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Code · REGISTER · 2007-10-16 · National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce · Notices

Notices. Notice of a public meeting

20,200 words·~92 min read·/register/2007/10/16/07-5093

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XD37 North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The North Pacific Fishery Management Council (Council) Salmon Bycatch Workgroup will meet in Anchorage, AK. DATES: The meeting will be held on November 2, 2007, from 9 a.m. to 2 p.m.
ADDRESSES: The meeting will be held at the Hawthorn Suites, 1110 West 8th Avenue, Anchorage, AK. *Council address* : North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252. FOR FURTHER INFORMATION CONTACT: Diana Stram, Council staff; telephone:
(907)271-2809 SUPPLEMENTARY INFORMATION: The Committee will discuss salmon bycatch cap formulation alternatives for Bering Sea and Aleutian Islands trawl fisheries and develop recommendations. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen at
(907)271-2809 at least 7 working days prior to the meeting date. Dated: October 11, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-20322 Filed 10-15-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-P-2007-0037] Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; MIFAMURTIDE AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice of Interim Patent Term Extension. SUMMARY: The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 4,971,802. FOR FURTHER INFORMATION CONTACT: Raul Tamayo by telephone at
(571)272-7728; by mail marked to his attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, Alexandria, VA 22313-1450; by fax marked to his attention at
(571)273-7728, or by e-mail to *Raul.Tamayo@uspto.gov.* SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to a year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On August 8, 2007, IDM Pharma, agent/licensee of patent owner Novartis, timely filed an application under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. Patent No. 4,971,802. Claims of the patent cover the product Mifamurtide having the active ingredient muramyl tripeptide phosphatidyl ethanolamine. The application indicates, and the Food and Drug Administration has confirmed, that a New Drug Application for the human drug product Mifamurtide has been filed and is currently undergoing regulatory review before the Food and Drug Administration for permission to market or use the product commercially. Review of the application indicates that, except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for one year as required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review period will continue beyond the expiration date of the patent (November 20, 2007), interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,971,802 is granted for a period of one year from the expiration date of the patent, i.e., until November 20, 2008. Dated: October 4, 2007. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E7-20372 Filed 10-15-07; 8:45 am] BILLING CODE 3510-16-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [IC07-574-001, FERC-574] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension October 4, 2007. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review and extension of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission did not receive any comments in response to an earlier **Federal Register** notice of May 29, 2007 (72 FR 29489-29490) and has made this notification in its submission to OMB. Copies of the submission were also submitted to the commenters. DATES: Comments on the collection of information are due by November 13, 2007. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *oira_submission@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-7345. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-34, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings an original and 14 copies, of such comments should be submitted to the Secretary of the Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC07-574-001. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-Filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by e-mail to *efiling@ferc.gov.* Comments should not be submitted to this e-mail address. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “ *eLibrary* ” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For user assistance, contact *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676 or 202-502-6652 (e-mail at *FERCOnlineSupport@FERC.gov* ), or the Public Reference Room at 202-502-8371, TTY 202-502-8659 (e-mail at *public.referenceroom@ferc.gov* ). FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC 574 “Gas Pipeline Certificates: Hinshaw Exemption.” 2. *Sponsor:* Federal Energy Regulatory Commission. 3. *Control No.* 1902-0116. The Commission is now requesting that OMB approve and extend the expiration date for an additional three years with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* Submission of the information is necessary for the Commission to carry out its responsibilities in implementing the statutory provisions of the sections 1(c), 4 and 7 of the Natural Gas Act
(NGA)(15 U.S.C. 717-717w). Natural Gas pipeline companies file applications with the Commission furnishing information in order for a determination to be made as to whether the applicant qualifies for an exemption under the provisions of the Natural Gas Act (section 1(c)). If the exemption is granted, the pipeline is not required to file certificate applications, rate schedules, or any other application or forms prescribed by the Commission. The exemption applies to companies engaged in the transportation or sale for resale of natural gas in interstate commerce if:
(a)They receive gas at or within the boundaries of the state from another person;
(b)such gas is transported, sold, consumed within such state;
(c)the rates, service and facilities of such company are subject to regulation by a State Commission. The Commission implements these filing requirements in the Code of Federal Regulations
(CFR)under 18 CFR part 152. 5. *Respondent Description:* The respondent universe currently comprises 1 company (on average) subject to the Commission's jurisdiction. 6. *Estimated Burden:* 245 total hours, 1 respondent (average), 1 response per respondent, and 245 hours per response (rounded off and average time). 7. *Estimated Cost Burden to respondents:* 245 hours/2080 hours per years × $122,137 per year = $14,386. The cost per respondent is equal to $14,386. Statutory Authority: Statutory provisions of sections 1(c), 4 and 7 of the Natural Gas Act
(NGA)(15 U.S.C. 717-717w). Kimberly D. Bose, Secretary. [FR Doc. E7-20286 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP06-143-001] Algonquin Gas Transmission, LLC; Notice of Compliance Filing October 5, 2007. Take notice that on October 1, 2007, Algonquin Gas Transmission, LLC (Algonquin) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the tariff sheets listed on Appendix A to the filing, to be effective November 1, 2007. Algonquin states that the filing is being made in compliance with the “Ordering Issuing Certificate,” issued by the Commission on September 22, 2006 in the captioned proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time October 15, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-20295 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP07-451-000; CP07-452-000; CP07-453-000] Black Bayou Storage LLC; Notice of Application October 9, 2007. Take notice that on September 25, 2007, Black Bayou Storage LLC (Black Bayou), 6733 South Yale Avenue, Tulsa, Oklahoma 74136, filed with the Commission an application, pursuant to section 7(c) of the Natural Gas Act, and Subpart F of Part 157, and Subpart G of Part 284 of the Commission's Regulations for:
(1)A certificate of public convenience and necessity in Docket No. CP07-451-000 authorizing Black Bayou to construct and operate a natural gas storage facility and pipeline facilities connecting with Transcontinental Gas Pipe Line (Transco) and Kinder Morgan Louisiana Pipeline LLC (Kinder Morgan) in Cameron Parish, Louisiana;
(2)a blanket certificate in Docket No. CP07-452-000 authorizing Black Bayou to construct, acquire, operate and abandon facilities; and
(3)a blanket certificate in Docket No. CP07-453-000 authorizing Black Bayou to provide open-access firm and interruptible interstate natural gas storage and storage related services and the associated pre-granted abandonment authorization, as more fully set forth in the application which is open to public inspection. This filing may be also viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERCOnline Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or TTY, contact
(202)502-8659. Black Bayou proposes to construct, own, operate, and maintain a natural gas storage facility on the Black Bayou salt dome in Cameron Parish, approximately 15 miles west of Hackberry, Louisiana. Black Bayou states that it would construct and operate approximately 2.45 miles of 30-inch diameter pipeline connecting with Transco and approximately 4.7 miles of 24-inch diameter pipeline connecting with Kinder Morgan. Black Bayou also states that it would construct and operate a compressor station with a total of 18,940 HP. Black Bayou further states that the underground salt cavern storage facility would have a total working gas capacity of 15 billion cubic feet
(Bcf)with a total of approximately 1,200 MMcf of maximum daily injection capability and approximately 1,200 MMcf of maximum daily withdrawal capability. Black Bayou seeks authorization to charge market-based rates for its proposed services. Any questions regarding this application should be directed to John R. Staffier, Stuntz, Davis & Staffier, P.C., 555 Eleventh Street, NW., Suite 550, Washington, DC 20004, or via telephone at
(202)638-6588, facsimile at
(202)638-6581, or e-mail *jstaffier@sdsatty.com.* 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 commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests and interventions via the Internet in lieu of paper. 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. *Comment Date:* October 30, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-20320 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR08-1-000] Enogex Inc.; Notice of Petition for Rate Approval October 9, 2007. Take notice that on October 1, 2007, Enogex Inc., (Enogex) filed a petition for approval of zonal rates for interruptible transportation services, pursuant to section 284.123(b)(2) of the Commission's regulations. Enogex requests that the Commission approve a maximum interruptible transportation rate of $0.3785 per MMBtu for service furnished in the East Zone and a maximum interruptible transportation rate of $0.0969 per MMBtu for service furnished in the West Zone provided. Enogex requests the maximum interruptible transportation rates it proposes to charge for services, pursuant to section 311 of the Natural Gas Policy Act to become effective January 1, 2008. Any person desiring to participate in this rate proceeding must file a motion to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time October 22, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-20319 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RT04-2-016] ISO New England Inc. et al.; Notice of Filing October 5, 2007. Take notice that on October 3, 2007, ISO New England Inc. (ISO), hereby moves for a limited waiver of the Independence Audit requirement. Specifically, the ISO requests that the audit be;
