that requiring shareholder approval of each Sub-Advisory Agreement would impose costs and unnecessary delays on the Funds, and may preclude the Manager from acting promptly in a manner considered advisable by the Board. Applicants also note that the Advisory Agreement will remain subject to the shareholder approval requirement in section 15(a) of the Act and rule 18f-2 under the Act. Applicants' Conditions Applicants agree that any order granting the requested relief will be subject to the following conditions: 1. Before a Fund may rely on the requested order, the operation of the Fund in the manner described in the application will be approved by a majority of the Fund's outstanding voting securities, as defined in the Act, or, in the case of a Fund whose public shareholders purchase shares on the basis of a prospectus containing the disclosure contemplated by condition 2 below, by the initial shareholder(s) before offering shares of that Fund to the public. 2. Each Fund will disclose in its prospectus the existence, substance and effect of any order granted pursuant to the application. In addition, each Fund will hold itself out to the public as employing the management structure described in the application. The prospectus will prominently disclose that the Manager has the ultimate responsibility (subject to oversight by the Board) to oversee Sub-Advisers and to recommend their hiring, termination, and replacement. 3. Within 90 days of the hiring of a new Sub-Adviser for any Fund, shareholders of the affected Fund will be furnished all information about the new Sub-Adviser that would be included in a proxy statement. To meet this condition, each Fund will provide shareholders with an information statement meeting the requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule 14A under the Securities Exchange Act of 1934 within 90 days of the hiring of a new Sub-Adviser. 4. The Manager will not enter into a Sub-Advisory Agreement with any Affiliated Sub-Adviser unless such agreement, including the compensation to be paid thereunder, has been approved by the shareholders of the applicable Fund. 5. At all times, at least a majority of the Board will be Independent Trustees, and the nomination of new or additional Independent Trustees will be placed within the discretion of the then existing Independent Trustees. 6. When a change of Sub-Adviser is proposed for a Fund with an Affiliated Sub-Adviser, the Board, including a majority of the Independent Trustees, will make a separate finding, reflected in the Board minutes, that the change is in the best interests of the Fund and its shareholders and does not involve a conflict of interest from which the Manager or the Affiliated Sub-Adviser derives an inappropriate advantage. 7. The Manager will provide general management services to each Fund, including overall supervisory responsibility for the general management and investment of each Fund's assets, and, subject to review and approval by the Board, will

(a)Set the Fund's overall investment strategies;

(b)evaluate, select, and recommend Sub-Advisers to manage all or a part of the Fund's assets;

(c)when appropriate, allocate and reallocate a Fund's assets among multiple Sub-Advisers;

(d)monitor and evaluate the performance of Sub-Advisers; and

(e)implement procedures reasonably designed to ensure compliance by the Sub-Adviser(s) with the Fund's investment objectives, policies and restrictions. 8. No trustee or officer of the Trusts, or director or officer of the Manager, will own, directly or indirectly (other than through a pooled investment vehicle that is not controlled by such person), any interest in a Sub-Adviser, except for

(a)ownership of interests in the Manager or any entity that controls, is controlled by, or is under common control with the Manager, or

