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Code · REGISTER · 2007-11-27 · Department of the Navy, DoD · Notices

Notices. Notice; correction

34,554 words·~157 min read·/register/2007/11/27/07-5837

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

BILLING CODE 6820-EP-S DEPARTMENT OF DEFENSE Department of the Navy Notice of Partially Closed Meeting of the Naval Research Advisory Committee; Correction AGENCY: Department of the Navy, DoD. ACTION: Notice; correction. SUMMARY: The Department of the Navy published a document in the **Federal Register** of November 14, 2007, announcing a partially closed meeting of the Naval Research Advisory Committee (NRAC). The dates of the meeting contained in the document have changed. FOR FURTHER INFORMATION CONTACT:
Mr. William H. Ellis, Jr., Program Director, Naval Research Advisory Committee, 875 North Randolph Street, Arlington, VA 22203-1995; *telephone:* 703-696-5775. Correction In the **Federal Register** of November 14, 2007, in FR Doc. E7-22200, make the following changes: 1. In the second column, on page 64060, correct the second sentence of the SUMMARY to read: “With the exception of two unclassified sessions on December 19, 2007 from 2 p.m. to 3 p.m. and from 3 p.m. to 4 p.m., all other sessions on December 18, 2007 and December 19, 2007 will include discussions involving proprietary information regarding technology applications and systems under development in the private sector between competing companies and/or information classified at the SECRET level that is devoted to intelligence briefings; emerging threats posed by potential adversaries; the exploitation of physical vulnerabilities; the tactical applications of known and emerging technologies; an assessment of the emerging concepts in such areas as:
Training, S&T funding allocation, technology monitoring, progress assessments, and probable timeframes for transformation and implementation; the challenges raised with the utilization and fielding of various technology applications; and a security briefing that will discuss security policies and procedures, and counterintelligence information classified at the SECRET level.” 2. In the third column, on page 64060, correct the DATES caption to read: “ DATES : The Winter Meetings will be held on Tuesday, December 18, 2007 and Wednesday, December 19, 2007.
The open sessions of the meeting will be held on Wednesday, December 19, 2007, from 2 p.m. to 3 p.m. and from 3 p.m. to 4 p.m. The closed sessions will be held all day on Tuesday, December 18, 2007, and on Wednesday, December 19, 2007, from 8 a.m. to 2 p.m. and 4 p.m. to 4:15 p.m.” Dated: November 20, 2007. T. M. Cruz, Lieutenant, Judge Advocate Generals Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E7-22990 Filed 11-26-07; 8:45 am] BILLING CODE 3810-FF-P DELAWARE RIVER BASIN COMMISSION Notice of Commission Meeting and Public Hearing Notice is hereby given that the Delaware River Basin Commission will hold an informal conference followed by a public hearing on Wednesday, December 12, 2007.
The hearing will be part of the Commission's regular business meeting. Both the conference session and business meeting are open to the public and will be held at the Commission's office building, located at 25 State Police Drive in West Trenton, New Jersey. The conference among the commissioners and staff will begin at 10 a.m. Topics of discussion will include: a status report by staff of the U.S. Geological Survey on the flood analysis model under development in accordance with DRBC Resolution No. 2006-20 to evaluate the potential for reservoirs throughout the basin to be used to mitigate flooding along the Delaware River and its tributaries; status of a proposal to update the water quality standard for PCBs in the Delaware Estuary and provide for implementation of the new standard; a report on the status of three pending rulemakings—(a) amendments to the Water Code and Water Quality Regulations relating to water accountability and source metering, recording and reporting;
(b)Water Code amendments to implement a Flexible Flow Management Program proposed by the parties to the Supreme Court Decree of 1954 for operation of the New York City Delaware Basin reservoirs; and
(c)amendments to the Water Code and Water Quality Regulations regarding Special Protection Waters. In addition, there will be a discussion of the proposed DRBC FY 2008-2009 Water Resources Program and a presentation by Dr. Rebecca L. Schneider of Cornell University on how networks of roadside ditches across watersheds contribute significantly to flooding, droughts, and degraded water quality downstream. The subjects of the public hearing to be held during the 1:30 p.m. business meeting include the dockets listed below: 1. *Deptford Township Municipal Utilities Authority D-94-68 CP-2.* An application for the renewal of a ground water withdrawal project to continue withdrawal of 123 mg/30 days to supply the applicant's public water supply distribution system from existing Wells Nos. 1, 2, 4, 6, 7, 8 and 9R in the Potomac-Raritan-Magothy Formation. The project is located in the Lower Delaware Watershed in Deptford Township, Gloucester County, New Jersey, in New Jersey Critical Water Supply Area 2. 2. *City of Vineland D-95-47 CP-2.* An application for the renewal of a ground water withdrawal project to continue the withdrawal of 494.5 mg/30 days to supply the applicant's public water supply distribution system from existing Wells Nos. 2 through 14 in the Cohansey Formation. The project is located in the Maurice River Watershed in the City of Vineland, Cumberland County, New Jersey. 3. *Merchantville-Pennsauken Water Commission D-97-5 CP-2.* An application for the renewal of a ground water withdrawal project to continue withdrawal of 335 mg/30 days to supply the applicant's public water supply distribution system from fifteen
(15)existing wells in the Potomac-Raritan-Magothy Formation. The project is located in the Pennsauken Creek Watershed in Merchantville Borough and Pennsauken Township, Camden County, New Jersey. 4. *Nestlé Waters North America, Inc. D-98-27-3.* An application for the renewal of a spring water withdrawal project to continue withdrawal of 9 mg/30 days to supply the applicant's bottled water operations from existing Hoffman Springs Nos. 1, 2 and 3 and new Mattos Catchment No. 1. The project is located in the Ontelaunee Creek Watershed in Lynn Township, Lehigh County, Pennsylvania. 5. *Sapa Extrusions, Inc. (formerly Alcoa Extrusions, Inc.) D-2005-1-3.* An application to continue to discharge up to 0.10 mgd from an existing outfall to the West Branch Schuylkill River. No expansion of the treatment facility is proposed and no alterations to the existing effluent limits are requested. The treatment facility is located in Cressona Borough, Schuylkill County, Pennsylvania. 6. *E. I. du Pont de Nemours and Company D-71-86-2.* An application for the renewal and update of the Edge Moor facility's IWTP and non-contact cooling water discharges and for approval of the installation of an effluent diffuser. The permitted discharges from the applicant's titanium dioxide production facility include a 5.2 mgd discharge of treated IWTP effluent from Outfall 001, a 2.89 mgd discharge of non-contact cooling water and storm water from Outfall 002, and a 5.9 mgd discharge of non-contact cooling water and stormwater from Outfall 003. The facility will continue to discharge to the Delaware River. The facility is located in Edgemoor, Delaware. 7. *Warren County (Pequest River) Municipal Authority D-71-96 CP-2.* An application to modify an existing docket by providing a Total Dissolved Solids
(TDS)determination for the Warren County (Pequest River) Municipal Utilities Authority's Oxford Area Wastewater Treatment Plant (WWTP). The Oxford Area WWTP has a design flow of 0.5 million gallons per day
(mgd)and treats primarily domestic sewage prior to discharge to the Pequest River at River Mile 197.8-7.2-0.9. The facility also accepts leachate from a landfill operated by the Pollution Control Financing Authority of Warren County and from Covanta Industry. Because these waste streams can result in a WWTP discharge that exceeds DRBC's basinwide effluent TDS limitation of 1000 mg/L, the applicant has requested a variance in the form of an adjusted effluent TDS limitation of 9,864 pounds per day. DRBC criteria allow for a variance from a TDS effluent limit where the variance would not result in an instream TDS concentration in excess of 500 mg/L or an increase in the instream TDS concentrations of more than 33%. The Pequest is a tributary of the Lower Delaware River, which DRBC has designated on an interim basis as Special Protection Waters with a classification of Significant Resource Waters. The facility is located in Oxford Township, Warren County, New Jersey. 8. *County of Chester Department of Facilities Management D-83-15 CP-3.* An application for approval to expand a 0.105 mgd WWTP to treat an average flow of 0.13676 mgd. The WWTP will continue to serve only the Pocopson Home and Prison, located in Pocopson Township, Chester County, Pennsylvania. Following advanced treatment, the WWTP effluent will be applied to expanded adjacent spray fields, which are located in the Pocopson Creek Watershed. A new aerated lagoon will be constructed to provide sufficient supplemental effluent storage, so that a WWTP discharge to a stream will not be needed. 9. *The Premcor Refining Group, Inc. D-93-4-6.* An application to replace the withdrawal of water from Wells Nos. P-3A and P-4A in the applicant's water supply system that have become unreliable sources of supply and to increase the applicant's surface water withdrawal from the Delaware River and Red Lion Creek. Premcor requests that its combined withdrawal from replacement Wells Nos. P-3B and P-4B and seven existing wells remain limited to 180 million gallons per thirty days (mg/30 days); that its withdrawal from the Delaware River intake remain 13,560 mg/30 days; that the docket authorize withdrawals of 38.9 mg/30 days from the Red Lion Creek intake and up to 56.2 mg/30 days from the Dragon Run intake, and that Premcor's combined withdrawal from all sources be limited to 13,835.1 mg/30 days. The proposed allocation represents no increase in groundwater withdrawals and no increase from the Delaware River intake. The docket is proposed to include previously un-docketed pre-Compact DNREC allocations from Dragon Run and Red Lion Creek. The project is located in the Potomac Formation in the C&D Canal East, Dragon Run Creek, Red Lion Creek and Delaware River watersheds in Delaware City, New Castle County, Delaware. 10. *Valero Paulsboro Refinery D-2006-28-1.* An application for approval of a surface water withdrawal project to supply up to 10.8 mgd (324 mg/30 days) of water to the applicant's petroleum refinery from an existing surface water intake. The project is located in the Delaware Watershed in Greenwich Township, Gloucester County, New Jersey, in New Jersey Critical Water Supply Area 2. 11. *Exelon Power D-2006-44-1.* An application for approval of an existing surface water withdrawal project to supply up to 9,975 mg/30 days of water to the applicant's Cromby Generating Station from the Schuylkill River and to limit the existing withdrawal from all intakes to 9,975 mg/30 days. No increase in withdrawals is requested. The project is located in the Schuylkill River Watershed in East Pikeland Township, Chester County, Pennsylvania and is located in the Southeastern Pennsylvania Ground Water Protected Area. 12. *To-Jo Mushrooms Inc. D-2007-3-1.* An application for approval of the rerate of the existing To-Jo Mushroom IWTP from 0.03 mgd to 0.049 mgd and for approval of the existing 0.035 mgd discharge of contact cooling water. The applicant's IWTP serves a mushroom canning facility. The IWTP and contact cooling water will continue to be discharged to Trout Run, a tributary of the White Clay Creek. The facility is located in New Garden Township, Chester County, Pennsylvania. 13. *The Asbury Graphite Mills, Inc. D-2007-26-1.* An application for approval of a ground water withdrawal project to supply up to 5.65 mg/30 days of water to the applicant's manufacturing facility from Intakes Nos. 1, 2A, 2B and 2C in the Musconetcong River and to supply up to 1.43 mg/30 days from Wells Nos. 1 and 2 completed in the Allentown Dolomite Formation in the Musconetcong River Watershed, for a total allocation of 7.08 mg/30 days. The project is located in Bethlehem Township, Hunterdon County, New Jersey, within the drainage area to the section of the non-tidal Delaware River known as the Lower Delaware, which is designated as Special Protection Waters. 14. *Woodbourne Correctional Facility D-2007-28 CP-1.* An application for approval of a ground water withdrawal project to supply up to 7.20 mg/30 days of water to the applicant's domestic water supply from Wells Nos. 1, 2, 3, 4, 5, 6 and 7 and to limit the existing withdrawal from all wells to 7.20 mg/30 days. The project is located in the Valley Fill Aquifer in the Middle Delaware Watershed in Woodbourne Township, Sullivan County, New York, within the drainage area to the section of the non-tidal Delaware River known as the Upper Delaware, which is designated as Special Protection Waters. In addition, the Commission's 1:30 p.m. business meeting will include a public hearing on the proposed Fiscal Year 2008-2009 Current Expense and Capital Budgets. The business meeting also will include adoption of the Minutes of the Commission's September 26, 2007 business meeting; announcements of upcoming advisory committee meetings and other events; a report by the Executive Director; a report by the Commission's General Counsel; and an opportunity for public dialogue. Draft dockets scheduled for public hearing on December 12, 2007 will be posted on the Commission's Web site, *http://www.drbc.net* , where they can be accessed through the Notice of Commission Meeting and Public Hearing. Additional documents relating to the dockets and other items may be examined at the Commission's offices. Please contact William Muszynski at 609-883-9500, extension 221, with any docket-related questions. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the informational meeting, conference session or hearings should contact the Commission secretary directly at 609-883-9500 ext. 203 or through the Telecommunications Relay Services