(1)Postponed until such time at which Commission auditors are performing their next audit of the ISO; and
(2)conducted by Commission auditors. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on October 17, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-20293 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL07-99-000; QF85-147-008] Primary Energy of North Carolina LLC; Notice of Filing October 4, 2007. Take notice that on September 14, 2007, pursuant to 18 CFR 292.205(c), filed a request for a temporary limited waiver of the Commission's operating and efficiency standards in 18 CFR 292.205(a)(2), with respect to the qualifying status of its 52 MW cogeneration facility located in the Roxboro, North Carolina for calendar years 2007. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 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 25, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-20285 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-412-003] Tennessee Gas Pipeline Company; Notice of Compliance Filing October 5, 2007. Take notice that on October 3, 2007, Tennessee Gas Pipeline Company (Tennessee) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Thirteenth Revised Sheet No. 23G and Tenth Revised Sheet No. 413A, to be effective November 1, 2007. Tennessee states that the purpose of the filing is to file revised tariff sheets that:
(1)Implement the recourse transmission rate authorized by the Order; and
(2)list eight non-conforming agreements in its FERC Gas Tariff as required by the May 9, 2006 Order. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time October 15, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-20294 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-20-000] University of New Hampshire; Notice of Request for Expedited Consideration and Waivers Under Market Rule 1 October 5, 2007. Take notice that on October 2, 2007, the University of New Hampshire (University) requests that the Commission void the designation of the University's cogeneration facility as a settlement-only generator or, in the alternative, waive Market Rule 1. 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 17, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-20298 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP06-365-000; CP06-366-000] Bradwood Landing, LLC, NorthernStar Energy, LLC; Notice of Public Meetings To Take Comments on the Draft Environmental Impact Statement for the Proposed Bradwood Landing LNG Project October 5, 2007. The staff of the Federal Energy Regulatory Commission (FERC or Commission) is issuing this notice to announce a series of public meetings to take comments on the draft Environmental Impact Statement
(EIS)issued by the FERC on August 17, 2007, for the proposed Bradwood Landing liquefied natural gas
(LNG)Project. The draft EIS addresses the proposal by Bradwood Landing, LLC to construct and operate an LNG import terminal about 38 miles up the Columbia River from its mouth in Clatsop County, Oregon, and the associated 36-mile-long natural gas sendout pipeline proposed by NorthernStar Energy, LLC that would cross portions of Clatsop and Columbia Counties, Oregon, and Cowlitz County, Washington, to connect the Bradwood Landing LNG terminal with the existing Williams Northwest Pipeline Company interstate pipeline system near Kelso, Washington. The FERC staff produced the draft EIS in cooperation with the U.S. Department of the Army Corps of Engineers, U.S. Department of Homeland Security Coast Guard, and the U.S. Department of Transportation. The draft EIS was delivered to the U.S. Environmental Protection Agency, and mailed to various federal, state, and local government agencies, elected officials, affected landowners, regional environmental organizations, Indian tribes, local libraries and newspapers, intervenors, and other interested parties. The issuance of the draft EIS was noticed in the **Federal Register** on August 24, 2007, (72 FR 48629-48631). The deadline for comments on the draft EIS is December 24, 2007. In addition to, or in lieu of, sending in written comments on the draft EIS, the FERC and cooperating agencies invite you to attend the public comment meetings that will be held in Oregon and Washington in November 2007, on the dates, times, and locations listed below. Date and time Location Tuesday, November 6, 2007, 6:30 p.m. to 10 p.m.
(PST)J.A. Wendt Elementary School, 265 S. 3rd St., Cathlamet, Washington 98612, Telephone: 360-795-3261. Wednesday, November 7, 2007, 9 a.m. to 12 p.m.
(PST)Cowlitz County Expo and Conference Center, 1900 7th Ave., Longview, Washington 98632, Telephone: 360-577-3121. Wednesday, November 7, 2007, 6:30 p.m. to 10 p.m.
(PST)Cowlitz County Expo and Conference Center, 1900 7th Ave., Longview, Washington 98632, Telephone: 360-577-3121. Thursday, November 8, 2007, 6:30 p.m. to 10 p.m.
(PST)Hilda Lahti Elementary School, 42535 Old Highway 30, Astoria, Oregon 97103, Telephone: 503-458-6162. These events are posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. For additional information, please contact the Commission's Office of External Affairs at 1-866-208-FERC. Kimberly D. Bose, Secretary. [FR Doc. E7-20296 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 943-102] Public Utility District No. 1 of Chelan County; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests October 4, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No:* 943-102. c. *Date Filed:* September 14, 2007. d. *Applicant:* Public Utility District No. 1 of Chelan County. e. *Name of Project:* Rock Island Hydroelectric Project. f. *Location:* The project is located on the Columbia River in Chelan County, Washington. The project does not occupy any Federal or tribal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Michelle Smith, License and Natural Resource Compliance Manager, Public Utility District No. 1 of Chelan County, P.O. Box 1231, Wenatchee, WA 98807-1231. Phone:
(888)663-8121, Ext. 4180. i. *FERC Contact:* Any questions on this notice should be addressed to Jon Cofrancesco at
(202)502-8951 or by e-mail: *jon.cofrancesco@ferc.gov.* j. *Deadline for filing comments and/or motions:* October 26, 2007. 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 whose name appears 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. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. k. *Description of the Application:* The Public Utility District No. 1 of Chelan County, Washington, licensee of the Rock Island Hydroelectric Project, has filed an application seeking authorization from the Federal Energy Regulatory Commission to grant a permit to Dr. Thomas Hurst for a 12-slip community dock for a 13 lot, 20-acre residential subdivision located on upland property adjacent to the project. The proposed 1,444 square-foot floating dock includes a ramp, a main float, and one T-section with six fingers on each side; extends 130 feet from the ordinary high water mark; and is located approximately four miles upriver from Rock Island dam in Chelan County, Washington. l. *Location of the Application:* This filing is available for review at the Commission 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. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E7-20284 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12848-000] FFP Project 6, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests October 4, 2007. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* P-12848-000. c. *Date Filed:* July 25, 2007. d. *Applicant:* FFP Project 6, LLC. e. *Name of the Project:* Algiers Light Project. f. *Location:* The project would be located on the Mississippi River in Orleans Parish, Louisiana. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicants Contact:* Mr. Dan Irvin, FFP Project 6, LLC, 69 Bridge Street, Manchester, MA 01944, phone
(978)232-3536. i. *FERC Contact:* Patricia W. Gillis,
(202)502-8735. j. Deadline for filing comments, protests, and motions to intervene: 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12848-000) on any comments or motions filed. 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 in 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. k. *Description of Project:* The proposed project would consist of:
(1)1,000 proposed 20-kilowatt Free Flow generating units having a total installed capacity of 20-megawatts,
(2)a proposed transmission line, and
(4)appurtenant facilities. The project would have an average annual generation of 87.6-gigawatt-hours and be sold to a local utility. l. Location of Application: A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. 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 toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E7-20287 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [FFP Project 18, LLC; Project No. 12857-000] Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests October 4, 2007. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* P-12857-000. c. *Date Filed:* July 25, 2007. d. *Applicant:* FFP Project 18, LLC. e. *Name of the Project:* College Point Project. f. *Location:* The project would be located on the Mississippi River in St. James Parish, Louisiana. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicants Contact:* Mr. Dan Irvin, FFP Project 18, LLC, 69 Bridge Street, Manchester, MA 01944, phone
(978)232-3536. i. *FERC Contact:* Patricia W. Gillis,
(202)502-8735. j. Deadline for filing comments, protests, and motions to intervene: 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12857-000) on any comments or motions filed. 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 in 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. k. *Description of Project:* The proposed project would consist of:
(1)1,000 proposed 20-kilowatt Free Flow generating units having a total installed capacity of 20-megawatts,
(2)a proposed transmission line, and