(b)ownership of less than 1% of the outstanding securities of any class of equity or debt of a publicly-traded company that is either a Sub-Adviser or an entity that controls, is controlled by, or is under common control with a Sub-Adviser. 9. The requested order will expire on the effective date of rule 15a-5 under the Act, if adopted. For the Commission, by the Division of Investment Management, under delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-15188 Filed 8-3-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27919; 812-13383] DWS Advisor Funds, et al.; Notice of Application July 31, 2007. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of an application to supercede an existing order under section 12(d)(1)(J) of the Investment Company Act of 1940 (the “Act”) granting an exemption from section 12(d)(1)(G)(i)(II) of the Act. *Summary of Application:* Applicants request an order to supercede an existing order that permits funds of funds relying on section 12(d)(1)(G) of the Act to invest in securities and other financial instruments, to include investments in certain other registered investment companies and to add new applicants. *Applicants:* DWS Investments Trust (formerly Morgan Grenfell Investment Trust) (“Original Trust”); DWS Advisor Funds; DWS Allocation Series; DWS Blue Chip Fund; DWS Communications Fund, Inc.; DWS Equity Partners Fund, Inc.; DWS Equity Trust; DWS Global/International Fund, Inc.; DWS High Income Series; DWS Income Trust; DWS Institutional Funds; DWS International Fund, Inc.; DWS Investment Trust; DWS Investments VIT Funds; DWS Investors Funds, Inc.; DWS Money Funds; DWS Money Market Trust; DWS Mutual Funds, Inc.; DWS Portfolio Trust; DWS Securities Trust; DWS Strategic Income Fund; DWS Target Fund; DWS Technology Fund; DWS U.S. Government Securities Fund; DWS Value Builder Fund, Inc.; DWS Value Equity Trust; DWS Value Series, Inc.; DWS Variable Series I and DWS Variable Series II (collectively the “New Funds”) and Deutsche Investment Management Americas, Inc. (“DIMA,” together with the New Funds, the “New Applicants”) (collectively with the Original Trust, the “Applicants”). *Filing Dates:* The application was filed on May 9, 2007 and amended on July 24, 2007. Applicants have agreed to file an amendment during the notice period, the substance of which is reflected in this notice. *Hearing or Notification of Hearing:* An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on August 24, 2007 and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reasons for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, Commission, 100 F. Street, NE., Washington, DC 20549-1090. Applicants, Deutsche Investment Management Americas, Inc., Two International Place, Boston, Massachusetts 02110. FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel at

(202)551-6876, or Nadya Roytblat, Assistant Director, at

(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee from the Commission's Public Reference Branch, 100 F. Street, NE., Washington, DC 20549-0102 (telephone

(202)551-5850). Applicants' Representations 1. The Original Trust, which is registered under the Act as an open-end management investment company and organized as a Massachusetts business trust, received an order (“Existing Order”) permitting certain series of the Original Trust that operate as “funds of funds” in reliance on section 12(d)(1)(G) of the Act to invest directly in other securities and financial instruments (“Other Investments”). 1 The Existing Order excluded shares of any registered investment companies outside of the Original Trust's group of investment companies from Other Investments. 1 Morgan Grenfell Investment Trust et al., Investment Company Act Release Nos. 25063 (July 13, 2001) (notice) and 25105 (August 9, 2001) (order). 2. Each New Trust is organized as a Massachusetts business trust or a Maryland corporation and is registered as an open-end management investment company under the Act. DIMA, an investment adviser registered under the Investment Advisers Act of 1940, serves as investment adviser to the New Funds and to the Original Trust. 3. Applicants request that the relief also apply to any other existing or future registered open-end management investment company or series thereof advised by DIMA or any entity controlling, controlled by, or under common control with DIMA (“Upper Tier Funds”). Any registered open-end management investment company (or series thereof) whose shares are purchased by an Upper Tier Fund, and which is part of the same group of investment companies, as defined in section 12(d)(1)(G)(ii) of the Act, as the Upper Tier Fund is referred to as “DWS Underlying Fund.” 2 2 All existing Upper Tier Funds and DWS Underlying Funds currently intending to rely on the requested order are named as applicants, and any other entity that relies on the order in the future will do so only in accordance with the terms and conditions of the application. 4. Applicants propose that, in addition to DWS Underlying Funds and Other Investments, Upper Tier Funds be permitted to invest in securities of “Unaffiliated ETFs” either within the limits of sections 12(d)(1)(A) and

(B)of the Act or in excess of those limits in reliance on exemptive orders obtained by such “Unaffiliated ETFs.” “Unaffiliated ETFs” are open-end management investment companies or unit investment trusts registered under the Act that operate as exchange-traded funds and are not part of the same group of investment companies as the Upper Tier Fund. Applicants' Legal Analysis 1. Section 12(d)(1)(A) of the Act provides that no registered investment company (“acquiring company”) may acquire securities of another investment company (“acquired company”) if such securities represent more than 3% of the acquired company's outstanding voting stock or more than 5% of the acquiring company's total assets, or if such securities, together with the securities of other investment companies, represent more than 10% of the acquiring company's total assets. Section 12(d)(1)(B) of the Act provides that no registered open-end investment company may sell its securities to another investment company if the sale will cause the acquiring company to own more than 3% of the acquired company's voting stock, or cause more than 10% of the acquired company's voting stock to be owned by investment companies. 2. Section 12(d)(1)(G) of the Act provides that section 12(d)(1) will not apply to securities of an acquired company purchased by an acquiring company if:

(i)The acquiring company and the acquired company are part of the same group of investment companies;

