Notices. Notice of appeal
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/register/2007/09/26/07-4758A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3410-DM-P DEPARTMENT OF COMMERCE International Trade Administration [A-475-824] Implementation of the Findings of the WTO Panel in US-Zeroing (EC); Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils From Italy AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 31, 2007, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement the Department's findings under section 129 of the Uruguay Round Agreements Act
(URAA)regarding the offsetting of dumped sales with non-dumped sales in the above-referenced investigation involving average-to-average transactions. The Department issued its finding on August 20, 2007, for stainless steel sheet and strip in coils from Italy (Italy SSSS) for ThyssenKrupp Acciai Speciali Terni S.P.A. and ThyssenKrupp AST USA, Inc. (collectively “TKAST”). 1 The Department hereby implements that finding. 1 On April 30, 2007, the Department implemented the findings of the World Trade Organization
(WTO)with respect to eleven investigations challenged by the European Communities. For the reasons detailed below, the final determination for stainless steel sheet and strip in coils from Italy was not included in the April 30, 2007, final determinations. *See Implementation of the Findings of the WTO Panel in US-Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders,* 72 FR 25261 (May 4, 2007) ( *Implementation Notice* ). DATES: The effective date of this determination is August 31, 2007. FOR FURTHER INFORMATION CONTACT: Daniel O'Brien, William Kovatch, or Michael Rill, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone:
(202)482-1376,
(202)482-5052, or
(202)482-3058, respectively. SUPPLEMENTARY INFORMATION: Background On February 22, 2007, the Department initiated twelve proceedings under section 129 of the URAA to implement the WTO dispute settlement panel's report in United States—Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”) (WT/DS294). *See Implementation of the Findings of the WTO Panel in U.S. Zeroing (EC): Notice of Initiation of Proceedings Under Section 129 of the URAA; Opportunity to Request Administrative Protective Orders; and Proposed Timetable and Procedures,* 72 FR 9306 (March 1, 2007). In each proceeding, the Department recalculated the weighted-average dumping margin, applying the calculation methodology described in *Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin During an Antidumping Investigation; Final Modification,* 71 FR 77722 (December 27, 2006). On February 26, 2007, the Department issued its preliminary determinations and requested comments. *See* Memorandum from Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant Secretary, Regarding Section 129 Determinations: Calculation of the Weighted-Average Margins dated February 26, 2007 (Preliminary Determination). TKAST, Allegheny Ludlum Corporation, Armco Inc., J&L Specialty Steel, Inc., Washington Steel Division of Bethlehem Steel Corporation, the United Steelworkers of America, AFL-CIO/CLC, the Butler Armco Independent Union, and the Zanesville Armco Independent Organization, Inc., (collectively, “petitioners”) and the European Union submitted case briefs with respect to Italy SSSS. TKAST and petitioners submitted rebuttal briefs. In its comments to the Department, TKAST alleged clerical errors in the Department's margin calculation in the less-than-fair-value investigation and Preliminary Determination. Because of these allegations, we placed the original less-than-fair-value investigation record onto the record of this 129 proceeding and invited interested parties to provide comments on computational errors that may have been present in the Department's recalculation of the weighted-average dumping margin with respect to TKAST. *See* the Department's Memo to the File from Angelica Mendoza, Program Manager, and Stephen Bailey, Case Analyst, through Richard Weible, Office Director, AD/CVD Operations/OFC 7, to the File, titled Placement of Record from the Less-Than-Fair-Value Investigation onto the Record of the Section 129 Determination, dated April 19, 2007. The Department also held two public hearings at the request of TKAST. Because of the two hearings, and the placement of the original less-than-fair-value investigation record onto the record of this 129 proceeding, the Department was delayed in issuing its final determination with respect to Italy SSSS. On August 20, 2007, the Department issued its final results for the Section 129 Determination with respect to Italy SSSS. *See* the Department's Memo to David M. Spooner, Assistant Secretary for Import Administration from Gary Taverman, Acting Deputy Assistant Secretary for Import Administration, titled Issues and Decision Memorandum for the Final Results of the Section 129 Determination, dated August 20, 2007 (Issues and Decision Memorandum). On August 28, 2007, TKAST submitted an allegation of ministerial errors and on August 31, 2007, petitioners filed their response to TKAST's ministerial error submission. The Department intends to address all ministerial error comments in a subsequent memorandum. On August 24, and August 28, 2007, consistent with section 129(b)(3) of the URAA, the U.S. Trade Representative held consultations with the Department and the appropriate congressional committees with respect to this determination. On August 31, 2007, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative directed the Department to implement this determination. Nature of the Proceedings Section 129 of the URAA governs the nature and effect of determinations issued by the Department to implement findings by WTO dispute settlement panels and the Appellate Body. Specifically, section 129(b)(2) provides that “notwithstanding any provision of the Tariff Act of 1930,” within 180 days of a written request from the U.S. Trade Representative, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. *See* 19 U.S.C. 3538(b)(2). The Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Rep. No. 103-316, Vol. 1, 103d Cong.
(1994)(SAA), reprinted in 1994 U.S.C.C.A.N. 4040, variously refers to such a determination by the Department as a “new,” “second,” and “different” determination. *See* SAA at 1025, 1027; 19 U.S.C.C.A.N. at 4313-14. After consulting with the Department and the appropriate congressional committees, the U.S. Trade Representative may direct the Department to implement, in whole or in part, the new determination made under section 129. *See* 19 U.S.C. 3538(b)(4). Pursuant to section 129(c), the new determination shall apply with respect to unliquidated entries of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the date on which the U.S. Trade Representative directs the Department to implement the new determination. *See* 19 U.S.C. 3538(c). The new determination is subject to judicial review separate and apart from judicial review of the Department's original determination. *See* 19 U.S.C. 1516a(a)(2)(B)(vii). Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by interested parties to this proceeding are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. The Issues and Decision Memorandum is on file in the Central Records Unit (CRU), room B-099 of the Department of Commerce main building and can be accessed directly at *http://ia.ita.doc.gov/frn.* The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Final Dumping Margins The margin for TKAST decreases from 11.23 percent to 2.11 percent. The all-others rate changes from 11.23 percent to 2.11 percent. Cash Deposit and Continuation of the Suspension of Liquidation On August 31, 2007, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative, after consulting with the Department and Congress, directed the Department to implement this determination. Therefore, we will instruct U.S. Customs and Border Protection
(CBP)to continue to suspend liquidation of all entries of subject merchandise from all exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate, which is 2.11 percent. The cash deposit rates will remain unchanged for those companies whose cash deposit rates since the original investigation have been superseded by administrative reviews. This Section 129 Determination is issued and published in accordance with section 129(c)(2)(A) of the URAA. *See* 19 U.S.C. 3538(c)(2)(A). Dated: September 20, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. Appendix I—Issues Raised in the Issues and Decision Memorandum Comment 1: Clerical Error Allegations. Comment 2: Whether the Department Has the Authority to Implement the WTO Appellate Body Decision. Comment 3: The Court of International Trade Remand. [FR Doc. E7-18991 Filed 9-25-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by Mill River Pipeline, LLC AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (Commerce). ACTION: Notice of appeal. SUMMARY: This announcement provides notice that Mill River Pipeline, LLC (Mill River) has filed an administrative appeal with the Department of Commerce asking that the Secretary override the Commonwealth of Massachusetts' objection to Mill River's proposed natural gas pipeline, which is part of a proposed liquefied natural gas terminal to be constructed in Fall River, Massachusetts. ADDRESSES: Materials from the appeal record will be available at the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 and on the following Web site: *http://www.ogc.doc.gov/czma.htm* . FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Advisor, NOAA Office of General Counsel, 301-713-7384. SUPPLEMENTARY INFORMATION: I. Notice of Appeal Mill River Pipeline, LLC (Mill River) filed a notice of appeal with the Secretary of Commerce pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 *et seq.* , and implementing regulations found at 15 CFR part 930, subpart H. Mill River appealed an objection raised by the Commonwealth of Massachusetts, relative to the proposed construction of a liquefied natural gas pipeline, which is part of a proposed liquefied natural gas terminal to be constructed in Fall River, Massachusetts. Under the CZMA, the Secretary may override Massachusetts' objection on grounds that the project is consistent with the objectives or purposes of the CZMA, or necessary in the interest of national security. To make the determination that the proposed activity is “consistent with the objectives or purposes” of the CZMA, the Secretary must find that:
(1)The proposed activity furthers the national interest as articulated in sections 302 or 303 of the CZMA, in a significant or substantial manner;
(2)the adverse effects of the proposed activity do not outweigh its contribution to the national interest, when those effects are considered separately or cumulatively; and
(3)no reasonable alternative is available that would permit the activity to be conducted in a manner consistent with the enforceable policies of Massachusetts' coastal management program. 15 CFR 930.121. To make the determination that the proposed activity is “necessary in the interest of national security,” the Secretary must find that a national defense or other national security interest would be significantly impaired were the proposed activity not permitted to go forward as proposed. 15 CFR 930.122. II. Appeal Documents NOAA intends to provide the public with access to all publicly available materials and related documents comprising the appeal record during business hours, at the NOAA Office of General Counsel for Ocean Services. For additional information about this appeal contact Brett Grosko, 301-713-7384. [Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management Program Assistance.] Dated: September 21, 2007. Joel La Bissonniere, Assistant General Counsel for Ocean Services. [FR Doc. E7-19047 Filed 9-25-07; 8:45 am] BILLING CODE 3510-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by Weaver's Cove Energy, LLC AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (Commerce). ACTION: Notice of appeal. SUMMARY: This announcement provides notice that Weaver's Cove Energy, LLC (Weaver's Cove) has filed an administrative appeal with the Department of Commerce asking that the Secretary override the Commonwealth of Massachusetts objection to Weaver's Cove's proposed liquefied natural gas terminal in Fall River, Massachusetts. ADDRESSES: Materials from the appeal record will be available at the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910 and on the following Web site: *http://www.ogc.doc.gov/czma.htm.* FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Advisor, NOAA Office of the General Counsel, 301-713-7384. SUPPLEMENTARY INFORMATION: I. Notice of Appeal Weaver's Cove Energy, LLC (Weaver's Cove) filed a notice of appeal with the Secretary of Commerce pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 *et seq.* , and implementing regulations found at 15 CFR part 930, subpart H. Weaver's Cove appealed an objection raised by the Commonwealth of Massachusetts, relative to the proposed construction of a liquefied natural gas terminal in Fall River, Massachusetts. Under the CZMA, the Secretary may override Massachusetts' objection on grounds that the project is consistent with the objectives or purposes of the CZMA, or necessary in the interest of national security. To make the determination that the proposed activity is “consistent with the objectives or purposes” of the CZMA, the Secretary must find that:
(1)The proposed activity furthers the national interest as articulated in sections 302 or 303 of the CZMA, in a significant or substantial manner;
(2)the adverse effects of the proposed activity do not outweigh its contribution to the national interest, when those effects are considered separately or cumulatively; and
(3)no reasonable alternative is available that would permit the activity to be conducted in a manner consistent with enforceable policies of Massachusetts' coastal management program. 15 CFR 930.121. To make the determination that the proposed activity is “necessary in the interest of national security,” the Secretary must find that a national defense or other national security interest would be significantly impaired were the proposed activity not permitted to go forward as proposed. 15 CFR 930.122. II. Appeal Documents NOAA intends to provide the public with access to all publicly available materials and related documents comprising the appeal record during business hours, at the NOAA Office of General Counsel for Ocean Services. For additional information about this appeal contact Brett Grosko, 301-713-7384. [Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management Program Assistance.] Dated: September 21, 2007. Joel La Bissonniere, Assistant General Counsel for Ocean Services. [FR Doc. E7-19049 Filed 9-25-07; 8:45 am] BILLING CODE 3510-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC85 Endangered Species; File No. 1614 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that the NOAA Fisheries Northeast Region, Protected Resources Division, One Blackburn Drive, Gloucester, MA 01930, has applied in due form for a permit to take dead shortnose sturgeon for purposes of scientific research and enhancement. DATES: Written, telefaxed, or e-mail comments must be received on or before October 26, 2007. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following office(s): 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; Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298; phone (978)281-9300; fax (978)281-9394; and Southeast Region, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; phone (727)824-5312; fax (727)824-5309. 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. 1614. FOR FURTHER INFORMATION CONTACT: Brandy Hutnak or Jennifer Skidmore, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of 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 proposes to collect, necropsy, sample, and salvage dead shortnose sturgeon ( *Acipenser brevirostrum* ) found beached, sunken, floating etc., or taken legally during other authorized activities, for the purposes of education and scientific research. The purpose of the proposed research is to use the collected sturgeon to support past, ongoing, and anticipated research including, but not limited to, morphology, genetics, histopathology, contaminants, age and growth, food habits, and human impact/anthropogenic mortality. Additionally, this work would help promote the conservation of shortnose sturgeon by enabling educators to receive and maintain parts from deceased sturgeon. The number of fish collected annually would vary, but likely would not exceed 100 per year, unless there was a catastrophic event (e.g. oil spill, fish kill). Carcasses would be collected opportunistically throughout their range (east coast and rivers of the United States in the northeast and southeast regions) for a period of five years. Dated: September 19, 2007. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-18974 Filed 9-25-07; 8:45 am] BILLING CODE 3510-22-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement) September 19, 2007. AGENCY: The Committee for the Implementation of Textile Agreements (CITA). ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA-DR Agreement. EFFECTIVE DATE: September 26, 2007. SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA)has determined that certain two-way stretch woven fabric of polyester, rayon, and elastomeric yarns, as specified below, are not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities. FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles and Apparel, U.S. Department of Commerce,
(202)482 2582. **FOR FURTHER INFORMATION ON-LINE:** http://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf. Reference number: 34.2007.08.20.Fabric.Alston&Birdfor GlenRiverTrading. SUPPLEMENTARYINFORMATION: Authority: Section 203(o)(4) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA-DR Act); the Statement of Administrative Action (SAA), accompanying the CAFTA-DR Act; Presidential Proclamations 7987 (February 28, 2006) and 7996 (March 31, 2006). BACKGROUND: The CAFTA-DR Agreement provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA-DR Agreement have determined are not available in commercial quantities in a timely manner in the territory of any Party. The CAFTA-DR Agreement provides that this list may be modified pursuant to Article 3.25(4)-(5), when the President of the United States determines that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the territory of any Party. See Annex 3.25, Note; see also section 203(o)(4)(C) of the Act. The CAFTA-DR Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential Proclamations 7987 and 7996, the President delegated to CITA the authority under section 203(o)(4) of CAFTA-DR Act for modifying the Annex 3.25 list. On March 21, 2007, CITA published final procedures it would follow in considering requests to modify the Annex 3.25 list (72 FR 13256). On August 20, 2007, the Chairman of CITA received a commercial availability request from Alston & Bird, LLP, on behalf of Glen River Trading, for certain two-way stretch woven fabrics of polyester, rayon, and elastomeric yarns, of the specifications detailed below. On August 22, 2007, CITA notified interested parties of, and posted on its website, the accepted petition and requested that interested entities provide, by September 4, 2007, a response advising of its objection to the commercial availability request or its ability to supply the subject product. CITA also explained that rebuttals to responses were due to CITA by September 10, 2007. No interested entity filed a response advising of its objection to the request or its ability to supply the subject product. In accordance with Section 203(o)(4)(C) of the CAFTA-DR Act, and its procedures, as no interested entity submitted a response objecting to the request or expressing an ability to supply the subject product, CITA has determined to add the specified fabrics to the list in Annex 3.25 of the CAFTA-DR Agreement. The subject fabrics are added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities. Woven fabric specifications: HTS Subheading: 5515.11.00 Fiber content: 50 to 77 percent polyester (except for fabrics comprising single yarns in the warp, the polyester content may be higher); 18 to 47 percent rayon; 3 to 8 percent spandex Staple length: 4.44 to 6.99 centimeters Yarns (three configurations): Configuration #1: Warp and filling: plied polyester/rayon staple of various yarn sizes, combined with spandex filament of various deniers. Configuration #2: Warp and filling: 34/1 metric or finer* polyester/rayon staple yarn, combined with spandex filament yarn of various deniers. Configuration #3: Warp: 34/1 metric or finer* polyester/rayon staple, or plied polyester/rayon staple of various yarn sizes, combined with spandex filament of various deniers. Filling: singles or plied polyester filament of various yarn sizes, combined with spandex filament of various deniers. * NOTE: The designation “34/1 (English 20/1) or finer” describes a range of yarn specifications for yarn it its greige condition before dyeing and finishing of the yarn (if applicable) and before weaving, dyeing and finishing of the fabric. It is intended as a specification to be followed by the mill in sourcing yarn used to produce the fabric. Dyeing, finishing and weaving can alter the characteristic of the yarn as it appears in the finished fabric. This specification therefore includes yarns appearing in the finished fabric as coarser than 34/1 (English 20/1) provided that the coarser appearance occurs solely as the result of such processes. Thread count: 23 to 51 warp ends by 16 to 39 filling picks per centimeter Weave type: Various (including plain and twill) Weight: 200 to 290 grams per square meter for fabrics comprising of single yarns in the warp 200 to 310 grams per square meter for fabrics comprising of plied yarns in the warp Width: 121 to 165 centimeters Finish: Dyed and of yarns of different colors R. Matthew Priest, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E7-18986 Filed 9-25-07; 8:45 am] BILLING CODE 3510-DS CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), has submitted a public information collection request
(ICR)entitled Demographic Reporting Elements to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995, Pub. L. 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Ms. Amy Borgstrom at
(202)606-6930. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call
(202)565-2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday. ADDRESSES: Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in this **Federal Register** :
(1)By fax to:
(202)395-6974, Attention: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service; and
(2)Electronically by e-mail to: *Katherine_T._Astrich@omb.eop.gov* . SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • 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; • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and • Propose ways to 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 submissions of responses. Comments A 60-day public comment Notice was published in the **Federal Register** on Wednesday, July 18, 2007. This comment period ended September 17, 2007. Four public comments were received from this Notice. Two commenters asked whether they would have to retain non-selected member applications. Two commenters requested clarification of the following terms: “disaster response certification,” “mentors,” “disaster preparedness and response,” and “children of incarcerated parents.” Grantees will not be required to retain non-selected member applications. Clarification will be provided to commenters and other stakeholders in the form of a Frequently Asked Question document that will be widely distributed, and posted on the Corporation Web site soon after this information collection is reviewed by OMB. *Description:* The Corporation is seeking approval of the attached Demographic Elements for Reporting which will be used by grantees of the Corporation's AmeriCorps State and National in their annual reporting. The Demographic Reporting Elements will provide information for Corporation staff to monitor grantee progress, and to respond to requests from Congress and other stakeholders. *Type of Review:* New Information Collection. *Agency:* Corporation for National and Community Service. *Title:* Demographic Reporting Elements. *OMB Number:* None. *Agency Number:* None. *Affected Public:* Grantees of AmeriCorps State and National programs. *Total Respondents:* 154. *Frequency:* Annually. *Average Time per Response:* 5 hours. *Estimated Total Burden Hours:* 770 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. Dated: September 19, 2007. Kristin McSwain, Director, AmeriCorps State and National. [FR Doc. E7-18903 Filed 9-25-07; 8:45 am] BILLING CODE 6050-$$-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [OMB Control Number 0704-0386] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Small Business Programs AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Notice and request for comments regarding a proposed extension of an approved information collection requirement. SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility;
(b)the accuracy of the estimate of the burden of the proposed information collection;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget
(OMB)has approved this information collection requirement for use through March 31, 2008. DoD proposes that OMB extend its approval for use for three additional years. DATES: DoD will consider all comments received by November 26, 2007. ADDRESSES: You may submit comments, identified by OMB Control Number 0704-0386, using any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: dfars@osd.mil.* Include OMB Control Number 0704-0386 in the subject line of the message. • *Fax:* 703-602-7887. • *Mail:* Defense Acquisition Regulations System, Attn: Ms. Deborah Tronic, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. • *Hand Delivery/Courier:* Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Comments received generally will be posted without change to *http://www.regulations.gov,* including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, 703-602-0289. The information collection requirements addressed in this notice are available on the World Wide Web at: *http://www.acq.osd.mil/dpap/dars/dfars/index.htm.* Paper copies are available from Ms. Deborah Tronic, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. SUPPLEMENTARY INFORMATION: *Title and OMB Number:* Defense Federal Acquisition Regulation Supplement (DFARS) Part 219, Small Business Programs, and the clause at DFARS 252.219-7003; OMB Control Number 0704-0386. *Needs and Uses:* DoD uses this information in assessing contractor compliance with small business subcontracting plans. *Affected Public:* Businesses or other for-profit and not-for-profit institutions. *Annual Burden Hours:* 41. *Number of Respondents:* 41. *Responses per Respondent:* 1. *Annual Responses:* 41. *Average Burden per Response:* 1 hour. *Frequency:* On occasion. Summary of Information Collection DFARS 219.704 and the clause at DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), require large business prime contractors to notify the administrative contracting officer when a firm that is not a small business is substituted for a small business that is specifically identified in a subcontracting plan. Notifications must be in writing and may be submitted in a contractor-specified format. Michele P. Peterson, Editor, Defense Acquisition Regulations System. [FR Doc. E7-19002 Filed 9-25-07; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The Acting Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before October 26, 2007. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Acting Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: September 20, 2007. Delores J. Barber, Acting Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of Management. Federal Student Aid *Type of Review:* Extension. *Title:* Lender's Request for Payment of Interest and Special Allowance—LaRS. *Frequency:* Quarterly; Annually. *Affected Public:* Business or other for-profits; Not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* * Responses:* 12,800. * Burden Hours:* 31,200. *Abstract:* The Lender's Request for Payment of Interest and Special Allowance—LaRS (ED Form 799) is used by approximately 3,546 lenders participating in the Title IV, PART B loan programs. The ED Form 799 is used to pay interest and special allowance to holders of the Part B loans; and to capture quarterly data from lender's loan portfolio for financial and budgetary projections. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3416. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E7-18977 Filed 9-25-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-157-022, ER04-714-012, EL05-89-002] Bangor Hydro-Electric Company; Florida Power & Light Company; New England Transmission Owners; Errata Notice Extending Comment Date September 19, 2007. On September 18, 2007, the Commission issued a notice in the above-captioned proceeding. Combined Notice Of Filings # 1, September 18, 2007. The comment date on the notice read “Monday, September 17, 2007.” This errata notice extends the comment due date to Wednesday, September 26, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-18907 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EF07-2021-000] United States Department of Energy-Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments Issued September 20, 2007. Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff 1. In this order, we approve the Bonneville Power Administration's (Bonneville) proposed 2008 Transmission and Ancillary Services (2008 Transmission) rates on an interim basis, pending our full review. We also provide an additional period of time for the parties to file comments. Background 2. On May 22, 2007, Bonneville, in accordance with the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act), 1 and Subpart B of Part 300 of the Commission's regulations, 2 filed with the Commission its proposed 2008 Transmission rates. 3 Bonneville also seeks a finding by the Commission that the proposed 2008 Transmission rates associated with service provided under its open access transmission tariff
(OATT)4 satisfy the Commission's comparability standards applicable to non-public utilities pursuant to the reciprocity conditions of Order No. 888. 5 Bonneville states that the governing statute and case law do not provide the Commission latitude to review these rates in the same manner as the Federal Power Act
(FPA)6 provides for public utilities. Rather, according to Bonneville, if it has satisfied the standards of the Northwest Power Act, 7 the Commission is required to confirm and approve these rates. 8 1 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000). 2 18 CFR part 300 (2007). 3 The proposed transmission rate schedules for which Bonneville seeks approval for the two year period ending September 30, 2009 include: FPT-08.1 (Formula Power Transmission); FPT-08.3 (Formula Power Transmission); IR-08 (Integration of Resources); NT-08 (Network Integration); PTP-08 (Point-to-Point Firm Transmission); IS-08 (Southern Intertie Transmission); IM-08 (Montana Intertie Transmission); UFT-08 (Use-of-Facilities Transmission); AF-08 (Advance Funding); TGT-08 (Townsend-Garrison Transmission); IE-08 (Eastern Intertie); ACS-08 (Ancillary Services and Control Areas Services); and GRSPs (General Rate Schedule Provisions for Transmission and Ancillary Services). 4 The proposed rate schedules associated with Bonneville's OATT are: Network Integration (NT-08), Point-to-Point (PTP-08), Southern Intertie (IS-08), Montana Intertie (IM-08), Use-Of-Facilities (UFT-08), Advance Funding (AF-08), Ancillary Services (ACS-08), and GRSPs. 5 *See Promoting Wholesale Competition Through Open Access Non-discriminatory Transmission Services by Public Utilities and Recovery of Stranded Costs by Public Utilities and Transmitting Utilities,* Order No. 888, FERC Stats. & Regs. ¶ 31,036 (1996), *order on reh'g,* Order No. 888-A, FERC Stats. & Regs. ¶ 31,048 (1997), *order on reh'g,* Order No. 888-B, 81 FERC ¶ 61,248 (1997), *order on reh'g,* Order No. 888-C, 82 FERC ¶ 61,046 (1998), *aff'd in relevant part sub nom. Transmission Access Policy Study Group* v. *FERC,* 225 F.3d 667 (D.C. Cir. 2000), *aff'd sub nom. New York* v. *FERC,* 535 U.S. 1 (2002). 6 16 U.S.C. 824 *et seq.* (2000). Bonneville also must comply with the financial, accounting, and ratemaking requirements in Department of Energy Order No. RA 6120.2. 7 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000). 8 *Central Lincoln Peoples' Utility District* v. *Johnson,* 735 F.2d 1101, 1110 (9th Cir. 1984) (holding that the Northwest Power Act “remove[s] FERC from actual ratemaking * * * and limit[s] FERC's role to financial oversight of the regional rates”). 3. Notice of Bonneville's filing was published in the **Federal Register** , with protests and interventions due on or before June 21, 2007. 9 Timely motions to intervene were filed by Avista Corporation, PacifiCorp, Portland General Electric Company, Idaho Power Company, Industrial Customers of Northwest Utilities, Powerex Corp., Public Power Council, and Puget Sound Energy, Inc., raising no substantive issues. 9 72 FR 32,633 (2007). 4. In addition, the Electric Power Supply Association
(EPSA)and the Northwest and Intermountain Power Producers Coalition (NIPPC) filed a joint motion to intervene and protest. LS Power Associates, L.P. (LS Power) filed a timely motion to intervene and protest. EPSA, NIPPC and LS Power challenge Bonneville's plan to no longer compensate unaffiliated generators within its control area for generation-supplied reactive power service, as unduly discriminatory and in violation of Commission policy. Bonneville filed an answer in response to the protests. Discussion Procedural Matters 5. Pursuant to Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2007), the timely, unopposed motions to intervene serve to make the entities that filed them parties to this proceeding. Rule 213(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.213(a)(2) (2007), prohibits an answer to a protest unless otherwise ordered by the decisional authority. We will accept Bonneville's answer because it has provided information that assisted us in our decision-making process. Standard of Review 6. Under the Northwest Power Act, the Commission's review of Bonneville's transmission rates is limited to determining whether Bonneville's proposed rates meet the three specific requirements of section 7(a)(2):
(A)They must be sufficient to assure repayment of the Federal investment in the Federal Columbia River Power System over a reasonable number of years after first meeting the Administrator's other costs;
(B)They must be based upon the Administrator's total system costs; and
(C)Insofar as transmission rates are concerned, they must equitably allocate the costs of the Federal transmission system between Federal and non-Federal power. 10 10 *See* 16 U.S.C. 839e(a)(2) (2000). 7. Unlike the Commission's statutory authority under the FPA, the Commission's authority under section 7(a)(2) of the Northwest Power Act does not include the power to modify the rates. The responsibility for developing rates in the first instance is vested with Bonneville's Administrator. The rates are then submitted to the Commission for approval or disapproval. In this regard, the Commission's role can be viewed as an appellate one: To affirm or remand the rates submitted to it for review. 11 11 *See United States Department of Energy— Bonneville Power Administration,* 67 FERC ¶ 61,351 at 62,216-17 (1994); *see also, e.g., Aluminum Company of America* v. *Bonneville Power Administration,* 903 F.2d 585, 592-93 (9th Cir. 1989). 8. Moreover, review at this interim stage is further limited. In view of the volume and complexity of a Bonneville rate application, such as the one now before the Commission in this filing, and the limited period in advance of the requested effective date in which to review the application, 12 the Commission generally defers resolution of issues on the merits until an order on final confirmation and approval. Thus, proposed rates, if not patently deficient, generally are approved on an interim basis and the parties are afforded an additional opportunity in which to raise issues with regard to Bonneville's filing. 13 12 *See* 18 CFR 300.10(a)(3)(ii) (2007). 13 *See, e.g., United States Department of Energy—Bonneville Power Administration,* 64 FERC ¶ 61,375 at 63,606 (1993); *United States Department of Energy—Bonneville Power Administration,* 40 FERC ¶ 61,351 at 62,059-60 (1987). Interim Approval 9. The Commission declines at this time to grant final confirmation and approval of Bonneville's proposed 2008 Transmission rates. The Commission's preliminary review nevertheless indicates that Bonneville's 2008 Transmission rates appear to meet the statutory standards and the minimum threshold filing requirements of Part 300 of the Commission's regulations. 14 Moreover, the Commission's preliminary review of Bonneville's submittal indicates that it does not contain any patent deficiencies. The proposed rates, therefore, will be approved on an interim basis pending our full review for final approval. We note, as well, that no one will be harmed by this decision because interim approval allows Bonneville's rates to go into effect subject to refund with interest; the Commission may order refunds with interest if the Commission later determines in its final decision not to approve the rates. 15 The Commission will address concerns raised by protesters in the final decision. 14 *See, e.g., United States Department of Energy—Bonneville Power Administration,* 105 FERC ¶ 61,006 at P 13-14 (2003); *United States Department of Energy—Bonneville Power Administration,* 96 FERC ¶ 61,360 at 62,358 (2001). 15 18 CFR 300.20(c) (2007). 10. In addition, we will provide an additional period of time for parties to file comments and reply comments on issues related to final confirmation and approval of Bonneville's 2008 Transmission rates. This will ensure that the record in this proceeding is complete and fully developed. *The Commission Orders:*
(A)Interim approval of Bonneville's proposed 2008 Transmission rates is hereby granted, to become effective on October 1, 2007, subject to refund with interest as set forth in section 300.20(c) of the Commission's regulations, 18 CFR 300.20(c) (2007), pending final action and either approval or disapproval.
(B)Within thirty
(30)days of the date of this order, parties who wish to do so may file additional comments regarding final confirmation and approval of Bonneville's proposed rates. Parties who wish to do so may file reply comments within twenty
(20)days thereafter.