(4)appurtenant facilities. The project would have an average annual generation of 87.6-gigawatt-hours and be sold to a local utility. l. *Location of Application:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. 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 toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. Proposed Scope of Studies Under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. s. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. Agency Comments—Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E7-20288 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2413-094] Georgia Power Company; Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests October 4, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No.:* 2413-094. c. *Date Filed:* August 23, 2007. d. *Applicant:* Georgia Power Company. e. *Name and Location of Project:* Wallace Dam Project is located on the Lake Oconee in Greene County, Georgia. The proposed project does not occupy federal lands. f. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). g. *Applicant Contact:* Lee Glenn, Georgia Power Company, 125 Wallace Dam Road, NE., Eatonton, GA 31024,
(706)485-8704. h. *FERC Contact:* Gina Krump, Telephone
(202)502-6704, or by e-mail at *gina.krump@ferc.gov.* i. Deadline for filing comments, protests, and motions to intervene: November 5, 2007. 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 a document with the Commission to serve a copy of that document on each person in 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 documents on that resource agency. j. *Description of Application:* The licensee is seeking Commission approval to issue a permit to Heron Cove Properties, LLC for the construction of five docks, totaling 42 slips, a 985-foot seawall, and a boat ramp on approximately 0.13 acre of project land. The proposal is for the use of residents at a condominium development. All proposed work is consistent with the current permitting limitations. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the project number excluding the last three digits (P-2413-094) in the docket number field to access the document. For online assistance, contact *FERCOnlineSupport@ferc.gov* or call toll-free
(866)208-3676, for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the addresses in item g. l. Individual desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. o. Agency Comments—Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filling comments, it will be assumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E7-20289 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2407-120] Alabama Power Company; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests October 9, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Temporary Variance of Drawdown Limits. b. *Project No.:* 2407-120. c. *Date Filed:* September 4, 2007. d. *Applicant:* Alabama Power Company. e. *Name of Project:* The Yates and Thurlow Project. f. *Location of Project:* The Yates and Thurlow Project is located on the Tallapoosa River in Tallapoosa and Elmore Counties, Alabama. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Alan L. Peeples, Alabama Power Company, 600 N. 18th Street, P.O. Box 2641, Birmingham, AL 35291,
(205)257-1401. i. *FERC Contact:* Henry Woo,
(202)502-8872. j. Deadline for filing comments, protests, or motions to intervene: October 31, 2007. All documents (original and eight copies) should be filed with: 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 in 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. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. k. *Description of Request:* The Alabama Power Company
(APC)is requesting a temporary variance of the reservoir drawdown limits of the Yates and Thurlow Project license. APC requests that it be allowed to draw down the Thurlow pool to 283.0-284.5 feet from September 4, 2007, to January 11, 2008, for spillway board maintenance. Included in APC's request was concurrence received from the Alabama Department of Conservation and Natural Resources. l. *Locations of the Application:* A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. 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 (P-2407) in the docket number field to access the document. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(g)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. p. *Agency Comments:* Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E7-20317 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Project No: P-803-087 Pacific Gas and Electric Company; Notice of Application Tendered for Filing with the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submission of Final Amendments October 9, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New Major License. b. *Project No.:* P-803-087. c. *Date Filed:* October 2, 2007. d. *Applicant:* Pacific Gas and Electric Company (PG&E). e. *Name of Project:* DeSabla-Centerville Hydroelectric Project. f. *Location:* The existing project is located on Butte Creek and the West Branch Feather River in Butte County, California. The project affects 145.7 acres of federal lands administered by the Lassen National Forest, 2.1 acres of federal lands administered by the Plumas National Forest, and 11.6 acres of federal lands administered by the U.S. Bureau of Land Management. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Randal S. Livingston, Vice President-Power Generation, Pacific Gas and Electric Company, P.O. Box 770000, Mail Code: N11E, San Francisco, CA 94177; Telephone
(415)973-7000. i. *FERC Contact:* Aaron Liberty,
(202)502-6862 or *aaron.liberty@ferc.gov.* j. This application is not ready for environmental analysis at this time. k. *Project Description:* The existing DeSabla-Centerville Hydroelectric Project is composed of three developments, including Toadtown, DeSabla, and Centerville, and has a combined installed capacity of 26,400 kilowatts (kW). The Toadtown development, which diverts water from the West Branch Feather River, consists of the following constructed facilities:
(1)Round Valley Reservoir, a 98 acre reservoir with a gross storage capacity of 1,700 acre-feet;
(2)Round Valley dam, an earthfill dam, 29-feet high and 810-feet long;
(3)a 40-foot wide overflow spillway;
(4)a 15-inch outlet pipe at the base of Round Valley dam, and manual low level outlet valve;
(5)Philbrook Reservoir, a 173 acre reservoir with a gross storage capacity of 4,985 acre-feet;
(6)Philbrook main dam (located on Philbrook Creek), a compacted earthfill dam, 87-feet high and 850-feet long;
(7)Philbrook auxiliary dam (170 feet to the right of the main dam), a compacted earthfill dam, 24-feet high and 470-feet long;
(8)a 29.7-foot wide spillway with 5 flashboard bays;
(9)a 10.75-foot long and 14.75-foot wide spillway with a single, manual radial gate;
(10)a 33-inch diameter, 460-foot long outlet conduit from Philbrook Reservoir;
(11)a 17-foot high, 8-feet diameter submerged vertical concrete intake, controlled by a 30-inch diameter manual needle valve;
(12)Hendricks Head Dam, a concrete gravity dam, 15-feet high with an overflow spillway section 98-feet wide;
(13)a 8.66-mile long Hendricks Canal, composed mostly of earthen ditch with several flume and tunnel sections, with a capacity of 125 cfs;
(14)feeder diversions from 4 creeks into Hendricks/Toadtown canal;
(15)a 40-inch diameter, 1,556-foot long steel penstock;
(16)Toadtown Powerhouse, a 28 by 44 foot reinforced concrete building, with one turbine-generator unit and a normal operating capacity of 1.5 MW;
(17)a 1500-foot long 12 kv tapline connecting Toadtown Powerhouse to a distribution system; and
(18)appurtenant facilities. The DeSabla development, which diverts water from upper Butte Creek and uses the outflow of the Toadtown development, consists of the following constructed facilities:
(1)The 2.4-mile long Toadtown Canal, an earthen canal with a capacity of 125 cfs;
(2)Butte Creek Diversion Dam, a 50-foot high, 100-foot long, concrete arch dam with an overflow spillway;
(3)a 11.4-mile long Butte Canal, composed of earthen berm sections, gunited sections, tunnel sections, a siphon, and flume sections, with a capacity of 91 cfs;
(4)a 0.7-mile long canal that combines Butte Canal with Toadtown Canal, with a capacity of 191 cfs;
(5)feeder diversions from 4 creeks that flow into Butte Canal (1 not in use);
(6)DeSabla Dam, a 50-foot high, 100-foot wide earthen embankment with a spillway canal;
(7)DeSabla Forebay, a 15 acre reservoir with a gross storage capacity of 163 acre-feet (originally 188 acre-feet);
(8)a 66-inch diameter, reduced to 42-inch diameter, 1.3-mile long steel penstock; and
(9)DeSabla Powerhouse, a 26.5 by 41 foot reinforced concrete building, with one turbine generator unit and a normal operating capacity of 18.5 MW;
(10)a 0.25-mile long transmission tapline connecting DeSabla Powerhouse to the 60kV Oro Fino Tap Line; and
(11)appurtenant facilities. The Centerville development, which diverts the flow of Butte Creek downstream of the DeSabla development, consists of the following constructed facilities:
(1)The Upper Centerville Canal, that originates at DeSabla Powerhouse and ends at Helltown Ravine (currently carries a few cfs for local water uses and has not been used for power generation for many years);
(2)Lower Centerville Diversion Dam, a 12-foot high, 72.5 foot-wide concrete arch dam with an overflow spillway;
(3)an 8-mile long Lower Centerville Canal, composed of earthen canal and several flume sections, with a capacity of 183 cfs;
(4)feeder diversions from 3 creeks that flow into Lower Centerville Canal (all 3 no longer in use);
(5)one 30-inch diameter and one 42-inch diameter, reduced to 36-inch diameter, 2,559-foot long steel penstocks;
(6)Centerville Forebay, a 27 by 37 foot concrete header box with a spillway channel;
(7)Centerville Powerhouse, a 32 by 109 foot reinforced concrete building, with two turbine-generator units and a total normal operating capacity of 6.4 MW; and