(TRS)at 711, to discuss how the Commission can accommodate your needs. November 19, 2007. Pamela M. Bush, Commission Secretary. [FR Doc. E7-23013 Filed 11-26-07; 8:45 am] BILLING CODE 6360-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before December 27, 2007. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, *Attention:* Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by email to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: November 20, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Postsecondary Education *Type of Review:* Revision. *Title:* Targeted Teacher Shortage Areas. *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 57. *Burden Hours:* 4,560. *Abstract:* This request is for approval of record-keeping and reporting requirements that are contained in the FFELP regulations which address the targeted teacher deferment provision of the Higher Education Act of 1965, as amended. The information collected is necessary for a state to support its annual request for designation of teacher shortage areas within the state. The collection of certification documentation by the borrower/scholar is necessary to support his/her request for a deferment/reduction in teaching obligation or cancellation of their loan debt. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3460. When you access the information collection, click on “Download Attachments “ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E7-23061 Filed 11-26-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; Personnel Development to Improve Services and Results for Children With Disabilities; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008 *Catalog of Federal Domestic Assistance
(CFDA)Numbers:* 84.325D, 84.325K, 84.325R, and 84.325T. Note: This notice invites applications for four separate competitions. For key dates, contact person information, and funding information regarding each of the four competitions, see the chart in the *Award Information* section of this notice. *Dates: Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. *Deadline for Intergovernmental Review:* See chart. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purposes of this program are to
(1)help address State-identified needs for highly qualified personnel—in special education, related services, early intervention, and regular education—to work with infants, toddlers and children with disabilities; and
(2)ensure that those personnel have the necessary skills and knowledge, derived from practices that have been determined through scientifically based research and experience, to be successful in serving those children. *Priorities:* In accordance with 34 CFR 75.105(b)(2)(iv), these priorities are from allowable activities specified in the statute (see sections 662 and 681 of the Individuals with Disabilities Education Act (IDEA)). Each of the absolute priorities announced in this notice corresponds to a separate competition as follows: Absolute priority Competition CFDA No. Preparation of Leadership Personnel 84.325D Combined Personnel Preparation 84.325K National Outreach and Technical Assistance Center on Discretionary Awards for Minority Institutions 84.325R Special Education Preservice Training Improvement Grants 84.325T *Absolute Priorities:* For FY 2008 and any subsequent year in which we make awards based on the list of unfunded applications from these competitions, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3), for each competition, we consider only applications that meet the absolute priority for that competition. The priorities are: Absolute Priority 1—Preparation of Leadership Personnel (84.325D) Background Training of special educators and related services personnel at the highest levels, including both the doctoral and post-doctoral levels, is critical to ensure the continued development and availability of quality services for children with disabilities. Over the last several decades, research has consistently suggested that there is a persistent need for additional special education and related services personnel who have been trained at the doctoral and post-doctoral levels. Such personnel play a critical role in ensuring the availability of, and improving the quality of, services for children with disabilities and their families. Accordingly, the Department seeks to support programs that provide doctoral, post-doctoral, and advanced graduate level training that is designed to prepare professionals to work in special education as researchers, teacher educators, administrators, and direct service providers. Priority The Preparation of Leadership Personnel priority supports and is limited to projects that train personnel at the preservice doctoral or post-doctoral level in early intervention, special education or related services, and at the advanced graduate level (masters and specialists) in special education administration/supervision. In order to be eligible under this priority, programs must provide training and support for scholars to complete their training within the project period of the grant. Therefore, only the following types of programs of study will meet the requirements of this priority: 1. A major in special education, related services or early intervention at the doctoral or post-doctoral level; and 2. Training at the advanced graduate level (masters and specialists programs) in special education administration/supervision. Note: Training that leads to a Doctor of Audiology
(DAud)degree is not included as part of this priority because training programs that lead to a DAud degree are eligible to apply for funding under the Combined Personnel Preparation priority (CFDA 84.325K) announced elsewhere in this notice. To be considered for funding under the Preparation of Leadership Personnel absolute priority, applicants must meet the application requirements contained in the priority. All projects funded under the absolute priority also must meet the programmatic and administrative requirements specified in the priority. The application, programmatic, and administrative requirements are as follows:
(a)Demonstrate, in the narrative section of the application under “Quality of Project Services,” how—
(1)The program prepares personnel to address the specialized needs of children with disabilities from diverse cultural and language backgrounds, including limited English proficient children with disabilities, by—
(i)Identifying the competencies needed by leadership personnel to understand and work with culturally and linguistically diverse populations (the competencies identified should reflect the current knowledge base); and
(ii)Preparing personnel to use those competencies through early intervention, special education, and related services training programs;
(2)All relevant coursework for the proposed program reflects current research and pedagogy on—
(i)Participation and achievement in the general education curriculum and improved outcomes for all children with disabilities; and
(ii)The provision of coordinated services in natural environments to improve outcomes for infants and toddlers with disabilities and their families;
(3)The program is designed to offer integrated training and practice opportunities that will enhance the competencies of all personnel who share responsibility for providing effective services for children with disabilities;
(4)For programs that train personnel in early intervention, special education or related services, the program ensures that scholars are knowledgeable about:
(i)The provisions of the No Child Left Behind Act of 2001 (NCLB);
(ii)the IDEA and NCLB requirement that teachers be highly qualified; and
(iii)the need to foster collaboration between regular and special education teachers; and
(5)The proposed training program includes training on State academic achievement standards for children, if applicable.
(b)Submit electronically annual data on each scholar who receives grant support within 60 days after the end of each grant budget year. Applicants are encouraged to visit the Personnel Prep Data
(PPD)Web site at *www.osepppd.org* for further information about this data collection requirement. This data collection is in addition to and does not supplant the annual grant performance report required of each grantee for continuation funding (see 34 CFR 75.590).
(c)Budget for attendance at a three-day Project Director's meeting in Washington, DC, during each year of the project.
(d)If the project maintains a Web site, include relevant information and documents in a format that meets a government or industry-recognized standard for accessibility.
(e)Include, in the application appendix, all course syllabi for the proposed training program. Course syllabi must clearly reflect the incorporation of research-based curriculum and pedagogy as required under paragraph
(a)of this priority.
(f)Provide, in the application narrative, a detailed description of the program, including the sequence of the courses offered in the program, that describes the comprehensive curriculum designed to meet program goals and obtain mastery of the following required professional domains:
(1)Research methodology.
(2)Personnel preparation.
(3)Policy/advocacy or professional practice.
(g)Include, in the application narrative under “Quality of Project Evaluation,” a clear and effective plan for evaluating the extent to which graduates of the training program have the knowledge and competencies necessary to provide research-based instruction and services that result in improved outcomes for children with disabilities.
(h)Communicate the results of the evaluation conducted in accordance with paragraph
(g)of this priority to the Office of Special Education Programs
(OSEP)in required annual performance reports for continuation funding and the project final performance report.
(i)Certify that all scholars will be recruited into the program with the intention of graduating from the program during the performance period of the grant.
(j)Certify that the institution will not require scholars recruited into the program to work as a condition of receiving a scholarship, e.g., as graduate assistants, unless the work is required to complete their training program.
(k)If the program is addressing national or regional needs, demonstrate in the application narrative the existence of the needs through appropriate research data.
(l)Ensure that at least 65 percent of the total requested budget per year be used for student support or provide justification in the application narrative for any designation less than 65 percent. Examples of sufficient justification for proposing less than 65 percent of the budget for student support might include:
(1)A project servicing rural areas that provides long distance training, and that may require Web Masters, adjunct professors, or mentors to operate effectively.
(2)A project that is expanding or adding a new area of emphasis to the program, and as a result of this expansion, may need additional faculty or other resources such as expert consultants, additional training supplies, or equipment that would enhance the program. Note: Applicants proposing projects to develop, expand, or add a new area of emphasis to special education or related services programs must provide, in their applications, information on how these new areas will be sustained once Federal funding ends.