(C)The Secretary shall promptly publish this order in the **Federal Register** . By the Commission. Nathaniel J. Davis, Sr., Acting Deputy Secretary. [FR Doc. E7-18929 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL07-97-000; QF99-95-002; QF07-129-001] Chugach Electric Association, Inc.; Tiqun Energy, Inc.; Tiqun Energy, Inc.; Notice of Filing September 19, 2007. Take notice that on September 12, 2007, Chugach Electric Association, Inc. (Chugach), filed a Petition for Declaratory Order and Motion for Revocation seeking the revocation of the qualifying facility
(QF)status of two QFs self-certified by Tiqun Energy, Inc. (Tiqun). The two QFs, neither of which has been built, are the Knik Arm Power Plant (KAPP), which was self-recertified by Tiqun in Docket No. QF99-95-001, and the Pioneer Energy Project, which was self-certified by Tiqun in Docket No. QF07-129-000. Chugach claims that neither the KAPP facility nor the Pioneer facility meet the criteria for QF status, and thus the Commission should issue an order revoking their QF status. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on October 12, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-18908 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP06-5-007] Empire Pipeline Inc.; Notice of Application September 20, 2007. Take notice that on September 14, 2007, Empire Pipeline, Inc. (EPI), 6363 Main Street, Williamsville, New York 14221, filed in Docket No. CP06-5-007, an application under section 7 of the Natural Gas Act (NGA), to amend its certificate of public convenience and necessity issued by the Commission on December 21, 2006. EPI requests authorization to proceed with transactions necessary for EPI to receive local real property tax and New York State sales and use tax exemptions with respect to the pipeline, compression and appurtenant facilities that have been authorized by the Commission. The transactions consist of the transfer of a leasehold interest in such facilities to the respective Industrial Development Agency
(IDA)of the Counties of Genesee, Ontario, Yates, Schuyler, Chemung and Steuben Counties, New York where the facilities will be located. EPI will retain operational control of, and responsibility for, the facilities. EPI asserts that the transaction will have no affect on the natural gas transportation service that it will provide to its customers. Upon termination of the leases, EPI will reacquire its full ownership interest in the facilities. The application is on file with the Commission and open to public inspection. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, call
(202)502-8659 or TTY,
(202)208-3676. Any questions regarding this petition should be directed to Antoinetta Mucilli, Senior Attorney for Empire Pipeline, Inc., 6363 Main Street, Williamsville, NY 14221, at
(716)857-7067. Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment
(EA)and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement
(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* October 4, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-18985 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. TS04-286-003] Exelon Corporation; Notice of Filing September 19, 2007. Take notice that on September 12, 2007, Exelon Corporation, on behalf of its subsidiary, Commonwealth energy Company, filed a request for limited expansion of scope of an existing Standards of Conduct waiver relating to provider-of-last resort service as a result of new legislation by the State of Illinois. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on October 12, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-18905 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL07-101-000; ER05-6-100;. EL04-135-003; EL02-111-120; EL02-111-120; EL03-212-116] American Electric Power Service Corporation v. Midwest Independent Transmission System Operator, Inc., and PJM Interconnection, L.L.C.; Midwest Independent Transmission System Operator, Inc.; Midwest Independent Transmission System Operator, Inc., PJM Interconnection, L.L.C., et al. ; Midwest Independent Transmission System Operator, Inc., PJM Interconnection, L.L.C., et al. ; Ameren Services Company, et al. ; Notice of Complaint September 19, 2007. Take notice that on September 17, 2007, American Electric Power Service Corporation on behalf of Appalachian Power Company, Columbus Southern Power Company, Indiana Michigan Power Company, Kentucky Power Company, Kingsport Power Company, Ohio Power Company and Wheeling Power Company (collectively, AEP), pursuant to Rule 206 of the Rules of Practice and Procedure and sections 206 and 306 of the Federal Power Act, filed a Complaint and Motion to Consolidate against Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and PJM Interconnection, L.L.C. (PJM), alleging that the rate designs underlying their open access transmission tariffs are unjust, unreasonable, and unduly discriminatory and therefore must be revised. AEP requests that the Commission establish a refund-effective date of October 1, 2007, with respect to the necessary revisions. AEP states that copies of the Complaint were served upon the contacts for Midwest ISO and PJM as listed on the Commission's list of Corporate Officials. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible online at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on October 9, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-18910 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL07-102-000] Montgomery Great Falls Energy Partners LP, Complainant v. NorthWestern Corporation, d/b/a NorthWestern Energy, Respondent; Notice of Complaint September 19, 2007. Take notice that on September 17, 2007, Montgomery Great Falls Energy Partners LP (Montgomery Great Falls) filed a Complaint against NorthWestern Corporation, d/b/a NorthWestern Energy (NorthWestern) requesting that the Commission issue an order granting relief for the failure of NorthWestern to adhere to the tariff standards with regard to the management of its generator interconnection queue. Montgomery Great Falls certifies that copies of the complaint were served on the contacts for NorthWestern as listed on the Commission's list of Corporate Officials. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible online at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on October 9, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-18909 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12470-001] City of Broken Bow, Oklahoma; Notice Soliciting Comments and Final Terms and Conditions, Recommendations, and Prescriptions September 19, 2007. Take notice that the following hydroelectric application and applicant-prepared environmental assessment have been filed with the Commission and are available for public inspection. a. *Type of Application:* Original Major License. b. *Project No.:* 12470-001. c. *Date filed:* July 26, 2006. d. *Applicant:* City of Broken Bow, Oklahoma. e. *Name of Project:* Broken Bow Re-Regulation Dam Hydropower Project. f. *Location:* On the Mountain Fork River in McCurtain County, Oklahoma. The project would be located at the United States Army Corps of Engineers' (Corps) Broken Bow Re-Regulation Dam and would occupy lands administered by the Corps. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)—825(r). h. Applicant Contact: Olen Hill, City Manager, City of Broken Bow, Oklahoma, 210 North Broadway, Broken Bow, Oklahoma 74728;
(405)584-2282. i. *FERC Contact:* Peter Leitzke at
(202)502-6059, or *peter.leitzke@ferc.gov* . j. *Deadline for filing comments, and final terms and conditions, recommendations, and prescriptions:* 60 days from the issuance of this notice. All reply comments must be filed with the Commission within 105 days from the date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, terms and conditions, recommendations, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted. l. The proposed run-of-river project, using the Corps' existing Broken Bow Re-Regulation Dam and Reservoir, would consist of:
(1)Three 93.5-foot-long penstocks through the eastern portion of the re-regulation dam;
(2)a 112-foot-wide by 129-foot-long powerhouse containing three turbine-generator units, having a total installed capacity of 4 megawatts;
(3)a 170-foot-long tailrace that would return flows to the Mountain Fork River;
(4)a 1,891-foot-long, 13.8-kilovolt transmission line; and
(5)appurtenant facilities. The project would have an average annual generation of 17,500 megawatt-hours. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. All filings must:
(1)Bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS”, “TERMS AND CONDITIONS”, or “PRESCRIPTIONS”;
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions, or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at *http://www.ferc.gov.esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. *Procedural Schedule:* The Commission staff proposes to issue a single Environmental Assessment
(EA)rather than issuing a draft and final EA. Staff intends to allow at least 30 days for entities to comment on the EA. The Commission will take into consideration all comments received on the EA before taking final action on the license application. The application will be processed according to the following schedule, but revisions to the schedule may be made as appropriate: *Issue Notice of availability of the EA:* March 2008. o. A license applicant must file no later than 60 days following the date of issuance of this notice:
(1)A copy of the water quality certification;
(2)a copy of the request for certification, including proof of the date on which the certifying agency received the request; or
(3)evidence of waiver of water quality certification. Kimberly D. Bose, Secretary. [FR Doc. E7-18906 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-42-000] Southern Natural Gas Company; Notice of Technical Conference September 20, 2007. The Federal Energy Regulatory Commission's (Commission or FERC) September 27, 2006 Order in the above-captioned proceeding, 1 directed Southern Natural Gas Company (Southern) to file revised tariff sheets addressing the requirements of the Commission's Policy Statement issued in Docket No. PL04-3-000 concerning liquefiable hydrocarbon gas quality specifications, and directed that a technical conference be held to address issued raised by that filing. Southern filed *pro forma* tariff sheets on August 15, 2007. 1 Southern Natural Gas Company, 116 FERC ¶ 61,295 (2006). Take notice that a technical conference will be held on Monday, October 15, 2007, at 10 a.m. (EST), in a room to be designated at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free
(866)208-3372 (voice) or 202-502-8659 (TTY), or send a fax to 202-208-2106 with the required accommodations. All interested parties and staff are permitted to attend. For further information please contact Jacob Silverman at
(202)502-8445 or e-mail *Jacob Silverman@ferc.gov* . Kimberly D. Bose, Secretary. [FR Doc. E7-18984 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 September 21, 2007. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP00-404-020. RP07-330-002. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Company submits Substitute Third Revised Sheet 260A *et al.* to FERC Gas Tariff, Fifth Revised Volume 1. *Filed Date:* 09/17/2007. *Accession Number:* 20070918-0100. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP99-301-167. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Company submits Rate Schedule FTS-1 negotiated rate agreement with Peoples Energy Wholesale Marketing, LLC, to be effective 11/1/07. *Filed Date:* 09/18/2007. *Accession Number:* 20070919-0056. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP99-301-168. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Co submits an amendment to Rate Schedule ETS negotiated rate agreement with Wisconsin Electric Power Co. *Filed Date:* 09/18/2007. *Accession Number:* 20070919-0055. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP99-301-169. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Co submits an amendment to Rate Schedule ETS negotiated rate agreement with Wisconsin Gas, LLC under RP99-301. *Filed Date:* 09/18/2007. *Accession Number:* 20070919-0054. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP99-301-170. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Co submits an amendment to Rate Schedule FTS-3 negotiated rate agreement with Wisconsin Power & Light Co. *Filed Date:* 09/18/2007. *Accession Number:* 20070919-0053. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP99-301-171. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Co submits Rate Schedule FTS-3 negotiated rate service agreement with Wisconsin Power & Light Co. *Filed Date:* 09/18/2007. *Accession Number:* 20070919-0052. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP07-699-000. *Applicants:* Wyoming Interstate Company, Ltd. *Description:* Wyoming Interstate Company, Ltd submits Twelfth Revised Sheet 37A *et al.* to FERC Gas Tariff, Second Revised Volume 2, to become effective 11/1/07. *Filed Date:* 09/19/2007. *Accession Number:* 20070919-0072. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP07-700-000. *Applicants:* CenterPoint Energy Gas Transmission Comp. *Description:* CenterPoint Energy Gas Transmission Company submits Thirteenth Revised Sheet 17 *et al.* to FERC Gas Tariff, Sixth Revised Volume 1, to be effective 11/1/07. *Filed Date:* 09/19/2007. *Accession Number:* 20070919-0073. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. *Docket Numbers:* RP07-701-000. *Applicants:* OkTex Pipeline Company. *Description:* OkTex Pipeline Company submits revised FERC Gas Tariff Sheet 5, 5A, 5B, and 5C reflecting a change to its Annual Charge Adjustment surcharge from $0.0016 to $0.0019 for the period 10/1/07 through 9/30/08. *Filed Date:* 09/19/2007. *Accession Number:* 20070920-0146. *Comment Date:* 5 p.m. Eastern Time on Monday, October 01, 2007. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Acting Deputy Secretary. [FR Doc. E7-18941 Filed 9-25-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Southwestern Power Administration Sam Rayburn Dam Power Rate Schedule AGENCY: Southwestern Power Administration, DOE. ACTION: Notice of Rate Order. SUMMARY: Pursuant to Delegation Order Nos. 00-037.00, effective December 6, 2001, and 00-001.00C, effective January 31, 2007, the Deputy Secretary of Energy has approved and placed into effect on an interim basis Rate Order No. SWPA-58, which increases the power rate for the Sam Rayburn Dam (Rayburn) pursuant to the following Sam Rayburn Dam Rate Schedule: Rate Schedule SRD-07, Wholesale Rates for Hydropower and Energy Sold to Sam Rayburn Dam Electric Cooperative, Inc., (Contract No. DE-PM75-92SW00215). DATES: The effective period for the rate schedule specified in Rate Order No. SWPA-58 is October 1, 2007, through September 30, 2011. FOR FURTHER INFORMATION CONTACT: Mr. James K. McDonald, Assistant Administrator, Office of Corporate Operations, Southwestern Power Administration, Department of Energy, One West Third Street, Tulsa, Oklahoma 74103,