(ii)the acquiring company holds only securities of acquired companies that are part of the same group of investment companies, government securities, and short-term paper;

(iii)the aggregate sales loads and distribution-related fees of the acquiring company and the acquired company are not excessive under rules adopted pursuant to section 22(b) or section 22(c) of the Act by a securities association registered under section 15A of the Securities Exchange Act of 1934 or by the Commission; and

(iv)the acquired company has a policy that prohibits it from acquiring securities of registered open-end management investment companies or registered unit investment trusts in reliance on section 12(d)(1)(F) or (G). Applicants state that the proposed arrangement would comply with the provisions of section 12(d)(1)(G), but for the fact that an Upper Tier Fund's investments will include shares of one or more DWS Underlying Funds as well as Other Investments and Unaffiliated ETFs. 3. Section 12(d)(1)(J) of the Act provides that the Commission may exempt persons or transactions from any provision of section 12(d)(1) if, and to the extent that, the exemption is consistent with the public interest and the protection of investors. Applicants request an order under section 12(d)(1)(J) exempting them from section 12(d)(1)(G)(i)(II). Applicant state that investments in securities of Unaffiliated ETFs in excess of the limits of sections 12(d)(1)(A) and

(B)would be subject to all of the terms and conditions contained in exemptive orders obtained by such Unaffiliated ETFs. Applicants therefore assert that the ability of each Upper Tier Fund to invest in securities of Unaffiliated ETFs would not give rise to any of the concerns that the prohibitions of sections 12(d)(1)(A) and

(B)or the requirements of section 12(d)(1)(G) were designed to address. Applicants' Conditions Applicants agree that any order granting the requested relief will supercede the Existing Order and will be subject to the following conditions: 1. Applicants will comply with all provisions of section 12(d)(1)(G) of the Act, except for section 12(d)(1)(G)(i)(II) to the extent that it restricts an Upper Tier Fund from investing in Other Investments and Unaffiliated ETFs, as described in the application. 2. Before approving any advisory contract under section 15 of the Act, the board of directors or trustees of each Upper Tier Fund, including a majority of the disinterested board members, will find that the advisory fees, if any, charged under such contract are based on services provided that are in addition to, rather than duplicative of, services provided pursuant to any DWS Underlying Fund's or Unaffiliated ETF's advisory contract. Such finding, and the basis upon which the finding was made, will be recorded fully in the minute books of the Upper Tier Fund. For the Commission, by the Division of Investment Management, under delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-15180 Filed 8-3-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION Data Collection Available for Public Comments and Recommendations ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection. DATES: Submit comments on or before October 5, 2007. ADDRESSES: Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collection, to Pamela Fenderson, Program Analyst, Office of Business Development, Small Business Administration, 409 3rd Street SW., Suite 8300, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Pamela Fenderson, Program Analyst, Office of Business Development, 202-205-7408 *pamela.fenderson@sba.gov* Curtis B. Rich, Management Analyst, 202-205-7030 *curtis.rich@sba.gov.* SUPPLEMENTARY INFORMATION: *Title:* “8(a) Annual Update”. *Description of Respondents:* 8(a) Program Participants. *Form No's:* 1450. *Annual Responses:* 6,700. *Annual Burden:* 7,258. Jacqueline White, Chief, Administrative Information Branch. [FR Doc. E7-15183 Filed 8-3-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10927 and #10928] Oklahoma Disaster Number OK-00012 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1712-DR), dated 07/07/2007. *Incident:* Severe Storms, Flooding, and Tornadoes. *Incident Period:* 06/10/2007 and continuing through 07/25/2007. *Effective Date:* 07/25/2007. *Physical Loan Application Deadline Date:* 09/05/2007. *EIDL Loan Application Deadline Date:* 04/07/2008. ADDRESSES: *Submit completed loan applications to* : U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Oklahoma, dated 07/07/2007 is hereby amended to establish the incident period for this disaster as beginning 06/10/2007 and continuing through 07/25/2007. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E7-15184 Filed 8-3-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Disaster Declaration #10958 and #0959; Wisconsin Disaster #WI-00009 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Wisconsin dated July 30, 2007. *Incident:* Severe storms and flooding. *Incident Period:* July 18, 2007. *Effective Date:* July 30, 2007. *Physical Loan Application Deadline Date:* September 28, 2007. *Economic Injury