(m)Meet the statutory requirements contained in section 662(e) through 662(h) of IDEA. Absolute Priority 2—Combined Personnel Preparation (84.325K) Background State agencies, university training programs, local schools, and community-based entities have indicated the importance and difficulty of improving training programs for personnel to serve infants, toddlers, and children with disabilities. The national demand for fully credentialed early intervention, special education, and related services personnel to serve infants, toddlers, and children with disabilities exceeds available supply. Thus, Federal support is required to improve both the quality and supply of these personnel. Priority The purpose of the Combined Personnel Preparation priority is to improve the quality, and increase the number, of personnel who are fully credentialed to serve infants, toddlers, and children with disabilities—especially in areas of chronic personnel shortage—by supporting projects that prepare early intervention, special education, and related services personnel at the associate, baccalaureate, master's, and specialist levels. In order to be eligible under this priority, programs must provide training and support for students to complete, within the project period of the grant, a degree, State certification, professional license, or State endorsement in early intervention, special education or related services. Programs preparing students to be special education paraprofessionals, related services assistants or educational interpreters are also eligible under this priority. To be considered for funding under the Combined Personnel Preparation absolute priority, applicants must meet the application requirements contained in the priority. All projects funded under the absolute priority also must meet the programmatic and administrative requirements specified in the priority. The application, programmatic, and administrative requirements are as follows:
(a)Demonstrate, in the narrative section of the application under “Quality of Project Services”, how—
(1)Training requirements and required coursework for the proposed training program incorporate research- based practices that improve outcomes for children with disabilities (including relevant research citations);
(2)The program is designed to offer integrated training and practice opportunities that will enhance the competencies of all personnel who share responsibility for providing effective services for children with disabilities;
(3)The program prepares personnel to address the specialized needs of children with disabilities from diverse cultural and language backgrounds, including limited English proficient children with disabilities, by—
(i)Identifying the competencies needed by personnel to understand and work with culturally and linguistically diverse populations (the competencies identified should reflect the current knowledge base); and
(ii)Preparing personnel to use those competencies through early intervention, special education, and related services training programs;
(4)If preparing beginning special educators, the program is designed to provide extended clinical learning opportunities, field experiences, or supervised practica (such as an additional year) and ongoing high quality mentoring and induction opportunities;
(5)The program includes field-based training opportunities for scholars (as defined in 34 CFR 304.3(g)) in diverse settings including schools and settings in high-poverty communities, rural areas, and urban areas;
(6)The proposed training program will enable scholars to be highly qualified, in accordance with section 602(10) of IDEA, in the State(s) to be served by the applicant;
(7)The training program equips scholars with the knowledge and skills necessary to assist children effectively in achieving State academic achievement standards; and
(8)The training program provides student support systems (including tutors, mentors, and other innovative practices) to enhance student retention and success in the program.
(b)Include, in the narrative section of the application under “Quality of Project Evaluation,” a clear, effective plan for evaluating the extent to which graduates of the training program have the knowledge and skills necessary to provide scientifically based or evidence-based instruction and services that result in improved outcomes for children with disabilities. Applicants also must clearly describe, under “Quality of Project Evaluation,” how the project will report these evaluation results to the Office of Special Education Programs
(OSEP)in the grantee's annual performance reports and final performance report.
(c)Meet the statutory requirements contained in section 662(e) through 662(h) of IDEA.
(d)Ensure that at least 65 percent of the total requested budget per year be used for student support.
(e)Budget for attendance at a three-day Project Director's meeting in Washington, DC, during each year of the project.
(f)If the project maintains a Web site, include relevant information and documents in a form that meets a government or industry-recognized standard for accessibility.
(g)Include, in the application appendix, all course syllabi for the proposed training program. Course syllabi must clearly reflect the incorporation of research-based curriculum and pedagogy as required under paragraph
(a)of this priority.
(h)Submit electronically annual data on each scholar who receives grant support within 60 days after the end of each grant budget year. Applicants are encouraged to visit the Personnel Prep Data
(PPD)Web site at *www.osepppd.org* for further information about this data collection requirement. This data collection is in addition to and does not supplant the annual grant performance report required of each grantee for continuation funding (see 34 CFR 75.590). Focus Areas Within this absolute priority, the Secretary intends to support projects under the following four focus areas:
(a)Training Personnel to Serve Infants, Toddlers, and Pre-school Age Children with Disabilities,
(b)Training Personnel to Serve School Age Children with Low Incidence Disabilities,
(c)Training Personnel to Provide Related Services, Speech/Language Services, and Adapted Physical Education to Infants, Toddlers, and Children with Disabilities, and
(d)Training Personnel in Minority Institutions to Serve Infants, Toddlers, and Children with Disabilities. Note: Applicants must identify the specific focus area (i.e., (a), (b), (c), or (d)), under which they are applying as part of the competition title on the application cover sheet (SF form 424, line 4). Applicants may not submit the same proposal under more than one focus area. *Focus Area a: Training Personnel To Serve Infants, Toddlers, and Pre-School Age Children With Disabilities* . For the purpose of this focus area, early intervention personnel are those who are trained to provide services to infants and toddlers with disabilities ages birth through two, and early childhood personnel are those who are trained to provide services to children with disabilities ages three through five (in States where the age range is other than ages three through five, we will defer to the State's certification for early childhood). In States where certification in early intervention
(EI)is combined with certification in early childhood (EC), applicants may propose a combined EI/EC training project under this focus area. Projects training related services, speech/language, or adapted physical education personnel are *not* eligible under this focus area (see Focus Area c). *Focus Area b: Training Personnel To Serve School Age Children with Low Incidence Disabilities* . For the purpose of this focus area, low incidence personnel are special education personnel, including paraprofessionals, trained to serve school-age children with low incidence disabilities including visual impairments, hearing impairments, simultaneous vision and hearing impairments, significant cognitive impairments (severe mental retardation), orthopedic impairments, autism, and traumatic brain injury. Programs preparing special education personnel to provide services to visually impaired or blind children that can be appropriately provided in Braille must prepare those individuals to provide those services in Braille. Projects training educational interpreters are eligible under this focus area. Projects training other related services, speech/language or adapted physical education personnel are *not* eligible under this focus area (see Focus Area c). Projects training special education pre-school personnel are eligible under Focus Area a. *Focus Area c: Training Personnel to Provide Related Services, Speech/Language Services, and Adapted Physical Education to Infants, Toddlers, and Children with Disabilities* . Programs training related services, speech/language or adapted physical education personnel to serve infants, toddlers, or children with disabilities are eligible within this focus area. For the purpose of this focus area, related services include, but are not limited to, psychological services, physical therapy (including therapy provided by personnel trained at the Doctor of Physical Therapy
(DPT)level), occupational therapy, therapeutic recreation, social work services, counseling services, audiology services (including services provided by personnel trained at the Doctor of Audiology
(DAud)level), and speech/ language services. Training programs in States where personnel trained to serve children with speech/language impairments are considered to be special educators are eligible under this focus area. Projects training educational interpreters are not eligible under this focus area, but may apply under Focus Area b. *Focus Area d: Training Personnel in Minority Institutions to Serve Infants, Toddlers, and Children with Disabilities* . Programs in minority institutions are eligible under this focus area if they train:
(a)Personnel to serve one or more of the following: Infants, toddlers, and pre-school age children with disabilities;
(b)personnel to serve school age children with low incidence disabilities; or
(c)personnel to provide related services, speech/language or adapted physical education to infants, toddlers, and children with disabilities. Minority institutions include institutions with a minority student enrollment of 25 percent or more, which may include Historically Black Colleges and Universities, Tribal Colleges, and Predominantly Hispanic Serving Colleges and Universities. Within this focus area, institutions that are recommended for funding in FY 2008 and that have not received support under the IDEA Personnel Development Program in FY 2007 will receive 10 competitive preference points. (Programs in minority institutions training personnel in Focus Areas a, b and c are eligible within Focus Area d. Programs that are training high incidence special education personnel are *not* eligible within Focus Area d. However, programs that are training high incidence special education personnel are eligible under Absolute Priority 4 located elsewhere in this notice.) Under Focus Area d, a project may budget for less than the required percentage (65 percent) for student support if the applicant can provide sufficient justification for any designation less than 65 percent. Sufficient justification for proposing less than 65 percent of the budget for student support would include support for activities such as program development, program expansion, or the addition of a new area of emphasis. Some examples include the following:
(1)A project that is starting a new program may request up to a year for program development and capacity building. In the initial project year, no student support would be required. Instead, a project could hire a new faculty member or a consultant to assist in program development.
(2)A project that is proposing to build capacity may hire a field supervisor so that additional students can be trained.
(3)A project that is expanding or adding a new area of emphasis to the program may hire additional faculty or obtain other resources such as expert consultants, additional training supplies, or equipment that would enhance the program. Note: Applicants proposing projects to develop, expand, or to add a new area of emphasis to special education or related services programs must provide information, in their applications, on how these new areas will be sustained once Federal funding ends. Within this absolute priority, we are particularly interested in applications that address the following invitational priorities. *Invitational Priorities* : Under 34 CFR 75.105(c)(1) we do not give an application that meets these invitational priorities a competitive or absolute preference over other applications. These priorities are:
(1)In Focus Areas b and d, the Secretary is particularly interested in programs that prepare special educators who provide instruction in core academic areas to children with disabilities.
(2)The Secretary is also particularly interested in programs that provide enhanced support for beginning special educators (see section 662(b)(3) of IDEA). Absolute Priority 3—National Outreach and Technical Assistance Center on Discretionary Awards for Minority Institutions (84.325R) Background Section 681(c)(2) of IDEA requires the Secretary to set aside funds to support one or both of the following activities:
(1)The provision of outreach and technical assistance to Historically Black Colleges and Universities (HBCUs) and to institutions of higher education
(IHEs)with minority enrollments of not less than 25 percent to promote their participation in certain activities under IDEA; or
(2)the provision of support to enable the institutions to assist other institutions and agencies in improving educational and transitional results for children with disabilities. Consistent with this requirement, this priority is aimed at promoting the participation of HBCUs and IHEs with minority enrollments of not less than 25 percent in discretionary grant competitions conducted by the Department, pursuant to section 662 of IDEA (the Personnel Development to Improve Services and Results for Children with Disabilities program); and building the capacity of such institutions to prepare personnel to work effectively with children with disabilities from diverse backgrounds. The current technical assistance center funded by the Office of Special Education Programs
(OSEP)under section 681(c)(2) of IDEA provides technical assistance to IHEs in grant writing and disseminates specific information to aid HBCUs and other minority IHEs in developing applications for grants, cooperative agreements, and contracts. This priority shifts the focus of the center that will be funded by OSEP under section 681(c)(2) of IDEA from that of grant-writing technical assistance to assistance that will help HBCUs and minority IHEs build their capacity to prepare personnel to work effectively with children with disabilities from linguistically and culturally diverse backgrounds. Priority The purpose of the National Outreach and Technical Assistance Center on Discretionary Awards for Minority Institutions (Center) is to increase:
(a)The participation of HBCUs and other institutions with a minority student enrollment of at least 25 percent in the Personnel Development to Improve Services and Results for Children with Disabilities program competitions authorized under section 662 of IDEA; and
(b)the capacity of these institutions to prepare personnel to work with children with disabilities from diverse backgrounds. To be considered for funding under the National Outreach and Technical Assistance Center on Discretionary Awards for Minority Institutions absolute priority, each applicant must demonstrate, in its application, that it will—
(a)Maintain contacts with HBCUs and other minority institutions;
(b)Prepare and disseminate grant-writing technical assistance materials that will enable HBCUs and other minority IHEs to become competitive applicants in competitions authorized under section 662 of IDEA;
(c)Prepare and disseminate Web-based program development materials, such as: Modules on a variety of research-based pedagogy and practices that are effective in preparing personnel to provide quality service to children with disabilities; a State-by-State directory of resources organized by such topics as State, disability type, personnel supply and demand, etc.; other materials that include information on identifying competencies that personnel need to work effectively with linguistically and culturally diverse populations and how to increase those competencies through personnel preparation programs;
(d)Analyze the results of each applicable discretionary grant competition conducted by the Department under IDEA to determine which HBCUs and minority IHEs applied and whether they were successful, and submit this analysis to the Department;
(e)Provide support and guidance to faculty at HBCUs and other minority IHEs to enhance the capacity of these institutions to design and implement professional education programs that graduate highly qualified special educators;
(f)Ensure that all program development and professional education program enhancements that the Center recommends to HBCUs and minority IHEs include research-based practices, and appropriate competencies that personnel need to work effectively with linguistically and culturally diverse populations to improve outcomes for infants, toddlers, and children with disabilities;
(g)Develop a plan in the first three months of the project period that outlines a comprehensive technical assistance approach based on effective strategies;
(h)Establish, maintain, and meet (at least once a year) with an Advisory Board that includes individuals with disabilities, members from underrepresented groups, technical assistance providers, and university personnel;
(i)Use a third party evaluator, approved by OSEP, that will conduct a rigorous evaluation of core Center activities, and determine the overall impact of its work;
(j)Budget for attendance at a three-day Project Directors' meeting in Washington, DC, the Technical Assistance and Dissemination Project Directors' meeting, and at least 2 one-day planning meetings with the OSEP Project Officer and other appropriate staff in Washington, DC;
(k)If the project maintains a Web site, include relevant information and documents in a form that meets a government or industry-recognized standard for accessibility; and
(l)Include a line item in the proposed budget for an annual set-aside of five percent of the grant amount to support emerging needs that are consistent with the proposed project's activities, as those needs are identified in consultation with OSEP. Note: With approval from the OSEP Project Officer, the Center will reallocate any remaining funds from this annual set-aside no later than the end of the third quarter of each budget period. *Fourth and Fifth Years of Project:* Finally, in deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a), in addition to the following items:
(a)The recommendation of a review team consisting of experts selected by the Secretary. This review will be conducted in Washington, DC during the last half of the project's second year. Projects must budget for travel expenses associated with this one-day intensive review.