(8)appurtenant facilities. PG&E operates the project primarily as a run-of-river system and operates on a continuous basis, using the water supply available after satisfaction of the minimum instream flow requirements. During the winter and spring, base flows in the West Branch of the Feather River and Butte Creek typically provide adequate flow for full operation of the Project powerhouses. During the summer months, the available base flow water is augmented by water releases from Round Valley and Philbrook reservoirs. During the fall months, Project powerhouses are operated at reduced capacities due to low stream flows. Water releases from Round Valley reservoir flow down the West Branch Feather River, and water releases from Philbrook reservoir pass down natural channels of Philbrook Creek and the West Branch Feather River about 8 miles to Hendricks Head dam. Then water is conveyed in the Hendricks canal, through Toadtown Powerhouse, then into the Toadtown canal. From this point, the water is conveyed in the Butte Creek canal to DeSabla Forebay then discharged into Butte Creek. Water flow is then diverted into the Lower Centerville canal to the Centerville header box, through the Centerville Powerhouse, and finally discharged to Butte Creek. PG&E proposes to continue operating the Project with no change to Project generation facilities or features other than adoption of resource management measures and the deletion of five feeder diversions. l. *Locations of the Application:* 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. m. 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 application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate. Milestone Target date Tendering Notice October 9, 2007. Remaining Study Results Due February 15, 2008. Notice of Acceptance / Notice of Ready for Environmental Analysis March 17, 2008. Filing of recommendations, preliminary terms and conditions, and fishway prescriptions May 16, 2008. Commission issues Draft EA November 12, 2008. Comments on Draft EA December 12, 2008. Modified terms and conditions February 10, 2009. Commission issues Final EA May 11, 2009. o. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Kimberly D. Bose, Secretary. [FR Doc. E7-20318 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Technical Conference and Extension of Comment Date October 9, 2007. Direct Energy Services, LLC, Docket No. RC07-4-000. Sempra Energy Solutions LLC, Docket No. RC07-6-000. Strategic Energy, L.L.C., Docket No. RC07-7-000. Take notice that on October 12, 2007, a technical conference will be held at the Federal Energy Regulatory Commission to discuss appeals of the North American Electric Reliability Corporation's
(NERC)compliance registry determinations regarding Direct Energy Services, LLC (Direct), Sempra Energy Solutions LLC (Sempra) and Strategic Energy, L.L.C. (Strategic). This technical conference was established in an Order Establishing Technical Conference in the above dockets, issued September 26, 2007. 1 It will be held at the headquarters of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC from 11 a.m.-2 p.m. (EST). 1 *Direct Energy Services, LLC, et al.* , 120 FERC ¶ 61,280 (2007). The technical conference will consist of a discussion between Commission staff and representatives of NERC and ReliabilityFirst Corporation (ReliabilityFirst). Direct, Sempra and Strategic are also invited to participate. The primary question to be addressed is whether NERC has adequately justified its determination that ReliabilityFirst properly registered Direct, Sempra and Strategic as load-serving entities (LSEs). NERC and ReliabilityFirst will be asked to address issues concerning the decision to register Direct, Sempra and Strategic, including but not limited to: the nature and extent of any gap in reliability that may result from their not being registered as an LSE; the circumstances within the ReliabilityFirst region that justify their registration as LSEs, while other Regional Entities have registered retail power marketers only as purchasing-selling entities; the identification of the Reliability Standard requirements that would apply to a retail power marketer registered as an LSE; support for the conclusions
(i)that the loads served by Direct, Sempra and Strategic are directly connected to the Bulk-Power System and
(ii)that retail power marketers within the ReliabilityFirst region, in the aggregate, impact Bulk-Power System reliability; and alternative solutions for addressing any reliability gaps that may be identified. The conference is open for the public to attend. The conference will not be transcribed and telephone participation will not be available. The Commission will accept written comments on the discussion at this technical conference no later than 5 p.m. Eastern Time on October 29, 2007. Further, in notices of filing issued September 17, 2007, in the above-captioned dockets, the Commission set an October 11, 2007 comment date for the submission of interventions, comments and protests. The Commission is extending the comment date for the submission of interventions, comments and protests in the above-captioned dockets until October 29, 2007, to coincide with the comment due date for comments on the discussion at the technical conference. Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free 1-866-208-3372 (voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. For more information about this conference, please contact: Sarah McKinley, Office of External Affairs, Federal Energy Regulatory Commission,
(202)502-8004, *sarah.mckinley@ferc.gov.* Kimberly D. Bose, Secretary. [FR Doc. E7-20316 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Docket No. AD07-13-000 Conference on Enforcement Policy; Second Notice of Conference October 4, 2007. As announced in the “First Notice of Conference on Enforcement,” issued on July 11, 2007, the Federal Energy Regulatory Commission (Commission) will hold a conference on November 16, 2007, to examine the implementation of its enforcement authority as expanded by the Energy Policy Act of 2005 (EPAct 2005). 1 The conference will be held in the Commission Meeting Room at the Commission's headquarters located at 888 First Street, NE., Washington, DC 20426. 1 Pub. L. 109-58, 119 Stat. 594 (2005). The purpose of the conference is to assess the enforcement program implemented by the Commission during the first two years after passage of EPAct 2005 primarily as it pertains to the additional subject matter authority and the expanded civil penalty authority in Part II of the Federal Power Act 2 and the Natural Gas Act. 3 2 16 U.S.C.§ §791a *et seq.* (2000). 3 15 U.S.C.§ §717 *et seq.* (2000). The tentative schedule and topics for the conference are as follows: 9 a.m.-9:30 a.m.—Opening Remarks 9:30 a.m.-11 a.m.—First Panel— *The First Two Years of EPAct Enforcement* 11 a.m.-11:10 a.m.—Break 11:10 a.m.-12:30 p.m.—Second Panel— *How Enforcement Fits into the Commission's Mission* 12:30 p.m.-1:30 p.m.—Lunch break 1:30 p.m.-3 p.m.—Third Panel— *Enforcement of Reliability Standards* 3 p.m.-3:15 p.m.—Closing Remarks The first panel will focus on an overview of enforcement from a broad policy perspective, including how the Commission balances a firm approach to enforcement of its major rules, regulations, and orders with fair treatment of all persons that may be subject to remedies and sanctions for their conduct. The discussion will examine how the Commission can best achieve compliance with regulatory requirements, and will address how the Commission evaluates enforcement cases, including self-reported violations and matters that result in no penalty, and how companies subject to investigation can best respond to the Commission. The second panel will focus on how entities relate to the Commission in light of the newly enhanced EPAct 2005 enforcement authority and the Commission's ongoing regulatory functions. The discussion will examine when companies should direct inquiries or problems to the Office of Enforcement and when they should be directed to other Commission program offices. The Commission is interested in how well the Commission responds to matters that involve regulatory policy as well as having enforcement aspects. In addition, the discussion will focus on the relationship between the Commission's audit functions and enforcement activity and whether the No-Action Letter program 4 is useful in obtaining guidance on potential enforcement issues. 4 *Informal Staff Advice on Regulatory Requirements* , 113 FERC ¶ 61,174 (2005), *as modified by* 117 FERC 61,069 (2006). The third panel will focus on reliability issues. With the new responsibilities given to the Commission by EPAct 2005 with respect to the reliability of the nation's bulk power system, the Commission has approved numerous reliability standards that now are mandatory, and has authorized an enforcement mechanism through Regional Entities and the Electric Reliability Organization (ERO). This discussion will look at how the Regional Entities and the ERO are processing self-reported violations and other compliance matters, and will address emerging practical issues of enforcement as well as the Commission's own authority to enforce mandatory reliability standards and its interest in the most effective way to achieve compliance with the standards. A further notice will be issued before the conference to finalize the conference format and schedule. The Commission anticipates that it will also issue background material to assist in framing the discussion. Also, we note that the following topics will not be discussed as they are involved in or implicated by pending Commission proceedings: standards of conduct, market monitoring, transparency, and market manipulation. To ensure adequate time to engage in a meaningful dialog, participants on each panel will be limited to four or five people. Anyone interested in participating as a panelist may contact Anna Cochrane, Deputy Director of the Office of Enforcement, by e-mail at *anna.cochrane@ferc.gov* or by phone at
(202)502-8100. As previously noted, all interested persons are invited to attend the conference, and there is no registration fee to attend. The conference will not be transcribed but will be web cast. A free web cast of this event will be available through *http://www.ferc.gov* . Anyone with Internet access who desires to view this event can do so by navigating to *http://www.ferc.gov's* Calendar of Events and locating this event in the Calendar. The event will contain a link to its web cast. The Capitol Connection provides technical support for the web casts and offers access to the meeting via phone bridge for a fee. If you have any questions, you may visit *http://www.CapitolConnection.org* or contact Danelle Perkowski or David Reininger at 703-993-3100. FERC conferences and meetings 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. Kimberly D. Bose, Secretary. [FR Doc. E7-20290 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP07-398-000; CP07-399-000; CP07-400-000; CP07-401-000; CP07-402-000] Gulf Crossing Pipeline Company, LLC; Gulf South Pipeline Company, L.P; Notice of Applicant Meeting October 5, 2007. On October 11, 2007, the Office of Energy Projects