(Eidl)Loan Application Deadline Date:* April 30, 2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Grant Contiguous Counties: Wisconsin Crawford, Iowa, Lafayette, Richland Iowa Clayton, Dubuque. Illinois Jo Daviess The Interest Rates are: Percent Homeowners With Credit Available Elsewhere 5.750 Homeowners Without Credit Available Elsewhere 2.875 Businesses With Credit Available Elsewhere 8.000 Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10958 6 and for economic injury is 10959 0. The States which received an EIDL Declaration # are Wisconsin, Illinois, and Iowa. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: July 30, 2007. Steven C. Preston, Administrator. [FR Doc. E7-15185 Filed 8-3-07; 8:45 am] BILLING CODE 8025-01-P SOCIAL SECURITY ADMINISTRATION Agency Information Collection Activities: Proposed Request and Comment Request The Social Security Administration

(SSA)publishes a list of information collection packages that will require clearance by the Office of Management and Budget

(OMB)in compliance with Public Law 104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995. The information collection packages that may be included in this notice are for new information collections, approval of existing information collections, revisions to OMB-approved information collections, and extensions (no change) of OMB-approved information collections. SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Written comments and recommendations regarding the information collection(s) should be submitted to the OMB Desk Officer and the SSA Reports Clearance Officer. The information can be mailed, faxed or emailed to the individuals at the addresses and fax numbers listed below: (OMB), Office of Management and Budget, Attn: Desk Officer for SSA, Fax: 202-395-6974, E-mail address: *OIRA_Submission@omb.eop.gov* . (SSA), Social Security Administration, DCBFM, Attn: Reports Clearance Officer, 1333 Annex Building, 6401 Security Blvd., Baltimore, MD 21235, Fax: 410-965-6400, E-mail address: *OPLM.RCO@ssa.gov.* I. The information collections listed below are pending at SSA and will be submitted to OMB within 60 days from the date of this notice. Therefore, your comments should be submitted to SSA within 60 days from the date of this publication. You can obtain copies of the collection instruments by calling the SSA Reports Clearance Officer at 410-965-0454 or by writing to the address listed above. 1. Travel Expense Reimbursement—20 CFR 404.999(d) and 416.1499—0960-0434. The Social Security Act provides for travel expense reimbursement by the State agency or Federal agency for claimant travel incidental to medical examinations and to parties, their representatives, and all reasonably necessary witnesses. Reimbursement is applicable to travel exceeding 75 miles to attend medical examinations, reconsideration interviews and proceedings before an administrative law judge. Reimbursement procedures require the claimant to provide

(1)A list of expenses incurred, and

(2)receipts of such expense. State and Federal personnel review the listings and receipts to verify the amount to be reimbursed to the claimant. The respondents are claimants for Title II benefits and Title XVI payments. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 50,000. *Frequency of Response:* 1. *Average Burden per Response:* 10 minutes. *Estimated Annual Burden:* 8,333 hours. 2. Disability Hearing Officer's Report of Disability Hearing—20 CFR 404.917, 416.1407, 416.1417—0960-0440. Form SSA-1205-BK is used by the Disability Hearing Officer conducting the disability interview in preparation for a written reconsidered determination—specifically for evaluating Title II and Title XVI adult disability claims. The form provides the framework for addressing crucial elements in the case and is used in formulating the completed official document of the decision. Respondents are Disability Hearing Officers. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 35,600. *Frequency of Response:* 1. *Average Burden per Response:* 60 minutes. *Estimated Annual Burden:* 35,600 hours. 3. Beneficiary Recontact Report—20 CFR 404.703 and 404.705—0960-0536. SSA needs to ensure that eligibility for benefits continues after entitlement is established. Studies show that payees of children who marry fail to report the marriage, which is a terminating event. SSA asks children ages 15, 16, and 17 information about marital status to detect overpayments and avoid continuing payment to those no longer entitled. Form SSA-1587-OCR-SM is used to obtain information regarding marital status from those children who have representative payees. Respondents are recipients of survivor mother/father Social Security benefits who have representative payees. *Type of Request:* Revision of an OMB-approved information collection. *Number of Respondents:* 982,357. *Frequency of Response:* 1. *Average Burden Per Response:* 3 minutes. *Estimated Annual Burden:* 49,118 hours. 4. Certificate of Coverage Request—20 CFR 404.1913—0960-0554. The United States has Social Security agreements with 21 countries. These agreements eliminate double Social Security coverage and taxation where, except for the provisions of the agreement, a period of work would be subject to coverage and taxes in both countries. The individual agreements contain rules for determining the country under whose laws the period of work will be covered and to whose system taxes will be paid. The agreements further provide that, upon the request of the worker or employer, the country under whose system the period of work is covered will issue a certificate of coverage. The certificate serves as proof of exemption from coverage and taxation under the system of the other country. The information collected is needed to determine if a period of work is covered by the U.S. Social Security system under an agreement and to issue a U.S. certificate of coverage. Respondents are workers and employers wishing to establish exemption from foreign social security taxes. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 50,000. *Estimated Annual Burden:* 25,000 hours. Type of respondent Number of respondents Frequency of response Average burden per response (minutes) Total annual burden (hours) Individuals 30,000 1 30 15,000 Private Sector 20,000 1 30 10,000 Totals 50,000 25,000 5. Race & Ethnicity Qualitative Research—0960-NEW. Collection Background Currently, the Social Security Administration