(b)The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been or are being met by the Center.
(c)Evidence of changes in capacity at HBCUs and other participating institutions.
(d)Evidence of increased participation of HBCUs and IHEs with minority enrollments of not less than 25 percent in competitions conducted under section 662 of IDEA. Absolute Priority 4—Special Education Preservice Training Improvement Grants (84.325T) Background State educational agencies, IHEs, and local educational agencies consistently report that it is necessary to restructure or redesign most preparation programs for kindergarten through grade 12 (K-12) special education teachers to ensure that graduates of these programs are able to meet the highly qualified teacher
(HQT)requirements in the No Child Left Behind Act of 2001
(NCLB)and the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). To accomplish this goal, preparation programs must ensure that their graduates who expect to be providing instruction in core academic subjects are not only able to meet State certification or licensure requirements, but that they also have the necessary content knowledge, consistent with the HQT requirements in NCLB and IDEA. Children with disabilities are now expected to meet high standards for learning in core academic subjects, regardless of classroom setting. Because this is the case, K-12 special education teacher preparation programs must address content knowledge, standards, assessments, and evidence-based practices. Federal support can assist in improving the quality of IHE programs that prepare special education teachers, and help to ensure that these teachers have the knowledge and skills needed to teach students with disabilities using evidence-based interventions. Priority The purpose of this priority is to improve the quality of K-12 special education teacher preparation programs to ensure that program graduates are able to meet the HQT requirements under sections 602(10) and 612(a)(14) of IDEA, and are well prepared to serve children with high incidence disabilities. For purposes of this priority, the term “high incidence disabilities” refers to learning disabilities, emotional disturbance, or mental retardation. In order to be eligible under this priority, applicants must currently prepare personnel (at the baccalaureate or master's level) to serve school-age children with high incidence disabilities. Note: This priority only supports the improvement or expansion of existing programs for high incidence personnel, such as the expansion of an elementary program to include a secondary program in high incidence. This priority does not support the development of new programs for high incidence personnel. To be considered for funding under the Special Education Preservice Training Improvement Grants priority, applicants must meet the application requirements contained in the priority. All projects funded under the absolute priority also must meet the programmatic and administrative requirements specified in the priority. The application, programmatic, and administrative requirements are as follows:
(a)Demonstrate, in the narrative section of the application under “Quality of Project Services,” how—
(1)The first year of the project period will be used for planning an improved or restructured K-12 teacher preparation program that includes induction and mentoring components; revising curriculum for, and integrating evidence-based interventions that improve outcomes for children with high incidence disabilities into, the improved or restructured program (including providing research citations for those evidence-based interventions); and coordinating with the National Center to Enhance the Professional Development of School Personnel on the use of its web-based training modules (see *http://www.iris.peabody.vanderbilt.edu* ). Applicants must describe first year activities and include a five-year timeline and implementation plan in their applications. This plan must describe the proposed project activities associated with implementation of the improved or restructured program that includes the induction and mentoring components, and may not be implemented without the approval of OSEP, if the proposed project is funded under this competition;
(2)The improved or restructured program is designed to offer integrated training and practice opportunities that will enhance the competencies of beginning special education teachers who share responsibility with general education teachers and other personnel for providing effective services and instruction in academic subjects to children with high incidence disabilities in K-12 classrooms;
(3)The improved or restructured program is designed to prepare special education teachers to address the specialized needs of children with high incidence disabilities from diverse cultural and language backgrounds, including limited English proficient children with disabilities, by identifying the competencies that special education teachers need to work effectively with culturally and linguistically diverse populations;
(4)The improved or restructured program is designed to provide extended clinical learning opportunities, field experiences, or supervised practica and ongoing high quality mentoring and induction opportunities in local schools. Applicants also must demonstrate how they will coordinate with the National Center on Policy and Practice in Special Education in designing the program to provide extended clinical learning opportunities, field experiences, or supervised practica;
(5)The improved or restructured program is designed to include field-based training opportunities in diverse settings including schools and settings in high-poverty communities and in schools not making adequate yearly progress
(AYP)under NCLB;
(6)Upon completion of the improved or restructured program, graduates will be able to meet the HQT requirements in accordance with section 602(10) of IDEA and 34 CFR 300.18; and will be equipped with the knowledge and skills necessary to assist children in achieving State academic achievement standards;
(7)The improved or restructured program is designed to provide support systems (including tutors, mentors, and other innovative practices) to enhance retention and success in the program; and
(8)The improved or restructured program will be maintained once Federal funding ends.
(b)For programs that will be restructured or re-designed to produce graduates who will meet the standards of HQT upon program completion, particularly as those standards relate to certification in core academic subjects, applicants will establish partnerships with appropriate academic departments in schools of arts and sciences. To address this requirement, applications must also—
(i)Demonstrate how such partnerships will include representation by academic departments that have expertise in the core academic subjects being addressed in the application;
(ii)Demonstrate how such partnerships will include a permanent faculty member, from one or more of the corresponding academic departments, who will be involved in developing the overall project and designing the curriculum used to train scholars in core academic subjects;
(iii)Provide evidence of the extent of participation by permanent faculty members from the corresponding academic departments; and
(iv)Provide funding to the core academic subject departments appropriate to the significant involvement outlined in paragraph
(4)of this priority;
(c)Include, in the narrative section of the application under “Quality of Project Evaluation,” a clear, effective plan for evaluating the extent to which graduates of the training program have the knowledge and skills necessary to provide scientifically based or evidence-based instruction and services that result in improved outcomes for children with disabilities. Applicants also must clearly describe, under “Quality of Project Evaluation,” how the project will report these evaluation results to the OSEP in the grantee's annual performance reports and final performance report.
(d)Meet the statutory requirements in section 662(e) through 662(f) of IDEA.
(e)Budget for planning and improvement activities, including activities to be performed by consultants. This priority does not provide for financial support of scholars during any year of the project.
(f)Budget for attendance at a three-day Project Director's meeting in Washington, DC, during each year of the project.
(g)If the project maintains a Web site, include relevant information and documents in a form that meets a government or industry-recognized standard for accessibility.
(h)Include, in the application appendix, all course syllabi for the existing teacher preparation program. Revised syllabi for the improved or restructured program must be submitted at the end of the first year of the project period. Within this absolute priority, we give competitive preference to applications that address the following priority. *Competitive Preference Priority:* Under 34 CFR 75.105(c)(2)(i) we award up to an additional 10 points to an application, depending on how well the application meets this priority. This priority is: Competitive Preference Points Based on Number of High Incidence Special Education Teacher Graduates From Program in a Recent Year In order to earn competitive preference points under this priority, applicants must document the number of K-12 special education teachers who have graduated from a preparation program that prepares personnel (at the baccalaureate or master's level) to serve school-age children with high incidence disabilities in any recent year, regardless of whether the graduates received support from a Federal grant. For purposes of this competitive preference priority, the term “recent year” is defined as any of the past three fiscal years (i.e., FY 2004, FY 2005, or FY 2006). For example, an applicant that documents 10 graduates (new K-12 high incidence special education teachers) during a recent year earns 2 competitive preference points. An applicant that documents 30 graduates (new K-12 high incidence special education teachers) during a recent year earns 6 competitive preference points. An applicant that documents 50 or more graduates (new K-12 high incidence special education teachers) during a recent year earns 10 competitive preference points. Number of students graduating (new K-12 high incidence special education teachers) from program in a recent year (including non-OSEP funded graduates) Number of competitive preference points awarded 8-19 2 20-29 4 30-39 6 40-49 8 50+ 10 The number of students (i.e., new K-12 high incidence special education teachers) graduating from the program must be documented in the application. A letter from the Dean or Department Chair reporting the number of high incidence graduates in a recent fiscal year is adequate documentation for purposes of this competitive preference. *Waiver of Proposed Rulemaking:* Under the Administrative Procedure Act
(APA)(5 U.S.C. 553) the Department generally offers interested parties the opportunity to comment on proposed priorities and requirements. Section 681(d) of IDEA, however, makes the public comment requirements of the APA inapplicable to the priorities in this notice. Program Authority: 20 U.S.C. 1462 and 1481. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99.