(OEP)staff will meet with representatives of Gulf Crossing Pipeline Company, LLC (Gulf Crossing); co-applicant in the above referenced dockets. Gulf Crossing requests the meeting to discuss the possible reconfiguration of some of the compressor stations proposed in the Gulf Crossing Project. Gulf Crossing will present details of, and reasons for, the possible modification to its certificate application. Gulf Crossing and OEP Staff will discuss the proposed timing of the amendment to the certificate application and any impact to the project schedule. For additional information, please contact the Commission's Office of External Affairs at 1-866-208-FERC. Kimberly D. Bose, Secretary. [FR Doc. E7-20297 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD07-15-000] State of the Natural Gas Industry Conference; Notice of Commission Conference October 5, 2007. The Federal Energy Regulatory Commission will hold a conference on November 6, 2007, from 9:30 a.m. to 12:30 p.m. (EST), in the Commission Meeting Room on the second floor of the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. All interested persons may attend; there is no registration and no fee. The conference will provide the Commission the opportunity to hear from knowledgeable industry experts and discuss the challenges facing the natural gas industry and its customers. A future notice will provide greater detail. Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. Additionally, Capitol Connection offers the opportunity for remote listening and viewing of the conference. It is available for a fee, live over the Internet, by phone, or via satellite. Persons interested in receiving the broadcast, or who need information on making arrangements should contact David Reininger or Julia Morelli at the Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.gmu.edu* and click on “FERC.” 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 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. Additional details and the agenda for this conference will be included in a subsequent notice. For more information about the conference, please contact John Schnagl at
(202)502-8756 ( *john.schnagl@ferc.gov* ). Kimberly Bose, Secretary. [FR Doc. E7-20299 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 October 10, 2007. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP03-36-028. *Applicants:* Dauphin Island Gathering Partners. *Description:* Dauphin Island Gathering Partners submits its Thirty-Fourth Revised Sheet 9 *et al.* to its FERC Gas Tariff, First Revised Volume 1, to become effective 11/4/07. *Filed Date:* 10/04/2007. *Accession Number:* 20071005-0075. *Comment Date:* 5 p.m. Eastern Time on Tuesday, October 16, 2007. *Docket Numbers:* RP03-323-013. *Applicants:* *Williston Basin Interstate Pipeline Co.* *Description: Williston Basin Interstate Pipeline Company submits negotiated Rate Schedule FT-1 Service Agreement.* *Filed Date: 10/02/2007.* *Accession Number: 20071003-0228.* *Comment Date:* 5 p.m. Eastern Time on Monday, October 15, 2007. *Docket Numbers:* RP06-200-037. *Applicants:* Rockies Express Pipeline LLC. *Description:* Rockies Express Pipeline LLC submits Thirtieth Revised Sheet 22 *et al.* to FERC Gas Tariff, First Revised Volume 1 to be effective 10/10/07. *Filed Date:* 10/09/2007. *Accession Number:* 20071010-0079. *Comment Date:* 5 p.m. Eastern Time on Monday, October 22, 2007. *Docket Numbers:* RP97-255-076. *Applicants:* TransColorado Gas Transmission Company. *Description:* TransColorado Gas Transmission Co submits Fifteenth Revised Sheet 21 *et al.* to FERC Gas Tariff, First Revised Volume 1 to be effective 9/9/07. *Filed Date:* 10/09/2007. *Accession Number:* 20071010-0080. *Comment Date:* 5 p.m. Eastern Time on Monday, October 22, 2007. *Docket Numbers:* RP08-14-001. *Applicants:* Texas Eastern Transmission LP. *Description:* Texas Eastern Transmission, LP re-submits the entire Service Agreement including the corrected Exhibit A as well as the accompanying redlines comparing the agreement to its 10/1/07 filing. *Filed Date:* 10/04/2007. *Accession Number:* 20071009-0091. *Comment Date:* 5 p.m. Eastern Time on Tuesday, October 16, 2007. *Docket Numbers:* RP08-19-000. *Applicants:* Guardian Pipeline, L.L.C. *Description:* Guardian Pipeline LLC submits Original Sheet 7 *et al.* to its FERC Gas Tariff, Original Volume 1, to become effective 11/1/07. *Filed Date:* 10/04/2007. *Accession Number:* 20071005-0076. *Comment Date:* 5 p.m. Eastern Time on Tuesday, October 16, 2007. *Docket Numbers:* RP08-20-000. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Company submits Third Revised Sheet 153 *et al.* to FERC Gas Tariff, Fifth Revised Volume 1. *Filed Date:* 10/05/2007. *Accession Number:* 20071009-0092. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 17, 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. E7-20339 Filed 10-15-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OW-2003-0064, FRL-8482-7] U.S. EPA's National Clean Water Act Recognition Awards Presentation During the Water Environment Federation's Technical Exposition and Conference (WEFTEC), and Announcement of 2007 National Awards Winners AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Environmental Protection Agency recognized municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs. An inscribed plaque was presented to first and second place national winners at the annual Clean Water Act Recognition Awards presentation during the Water Environment Federation's Technical Exposition and Conference (WEFTEC). Recognition is made every year for outstanding programs and projects in operations and maintenance at wastewater treatment facilities, biosolids management and public acceptance, municipal implementation and enforcement of local pretreatment programs, cost-effective storm water controls, and combined sewer overflow controls. This action also announces the 2007 national awards winners. DATES: Monday, October 15, 2007, 11:30 a.m. to 1 p.m. ADDRESSES: The national awards presentation ceremony was held at the San Diego Convention Center, San Diego, California. FOR FURTHER INFORMATION CONTACT: William Hasselkus, Telephone:
(202)564-0664. Facsimile Number:
(202)501-2396. E-Mail: *hasselkus.william@epa.gov.* Also visit the Office of Wastewater Management's Web page at *http://www.epa.gov/owm.* SUPPLEMENTARY INFORMATION: The Clean Water Act Recognition Awards are authorized by section 501(a) and
(e)of the Clean Water Act, and 33 U.S.C. 1361(a) and (e). Applications and nominations for the national awards are recommended by EPA regions. A regulation establishes a framework for the annual recognition awards program at 40 CFR part 105. EPA announced the availability of application and nomination information for this year's awards (72 FR 26632, May 10, 2007). The awards program enhances national awareness of municipal wastewater treatment and encourages public support of programs targeted to protecting the public's health and safety and the nation's water quality. State water pollution control agencies and EPA regional offices make recommendations to headquarters for the national awards. Programs and projects being recognized are in compliance with applicable water quality requirements and have a satisfactory record with respect to environmental quality. Municipalities and industries are recognized for their demonstrated creativity and technological achievements in five awards categories as follows:
(1)Outstanding Operations and Maintenance practices at wastewater treatment facilities;
(2)Exemplary Biosolids Management projects, technology/innovation or development activities, research and public acceptance efforts;
(3)Pretreatment Program Excellence;
(4)Storm Water Management Excellence; and,
(5)Outstanding Combined Sewer Overflow Control programs. The winners of the EPA's 2007 National Clean Water Act Recognition Awards are listed below by category. Category: Outstanding Operations and Maintenance Awards First Place Sub-category Kent County Regional Wastewater Treatment Facility, Milford, Delaware Large Advanced Plant. Persigo Wastewater Treatment Facility, Grand Junction, Colorado Large Secondary Treatment Plant. Kalispell Advanced Wastewater Treatment and Biological Nutrient Removal Facility, Kalispell, Montana Medium Advanced Plant. Douglasville-Douglas County Water and Sewer Authority, South Central Urban Water Reuse Facility, Douglasville, Georgia Small Non-Discharging Plant. Village of Trempealeau Wastewater Treatment Facility, Trempealeau, Wisconsin Small Secondary Plant. Southern Ute Indian Tribe Wastewater Treatment Plant, Ignacio, Colorado Small Advanced Plant. Second Place Sub-category Flat Creek Water Reclamation Facility, Gainesville, Georgia Large Advanced Plant. City of Groton, Connecticut Water Pollution Control Facility, Groton, Connecticut Medium Advanced Plant. Barona Band of Mission Indians, Lakeside, California Small Advanced Plant. Category: Exemplary Biosolids Management Awards First Place Sub-category Ocean County Utilities Authority, Bayville, New Jersey Greater than 5 dry tons per day. City of Albany, Oregon, Albany, Oregon Less than 5 dry tons per day. University of Washington (Biosolids to Biodiesel), Seattle, Washington Research and Innovation Activities. Columbus Water Works, Atlanta, Georgia Technology Development Activities. Second Place Southside Wastewater Treatment Plant, Dallas, Texas Greater than 5 dry tons per day. Category: Outstanding Pretreatment Program Awards First Place Sub-category Tri-Cities: Vandalia, Tipp City, Huber Heights, Ohio, Dayton, Ohio 0-5 Significant Industrial Users (SIUs). City of Longmont, Colorado, Longmont, Colorado 6-20 SIUs. Jacksonville Electric Authority, Jacksonville, Florida 21 or more SIUs. Second Place Big Dry Creek Wastewater Treatment Facility, Westminster, Colorado 0-5 SIUs. Persigo Wastewater Treatment Facility, Grand Junction, Colorado 6-20 SIUs. Austin Water Utility, Austin, Texas 21 or more SIUs. Category: Outstanding Storm Water Management Awards First Place Sub-category City of Oakland Watershed Improvement Program, Oakland, California Municipal Program. Caltrans Stormwater Management Program, Sacramento, California Municipal Program. Dated: October 4, 2007. Judy Davis, Acting Director, Office of Wastewater Management. [FR Doc. E7-20373 Filed 10-15-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2007-0484; FRL-8482-8] Board of Scientific Counselors, National Center for Environmental Research
(NCER)Standing Subcommittee Meeting—2007 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors
(BOSC)National Center for Environmental Research
(NCER)Standing Subcommittee. DATES: The meeting (a teleconference call) will be held on Thursday, November 1, 2007 from 1 p.m. to 3 p.m. All times noted are eastern time. The meeting may adjourn early if all business is finished. Requests for the draft agenda or for making oral presentations at the conference call will be accepted up to 1 business day before the meeting. ADDRESSES: Participation in the meeting will be by teleconference only—meeting rooms will not be used. Members of the public may obtain the call-in number and access code for the call from Susan Peterson, whose contact information is listed under the FOR FURTHER INFORMATION CONTACT section of this notice. Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2007-0484, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail:* Send comments by electronic mail (e-mail) to: *ORD.Docket@epa.gov* , Attention Docket ID No. EPA-HQ-ORD-2007-0484. • *Fax:* Fax comments to:
(202)566-0224, Attention Docket ID No. EPA-HQ-ORD-2007-0484. • *Mail:* Send comments by mail to: Board of Scientific Counselors, National Center for Environmental Research
(NCER)Standing Subcommittee—2007 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-ORD-2007-0484. • *Hand Delivery or Courier.* Deliver comments to: EPA Docket Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC., Attention Docket ID No. EPA-HQ-ORD-2007-0484. Note: this is not a mailing address. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2007-0484. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Board of Scientific Counselors, National Center for Environmental Research
(NCER)Standing Subcommittee—2007 Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the ORD Docket is
(202)566-1752. FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via mail at: Susan Peterson, Mail Code 8104-R, Office of Science Policy, Office of Research and Development, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice mail at:
(202)564-1077; via fax at:
(202)565-2911; or via e-mail at: *peterson.susan@epa.gov* . SUPPLEMENTARY INFORMATION: General Information Participation in the meeting will be by teleconference only—meeting rooms will not be used. Members of the public who wish to obtain the call-in number and access code to participate in the conference call may contact Susan Peterson, the Designated Federal Officer, via any of the contact methods listed in the FOR FURTHER INFORMATION CONTACT section above, by 4 working days prior to the conference call. The purpose of the meeting is to discuss the subcommittee's input to their draft letter report and follow-up from their September 11, 2007 teleconference. Proposed agenda items for the conference call include, but are not limited to: Discussion of each of the three workgroups' recommendations, format of the draft letter report, and how it responds to the charge question to the subcommittee. The conference call is open to the public. *Information on Services for Individuals with Disabilities:* For information on access or services for individuals with disabilities, please contact Susan Peterson at
(202)564-1077 or *peterson.susan@epa.gov* . To request accommodation of a disability, please contact Susan Peterson, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: October 10, 2007. Mimi Dannel, Acting Director, Office of Science Policy. [FR Doc. E7-20348 Filed 10-15-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested October 10, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before November 15, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via Internet at *Nicholas_A._Fraser@omb.eop.gov* or via fax at
(202)395-5167 and to Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC or via Internet at *Cathy.Williams@fcc.gov* or *pra@fcc.gov.* To view a copy of this information collection request
(ICR)submitted to OMB:
(1)Go to the web page *http://www.reginfo.gov/public/do/PRAMain,*
(2)look for the section of the web page called “Currently Under Review,”
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box,
(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB control number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR.” FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Cathy Williams at
(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1078. *Title:* Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, CG Docket No. 04-53. *Form Number:* Not applicable. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households; business or other for-profit entities; not-for-profit institutions. *Number of Respondents:* 5,443,287. *Estimated Time per Response:* 1-10 hours (average per response). *Frequency of Response:* Recordkeeping requirement; On occasion reporting requirements; third party disclosure requirement. *Obligation To Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 30,254,598 hours. *Total Annual Cost:* $13,639,892. *Nature and Extent of Confidentiality:* Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's system of records notice (SORN), FCC/CGB-1, “Informal Complaints and Inquiries.” *Privacy Act Impact Assessment:* Yes. The Privacy Impact Assessment was completed on June 28, 2007. It may be reviewed at: *http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.* *Needs and Uses:* The reporting requirements included under this OMB Control Number 3060-1078 enables the Commission to collect information regarding violations of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act). This information is used to help wireless subscribers stop receiving unwanted commercial mobile services messages. On August 12, 2004, the Commission released an *Order* , Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, CG Docket No. 04-53, FCC 04-194, adopting rules to prohibit the sending of commercial messages to any address referencing an Internet domain name associated with wireless subscribers’ messaging services, unless the individual addressee has given the sender express prior authorization. The information collection requirements consist of 47 CFR 64.3100 (a)(4), (d),
(e)and
(f)of the Commission's rules. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-20341 Filed 10-15-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL TRADE COMMISSION [File No. 071 0101] Kyphon Inc., Disc-O-Tech Medical Technologies Ltd. (Under Voluntary Liquidation), and Discotech Orthopedic Technologies Inc.; Analysis of Agreement Containing Consent Orders to Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed Consent Agreement. SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before November 8, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Kyphon Inc., File No. 071 0101,” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to e-mail messages directed to the following e-mail box: *consentagreement@ftc.gov* . The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at *http;//www.ftc.gov.* As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at *http://www.ftc.gov/ftc/privacy.htm* . FOR FURTHER INFORMATION CONTACT: Jonathan S. Klarfeld
(202)326-3187, Bureau of Competition, Room NJ-5108, 600 Pennsylvania Avenue, NW., Washington, DC 20580. 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty
(30)days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for October 9, 2007), on the World Wide Web, at *http://www.ftc.gov/os/2007/10/index.htm* . A paper copy can be obtained from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or by calling
(202)326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the **ADDRESSES** section above, and must be received on or before the date specified in the **DATES** section. Analysis of Agreement Containing Consent Order to Aid Public Comment I. Introduction The Federal Trade Commission (“Commission”) has accepted, subject to final approval, an Agreement Containing Consent Orders (“Consent Agreement”) from Kyphon Inc. (“Kyphon”) and Disc-O-Tech Medical Technologies Ltd. (Under Voluntary Liquidation) and Discotech Orthopedic Technologies Inc. (collectively “Disc-O-Tech”). The purpose of the proposed Consent Agreement is to remedy the anticompetitive effects that would otherwise result from Kyphon’s acquisition of Disc-O-Tech’s Confidence assets. Under the terms of the proposed Consent Agreement, Kyphon and Disc-O-Tech are required to divest all assets (including intellectual property) related to Disc-O-Tech’s Confidence business to a third party, enabling that third party to manufacture and sell the Confidence cement and delivery system for the treatment of vertebral compression fractures. The proposed Consent Agreement has been placed on the public record for thirty days to solicit comments from interested persons. Comments received during this period will become part of the public record. After thirty days, the Commission will again review the proposed Consent Agreement and the comments received, and will decide whether it should withdraw the proposed Consent Agreement or make it final. On December 20, 2006, Kyphon agreed to acquire certain spine-related assets from Disc-O-Tech, including the intellectual property, sales agreements, and other assets relating to Disc-O-Tech’s B-Twin, SKy Bone Expander, and Confidence product lines for approximately $220 million (the “Acquisition”). The Commission’s complaint alleges that the proposed acquisition of the assets related to the Confidence system, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. § 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45, by removing an actual, direct, and substantial competitor from the U.S. market for minimally invasive vertebral compression fracture (“MIVCF”) treatment products. The proposed Consent Agreement would remedy the alleged violation by requiring a divestiture that will replace the competition that otherwise would be lost in this market as a result of the Acquisition. II. The Parties Kyphon develops and markets medical devices used to restore and preserve spinal function and diagnose the source of low back pain, including products used to treat vertebral compression fractures in a minimally invasive manner. In 2006, Kyphon reported worldwide sales of approximately $408 million, and U.S. sales of $324 million. Disc-O-Tech, an Israeli corporation and its U.S. subsidiary that develops, manufactures, and sells products for minimally invasive orthopedic surgeries, introduced the Confidence system to the U.S. market in July 2006. Disc-O-Tech’s global revenues were approximately $14 million in 2006. III. Minimally Invasive Vertebral Compression Fracture Treatments Vertebral compression fractures (“VCFs”) occur when one or more vertebral bodies collapse. Osteoporosis, a degenerative bone disease that largely affects elderly women, causes the vast majority of VCFs, but they can also be caused by cancerous tumors or traumatic injury. For some patients, VCFs cause extreme, persistent, and debilitating pain. Doctors and their patients have few ways to effectively treat VCFs. In the past, physicians most commonly treated VCF patients with a variety of pain management techniques such as back braces, bed rest, and pain medication. For many patients, these techniques do not control the pain associated with VCFs and could lead to later health problems. Open surgery involving the placement of metal hardware is rarely performed to repair a VCF because the patients are typically elderly and not good candidates for successful procedures. MIVCF treatments were developed to provide doctors and their patients with a VCF treatment that is more effective than pain management and safer and more effective than open surgery. Vertebroplasty, the first MIVCF treatment to be introduced, involves the injection of a fairly liquid polymethylmethacrylate bone cement into the fractured vertebral body under fluoroscopy image