(918)595-6690, *jim.mcdonald@swpa.gov.* SUPPLEMENTARY INFORMATION: The existing hydroelectric power rate for Rayburn is $2,816,064 per year. The Federal Energy Regulatory Commission approved this rate on a final basis on June 15, 2006, for the period January 1, 2006, through September 30, 2009. The 2007 Rayburn Power Repayment Studies indicates the need for an increase in the annual rate by $640,632 or 22.8 percent beginning October 1, 2007. The Administrator, Southwestern Power Administration (Southwestern) has followed Title 10, Part 903 Subpart A, of the Code of Federal Regulations, “Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions” in connection with the proposed rate schedule. On May 23, 2007, Southwestern published notice in the **Federal Register** (72 FR 28963) of a 90-day comment period, together with a Public Information and Comment Forum, to provide an opportunity for customers and other interested members of the public to review and comment on a proposed rate increase for Rayburn. The public forum was canceled when no one expressed an intention to participate. Written comments were accepted through August 21, 2007. One comment was received from Gillis & Angley, LLP, Counsellors at Law, on behalf of Sam Rayburn Municipal Power Authority, the Vinton Public Power Authority, and the Sam Rayburn Dam Electric Cooperative, which stated that they had no objection to the proposed rate adjustment. Information regarding this rate proposal, including studies and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, One West Third Street, Tulsa, Oklahoma 74103. Following review of Southwestern's proposal within the Department of Energy, I approved Rate Order No. SWPA-58, on an interim basis, which increases the existing Rayburn rate to $3,456,696, per year, for the period October 1, 2007, through September 30, 2011. Dated: September 13, 2007. Clay Sell, Deputy Secretary of Energy. United States of America, Department of Energy, Deputy Secretary of Energy [Rate Order No. SWPA-58] In the Matter of: Southwestern Power Administration; Sam Rayburn Dam Project Rate; Order Confirming, Approving and Placing Increased Power Rate Schedule in Effect on an Interim Basis Pursuant to sections 302(a) and 301(b) of the Department of Energy Organization Act, Public Law 95-91, the functions of the Secretary of the Interior and the Federal Power Commission under section 5 of the Flood Control Act of 1944, 16 U.S.C. 825s, relating to the Southwestern Power Administration (Southwestern) were transferred to and vested in the Secretary of Energy. By Delegation Order No. 0204-108, effective December 14, 1983, the Secretary of Energy delegated to the Administrator of Southwestern the authority to develop power and transmission rates, delegated to the Deputy Secretary of Energy the authority to confirm, approve, and place in effect such rates on an interim basis, and delegated to the Federal Energy Regulatory Commission
(FERC)the authority to confirm and approve and place in to effect on a final basis or to disapprove rates developed by the Administrator under the delegation. Delegation Order No. 0204-108, as amended, was rescinded and subsequently replaced by Delegation Orders 00-037.00 (December 6, 2001) and 00-001-00C (January 31, 2007). The Deputy Secretary of Energy issued this rate order pursuant to said delegations. Background The Sam Rayburn Dam (Rayburn) is located on the Angelina River in the State of Texas in the Neches River Basin. Since the beginning of its operation in 1965, it has been marketed as an isolated project, under contract with Sam Rayburn Dam Electric Cooperative, Inc. (SRDEC) (Contract No. DE-PM75-92SW00215). SRDEC is comprised of two separate entities, the Sam Rayburn G&T, and the Sam Rayburn Municipal Power Agency. On June 15, 2006, in Docket No. EF06-4021-000, FERC confirmed and approved the current annual Rayburn rate of $2,816,064 for the period January 1, 2006, through September 30, 2009. Discussion Southwestern's 2007 Current Power Repayment Study
(PRS)indicates that the existing annual power rate of $2,816,064 does not meet cost recovery criteria. The increased revenue requirement is due to an increase in the U.S. Army Corps of Engineers projected future replacement investment. The Revised PRS indicates that an increase in annual revenues of $640,632 beginning October 1, 2007, is sufficient to accomplish repayment of the Federal investment in the required number of years. Accordingly, Southwestern developed a proposed rate schedule based on that increased revenue requirement. Title 10, Part 903, Subpart A of the Code of Federal Regulations, “Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions,” has been followed in connection with the proposed rate adjustment. More specifically, opportunities for public review and comment during a 90-day period on the proposed Rayburn power rate were announced by a **Federal Register** (72 FR 28963) notice published on May 23, 2007. A Public Information and Comment Forum was scheduled to be held June 27, 2007, in Tulsa, Oklahoma. The forum was canceled as no one expressed an intention to participate. Written comments were due by August 21, 2007. Southwestern provided the **Federal Register** notice, together with requested supporting data, to the customer and interested parties for review and comment during the formal period of public participation. In addition, prior to the formal 90-day public participation process, Southwestern discussed with the customer representatives the preliminary information on the proposed rate adjustment. Only one formal comment was received from Gillis & Angley, LLP, Counsellors at Law, on behalf of Sam Rayburn Municipal Power Agency, Vinton Public Power Authority, and the Sam Rayburn Dam Electric Cooperative, Inc., which stated that they had no objection to the proposed rate adjustment. Upon conclusion of the comment period in August 2007, Southwestern finalized the PRS and rate schedule for the proposed annual rate of $3,456,696, which is the lowest possible rate needed to satisfy repayment criteria. This rate represents an annual increase of 22.8 percent. Availability of Information Information regarding this rate increase, including studies and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, One West Third Street, Tulsa, Oklahoma 74103. Comments and Responses Southwestern received one written comment in which the customer representative expressed no objection to the proposed rate adjustment. Other Issues There were no other issues raised during the informal period or during the formal public participation period. Administrator's Certification The 2007 Revised Rayburn PRS indicates that the annual power rate of $3,456,696 will repay all costs of the project, including amortization of the power investment consistent with provisions of the DOE Order RA 6120.2. In accordance with Delegation Order Nos. 00-037.00 (December 6, 2001) and 00-001.00C (January 31, 2007), and section 5 of the Flood Control Act of 1944, the Administrator has determined that the proposed Rayburn power rate is consistent with applicable law and the lowest possible rate consistent with sound business principles. Environment The environmental impact of the rate increase proposal was evaluated in consideration of DOE's guidelines for implementing the procedural provisions of the National Environmental Policy Act, (10 CFR Part 1021, Subpart D, App. B4.3), and was determined to fall within the class of actions that are categorically excluded from the requirements of preparing either an Environmental Impact Statement or an Environmental Assessment. Order In view of the foregoing and pursuant to the authority delegated to me, I hereby confirm, approve and place in effect on an interim basis, for the period October 1, 2007, through September 30, 2011, the annual Sam Rayburn Dam rate of $3,456,696 for the sale of power and energy from Sam Rayburn Dam to the Sam Rayburn Dam Electric Cooperative, Inc., under Contract No. DE-PM75-92SW00215, dated October 7, 1992. This rate shall remain in effect on an interim basis through September 30, 2011, or until the FERC confirms and approves the rate on a final basis. Dated: September 13, 2007. Clay Sell, *Deputy Secretary of Energy.* United States Department of Energy; Southwestern Power Administration [Rate Schedule SRD-07] * Supersedes Rate Schedule SRD-05. Wholesale Rates for Hydro Power and Energy Sold to Sam Rayburn Dam Electric Cooperative, Inc. (Contract No. DE-PM75-92SW00215) Effective During the period October 1, 2007, through September 30, 2011, in accordance with Rate Order No. 58, issued by the Deputy Secretary of Energy on September 13, 2007. Applicable To the power and energy purchased by Sam Rayburn Dam Electric Cooperative, Inc. (SRDEC) from the Southwestern Power Administration (Southwestern) under the terms and conditions of the Power Sales Contract dated October 7, 1992, for the sale of all Hydro Power and Energy generated at the Sam Rayburn Dam. Character and Conditions of Service Three-phase alternating current, delivered at approximately 60 hertz, at the nominal voltage and point of delivery, and in such quantities as provided by contract. Monthly Rates SRDEC shall compensate Southwestern for Sam Rayburn Dam Hydro Power and Energy purchased by SRDEC, in the amount of $288,058 per month ($3,456,696 per year). The preceding rate shall be applicable regardless of the quantity of Hydro Power and Energy available or delivered to SRDEC; *provided, however,* that if an “Uncontrollable Force” prevents utilization of both of the project's power generating units for an entire billing period, and if during such billing period water releases were being made which otherwise would have been used to generate Hydro Power and Energy, then Southwestern shall, upon request by SRDEC, suspend billing for subsequent billing periods, until such time as at least one of the project's generating units is again available. [FR Doc. E7-18950 Filed 9-25-07; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2004-0058 and EPA-HQ-OAR-2007-0904; FRL-8473-6] Agency Information Collection Activities: Proposed Collections; Request for Comment on Two Proposed Information Collection Requests
(ICRs)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 two existing approved Information Collection Requests
(ICRs)to the Office of Management and Budget (OMB). These ICRs are schedule to expire January 31, 2008. Before submitting these ICRs 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 November 26, 2007. ADDRESSES: Submit your comments, identified by the Docket ID numbers provided for each item in the text, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *a-and-r-Docket@epa.gov* • Fax:
(202)566-9744 • Mail: Air Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: Docket Center, (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to the Docket ID Numbers identified for each item in the text. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Nydia Yanira Reyes-Morales, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Mail Code 6403J, Washington, DC 20460; telephone number: 202-343-9264; fax number: 202-343-2804; e-mail address: *reyes-morales.nydia@epa.gov.* SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for each of the ICRs identified in this document (see the Docket ID numbers for each ICR that are provided in the text), which is available for online viewing at *www.regulations.gov,* or in person viewing at the Air 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 Air Docket is 202-566-1742. Use *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 Activities or ICRs Does This Apply to? Docket ID Number: EPA-HQ-OAR-2007-0904 *Affected entities:* Entities potentially affected by these actions are manufacturers of marine spark-ignition engines. *Title:* Emission Certification and Compliance Requirements for Marine Spark-ignition Engines. *ICR numbers:* EPA ICR No. 1722.05, OMB Control No. 2060-0321. *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:* Under Title II of the Clean Air Act (42 U.S.C. 7521 *et seq.* ; CAA), EPA is charged with issuing certificates of conformity for certain spark-ignition