(b)The regulations for this program in 34 CFR part 304. II. Award Information *Type of Awards:* Discretionary grants for competitions CFDA 84.325D, 84.325K, and 84.325R, and one cooperative agreement for competition CFDA 84.325T. *Estimated Available Funds:* The Administration has requested $89,719,000 for the Personnel Development to Improve Services and Results for Children with Disabilities program for FY 2008, of which we intend to use an estimated $2,950,000 for the competitions announced in this notice. Please refer to the “Estimated Range of Awards” column of the chart in this section for the estimated dollar amounts for individual competitions. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program. Contingent upon the availability of funds and the quality of applications for the competitions announced in this notice, we may make additional awards in FY 2009 from the lists of unfunded applicants from individual competitions. *Estimated Range of Awards:* See chart. *Estimated Average Size of Awards:* See chart. *Maximum Award:* See chart. *Estimated Number of Awards:* See chart. *Project Period:* See chart. Personnel Development to Improve Services and Results for Children With Disabilities Application Notice for Fiscal Year 2008 CFDA number and name Applications available Deadline for transmittal of applications Deadline for intergovernmental review Estimated range of awards Estimated average size of awards Maximum award Estimated number of awards Project period Contact person 84.325D Preparation of Leadership Personnel 11/27/07 01/04/08 03/04/08 $171,969-$200,000 $196,200 $200,000 * 25 Up to 60 mos. Bob Gilmore
(202)245-7354 Rm 4083. 84.325K Combined Personnel Preparation 11/27/07 Focus Area a: Training Personnel to Serve Infants, Toddlers, and Pre-school Age Children with Disabilities 11/27/07 01/11/08 03/11/08 $150,000-$200,000 $175,000 $200,000 * 14 Up to 48 mos. Maryann McDermott
(202)245-7439 Rm 4062. Focus Area b: Training Personnel to Serve School Age Children with Low Incidence Disabilities 11/27/07 01/11/08 03/11/08 $150,000-$200,000 $175,000 $200,000 * 23 Up to 48 mos. Focus Area c: Training Personnel to Provide Related Services, Speech/Language Services, and Adapted Physical Education to Infants, Toddlers, and Children with Disabilities 11/27/07 01/11/08 03/11/08 $150,000-$200,000 $175,000 $200,000 * 14 Up to 48 mos. Focus Area d: Training Personnel in Minority Institutions to Serve Infants, Toddlers, and Children with Disabilities 11/27/07 01/11/08 03/11/08 $150,000-$200,000 $175,000 $200,000 * 14 Up to 48 mos. 84.325R National Outreach and Technical Assistance Center on Discretionary Awards for Minority Institutions 11/27/07 01/11/08 03/11/08 $1,500,000 * 1 Up to 60 mos. Ernest Hairston
(202)245-7366 Rm 4070. 84.325T Special Education Preservice Training Improvement Grants 11/27/07 01/18/08 03/18/08 $100,000-$150,000 (first year of project) $125,000 (first year of project) $150,000 ** (first year of project) 21 Up to 60 mos. Bonnie Jones
(202)245-7395 Rm 4153. * We will reject any application that proposes a budget exceeding the maximum award for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the *Federal Register* . ** For the *Special Education Preservice Training Improvement Grants* , 84.325T competition: **Note:** We will reject any application that proposes a budget exceeding $150,000 for a single budget period of 12 months for the first year of the project; we will reject any application that proposes a budget exceeding $100,000 for a single budget period of 12 months over the last four years of the project; and we will reject any application that exceeds $500,000 for the five-years of the budget period. **Note:** No more than one cooperative agreement will be awarded per IHE. Programs in minority institutions that are preparing special education teachers of children with high incidence disabilities are eligible to apply under this competition. For purposes of this competition, the term “minority institutions” include IHEs with a minority student enrollment of 25 percent or more, which may include Historically Black Colleges and Universities, Tribal Colleges, and Predominantly Hispanic Serving Colleges and Universities. **Note:** The Department is not bound by any estimates in this notice. III. Eligibility Information 1. *Eligible Applicants:* Institutions of higher education (IHEs). Note: For Absolute Priority 4 ( *Special Education Preservice Training Improvement Grants* , 84.325T), programs in IHEs that are preparing preschool teachers are not eligible to apply under that competition. 2. *Cost Sharing or Matching* : This program does not require cost sharing or matching. 3. *Other* : *General Requirements* —(a) The projects funded under this program must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).
(b)Each applicant and grant recipient funded under this program must involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the project (see section 682(a)(1)(A) of IDEA). IV. Application and Submission Information 1. *Address to Request Application Package* : Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov* . If you request an application from ED Pubs, be sure to identify the competition to which you want to apply, as follows: CFDA number 84.325D, 84.325K, 84.325R, or 84.325T. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission* : Requirements concerning the content of an application, together with the forms you must submit, are in the application package for each competition announced in this notice. *Page Limit* : The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 50 pages for each absolute priority, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1” margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the two-page abstract, the resumes, the bibliography, the references, or the letters of support. However, you must include all of the application narrative in Part III. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times* : *Applications Available* : See chart. *Deadline for Transmittal of Applications:* See chart. Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* See chart. 4. *Intergovernmental Review* : This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for each of the competitions announced in this notice. 5. *Funding Restrictions* : We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements* : Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications* . To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Personnel Development to Improve Services and Results for Children with Disabilities competitions, CFDA numbers 84.325D, 84.325K, 84.325R, and 84.325T, announced in this notice are included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Personnel Development to Improve Services and Results for Children with Disabilities program competitions—CFDA numbers 84.325D, 84.325K, 84.325R, and 84.325T at *http://www.Grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.325, not 84.325D). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for the competition to which you are applying to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues With the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail* . If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.325D, 84.325K, 84.325R, or 84.325T), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.325D, 84.325K, 84.325R, or 84.325T), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.325D, 84.325K, 84.325R, or 84.325T), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this program are from 34 CFR 75.210 and are listed in the application packages for each competition announced in this notice. 2. *Peer Review:* In the past, the Department has had difficulty finding peer reviewers for certain competitions, because so many individuals who are eligible to serve as peer reviewers have conflicts of interest. The Standing Panel requirements under IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that, for some discretionary grant competitions, applications may be separated into two or more groups and ranked and selected for funding within specific groups. This procedure will make it easier for the Department to find peer reviewers, by ensuring that greater numbers of individuals who are eligible to serve as reviewers for any particular group of applicants will not have conflicts of interest. It also will increase the quality, independence, and fairness of the review process, while permitting panel members to review applications under discretionary grant competitions for which they also have submitted applications. However, if the Department decides to select an equal number of applications in each group for funding, this may result in different cut-off points for fundable applications in each group. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measures:* Under the Government Performance and Results Act of 1993 (GPRA), the Department has established a set of performance measures, including long-term measures, that are designed to yield information on various aspects of the effectiveness and quality of the Personnel Development to Improve Services and Results for Children with Disabilities program. These measures include: For 84.325D, 84.325K and 84.325T
(1)The percentage of projects that incorporate scientifically based or evidence-based practices;
(2)The percentage of scholars who exit training programs prior to completion due to poor academic performance;
(3)The percentage of degree or certification recipients who are working in the area(s) for which they were trained upon program completion;
(4)The percentage of degree or certification recipients who are working in the area(s) for which they were trained upon program completion and are fully qualified under IDEA;
(5)The percentage of scholars completing IDEA-funded training programs who are knowledgeable and skilled in scientifically based or evidence-based practices for infants, toddlers, and children with disabilities;
(6)The percentage of low incidence positions that are filled by personnel who are fully qualified under IDEA; and
(7)The percentage of program graduates who maintain employment for three or more years in the area(s) for which they were trained. 84.325R
(1)The extent to which projects provide high quality products and services;
(2)The relevance of project products and services to educational and early intervention policy and practice; and
(3)The use of products and services to improve educational and early intervention policy and practice. Grantees may be asked to participate in assessing and providing information on these aspects of program quality. VII. Agency Contact *For Further Information Contact:* See chart in the *Award Information* section in this notice for the name, room number and telephone number of the contact person for each competition. You can write to the contact person at the following address: U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center Plaza (PCP), Washington, DC 20202-2600. If you use a TDD, call the FRS at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., room 5075, PCP, Washington, DC 20202-2550. Telephone:
(202)245-7363. If you use a TDD, call the FRS, toll-free, at 1-800-877-8339. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *www.gpoaccess.gov/nara/index.html.* Dated: November 21, 2007. William W. Knudsen, Deputy Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-23080 Filed 11-26-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION President's Board of Advisors on Historically Black Colleges and Universities AGENCY: U.S. Department of Education, White House Initiative on Historically Black Colleges and Universities. ACTION: Notice of an open meeting. SUMMARY: This notice sets forth the schedule and agenda of the meeting of the President's Board of Advisors on Historically Black Colleges and Universities. This notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend. DATES: Saturday, December 8, 2007. TIME: 9 a.m.-3 p.m. ADDRESSES: The Board will meet at the Xavier University of Louisiana, University Center Building, Suite 308, 1 Drexel Drive, New Orleans, LA 70125, Phone: 504-520-7904, Fax: 504-520-7904. FOR FURTHER INFORMATION, CONTACT: Leonard L. Haynes III, Executive Director, White House Initiative on Historically Black Colleges and Universities, 1990 K Street, NW., Washington, DC 20006; telephone:
(202)502-7549, fax: 202-502-7852. SUPPLEMENTARY INFORMATION: The President's Board of Advisors on Historically Black Colleges and Universities is established under Executive Order 13256, dated February 12, 2002 and Executive Order 13316 dated September 17, 2003. The Board is established
(a)to report to the President annually on the results of the participation of historically black colleges and universities (HBCUs) in federal programs, including recommendations on how to increase the private sector role in strengthening these institutions, with particular emphasis given to enhancing institutional planning and development; strengthening fiscal stability and financial management; and improving institutional infrastructure, including the use of technology, to ensure the long-term viability and enhancement of these institutions;
(b)to advise the President and the Secretary of Education (Secretary) on the needs of HBCUs in the areas of infrastructure, academic programs, and faculty and institutional development;
(c)to advise the Secretary in the preparation of an annual Federal plan for assistance to HBCUs in increasing their capacity to participate in Federal programs;
(d)to provide the President with an annual progress report on enhancing the capacity of HBCUs to serve their students; and
(e)to develop, in consultation with the Department of Education and other Federal agencies, a private sector strategy to assist HBCUs. *Agenda:* The purpose of the meeting is to receive and deliberate on policy issues pertinent to the Board and the nation's HBCUs and to discuss relevant issues to be addressed in the Board's annual report. This meeting will also provide the Board with a forum to vote and approve action items regarding implementation of Presidential Executive Order 13256. *Additional Information:* Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, or material in alternative format) should notify ReShone Moore at