guidance. The bone cement sets quickly, stabilizing the fracture and eliminating painful movement of loose bone in the vertebra. Vertebroplasty effectively relieves pain, but many doctors have safety concerns regarding the risk of the liquid bone cement leaking out of the vertebral body. Kyphoplasty, introduced by Kyphon in 1999, is similar to vertebroplasty, except that the physician performs the additional step of inflating one or two balloons inside the vertebral body before injecting the bone cement. The principal advantage of kyphoplasty is that the inflation of the balloons creates a cavity into which the bone cement can flow, reducing the likelihood that cement will leak outside of the vertebral body. Kyphoplasty may have the additional benefit of helping to restore the vertebral body towards its pre-fracture shape and height. Because of its safety advantage and other perceived advantages, kyphoplasty is the most widely used MIVCF treatment product in the United States. Because of the superiority of MIVCF treatment products over alternatives, the relevant product market in which to analyze the competitive effects of the Acquisition is no larger than MIVCF treatment products. The relevant geographic market is the United States. MIVCF treatment products are medical devices that are regulated by the United States Food and Drug Administration (“FDA”). MIVCF treatment products sold outside the United States, but not approved for sale in the United States, are not viable alternatives for U.S. consumers and hence are not in the relevant market. Kyphon’s premium-priced kyphoplasty product dominates the MIVCF treatment product market with more than a ninety percent share based on revenues. Disc-O-Tech’s Confidence system is the first MIVCF treatment product that uses a highly viscous cement. Both Kyphon’s product, which uses balloons, and Disc-O-Tech’s product, which uses a highly viscous cement, have substantially lower risks of leakage from the vertebral body following injection than do the “traditional” vertebroplasty products offered by numerous other firms. All of the latter inject a low viscosity cement. As a result, Disc-O-Tech’s Confidence system is poised to become a closer substitute for Kyphon’s product than are the traditional vertebroplasty products. For this reason, traditional vertebroplasty products will not constrain the prices for Kyphon’s product to the same extent that Disc-O-Tech’s Confidence system would, absent its acquisition by Kyphon. There are other competitors in the MIVCF treatment product market, including Medtronic and Spineology, but none provides the near-term competitive threat to Kyphon posed by Disc-O-Tech’s offering. Medtronic has had limited success selling its Arcuate XP product to date, and its product appears to hold limited growth prospects. Spineology’s MIVCF offering has been and appears likely to remain a niche product that competes primarily for younger VCF patients. Although several additional firms are attempting to enter the MIVCF treatment product market, the time line for commercialization of these products is significantly behind that of the Confidence system, and none appears to have the Confidence system’s immediate prospects for success. IV. Competitive Effects and Entry Conditions The Acquisition would cause significant competitive harm in the market for MIVCF treatment products. Confidence is Kyphon’s principal competitive threat, and, but for the Acquisition, would make significant inroads into Kyphon’s near-monopoly position. Because both products offer a safe method for treating VCFs, many physicians consider the Confidence system to be the best alternative to kyphoplasty, particularly for elderly osteoporotic patients who receive the vast majority of kyphoplasty treatments. By eliminating such a close competitor, the Acquisition would likely allow Kyphon to unilaterally raise prices in the MIVCF treatment market. The anticompetitive effects of the Acquisition are exacerbated by the fact that it appears to have been undertaken with the specific goal of precluding other major spine companies from acquiring Confidence and marketing it against kyphoplasty, which would have happened had Kyphon not acquired Confidence itself. By enabling Kyphon, rather than a major spine company, to control the further development and positioning of Confidence, Kyphon would be able to avoid the competition that it otherwise would have faced in the MIVCF treatment product market. As such, the Acquisition, if consummated, would have a significant, adverse effect on competition. New entry is not likely to avert the anticompetitive effects of the proposed transaction. It likely would take more than two years for a would-be entrant to develop a product, conduct clinical trials, and submit the product for FDA approval. After submitting an application for FDA clearance or approval, a firm must wait for the FDA to review the material and respond to any questions the FDA may have. In addition to the development and regulatory time requirements for firms seeking to enter the MIVCF treatment product market, there are substantial intellectual property barriers an entrant must overcome. Patent litigation among competitors in this market is ongoing, and key patents act as a major obstacle to any prospective entrant. As such, any new MIVCF treatment device of any competitive significance would have to be designed around existing patents. Finally, even after a non-infringing design is developed and the product is manufactured, a firm would still need to establish a U.S. sales and marketing force. Considering all these factors, entry into the manufacture and sale of MIVCF treatment products is likely to take longer than two years. Thus, timely and sufficient entry in response to a small but significant price increase is extremely unlikely. V. The Proposed Consent Agreement The parties have agreed, pursuant to the proposed Consent Agreement, to divest Disc-O-Tech’s Confidence assets to a Commission-approved acquirer no later than 60 days after the Commission accepts the Consent Agreement for public comment, effectively remedying the Acquisition’s anticompetitive effects in the MIVCF treatment product market. The Consent Agreement requires that the parties divest all assets relating to the Confidence system, including tangible property, intellectual property, and any permits and licenses that are necessary to manufacture, distribute, and sell the Confidence system. In addition, the parties must divest the rights to certain Disc-O-Tech development efforts related to the Confidence system. To the extent that an acquirer of the Confidence assets requires additional assets not included in the asset package, the Consent Agreement requires Kyphon to provide a license to any other assets it acquired from Disc-O-Tech, which will ensure that the acquirer will be able to immediately enter the MIVCF treatment product market and remain a viable competitor. The proposed Consent Agreement contains several provisions to help ensure that the divestiture is successful. First, the Commission will evaluate possible purchasers of the divested assets to ensure that the competitive environment that would have existed but for the transaction is restored. If the parties do not divest the Confidence assets within the 60-day time period to a Commission-approved buyer, or if Kyphon closes on the acquisition of the Confidence assets, the Consent Agreement provides for the Commission to appoint a trustee to divest the assets. Second, Disc-O-Tech is required to provide transitional services to the Commission-approved buyer. These transitional services, which are similar in form to what Disc-O-Tech would have provided to Kyphon, may be necessary for a smooth transition of the Confidence assets to the acquirer and to ensure continued and uninterrupted service to customers during the transition. The Consent Agreement also requires that Kyphon covenant not to sue the acquirer of the Confidence assets for infringing any intellectual property Kyphon acquired from Disc-O-Tech that is not being divested. This covenant covers not only the Confidence assets, but also extends to any developments an acquirer might make to the Confidence assets. This provision is designed as a safety net to ensure that Kyphon does not interfere with the acquirer’s freedom to compete in the U.S. MIVCF treatment product market with a patent infringement lawsuit based on former Disc-O-Tech intellectual property. Finally, to ensure that the Commission will have an opportunity to review any attempt by Kyphon to acquire or license any of the Confidence assets at any time within the next two years, the proposed Consent Agreement contains a prior notice provision committing Kyphon to an H-S-R framework, even if such a transaction otherwise would be non-reportable. The Order to Hold Separate and Maintain Assets that is included in the Consent Agreement requires that Disc-O-Tech maintain the viability of the Confidence business as a competitive operation until the business is transferred to a Commission-approved buyer. Specifically, Disc-O-Tech must maintain the confidentiality of sensitive business information, and take all actions required to prevent the destruction or wasting of the Confidence assets. Kyphon may not interfere with the Confidence business during the pendency of the divestiture by having any involvement in the Confidence business, making offers of employment to Disc-O-Tech employees involved in the Confidence business before the Confidence assets are divested, or interfering with Disc-O-Tech’s suppliers of materials for the Confidence product. The purpose of this analysis is to facilitate public comment on the proposed Consent Agreement, and it is not intended to constitute an official interpretation of the proposed Decision and Order or to modify its terms in any way. By direction of the Commission, with Commissioners Harbour and Kovacic recused. Donald S. Clark, Secretary. [FR Doc. E7-20325 Filed 10-15-07: 8:45 am] [Billing Code: 6750-01-S] DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Training Program for Regulatory Project Managers; Information Available to Industry AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)Center for Drug Evaluation and Research