(SSA)does not have a reliable, statistically valid means of capturing race/ethnicity data in our core business processes. While race/ethnicity data is collected on the Form SS-5, Application for Social Security Card, it is not provided to SSA through other means of enumerating individuals; e.g., the Enumeration at Birth and Enumeration at Entry processes. Consequently, we intend to collect this information in other SSA application processes. The Office of Management and Budget

(OMB)mandated that Federal agencies collecting race and ethnicity information must use consistent standards established by OMB. Adding race/ethnicity as questions to SSA's applications for benefits will enable SSA to improve its administrative data. Race & Ethnicity Qualitative Research Before SSA collects race/ethnicity data, we plan to conduct several voluntary focus groups with members of the public to assess their opinions, reactions and recommendations on a proposed form that will be used to collect the information. The questions and race and ethnicity categories will follow the standards developed by OMB. The information from this research will be used to develop a comprehensive collection form. The respondents are members of the public who volunteer to participate in the RECS questions focus groups. *Type of Request:* New information collection. *Number of Respondents:* 96 (8 focus groups, 12 participants). *Frequency of Response:* 1. *Average Burden per Response:* 90 minutes. *Estimated Annual Burden:* 144 hours. II. The information collections listed below have been submitted to OMB for clearance. Your comments on the information collections would be most useful if received by OMB and SSA within 30 days from the date of this publication. You can obtain a copy of the OMB clearance packages by calling the SSA Reports Clearance Officer at 410-965-0454, or by writing to the address listed above. 1. Child Care Dropout Questionnaire—20 CFR 404.211(e)(4)—0960-0474. Information colleted on this form is used by SSA to determine if an individual qualifies for a child care exclusion in computing the individual's disability benefit amount. Respondents are applicants for disability benefits. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 2000. *Frequency of Response:* 1. *Average Burden per Response:* 5 minutes. *Estimated Annual Burden:* 167 hours. Dated: July 30, 2007. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. E7-15152 Filed 8-3-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 5875] Determination on U.S. Position on Proposed European Bank for Reconstruction and Development

(EBRD)Projects in Serbia and Bosnia and Herzegovina Pursuant to section 561 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Pub. L. 109-102) (FOAA), and Department of State Delegation of Authority Number 289, I hereby determine that the two proposed EBRD projects, one to provide 25.1 million euro equity investment and a 27.5 million euro loan for tourism facility development in the region and one to provide a 35 million euro equity investment for expanded pension fund management in the region, will contribute to a stronger and more integrated economy in Serbia and Bosnia and Herzegovina and directly support implementation of the Dayton Accords. I therefore waive the application of Section 561 of the FOAA to the extent that provision would otherwise prevent the U.S. Executive Directors of the EBRD from voting in favor of these projects. This Determination shall be reported to the Congress and published in the **Federal Register** . Dated: February 13, 2007. Daniel Frie, Assistant Secretary of State for European and Eurasian Affairs Department of State. [FR Doc. E7-15241 Filed 8-3-07; 8:45 am] BILLING CODE 4710-23-P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket OST-2006-25711; Order 2007-7-24] Application of Maine Aviation Aircraft Charter, LLC. for Commuter Air Carrier Authority AGENCY: Department of Transportation. ACTION: Notice of Order to Show Cause. SUMMARY: The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Maine Aviation Aircraft Charter, LLC., fit, willing, and able, and awarding it commuter air carrier authority to conduct scheduled passenger and cargo commuter service. DATES: Persons wishing to file objections should do so no later than August 14, 2007. ADDRESSES: Objections and answers to objections should be filed in Docket OST-2006-25711 and addressed to Docket Operations, (M-30, Room W12-140), U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: Richard Pittaway, Air Carrier Fitness Division (X-56, Room W86-461), U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590,