(202)502-7893, no later than Thursday, December 6, 2007. We will attempt to meet requests for accommodations after this date, but, cannot guarantee availability. The meeting site is accessible to individuals with disabilities. An opportunity for public comment is available on Saturday, December 8, 2007, between 2:30 p.m.-3 p.m. Individuals who wish to provide comments will be allowed three to five minutes to speak. Those members of the public interested in submitting written comments may do so by submitting it to the attention of Leonard L. Haynes, 1990 K Street NW., Washington, DC., by Thursday, December 6, 2007. Records are kept of all Board proceedings and are available for public inspection at the office of the White House Initiative on Historically Black Colleges and Universities, U.S. Department of Education, 1990 K Street, NW., Washington, DC 20006, Monday-Friday during the hours of 8 a.m. to 5 p.m. *Electronic Access to this Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1-888-293-6498; or in the Washington, DC area at 202-512-1530. Dated: November 16, 2007. Diane Auer Jones, Assistant Secretary, U.S. Department of Education, Office of Postsecondary Education. [FR Doc. E7-22988 Filed 11-26-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Department of Education Federal Docket Management System (EDFDMS) AGENCY: Office of the General Counsel, Department of Education. ACTION: Notice of a new system of records. SUMMARY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled “Department of Education Federal Docket Management System” (EDFDMS) (18-09-05). EDFDMS contains individually identifying information voluntarily provided by individuals who submit public comments on the Department's rulemaking documents that are in the Federal Docket Management System (FDMS). FDMS is an interagency system that allows the public to search, view, download, and comment on Federal agency rulemaking documents through a single online system. The public accesses the FDMS Web portal at *http://www.regulations.gov.* DATES: The Department seeks comment on the new system of records described in this notice, in accordance with the requirements of the Privacy Act. We must receive your comments on the proposed routine uses for the system of records referenced in this notice on or before December 27, 2007. The Department filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on November 21, 2007. This system of records will become effective at the later date of—(1) The expiration of the 40-day period for OMB review on December 31, 2007, unless OMB waives 10 days of the 40-day review period for compelling reasons shown by the Department, or
(2)December 27, 2007, unless the system of records needs to be changed as a result of public comment or OMB review. ADDRESSES: Address all comments about the proposed routine uses to Elizabeth McFadden, Assistant General Counsel, Regulatory Services Division, Office of the General Counsel, U.S. Department of Education, 400 Maryland Avenue, SW., room 6E227, Washington, DC 20202-6110. *Telephone:*
(202)401-6307. If you prefer to send comments through the Internet, use the following address: *comments@ed.gov.* You must include the term “EDFDMS” in the subject line of the electronic message. During and after the comment period, you may inspect all comments about this notice in room 6E227, 400 Maryland Avenue, SW., Washington, DC, between the hours of 8 a.m. and 4:30 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . FOR FURTHER INFORMATION CONTACT: Elizabeth McFadden. *Telephone:*
(202)401-6307. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in this section. SUPPLEMENTARY INFORMATION: Introduction FDMS serves as a central, electronic repository for Federal rulemaking dockets and includes **Federal Register** notices, supporting materials such as scientific or economic analyses, and public comments, as well as non-rulemaking dockets. Each agency that uses FDMS, including the Department, is responsible for managing its own dockets and rulemaking documents. Through the Department's portion of FDMS, members of the public may comment on the Department's rulemaking documents contained in the system. In order to submit a comment through the Department's portion of FDMS, members of the public only need to complete two fields—the “Category” field and the “General Comments” field. To complete the “Category” field, commenters are prompted to select the most appropriate category from the following list: Parent/relative, teacher, student, individual, public elementary/secondary school, private elementary/secondary school, school administrator, institution of higher education, lender, guarantor, local educational agency, State educational agency, State agency, association/organization, Federal agency, child advocate, lobbyist, law firm, tribal organization, and other. The “General Comments” field in FDMS is a free text field in which individuals provide their actual comments. In addition to these two required fields, commenters may, but are not required to, provide the following information: First name, last name, city, country, State or province, e-mail address, organization name, submitter's representative, government agency type, and government agency. Generally, the Department makes all of the information provided by commenters, including commenters' names and other individually identifying information provided within the comments, publicly viewable on the Federal government's interagency FDMS Web portal at *http://www.regulations.gov* . FDMS has full text search capability, enabling any member of the public to search all public submissions on any Department rulemaking in FDMS by any term, including any name and contact information submitted in or as part of a comment. On the *http://www.regulations.gov* Web site and in the Department's notices of proposed rulemaking, the Department clearly notifies the public that, with few exceptions, comments received from members of the public (including those comments submitted by mail, commercial delivery, or hand delivery) are made publicly available on the Federal eRulemaking Portal ( *http://www.regulations.gov* ) without change. The Department makes efforts to ensure that comments containing material the disclosure of which is restricted by Federal law, such as the Children's Online Privacy Protection Act of 1998 (COPPA), are not made publicly available. While not publicly posted, the Department will retain, evaluate, and consider these comments. EDFDMS is comprised of both these comments that are not publicly available, as well as the comments on the Department's rulemakings that are available to the public through *http://www.regulations.gov.* The Privacy Act The Department is publishing this new system of records notice, in accordance with the applicable requirements of the Privacy Act, to inform the public about how it will collect, maintain, use, and disclose the information that members of the public provide when commenting on a Department rulemaking that is part of FDMS. The Privacy Act applies to information about individuals that contains individually identifying information and that is retrieved by a unique identifier associated with each individual, such as a name or social security number. The information about each individual is called a “record,” and the system, whether manual or computer-based, is called a “system of records.” The Privacy Act requires each agency to publish notices of systems of records in the **Federal Register** and to prepare reports to OMB and Congress whenever the agency publishes a new system of records. The portion of the EDFDMS system that comes under the Privacy Act includes only the individually identifying information that commenters voluntarily submit to the Department when they comment on the Department's rulemaking documents in FDMS. The Privacy Act, 5 U.S.C. 552a(e)(4), requires the Department to publish in the **Federal Register** this notice of a new system of records maintained by the Department. The Department's regulations implementing the Privacy Act are contained in the Code of Federal Regulations
(CFR)in 34 CFR part 5b. Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC area, at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: November 21, 2007. Kent D. Talbert, General Counsel. For the reasons discussed in the preamble, the General Counsel of the Department of Education publishes a notice of a new system of records to read as follows: 18-09-05 SYSTEM NAME: Department of Education Federal Docket Management System (EDFDMS). SECURITY CLASSIFICATION: None. SYSTEM LOCATION: The central location is at the U.S. Environmental Protection Agency, Research Triangle Park, NC 27711-0001. Access is available through the Internet from other locations. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Information on individuals who voluntarily provide individually identifying information when submitting a public comment or supporting materials in response to a Department rulemaking document or notice in the Federal Docket Management System
(FDMS)are covered by this system. Although this system may also contain information on and public comments submitted by representatives of governmental or organizational entities, the purpose for which the Department is establishing this system of records is only to cover individuals protected under the Privacy Act of 1974 (5 U.S.C. 552a(a)(2)). CATEGORIES OF RECORDS IN THE SYSTEM: The categories of records in the system include: First name, last name, category (such as parent/relative, student, teacher, local educational agency, or lender), city, country, State or province, email address, organization name, submitter's representative, government agency type, government agency, additional information provided in the “General Comments” section, and other supporting documentation furnished by the submitter. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44 U.S.C. 3501 note); 5 U.S.C. 301; and 5 U.S.C. 553. PURPOSE: The EDFDMS system of records permits the Department to identify individuals who have submitted comments, in response to the Department's rulemaking documents or notices that are in FDMS, so that communications or other actions, as appropriate and necessary, can be effected. Examples of such communications are seeking clarification of a comment and responding directly to a comment. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The Department may disclose information contained in a record in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. The Department may make these disclosures on a case-by-case basis, or, if the Department has complied with the computer matching requirements of the Computer Matching and Privacy Protection Act of 1988, as amended, under a computer matching agreement.
(1)*Disclosure to the Public.* With few exceptions, the Department may disclose information in EDFDMS to any member of the public. EDFDMS permits members of the public to search the public comments that are received by the Department and included in FDMS by the name of the individual submitting the comment. Unless the individual submits a comment anonymously, a full-text search, using the individual's name, will generally result in the comment and the commenter's information being displayed for view. With few exceptions, comments that are submitted using the FDMS system will include any information that the commenter provided when submitting the comment. In addition, with few exceptions, comments that are submitted in writing and then scanned and uploaded into the FDMS system will include any identifying information about the submitter that is provided in the written comment. If a commenter provides individually identifying information about a third party, a full-text search using the third party's name, with some exceptions, will result in the third party's information being displayed for view. Note: Identification of an individual commenter or third party is possible only if the commenter voluntarily provides his or her name or contact information, or that of a third party. If this information is not furnished, the submitted comments or supporting documentation cannot be linked to the commenter or a third party.
(2)*Disclosure for Use by Other Law Enforcement Agencies.* The Department may disclose information to any Federal, State, local, or foreign agency, or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity's jurisdiction.
(3)*Enforcement Disclosure.* In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records to the appropriate agency, whether foreign, Federal, State, Tribal, or local, charged with the responsibility of investigating or prosecuting that violation or charged with enforcing or implementing the statute, Executive order, rule, regulation, or order issued pursuant thereto.
(4)*Litigation and Alternative Dispute Resolution
(ADR)Disclosure.*
(a)*Introduction.* In the event that one of the parties listed below is involved in litigation or ADR, or has an interest in litigation or ADR, the Department may disclose certain records to the parties described in paragraphs (b), (c), and
(d)of this routine use under the conditions specified in those paragraphs:
(i)The Department or any of its components.
(ii)Any Department employee in his or her official capacity.
(iii)Any Department employee in his or her individual capacity if the U.S. Department of Justice
(DOJ)has been requested to or has agreed to provide or arrange for representation for the employee.
(iv)Any Department employee in his or her individual capacity where the Department has agreed to represent the employee.
(v)The United States where the Department determines that the litigation is likely to affect the Department or any of its components.
(b)*Disclosure to DOJ* . If the Department determines that disclosure of certain records to DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to DOJ.
(c)*Adjudicative Disclosure* . If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body before which the Department is authorized to appear, to an individual, or to an entity designated by the Department or otherwise empowered to resolve or mediate disputes, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.
(d)*Disclosure to parties, counsels, representatives, or witnesses* . If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.
(5)*Freedom of Information Act
(FOIA)and Privacy Act Advice Disclosure* . The Department may disclose records to DOJ or OMB if the Department concludes that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA or the Privacy Act.
(6)*Disclosure to DOJ* . The Department may disclose records to DOJ to the extent necessary for obtaining DOJ advice on any matter relevant to an audit, inspection, or other inquiry related to the programs covered by this system.
(7)*Contract Disclosure* . If the Department contracts with an entity for the purposes of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.
(8)*Congressional Member Disclosure* . The Department may disclose the records of an individual to a member of Congress or the member's staff in response to an inquiry from the member made at the written request of that individual. The member's right to the information is no greater than the right of the individual who requested the inquiry.