(SI)engines used to propel marine vessels that comply with applicable emission standards. Such a certificate must be issued before engines may be legally introduced into commerce. To apply for a certificate of conformity, manufacturers are required to submit descriptions of their planned production line, including descriptions of the emission control system, and engine emission test data. This information is organized by “engine family.” An engine family is a group of engines expected to have similar emission characteristics. There are also record-keeping requirements. Under the regulations governing marine SI engines, manufacturers must use the Averaging, Banking and Trading Program
(ABT)and must submit information regarding the calculation, actual generation and usage of emission credits in a certification application, an end-of-the-year report, and final report. These reports are used for certification and enforcement purposes. The Act also mandates EPA to verify that manufacturers have successfully translated their certified prototype engines into mass produced engines, and that these engines comply with emission standards throughout their useful lives. Under the Production-line Testing
(PLT)Program, manufacturers are required to test a sample of engines as they leave the assembly line. This self-audit program increases efficiency and reduces cost of correcting mis-builts and other errors made in the assembly line. Under the In-use Testing Program (In-use), manufacturers are required to test engines after a number of years of use to verify that they comply with emission standards throughout their useful lives. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 4,029 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: • Estimated total number of potential respondents: 10. • Frequency of response: Annual, quarterly and on occasion. • Estimated total average number of responses for each respondent: 22. • Estimated total annual burden hours: 40,293. • Estimated total annual costs: $2,240,870. This includes an estimated burden cost of $200,966 for operation and maintenance costs. Are There Changes in the Estimates From the Last Approval? To date, there are no changes in the number of hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. However, EPA is still evaluating information that may lead to a change in the estimates. Docket ID Number: EPA-HQ-OAR-2004-0058 *Affected entities:* Entities potentially affected by this action are manufacturers of nonroad compression ignition engines and equipment. *Title:* Transition Program for Equipment Manufacturers. *ICR Numbers:* EPA ICR No. 1826.04, OMB Control No. 2060-0369. *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:* When EPA establishes new regulations with tighter engine emission standards, engine manufacturers often need to change the design of their engines to achieve the emissions reductions required by the new standards. Consequently, original equipment manufacturers
(OEMs)may also need to redesign their products to accommodate these engine design changes. Sometimes, OEMs have trouble making the necessary adjustments by the effective date of the regulations. In an effort to provide OEMs with some flexibility in complying with the regulations, EPA created the Transition Program for Equipment Manufacturers (TPEM). Under the program, OEMs are allowed to delay compliance with the new standards for up to seven years as long as they comply with certain limitations. Participation in the program is voluntary. Participating OEMs and engine manufacturers who provide the noncompliant engines are required to keep records and submit reports of their activities under the program. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 80.5 hours per equipment manufacturer and 74.5 hours per engine manufacturer. 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: 213. • Frequency of response: Annual. • Estimated total average number of responses for each respondent: 1. • Estimated total annual burden hours: 17,069. • Estimated total annual costs: $848,582. This includes an estimated burden cost of $5,829 for operation and maintenance costs. Are There Changes in the Estimates From the Last Approval? To date, there are no changes in the number of hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. However, EPA is still evaluating information that may lead to a change in the estimates. What Is the Next Step in the Process for These ICRs? EPA will consider the comments received and amend the ICRs 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: September 17, 2007. Karl Simon, Director, Compliance and Innovative Solutions Division, Office of Transportation and Air Quality, Office of Air and Radiation. [FR Doc. E7-18961 Filed 9-25-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0935; FRL-8149-1] N-methyl Carbamate Revised Cumulative Risk Assessment; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's revised cumulative risk assessment for the N-methyl carbamate group of pesticides, and opens a public comment period on this document and other support documents. As required by the Food Quality Protection Act (FQPA), a cumulative risk assessment, which evaluates exposures based on a common mechanism of toxicity, was conducted to evaluate the risk from food, drinking water, residential, and other non-occupational exposures resulting from registered uses of N-methyl carbamate pesticides. The N-methyl carbamate group includes aldicarb, carbaryl, carbofuran, formetanate HCl, methiocarb, methomyl, oxamyl, pirimicarb, propoxur, and thiodicarb. DATES: Comments must be received on or before November 26, 2007. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2007-0935, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2007-0935. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Neil Anderson, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-8187; fax number:
(703)308-8005; e-mail address: *anderson.neil@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. * Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? EPA is making available the completed cumulative risk assessment for the N-methyl carbamate pesticides. The Agency developed this risk assessment as part of its ongoing process for making pesticide reregistration eligibility and tolerance reassessment decisions. Through these programs, EPA is ensuring that pesticides meet current standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug and Cosmetic Act (FFDCA), as amended by the FQPA. Section 408(b)(2)(D)(v) of the FFDCA directs the Agency to consider available information on the cumulative risk from substances sharing a common mechanism of toxicity. The Agency determined in 2004 that the N-methyl carbamate pesticides share a common mechanism of toxicity, cholinesterase inhibition. The N-methyl carbamates have been among EPA's highest priority pesticides for review under FQPA. In developing the N-methyl carbamate cumulative risk assessment, EPA employed the methodologies utilized in earlier cumulative risk assessments (i.e., the organophosphate pesticides) and consulted with the FIFRA Scientific Advisory Panel numerous times, seeking expert review, advice, and recommendations at each major step of the process. The Agency also met with several of its advisory committees to obtain input from a broad spectrum of stakeholders representing the pesticide industry, environmental and public interest groups, growers, academia, and others, including other federal and state regulatory agencies. EPA issued the *Estimation of Cumulative Risk from N-methyl Carbamate Pesticides: Preliminary Assessment* in August 2005. The *N-methyl Carbamate Revised Cumulative Risk Assessment* is considered an addendum to the August 2005 assessment, and includes improvements and refinements in assessing the cumulative risks of the N-methyl carbamate pesticides. The previous versions of the N-methyl carbamate cumulative risk assessment may be accessed on the EPA website at *http://www.epa.gov/pesticides/cumulative* . EPA has concluded that, with the adoption of the risk mitigation measures evaluated in the N-methyl carbamate cumulative risk assessment, all of the N-methyl carbamate pesticide tolerances assessed in this risk assessment meet the safety standard set forth in section 408(b)(2)(a) of the FFDCA. For those tolerances, this conclusion terminates the tolerance reassessment process under section 408(q) of the FFDCA. For all of the chemicals, to the extent that the safety determination for these uses based on the cumulative risk assessment was the only remaining issue to complete the reregistration eligibility determination for a particular chemical under section 4(g)(2)(A) of FIFRA, the Agency now considers that determination (consistent with the risk mitigation measures described in the cumulative assessment) to be complete. As noted in the Introduction to the cumulative risk assessment, certain tolerances and uses were omitted from the risk assessment because EPA had previously determined that these uses or tolerances did not meet the safety standards based on their individual, aggregate risks or should be canceled for other reasons. These tolerances and uses are identified in Appendix II.A of the cumulative risk assessment. The cumulative assessment does not change the Agency's determination with respect to those uses. Should any risk mitigation measures identified in the assessment not subsequently be implemented, EPA will revise the assessment as necessary to take those residues into account. In June 2006, the Agency determined that 144 of the N-methyl carbamate tolerances were insignificant contributors to the overall dietary exposure to the N-methyl carbamates. The uses associated with these 144 tolerances make an insignificant contribution to the overall N-methyl carbamate cumulative risk. Therefore, EPA counted these tolerances as reassessed before the final N-methyl carbamate cumulative assessment was issued. That determination is not changed by the assessment the Agency is now issuing. As noted in the previous paragraph above, EPA has now determined that those tolerances assessed in the N-methyl carbamate cumulative risk assessment meet the FFDCA safety standard and that no further dietary risk mitigation is necessary for any of the pesticides involved in the cumulative risk assessment other than the mitigation measures identified in the individual chemical or cumulative assessments. EPA is providing an opportunity, through this notice, for interested parties to provide comments and input on the Agency's completed cumulative risk assessment for the N-methyl carbamate pesticides. Such comments and input could address the Agency's risk assessment methodologies and assumptions as applied to this cumulative assessment. The Agency will consider all comments received, and make changes, if appropriate, to the N-methyl carbamate cumulative risk assessment. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, in the development, implementation, and enforcement of environmental laws, regulations, andpolicies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical, unusually high exposure to N-methyl carbamate pesticides, compared to the general population. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. The N-methyl carbamate pesticides have had extensive opportunities for public comment as part of their reregistration and tolerance reassessment process. Comments should be limited to issues raised within the N-methyl carbamate cumulative risk assessment and associated documents. Failure to comment on any such issues as part of this opportunity will not limit a commenter's opportunity to participate in any later notice and comment processes on this matter. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. Comments will become part of the Agency Docket for the N-methyl carbamate cumulative risk assessment. Comments received after the close of the comment period will be marked <<late.'' EPA is not required to consider these late comments. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2)(A) of FIFRA, as amended, requires the Administrator to make “a determination as to the eligibility for reregistration