(202)366-8856. Dated: July 31, 2007. Andrew B. Steinberg, Assistant Secretary for Aviation and International Affairs. [FR Doc. E7-15219 Filed 8-3-07; 8:45 am] BILLING CODE 4910-9X-P 72 150 Monday, August 6, 2007 Notices Part II Postal Service Changes in Domestic Rates and Fees; Notice POSTAL SERVICE Changes in Domestic Rates and Fees AGENCY: Postal Service. ACTION: Notice of implementation of changes to domestic rates, fees, and classifications. SUMMARY: This notice sets forth the changes to domestic rates, fees, and classifications to be implemented as a result of the decision of the Board of Governors (Governors) of the United States Postal Service® on the Opinion and Recommended Decision of the Postal Regulatory Commission on Changes in Postal Rates and Fees, Docket No. R2006-1 (March 19, 2007), and the decision of the Governors of the United States Postal Service on the Opinion and Recommended Decision on Reconsideration of the Postal Regulatory Commission on Changes in Postal Rates and Fees, Docket No. R2006-1 (May 1, 2007). EFFECTIVE DATES: May 14, 2007, except that the rates and classification changes for Periodicals became effective on July 15, 2007. FOR FURTHER INFORMATION CONTACT: Daniel J. Foucheaux, Jr., 202-268-2989. SUPPLEMENTARY INFORMATION: On May 3, 2006, pursuant to its authority under the former provisions of 39 U.S.C. 3621, *et seq.* , the Postal Service filed with the Postal Regulatory Commission (PRC), formerly the Postal Rate Commission, a Request for a Recommended Decision on Changes in Rates of Postage and Fees for Postal Services (Request). The PRC designated the filing as Docket No. R2006-1. On February 26, 2007, pursuant to its authority under the former provisions of 39 U.S.C. 3624, the PRC issued its Opinion and Recommended Decision on the Postal Service's Request to the Governors of the Postal Service. Pursuant to the former provisions of 39 U.S.C. 3625, on March 19, 2007, the Governors of the United States Postal Service allowed the PRC's recommended decision under protest, and returned three matters to the PRC for reconsideration. Decision of the Governors of the United States Postal Service on the Opinion and Recommended Decision of the Postal Regulatory Commission on Changes in Postal Rates and Fees, Docket No. R2006-1 (March 19, 2007). The three matters returned to the PRC for reconsideration pertained to rates recommended for Standard Mail® flats, the Nonmachinable Surcharge for First-Class Mail® letters, and the Priority Mail Flat Rate Box. In addition, the Board of Governors ordered that the implementation of the Periodicals changes be made effective on July 15, 2007, because of the complexity of the new Periodicals rate structure. On April 27, the Commission issued its Opinion and Recommended Decision on Reconsideration with respect to the Nonmachinable Surcharge for First-Class Mail letters, and the rate for the Priority Mail Flat Rate Box. On May 1, 2007, the Governors approved the recommended changes. The rate, fee, and classification changes ordered into effect by the Governors are reprinted below. In accordance with the Decision of the Governors and Resolution No. 07-3 of the Board of Governors, the Postal Service hereby gives notice that the rate, fee, and classification changes set forth below became effective at 12:01 a.m. on May 14, 2007, except that the rate and classification changes for Periodicals became effective on July 15, 2007 at 12:01 a.m. 1 Implementing regulations for the rate, fee, and classification changes were published in the **Federal Register** at 72 FR 15365 (March 30, 2007). Implementing regulations for the rate and classification changes for Periodicals were published in the **Federal Register** at 72 FR 29256 (May 25, 2007). 1 The rate and fee changes for the remaining item approved but returned for reconsideration—Standard Mail flats—will also become effective at 12:01 a.m. on May 14, 2007. Neva R. Watson, Attorney, Legislative. 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U.S. Code