(CDER)is announcing the continuation of the Regulatory Project Management Site Tours and Regulatory Interaction Program (the Site Tours Program). The purpose of this document is to invite pharmaceutical companies interested in participating in this program to contact CDER. DATES: Pharmaceutical companies may submit proposed agendas to the agency by December 17, 2007. ADDRESSES: Submit written proposed agendas regarding the Site Tours Program to Beth Duvall-Miller, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, rm. 6466, Silver Spring, MD 20993-0002. You can also reach Beth Duvall-Miller by telephone at 301-796-0700 or by e-mail at *elizabeth.duvallmiller@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Background An important part of CDER's commitment to make safe and effective drugs available to all Americans is optimizing the efficiency and quality of the drug review process. To support this primary goal, CDER has initiated various training and development programs to promote high performance in its regulatory project management staff. CDER seeks to enhance significantly review efficiency and review quality by providing the staff with a better understanding of the pharmaceutical industry and its operations. To this end, CDER is continuing its training program to give regulatory project managers the opportunity to tour pharmaceutical facilities. The goals are to provide the following:
(1)Firsthand exposure to industry's drug development processes and
(2)a venue for sharing information about project management procedures (but not drug-specific information) with industry representatives. II. The Site Tours Program In this program, over a 2- to 3-day period, small groups (five or less) of regulatory project managers, including a senior level regulatory project manager, can observe operations of pharmaceutical manufacturing and/or packaging facilities, pathology/toxicology laboratories, and regulatory affairs operations. Neither this tour nor any part of the program is intended as a mechanism to inspect, assess, judge, or perform a regulatory function, but is meant rather to improve mutual understanding and to provide an avenue for open dialogue. During the Site Tours Program, regulatory project managers will also participate in daily workshops with their industry counterparts, focusing on selective regulatory issues important to both CDER staff and industry. The primary objective of the daily workshops is to learn about the team approach to drug development, including drug discovery, preclinical evaluation, tracking mechanisms, and regulatory submission operations. The overall benefit to regulatory project managers will be exposure to project management, team techniques, and processes employed by the pharmaceutical industry. By participating in this program, the regulatory project manager will grow professionally by gaining a better understanding of industry processes and procedures. III. Site Selection All travel expenses associated with the site tours will be the responsibility of CDER; therefore, selection will be based on the availability of funds and resources for each fiscal year. Firms interested in offering a site tour or learning more about this training opportunity should respond by (see DATES ) by submitting a proposed agenda to Beth Duvall-Miller (see ADDRESSES ). Dated: October 9, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-20430 Filed 10-15-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request Periodically, the Health Resources and Services Administration
(HRSA)publishes abstracts of information collection requests under review by the Office of Management and Budget (OMB), in compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). To request a copy of the clearance requests submitted to OMB for review, call the HRSA Reports Clearance Office on
(301)443-1129. The following request has been submitted to the Office of Management and Budget for review under the Paperwork Reduction Act of 1995: Proposed Project The HRSA Uniform Progress Report
(UPR)is used for the preparation and submission of continuation applications for Title VII and VIII health professions and nursing education and training programs. The UPR measures grantee success in meeting
(1)the objectives of the grant project, and
(2)the cross-cutting outcomes developed for the Bureau of Health Professions' education and training programs. Part I of the progress report is designed to collect information to determine whether sufficient progress has been made on the approved project objectives, as grantees must demonstrate satisfactory progress to warrant continuation of funding. Part II collects information on activities specific to a given program. Part III, the Comprehensive Performance Management System (CPMS), collects data on overall project performance related to the Bureau's strategic goals, objectives, outcomes, and indicators. Progress will be measured based on the objectives of the grant project, and outcome measures and indicators developed by the Bureau to meet requirements of the Government Performance and Results Act (GPRA). The Bureau has simplified several tables in UPR II and added the ability for grantees to provide better race and ethnicity data. In addition, to respond to the requirements of GPRA, the Bureau has revised its cross-cutting goals, expected outcomes, and indicators in UPR III CPMS that provide the framework for collection of outcome data for its Title VII and VIII programs. An outcome-based performance system is critical for measuring whether program support is meeting national health workforce objectives. At the core of the performance measurement system are found cross-cutting goals with respect to workforce quality, supply, diversity, and distribution of the health professions workforce. The estimated annual burden is as follows: Report Number of respondents Responses per respondent Total responses Hours per response Total burden hours Uniform Progress Report 1,500 1 1,500 7 10,500 Total 1,500 1,500 10,500 Written comments and recommendations concerning the proposed information collection should be sent within 30 days of this notice to the desk officer for HRSA, either by e-mail to *OIRA_submission@omb.eop.gov* or by fax to 202-395-6974. Please direct all correspondence to the “attention of the desk officer for HRSA.” Dated: October 9, 2007. Alexandra Huttinger, Acting Director, Division of Policy Review and Coordination. [FR Doc. E7-20383 Filed 10-15-07; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Advisory Committee on Heritable Disorders and Genetic Diseases in Newborns and Children (ACHDGDNC) AGENCY: Health Resources and Services Administration (HRSA), HHS. ACTION: Notice of ACHDGDNC Meeting to be held by Conference Call. SUMMARY: The ACHDGDNC will be conducting a two hour conference call to hear a presentation from the ACHDGDNC's Evidence Review Workgroup and discuss the Committee's Report on long-term followup. DATES: The conference call will be held on November 14, 2007, at 2 p.m. EST. Participants must dial: 1-877-922-9969 and enter the corresponding pass code 627445. For security reasons, the pass code 627445 is required to join the call. Participants should call no later than 1:50 p.m. EST in order for the logistics to be set up. Participants are asked to register for the conference by contacting Carrie Diener at
(301)443-1080 or e-mail *cdiener@hrsa.gov* . The registration deadline is November 12, 2007. The Department will try to accommodate those wishing to participate in the call. Any member of the public can submit written materials that will be distributed to Committee members prior to the conference call. Parties wishing to submit written comments should ensure that the comments are postmarked or emailed no later than November 12, 2007, for consideration. Comments should be submitted to Michele A. Lloyd-Puryear, Executive Secretary, ACHDGDNC, Maternal and Child Health Bureau, HRSA, Parklawn Building, Room 18A-19, 5600 Fishers Lane, Rockville, Maryland 20857; telephone
(301)443-1080; fax
(301)443-8604; or e-mail: *mpuryear@hrsa.gov* . Members of the public can present oral comments during the conference call during the public comment period. If a member of the public wishes to speak, the Department should be notified at the time the participant registers. Other members of the public will be allocated time if time permits. FOR FURTHER INFORMATION CONTACT: Michele A. Lloyd-Puryear, Executive Secretary, ACHDGDNC, Maternal and Child Health Bureau, HRSA, Parklawn Building, Room 18A-19, 5600 Fishers Lane, Rockville, Maryland 20857; telephone
(301)443-1080; fax
(301)443-8604; or e-mail: *mpuryear@hrsa.gov* . SUPPLEMENTARY INFORMATION: The ACHDGDNC was chartered under Section 1111 of the Public Health Service
(PHS)Act, 42 U.S.C. 300b-10, in February 2003 to advise the Secretary of the U.S. Department of Health and Human Services. The ACHDGDNC is directed to review and report regularly on newborn and childhood screening practices for heritable disorders, to recommend improvements in the national newborn and childhood heritable screening programs, and to engage in the following activities:
(1)Provide advice and recommendations to the Secretary concerning grants and projects awarded or funded under its designated authorizing PHS Act;
(2)Provide technical information to the Secretary for the development of policies and priorities for the administration of grants under the designated PHS act; and
(3)Provide such recommendations, advice or information as may be necessary to enhance, expand or improve the ability of the Secretary to reduce the mortality or morbidity in newborns and children from heritable disorders. The purpose of this call is to hear discussion from the ACHDGDNC members on the proposed review template from the ACHDGDNC's Evidence Workgroup and, if the ACHDGDNC chooses, to approve that template. In addition, the ACHDGDNC may choose to develop recommendations from the ACHDGDNC to the Secretary concerning the ACHDGDNC's evaluation and decisionmaking process and newborn screening long-term followup. Dated: October 9, 2007. Alexandra Huttinger, Acting Director, Division of Policy Review and Coordination. [FR Doc. E7-20387 Filed 10-15-07; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the President's Cancer Panel, October 22, 2007, 8 a.m. to October 22, 2007, 6:30 p.m., Hyatt Regency La Jolla, 3777 La Jolla Village Drive, San Diego, CA 92122 which was published in the **Federal Register** on September 26, 2007, 72 FR 54667. This meeting is being amended to reschedule the closed session to Tuesday, October 30, 2007, 2 p.m.-4 p.m., as a telephone conference. The meeting is closed to the public. Dated: October 5, 2007. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. 07-5093 Filed 10-15-07; 8:45 am]
Connectionstraces to 18
Traces to 18 documents
10 references not yet in our index
  • 15 USC 717-717w
  • 18 CFR 152
  • 16 USC 791a-825r
  • Pub. L. 109-58
  • 119 Stat. 594
  • 40 CFR 105
  • Pub. L. 92-463
  • Pub. L. 104-13
  • 47 CFR 64.3100
  • 38 Stat. 721
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cites case law
Notices
Notice of a public meeting
U.S.C.§ 156
U.S.C.§ 3507
C.F.R.§ 385.211
C.F.R.§ 385.214
C.F.R.§ 157.10
C.F.R.§ 385.2001
C.F.R.§ 292.205
U.S.C.§ 791
C.F.R.§ 385.210
Cite15 USC 717-717w
Cite18 CFR 152
Cite16 USC 791a-825r
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