(9)*Disclosure in the Course of Responding to Breach of Data* . The Department may disclose records to appropriate agencies, entities, and persons when
(1)it is suspected or confirmed that the security or confidentiality of information in this system has been compromised;
(2)the Department has determined that as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or by another agency or entity) that rely upon the compromised information; and
(3)the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist the Department in responding to the suspected or confirmed compromise and in helping the Department prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained on electronic storage media and in paper. RETRIEVABILITY: EDFDMS enables record retrieval by various data elements and key word searches. These data elements are: document identification number, comment tracking number, document title, Code of Federal Regulation
(CFR)(search for a specific title within the CFR), CFR citation (search for the part or parts within the CFR title being searched), document type, document sub type, date posted, and comment period end date. SAFEGUARDS: As discussed above in routine use (1), *Disclosure to the Public* , any member of the public who accesses FDMS through *http://www.regulations.gov* and searches the comments associated with the Department's rulemakings can view EDFDMS records that are included in FDMS. To the extent paper records from this system of records are maintained, they will be maintained in a controlled facility where physical entry is restricted by locks, guards, and administrative procedures. Access to electronic and paper EDFDMS records that are not otherwise available to the public through FDMS is limited to those Department and contract staff who require the records to perform their official duties consistent with the purposes for which the information was collected. Personnel whose official duties require access to either electronic or written EDFDMS records that are not otherwise available to the public through FDMS are trained in the proper safeguarding and use of the information. RETENTION AND DISPOSAL: Until the National Archives and Records Administration
(NARA)approves a retention and disposition schedule for EDFDMS, the Department will treat all EDFDMS records as permanent. SYSTEM MANAGER AND ADDRESS: Elizabeth McFadden, Assistant General Counsel, Regulatory Services Division, Office of the General Counsel, U.S. Department of Education, 400 Maryland Avenue, SW., room 6E227, Washington, DC 20202-6110. NOTIFICATION PROCEDURE: If you wish to determine whether a record exists regarding you in the system of records, contact the system manager. Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of identity. RECORD ACCESS PROCEDURES: If you wish to gain access to your record in the system of records, contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS . Requests should contain your full name, address, and telephone number. Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of identity. CONTESTING RECORD PROCEDURES: If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request must meet the requirements of the regulations in 34 CFR 5b.7, including proof of identity. RECORD SOURCE CATEGORIES: Information maintained in this system of records is obtained from anyone who chooses to voluntarily submit a public comment or supporting materials in response to a Department rulemaking document or notice, including individuals and representatives of Federal, State or local governments, businesses, and other organizations. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E7-23058 Filed 11-26-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Investigatory Material Compiled for Personnel Security, Suitability, Positive Identification Verification and Access Control for the Department of Education Security Tracking and Reporting System (EDSTAR) AGENCY: Office of Management, Department of Education. ACTION: Notice of altered and deleted systems of records. SUMMARY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department), publishes this notice to amend and rename the system of records entitled “Investigatory Material Compiled for Personnel Security and Suitability Purposes” (18-05-17) as “Investigatory Material Compiled for Personnel Security, Suitability, Positive Identification Verification and Access Control for the Department of Education Security Tracking and Reporting System (EDSTAR)” (18-05-17) and to delete the system of records entitled “Identification Media Records” (18-05-16). The Department is taking these actions because these systems of records have been merged into and consolidated with the EDSTAR system of records. EDSTAR is designed to implement the requirements of Homeland Security Presidential Directive (HSPD)-12. HSPD-12 is a Presidential directive that requires the promulgation of a Federal standard to ensure a common, governmentwide standard for secure and reliable forms of Personal Identity Verification (PIV). On February 25, 2005, the National Institute of Standards and Technology's (NIST's) Computer Security Division issued Federal Information Processing Standard
(FIPS)201, entitled “Personal Identity Verification of Federal Employees and Contractors”, in order to satisfy the requirements of HSPD-12 to improve the identification and authentication of Federal employees and contractors for access to Federal facilities and information systems. The Department maintains records in EDSTAR for the purpose of making individual positive identification verification, adjudication determinations concerning suitability for Federal employment and contract positions, decisions concerning access to the Department's facilities and information systems, and information related to the issuance of PIV and FIPS compliant identification media and access to restricted areas. Because many of these records are currently covered by the systems of records entitled “Identification Media Records” (18-05-16) and “Investigatory Material Compiled for Personnel Security and Suitability Purposes” (18-05-17), the Department is merging and consolidating these systems of records by amending and renaming the “Investigatory Material Compiled for Personnel Security and Suitability Purposes” (18-05-17) system as EDSTAR and deleting the system of records for “Identification Media Records” (18-05-16). DATES: We must receive your comments about the altered and deleted systems of records notice on or before December 27, 2007. The Department filed a report describing the altered system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on November 21, 2007. The altered system of records will become effective at the later date of—(1) The expiration of the 40-day period for OMB review on December 31, 2007 or
(2)December 27, 2007, unless the system of records needs to be changed as a result of public comment or OMB review. ADDRESSES: Address all comments about the altered and deleted systems of records to Cecelia E. Briscoe, Senior Program Analyst, Security Services, Office of Management, Room 2W312, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202-5345. If you prefer to send comments through the Internet, use the following address: *Security.Services@Ed.gov.* You must include the term “EDSTAR Comments” in the subject line of your electronic message. During and after the comment period, you may inspect all public comments about this notice at the U.S. Department of Education in room 2W330, 400 Maryland Avenue, SW., Washington, DC, between the hours of 8 a.m. and 4:30 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . FOR FURTHER INFORMATION CONTACT: Colette Hawley, Security Services, Office of Management, room 2W312, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202-5345. Telephone number:
(202)401-2993. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the preceding paragraph. SUPPLEMENTARY INFORMATION: Introduction The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to publish in the **Federal Register** this notice of an altered system of records maintained by the Department. The Department's regulations implementing the Privacy Act are contained in part 5b of title 34 of the Code of Federal Regulations (CFR). The Privacy Act applies to information about individuals that is maintained in a system of records from which individually identifying information is retrieved by a unique identifier associated with each individual, such as a name or social security number. The information about each individual is called a “record,” and the system, whether manual or computer-based, is called a “system of records.” The Privacy Act requires each agency to publish notices of new or altered systems of records in the **Federal Register** and to submit reports to the Administrator of the Office of Information and Regulatory Affairs, OMB, the Chair of the House Committee on Oversight and Government Reform, and the Chair of the Senate Committee on Homeland Security and Governmental Affairs, whenever the agency publishes a new or altered system of records. Electronic Access to This Document You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *www.gpoaccess.gov/nara/index.html.* Dated: November 21, 2007. Michell C. Clark, Assistant Secretary for Management. For the reasons discussed in the preamble, the Assistant Secretary for Management of the Department publishes a notice of altered and deleted systems of records to read as follows: DELETED SYSTEM OF RECORDS The Department identifies the system of records entitled Identification Media Records (18-05-16), as published in the **Federal Register** on December 26, 2002 (67 FR 78794-96), to be deleted because it has been merged into and consolidated with the following system of records: ALTERED SYSTEM OF RECORDS 18-05-17 SYSTEM NAME: Investigatory Material Compiled for Personnel Security, Suitability, Positive Identification Verification and Access Control for the Department of Education Security Tracking and Reporting System (EDSTAR). SECURITY CLASSIFICATION: None. SYSTEM LOCATIONS:
(1)Security Services, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202-5345.
(2)U.S. Department of Education, Data Center, 6710 Oxon Hill Road, Oxon Hill, MD 20745-1117.
(3)U.S. Office of Personnel Management (OPM), Federal Investigations Processing Center, P.O. Box 618, 1137 Branchton Road, Boyers, PA 16018-0618.
(4)Verisign, 487 E. Middlefield Road, Mountain View, CA 94043-4047.
(5)U.S. Department of Justice (DOJ), DOJ Rockville Data Center, 1151-D Seven Locks Road, Rockville, MD 20854-0001. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system contains information on applicants seeking Federal or contract employment with the Department, current Federal employees and contractors, and other persons or entities doing business with the Department, or persons either seeking unescorted access to the facilities, or access to the information systems of the Department, or both. The system does not cover term employees of less than 30 calendar days with monitored access to either the Department's facilities or information system, or both. Nor does it cover occasional visitors or short-term guests to the Department to the extent that they are issued non-Personal Identity Verification
(PIV)temporary identification. CATEGORIES OF RECORDS IN THE SYSTEM: This system consists of records containing investigative information pertaining to current and former Department employees, current and former contractor personnel, and current employees of entities making offers to the Department for purposes of doing business. This information may include information pertaining to the individuals' character, conduct, and loyalty to the United States as relevant to determination of their suitability for employment in the Department. This system of records may include an individual's name, former names, birth date, birth place, Social Security number, home address, phone numbers, employment history, residential history, education and degrees earned, names of associates and references and their contact information, citizenship, names of relatives, birth dates and birth places of relatives, citizenship of relatives, names of relatives who work for the Federal government, mental health history, drug use, financial information, summary report of investigation, results of suitability decisions, level of security clearance, date of issuance of security clearance, requests for appeal, witness statements, investigator's notes, tax return information, credit reports, security violations, circumstances of violation, and agency action taken. These records also may, as appropriate to the individual being investigated, include the following types of information:
(1)Documentation as to his or her arrests and convictions for violations of the law.
(2)Reporting as to interviews held with the individual, his or her present and former supervisors, co-workers, associates, neighbors, educators, etc.
(3)Correspondence relating to adjudication matters involving the individual.
(4)Reports of inquiries made of law enforcement agencies for information about the individual contained in the agencies' records.
(5)Information provided by organizations having association with the individual, such as employers, educational institutions attended, professional or fraternal or social organizations to which the individual is or was a member, etc.
(6)Reports of action following an OPM investigation or a Federal Bureau of Investigation Section 8(d) full field investigation.
(7)Personal access logs of individuals entering access controlled space.
(8)Public Key Infrastructure
(PKI)Certificates issued under direct guidance from Homeland Security Presidential Directive (HSPD)-12 and Federal Information Processing Standard (FIPS)-201.
(9)Personal fingerprint records for identification and criminal records checks.
(10)Other information developed from the previous sources. In addition, this system contains records maintained on individuals issued PIV credentials by the Department. These records may include the following data fields: Full name; Social Security number; date of birth; signature; image (photograph); fingerprints; hair color; eye color; height; weight; organization or office of assignment; company name; copy of background investigation form; PIV card issuance and expiration dates; personal identification number (PIN); results of background investigation; PIV request form; PIV registrar approval signature; PIV card serial number; emergency responder designation (if applicable); copies of documents used to verify identification or information derived from those documents such as document title, document issuing authority, document number, document expiration date, document other information); level of national security clearance and expiration date; computer system user name; user access and permission rights, authentication certificates; and digital signature information. For those issued non-PIV identification these fields do not apply. Note 1: OPM and DOJ issue the standard forms used to collect information in this system, i.e. Standard Form
(SF)85, SF-85P, SF-85PS, SF-86, SF-87, and Fingerprint card FD-258. Note 2: To the extent that the Department has records of a personnel investigative nature that come from OPM or its contractors, these records are covered by OPM/CENTRAL-9, Personnel Investigations Records, and are not covered by this system notice. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: HSPD-12, Policy for a Common Identification Standard for Federal Employees and Contractors (August 27, 2004); Executive Orders 10450, 18 FR 2489, 3 CFR 1949-1953 Comp., p. 936); 10577 (3 CFR 1954-1958 Comp., p. 218); and 12968 (Access to Classified Information); 5 U.S.C. 3301 and 7301; Federal Property and Administrative Act of 1949, as amended through Public Law 106-580; and 5 CFR parts 5, 731, 732, and 736. PURPOSE(S): Records in this system are maintained to assist in making determinations concerning suitability for Federal employment, security clearances, access to classified information, unescorted access to Federal government owned and Federal government leased facilities or restricted areas, and evaluations as to acceptability for performance under Federal contracts or other agreements with the Federal government. Purposes of this system also include: Ensuring the safety and security of Federal facilities, systems, and information resources, as well as the safety and security of the occupants and users of these facilities, systems, and information resources; verifying that persons entering Federal facilities and using Federal systems and information resources, are authorized to do so; and tracking and controlling PIV cards issued to persons entering the Federal government's facilities and using its systems and information resources. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. The Department may make these disclosures on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Computer Matching and Privacy Protection Act of 1998, as amended, under a computer matching agreement.