(i)for all active ingredients subject to reregistration under this section for which tolerances or exemptions from tolerances are required under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), not later than the last date for tolerance reassessment established under section 408(q)(1)(C) of that Act (21 U.S.C. 346a((q)(1)(C))...'' Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. A tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2), respectively, if “the Administrator determines the pesticide chemical residue is safe,'' i.e., “that there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' 21 U.S.C. 346a(b)(2)(A), and (c)(2)(A). In making this safety finding, FFDCA requires the Administrator to consider, among other factors, “available information concerning the cumulative effects of such residues and other substances that have a common mechanism of toxicity...'' 21 U.S.C. 346a(b)(2)(D)(v), and (c)(2)(B). List of Subjects Environmental protection, Pesticides and pests. Dated: September 19, 2007. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-18860 Filed 9-25-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0396; FRL-8148-9] Dichlorvos (DDVP); Proposed Determination to Terminate Special Review AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice sets forth EPA's Proposed Determination to Terminate Special Review for the pesticide Dichlorvos (DDVP). On February 24, 1988, the Agency published a Notice of Special Review (PD 1) of pesticide products containing DDVP based on concerns for cancer, cholinesterase inhibition, and liver effects. (53 FR 5542). On September 28, 1995, the Agency published a Notice of Preliminary Determination to Cancel Certain Registrations and a Draft Notice of Intent to Cancel (PD 2/3). (60 FR 50337). In the 1995 PD 2/3, the Agency determined that exposure to dichlorvos from the registered uses posed carcinogenic risks of concern as well as risks of concern for cholinesterase inhibition. However, with respect to liver effects, the Agency determined that this endpoint was no longer of regulatory concern. Since the initiation of Special Review and publication of the PD 2/3, additional data have become available. Based in part on these data, the Agency has changed its assessment of some of the risks associated with DDVP, and modified the terms and conditions of DDVP registrations, accordingly. Moreover, during the recently-concluded reregistration process for DDVP, EPA conducted an intensive and public review of whether DDVP registrations meet the FIFRA standard for registration, culminating in the Agency's 2006 Interim Reregistration Eligibility Decision
(IRED)for DDVP. Through the reregistration processes the Agency resolved remaining concerns regarding cancer and cholinesterase effects. Accordingly, EPA has revised its assessment of DDVP since the time when the PD 1 and the PD 2/3 were published. Based on the IRED, requested label amendments, and the voluntary cancellation of uses by the registrant pursuant to section 6(f) of FIFRA, EPA has determined that the risks that were the basis of the Special Review are no longer of concern and, therefore, the Agency is proposing to terminate the Special Review of DDVP. To the extent that the Agency further revises its assessment of DDVP, it will do so outside of the Special Review context. DATES: Comments must be received on or before October 26, 2007. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2006-0396, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0396. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)603-0065; fax number:
(703)308-8005; e-mail address: *bartow.susan@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background DDVP is an organophosphate insecticide and fumigant registered for use in controlling flies, mosquitos, gnats, cockroaches, fleas, and other insect pests. Formulations of DDVP include pressurized liquids, emulsifiable concentrates, and impregnated materials. DDVP is applied with aerosols and fogging equipment, with spray equipment, and through slow release from impregnated materials, such as resin strips. DDVP is registered to control insect pests on agricultural sites; commercial, institutional and industrial sites; and for domestic use in and around homes (i.e., resin strips). DDVP is used preplant in mushroom houses, and postharvest in storage areas for bulk, packaged and bagged raw and processed agricultural commodities, food manufacturing/processing plants, animal premises, and non-food areas of food-handling establishments. It is also registered for direct dermal treatment of cattle and poultry, and swine, sheep, and goats. The mechanism of pesticidal action of DDVP is inhibition of cholinesterase. Although when the DDVP Special Review was first initiated, EPA identified concerns for cancer and liver effects as well as cholinesterase inhibition, the Agency has since determined that the adverse effects caused by DDVP that are of primary concern to human health are neurological effects related to inhibition of cholinesterase activity and the previously-identified cancer and liver effects do not present risks of concern. A. What Action is the Agency Taking? On February 24, 1988, the Agency published a Notice of Special Review (PD 1) of pesticide products containing DDVP based on concerns for cancer, cholinesterase inhibition, and liver effects (53 FR 5542). On September 28, 1995, the Agency published a Notice of Preliminary Determination to Cancel Certain Registrations and a Draft Notice of Intent to Cancel (PD 2/3) (60 FR 50337)(FRL-4954-7). For the reasons discussed below, EPA is now issuing this proposal to terminate the DDVP Special Review without taking any further action against the DDVP registrations. EPA is taking this action based upon the requested label amendments, the voluntary cancellation of uses by the registrant pursuant to section 6(f) of FIFRA, and the IRED, in which EPA determined that the risks that were the basis of the Special Review are no longer of concern. The Agency notes that it has received and is in the process of responding to a petition to cancel all DDVP registrations and revoke all DDVP tolerances. The breadth and scope of the petition is far greater than the discrete issues that were the triggers initiating the DDVP Special Review. The Agency is proposing to terminate the Special Review, and to assess the merits of the petition separately. Notwithstanding anything in this proposal or in the reregistration decision for DDVP, if EPA determines that some or all of the petition should be granted, the Agency will pursue appropriate changes to the terms and conditions of DDVP registrations. B. What is the Agency's Authority for Taking this Action? In order to obtain a registration for a pesticide under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA, 7 U.S.C. 136 *et seq* ., as amended by the Food Quality Protection Act of 1996, Public Law 104-170), an applicant must demonstrate that the pesticide will not cause unreasonable adverse affects on the environment when used according to label directions. (FIFRA section 3(c)(5)). The term unreasonable adverse effects on the environment means: 1. Any unreasonable risk to humans or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide, or 2. A human dietary risk from residues that results from use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug and Cosmetic Act. (FIFRA section 2(bb)). Tolerances, or the establishment of maximum permissible levels of pesticides in foods, are required when a pesticide or its identifiable degradates or metabolites are expected to be present in food. Section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 301 *et seq* ., as amended by the Food Quality Protection Act
(FQPA)of 1996, (Public Law 104-170), authorizes EPA to establish a tolerance if the Agency determines the tolerance is safe. Without such a tolerance or an exemption from a tolerance, a food containing a pesticide residue is adulterated under section 402 of the FFDCA and may not be legally moved in interstate commerce. In determining a pesticide's safety for establishing a tolerance or an exemption from the requirement of a tolerance, section 408 of the FFDCA requires, *inter alia* , that EPA examine aggregate exposures from all sources of pesticide residues, whether infants and children have heightened susceptibility to pesticide residues, and whether there are cumulative effects of pesticides and other compounds with a common mechanism of toxicity. Because it is not relevant to the outcome of this Special Review, we will not discuss in detail the differences between the current standard in section 408 and the standard that was in effect when the Special Review for DDVP was initiated. In proposing to terminate this Special Review, EPA is applying the more stringent standard currently found in section 408. The Special Review process, which was previously called the Rebuttable Presumption Against Registration (RPAR), is described in 40 CFR part 154, published in the **Federal Register** of November 25, 1985 (50 FR 49015). EPA can initiate a Special Review if it determines that a pesticide may pose a serious risk to human health or the environment (40 CFR 154.7). The purpose of the Special Review process is then to determine whether the risk is in fact a serious one, and if so, whether some or all of the registrations of an affected pesticide meet the FIFRA standard for registration, or whether amendment of the terms and conditions of registration or cancellation of portions or all of the registrations is appropriate. Prior to formal initiation of a Special Review, a preliminary notification is sent to registrants and applicants for registration pursuant to 40 CFR 154.21 announcing that the Agency is considering commencing a Special Review. Registrants and applicants for registration are allowed 30 days from receipt of the notification to comment on the Agency's proposal to commence a Special Review. If the Agency determines, after issuance of a notification pursuant to 40 CFR 154.21, that it will initiate a Special Review, 40 CFR 154.23(c) requires the Administrator to publish a Notice of Special Review in the **Federal Register** . To conclude the Special Review after a Special Review has been initiated, 40 CFR 154.31 requires the Administrator to first publish a Notice of Preliminary Determination in the **Federal Register** . This Notice is a Preliminary Determination as called for in 40 CFR 154.31. A Special Review can be concluded in a number of ways. As noted earlier, the purpose of a Special Review is to determine whether a potentially serious risk (or risks) warrants changes to the terms and conditions of pesticide registrations. If the Agency determines that the scientific bases for the Special Review were erroneous; that the risks are not meaningful in light of the current terms and conditions of affected registrations; or that risk mitigation is not feasible and the risks are justified by the benefits associated with the use of the pesticide, a Special Review could be terminated without any changes to existing registrations. On the other hand, if the Agency determines that certain changes to the terms and conditions of registration are necessary in order for a pesticide to meet the FIFRA standard for registration, or that no changes could enable the pesticide to meet the FIFRA standard, the Agency could propose to initiate regulatory action under section 3(d) or 6 of FIFRA (and/or section 408 of the FFDCA) to assure that the affected pesticide registrations are either cancelled or appropriate changes to the registrations are made. Any final decision on a pesticide's registration through the Special Review process is set forth in a Notice of Final Determination issued in accordance with 40 CFR 154.33. Reregistration is another process under which EPA examines whether an existing pesticide meets the FIFRA standard of registration. When Congress substantially amended FIFRA in 1972, it directed EPA to examine all existing pesticides to determine whether they met the new standards for registration Congress was promulgating. This directive to make reregistration decisions for existing registrations was formally added to FIFRA as a new section 4 in 1988. That section now requires EPA to make reregistration eligibility decisions by August 3, 2006 for all food-use chemicals that were first contained in a registered pesticide product before November 1, 1984, and by October 3, 2008 for all other chemicals subject to reregistration. (FIFRA section 4(g)(2)(A)). The reregistration program EPA developed to comply with this Congressional directive and the similar directive adopted in the FQPA to reassess all existing tolorances against the new safety standard placed into section 408 of the FFDCA in 1996, was a major focus of EPA's pesticide program for a number of years. Under that program, EPA examined hundreds of pesticide active ingredients, including DDVP, to determine whether pesticide products containing DDVP could meet the FIFRA standard for registration. As part of the reregistration process, EPA called in large numbers of studies from pesticide registrants, and conducted detailed risk assessments of many of the affected pesticides. EPA also issued reregistration eligibility decisions, called REDs or IREDs, in which the Agency discussed the risks posed by particular pesticides, whether those risks could and should be mitigated, and whether registrations of the particular pesticide as modified as set forth in the RED or IRED met the FIFRA standard of not causing unreasonable adverse effects on the environment. The concerns that gave rise to the DDVP Special Review were addressed as part of the reregistration assessment of DDVP, and for that reason EPA now proposes to terminate the Special Review. EPA intends to continue its assessment of DDVP in light of the petition to cancel all DDVP registrations and revoke all DDVP tolerances. Notwithstanding anything in this proposal or in the reregistration decision for DDVP, if EPA determines that some or all of the petition should be granted, the Agency will pursue appropriate changes to the terms and conditions of DDVP registrations. C. Why is the Agency Taking this Action? On February 24, 1988, the Agency initiated a Special Review for pesticide products containing DDVP.(53 FR 5542). At that time, the Agency was concerned that exposure to DDVP from registered uses might pose a carcinogenic risk of concern and that there were inadequate margins of exposure for cholinesterase inhibition and liver effects to exposed individuals. In 1995, the Agency concluded upon further analysis that although liver toxicity was no longer a risk of concern, DDVP did pose carcinogenic risks of concern to the general population from dietary exposure. The Agency also concluded in 1995 that DDVP posed risks of concern for cholinesterase inhibition to residents in homes and to individuals mixing, loading, and applying this pesticide, as well as to those reentering treated areas. Subsequently, the Agency issued a Preliminary Determination to Cancel Certain Registrations (PD 2/3) and a Draft Notice of Intent to Cancel the DDVP uses which posed the greatest risks. (60 FR 50338, September 28, 1995). In its 1995 PD 2/3, the Agency concluded that the risks outweighed the benefits for most uses of DDVP under the conditions of registration at that time and, therefore, recommended a variety of measures to reduce those risks. The Agency proposed cancellation of certain uses of DDVP and cancellation of other uses unless certain labeling modifications were made to reduce risk. Since 1995, additional data became available and, as part of the reregistration effort, the Agency conducted a thorough assessment of all the risks associated with DDVP (including, but not limited to, those risks that gave rise to the Special Review). This assessment is described in more detail in the Reregistration Eligibility Decision for DDVP and in the associated 2006 Human Health Assessment. In addition, as part of the reregistration process, EPA conducted an intensive and public review of whether or not DDVP registrations met the FIFRA standard for reregistration. As noted above, this determination of whether a pesticide causes unreasonable adverse effects is the ultimate focus of both reregistration and Special Review. On June 30, 2006, the Agency issued an Interim Reregistration Eligibility Determination
(IRED)for DDVP. Subsequently, EPA completed the organophosphate cumulative assessment (in which it concluded that, among other things, the tolerances for DDVP meet the safety standard of section 408 of the FFDCA), and on July 31, 2006, EPA issued a determination that each of the organophosphate pesticides for which an IRED had been issued was eligible for reregistration, including DDVP. See * Finalization of Interim Reregistration Eligibility Decisions (IREDs) and Interim Tolerance Reassessment and Risk Management Decisions (TREDs) for the Organophosphate Pesticides, and Completion of the Tolerance Reassessment and Reregistration Eligibility Process for the Organophosphate Pesticides,* dated July 31, 2007 (attached to the DDVP IRED at *http://www.epa.gov/pesticides/reregistration/REDs/ddvp_ired.pdf)* . The IRED was based in part on an irrevocable request from Amvac Chemical Corporation (Amvac), the sole technical product registrant, to cancel certain uses and include additional pest strip label restrictions on the DDVP technical product labels. Pursuant to section 6(f) of FIFRA, 7 U.S.C. 136d(f)(1), on June 30, 2006, the Agency published a notice in the **Federal Register** that it had received the request and sought comment on EPA's intention to grant the request and cancel the specified uses. (71 FR 37570)(FRL-8075-2). On October 20, 2006, EPA issued the final cancellation order granting Amvac's request. (71 FR 61968)(FRL-8075-8). Specifically on May 9, 2006, Amvac submitted to EPA a request for cancellation of several existing DDVP products, uses and application methods, including the 100 gram pest strip, the total release fogger, use on lawn, turf and ornamentals, residential crack and crevice use, and hand held fogger applications in mushroom houses, greenhouses, and warehouses. Amvac also requested several label amendments further restricting residential use of pest strips and adding personal protective equipment requirements and more protective re-entry intervals for mushroom and greenhouse uses. The added restrictions on the use of the pest strip products provided, among other things, that large pest strips could no longer be used in homes except for garages, attics, crawl spaces, and sheds that are occupied for less than 4 hours per day. For a full description of the registrant's request, see the May 9, 2006 letter from AMVAC to EPA in the DDVP Special Review docket (EPA-HQ-OPP-2006-0396). Subsequently, in early March, 2007, Amvac also requested the voluntary cancellation of all its pet collar and bait registrations and deletion of those uses from its technical label. Pursuant to section 6(f) of FIFRA, Amvac's requests to cancel the pet collar and bait registrations as well as deleting such uses from the technical label were published in the **Federal Register** on March 23, 2007. (72 FR 13786)(FRL-8120-7). On June 27, 2007, EPA granted Amvac's request and issued a final cancellation order for the pet collar and bait registrations. (72 FR 35235)(FRL-8127-5). This proposal to conclude Special Review is based upon the label amendments requested by Amvac (as set forth in the May 9, 2006 letter) and EPA's determination that DDVP is eligible for reregistration as set forth in the June 30, 2006 IRED as well as the section 6(f) cancellations discussed above. In sum, the Agency has determined that potential liver and cancer effects are no longer risks of concern, and based on the IRED and subsequent label changes that the cholinesterase inhibition issues have been adequately addressed through cancellations and other mitigation actions which limit exposure to DDVP. This Notice therefore proposes to terminate the DDVP Special Review based on the Agency's determination that all risks of concern identified in the PD 1 and earlier PD 2/3 have been satisfactorily addressed. Again, termination of this Special Review does not prejudice the Agency's review of the petition to cancel DDVP registrations and revoke DDVP tolerances, which will proceed separately and, if the Agency were to agree with the petition in whole or in part, could result in changes to the terms and conditions of DDVP registrations. For a complete description of the toxicity endpoints and risk assessment, see the DDVP Revised Human Health Risk Assessment, dated June 22, 2006, available in the DDVP reregistration docket (EPA-HQ-OPP-2002-0302) at *http://www.regulations.gov.* III. Evaluation of Comments to PD 1 See section III.G of the September 1995 PD 2/3 for the evaluation of public comments received on the PD 1. This document is available in the DDVP Special Review docket (EPA-HQ-OPP-2006-0396) at the OPP Regulatory Public Docket (7508P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg), 2777 S. Crystal Dr., Arlington, VA. List of Subjects Environmental protection, Pesticides and pests. Dated: September 19, 2007. Peter Caulkins, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-18861 Filed 9-25-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0986; FRL-8144-8] The Allethrins Reregistration Eligibility Decision AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Reregistration Eligibility Decision
(RED)for the allethrin series of pesticides (bioallethrin, esbiol, esbiothrin, and pynamin forte). The Agency's risk assessments and other related documents also are available in the allethrins docket. The allethrins are synthetic pyrethroids used as insecticides on both indoor (residential and commercial) and outdoor (residential, commercial, and recreational) use sites. EPA has reviewed the allethrins through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. FOR FURTHER INFORMATION CONTACT: Molly Clayton, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)603-0522; fax number:
(703)308-7070; e-mail address: *clayton.molly@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2007-0986. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs
(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. 2. * Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr.* II. Background A. What Action is the Agency Taking? Under section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to ensure that they meet current scientific and regulatory standards. EPA has completed a RED for the allethrins series of pesticides under section 4(g)(2)(A) of FIFRA. The allethrins are synthetic pyrethroids used as insecticides on both indoor (residential and commercial) and outdoor (residential, commercial, and recreational) use sites. EPA has determined that the database to support reregistration is substantially complete and that products containing the allethrins are eligible for reregistration, provided the risks are mitigated in the manner described in the RED. Upon submission of any required product specific data under section 4(g)(2)(B) of FIFRA and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) of FIFRA for products containing the allethrins. Although the allethrins RED was signed on June 30, 2007, certain components of the document, which did not affect the final regulatory decision, were undergoing final editing at that time. These components, including the table of contents and the summary of labeling changes, have been added to the allethrins RED document. None of these additions or changes alter the conclusions documented in the June 30, 2007 allethrins RED. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to their uses, risk, and other factors, the allethrins were reviewed through the modified 4-Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for the allethrins. The reregistration program is being conducted under congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. Few comments were received during the earlier comment periods for this reregistration case, and the issues related to this pesticide were resolved through consultations with stakeholders. The Agency therefore is issuing the allethrins RED without a comment period. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” List of Subjects Environmental protection, Pesticides and pests. Dated: August 21, 2007. Margaret J. Rice, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-18789 Filed 9-25-07; 8:45 am] BILLING CODE 6560-50-S EXPORT-IMPORT BANK OF THE UNITED STATES Sunshine Act Meeting ACTION: Notice of Partially Open Meeting of the Board of Directors of the Export-Import Bank of the United States. TIME AND PLACE: Thursday, September 27, 2007 at 9:30 a.m. The meeting will be held at Ex-Im Bank in Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571. OPEN AGENDA ITEM: PEFCO Secured Note Issues Resolutions. PUBLIC PARTICIPATION: The meeting will be open to public participation for Item No. 1 only. FOR FURTHER INFORMATION CONTACT: Office of the Secretary, 811 Vermont Avenue, NW., Washington, DC 20571 (Telephone 202-565-3957). Howard A. Schweitzer, General Counsel. [FR Doc. 07-4758 Filed 9-24-07; 12:00 pm]
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U.S. Code
- Administrative action following WTO panel reports§ 3538
- Judicial review in countervailing duty and antidumping duty proceedings§ 1516a
- Congressional findings§ 1451
- Congressional findings and declaration of purposes and policy§ 1531
- Rates§ 839e
- Declaration of policy; application of subchapter§ 824
- Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847§ 791
- Sale of electric power from reservoir projects; rate schedules; preference in sale; construction of transmission lines; disposition of moneys§ 825s
- Purposes§ 3501
- Emission standards for new motor vehicles or new motor vehicle engines§ 7521
- Short title§ 301
- Tolerances and exemptions for pesticide chemical residues§ 346a
- Definitions§ 136
- Administrative review; suspension§ 136d
CFR
- Consistent with the objectives or purposes of the Act.§ 930.121
- Necessary in the interest of national security.§ 930.122
- Intervention (Rule 214).§ 385.214
- Answers (Rule 213).§ 385.213
- Application for confirmation and approval.§ 300.10
- Interim acceptance and review of Bonneville Power Administration rates.§ 300.20
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Notice of application and notice of schedule for environmental review.§ 157.9
- Interventions and protests.§ 157.10
- Filings and Other Submissions.§ 385.2001
- Hearings on applications; consultation on terms and conditions; motions to intervene; alternative procedures.§ 4.34
21 references not yet in our index
- 15 CFR 930
- 50 CFR 222
- Pub. L. 104-13
- 18 CFR 300
- 225 F.3d 667
- 535 U.S. 1
- 735 F.2d 1101
- 903 F.2d 585
- Pub. L. 95-91
- 10 CFR 1021
- 40 CFR 9
- 5 CFR 1320.12
- 5 CFR 1320.5(a)(1)(iv)
- 40 CFR 2
- Pub. L. 104-170
- 40 CFR 154
- 40 CFR 154.7
- 40 CFR 154.21
- 40 CFR 154.23(c)
- 40 CFR 154.31
- 40 CFR 154.33
Citation graph
cites case law
Notices
Notice of appeal
F. App'x225 F.3d 667
SCOTUS535 U.S. 1
F. App'x735 F.2d 1101
Cites 46 · showing 12Cited by 0 across 0 sources