(1)*Program Purpose.* The Department may disclose records from this system of records to any source or potential source from which information is requested in the course of an investigation concerning the suitability or retention of an employee or a contractor, or the retention of a security clearance, contract, grant, license, or other benefit, to the extent necessary to identify the individual being investigated, inform the source of the nature and purpose of the investigation, and to identify the type of information requested.
(2)*Enforcement Disclosure.* The Department may disclose relevant records to a Federal, State, local, foreign, or tribal entity or other public authority responsible for the investigation, prosecution, enforcement, or implementation of a statute, rule, regulation, or order, when a record on its face or in combination with any other information indicates a violation or potential violation of law (whether civil, criminal, or regulatory in nature) if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility of the receiving entity. It is Office of Management policy not to disclose records under this routine use that pertain to those questions for which the Office of Management has promised confidentiality under SF-85P, Questionnaire for Public Trust Positions.
(3)*Contract Disclosure.* If the Department contracts with an entity for the purpose of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records as a routine use to those employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.
(4)*Litigation or Alternative Dispute Resolution
(ADR)Disclosure.*
(a)*Introduction.* In the event that one of the following parties is involved in litigation or ADR, or has an interest in litigation or ADR, the Department may disclose certain records to the parties described in paragraphs (b), (c), and
(d)of this routine use under the conditions specified in those paragraphs:
(i)The Department or any of its components.
(ii)Any Department employee in his or her official capacity.
(iii)Any employee of the Department in his or her individual capacity where the DOJ has agreed to or has been requested to provide or arrange for representation of the employee.
(iv)Any employee of the Department in his or her individual capacity where the Department has agreed to represent the employee.
(v)The United States where the Department determines that the litigation is likely to affect the Department or any of its components.
(b)*Disclosure to the DOJ* . If the Department determines that disclosure of certain records to the DOJ or attorneys engaged by DOJ is relevant and necessary to litigation or ADR and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to DOJ.
(c)*Adjudicative Disclosure* . If the Department determines that disclosure of certain records to an adjudicative body before which the Department is authorized to appear or to an individual or entity designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and necessary to litigation or ADR and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.
(d)*Disclosure to Parties, Counsel, Representative, or Witnesses* . If the Department determines that disclosure of certain records to a party, an opposing counsel, representative, or witness is relevant and necessary to litigation or ADR and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to a party, counsel, representative, or witness.
(5)*Freedom of Information Act
(FOIA)Advice Disclosure* . The Department may disclose information from this system of records to DOJ for the purpose of obtaining advice regarding the releasability of records maintained in this system of records under the FOIA and the Privacy Act of 1974.
(6)*Congressional Member Disclosure* . The Department may disclose information from this system of records to a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.
(7)*Disclosure for Use by Other Law Enforcement Agencies* . The Department may disclose information from this system of records to any Federal, State, local or foreign agency or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, investigative, or prosecutorial responsibility within the receiving entity's jurisdiction.
(8)*Disclosure for Use for Intelligence Activities* . The Department may disclose information from this system of records to Federal, State, or local agencies, other appropriate entities or individuals, or, through established liaison channels, to selected foreign governments, in order to enable an intelligence agency to carry out its responsibilities as authorized by law, including the National Security Act of 1947 as amended, the CIA Act of 1949 as amended, Executive Order 12333 or any successor order, applicable national security directives, or classified implementing procedures approved by the Attorney General and promulgated pursuant to such statutes, orders or directives.
(9)*Employment, Benefits, and Contracting Disclosure* .
(a)*For Decisions by the Department* . The Department may disclose information from this system of records to a Federal, State, or local agency or to another public authority or professional organization, to obtain information relevant to the Department's conduct of a security or suitability investigation of an individual seeking employment, licensure, other benefits, or to perform contractual services for, or to otherwise associate with, the Department.
(b)*For Decisions by Other Public Agencies and Professional Organizations* . The Department may disclose information from this system of records to a Federal, State, local, or foreign agency, or other public authority or professional organization, so that the receiving entity may obtain information relevant to its conduct of a security or suitability investigation of an individual seeking employment, licensure, other benefits, or to perform contractual services for, or to otherwise associate with, the receiving entity.
(10)*Employee Grievance, Complaint, or Conduct Disclosure* . If a record is relevant and necessary to a grievance, complaint, or disciplinary proceeding regarding a present or former employee of the Department, the Department may disclose the record in the course of an investigation, fact-finding, or adjudication to another agency of the Federal government, or to any witness, designated fact-finder, mediator, or other person designated to resolve issues or decide the matter. The disclosure may only be made during the course of the investigation or the proceeding.
(11)*Disclosure in the Course of Responding to Breach of Data* . The Department may disclose records to appropriate agencies, entities, and persons when
(a)it is suspected or confirmed that the security or confidentiality of information in this system has been compromised;
(b)the Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or by another agency or entity) that rely upon the compromised information; and
(c)the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist the Department in responding to the suspected or confirmed compromise and in helping the Department prevent, minimize, or remedy such harm.
(12)*Disclosure to Protect Safety and Security of Department Employees, Customers, and Facilities* . The Department may disclose to Federal, State, and local law enforcement agencies and private security contractors, as appropriate, information that the Department deems necessary in order to:
(a)Assist with the protection of the safety of Department employees and customers, the security of the Department's workplace, or the operation of the Department's facilities or information systems; or
(b)assist with investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupt the operation of the Department. Note 3: Disclosures within the Department of data pertaining to date and time of entry and exit of a Department employee working in the District of Columbia may not be made to supervisors, managers, or any other persons (other than the individual to whom the information applies) to verify employee time and attendance records for personnel actions because 5 U.S.C. 6106 prohibits Federal Executive agencies (other than the Bureau of Engraving and Printing) from using a recording clock within the District of Columbia, unless used as a part of a flexible schedule or compressed work schedule under 5 U.S.C. 6120, *et seq.* POLICIES AND PRACTICES OF STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained on paper and in electronic form. Paper records are stored in fire resistant locked file cabinets in locked access-controlled rooms. Within the locked access-controlled room, electronic files are encrypted and stored in alarmed electronic retrieval file systems. The data servers, the laptops, and the desk computers where the data resides are in locked access-controlled rooms. PIV identification card data on cardholders entering the Department's facilities is stored in an encrypted database. RETRIEVABILITY: Electronic and paper records are retrieved by an unique identifying number by the Department pursuant to the National Institute of Standards and Technology (NIST), Federal Information Processing Standard
(FIPS)201, Personal Identity Verification for Federal Employees and Contractors; this number is cross-referenced to the name of the individual. SAFEGUARDS: All physical access to the Department's sites, and the sites of the Department's contractors where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge. In accordance with the Department's Administrative Communications System
(ACS)Directive OM: 5-101 entitled “Contractor Employee Personnel Security Screenings,” all contract and Department personnel who have facility access and system access are required to undergo a security clearance investigation. Individuals requiring access to Privacy Act data are required to hold, at a minimum, a moderate-risk security clearance level. These individuals are required to undergo periodic screening at five-year intervals. In addition to undergoing a security clearance investigation, contract and Department personnel are required to complete security awareness training on an annual basis. This training is required to ensure that contract and Department users are trained appropriately in safeguarding Privacy Act data in accordance with OMB Circular No. A-130, Appendix III. Computer databases are kept on encrypted servers on an isolated virtual local area network (V-LAN) that is not connected to any outside network including the Internet. Database accessibility is restricted to hard wire network connection from within the Office Management, Security Services, and direct Integrated Services Digital Network
(ISDN)line to the Department of Justice (DOJ), or via secure portal to the Office of Personnel Management (OPM). Authorized log-on codes and passwords prevent unauthorized users from gaining access to data and system resources. All users have unique log-on codes and passwords. The password scheme requires that users must change passwords every 60 days and may not repeat the old password. Any individual attempting to log on who fails is locked out of the system after three attempts. Access after that time requires intervention by the system manager. RETENTION AND DISPOSAL: Most background investigative records are maintained in accordance with General Records Schedule
(GRS)18, Item 22—destroy not later than five years after separation or transfer of employee or no later than five years after contract relationship expires, whichever is later. Records are destroyed by deletion or shredding. Reports of background investigations conducted by the Office of Inspector General under delegated authority of the OPM are retained in accordance with OPM retention standards for similar records, pending National Archives and Records Administration
(NARA)approval. Records will be maintained for 15 years after the last investigative activity, except investigations involving potentially actionable issue(s) will be maintained for 25 years after the last investigative activity and then destroyed by deletion or shredding. Personal access logs of individuals entering controlled space are retained in accordance with GRS 18, Item 17. In the Department's secured facilities, records are destroyed five years after final entry or five years after date of document, as appropriate. For all other facilities, records are destroyed two years after final entry or two years after date of document, as appropriate. Records are destroyed by deletion or shredding. PKI certificates and PIV cards issued under guidance of HSPD-12 and FIPS-201 will be retained in accordance with the pending GRS disposition authority as issued by NARA, or in a NARA-approved, Departmental records retention schedule, as appropriate. SYSTEM MANAGER(S) AND ADDRESS: Security Services, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Room 2W314, Washington, DC 20202-5345. NOTIFICATION PROCEDURE: If an individual wishes to determine whether a record exists regarding him or her in this system of records, the individual must contact the system manager and provide his or her name, date of birth, social security number, signature, and the address to which the record information should be sent. This information is required to ensure the positive identification of the person's record in the system. Requests for notification about an individual must meet the requirements of the regulations in 34 CFR 5b.5. RECORD ACCESS PROCEDURE: If an individual wishes to gain access to a record in this system, he or she must contact the system manager and provide information as described in the notification procedure. CONTESTING RECORD PROCEDURE: If an individual wishes to change the content of a record in the system of records, he or she must contact the system manager with the information described in the notification procedure, identify the specific item or items to be changed, and provide a written justification for the change, including any supporting documentation. Requests to amend a record must meet the requirements of the regulations in 34 CFR 5b.7. RECORD SOURCE CATEGORIES: Information contained in this system of records is obtained from—
(a)Investigative and other record material furnished by other Federal entities, other departmental components, State, local, and foreign governments;
(b)Applications and other personnel and security forms;
(c)Personal investigation, written inquiry, interview, and the electronic accessing of computer databases of sources, such as the OPM system of records known as Personnel Investigations Records (OPM/Central-9), employers, educational institutions, references, neighbors, associates, police departments, courts, credit bureaus, medical records, probation officials, prison officials, DOJ, newspapers, magazines, periodicals, and other publications; and
(d)Confidential sources. EXEMPTIONS CLAIMED FOR THE SYSTEM: The Secretary has exempted by regulation—in 34 CFR 5b.11(d)—this system of records only to the extent that the information is investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, Federal contracts, or access to classified information from the following provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5):
(1)5 U.S.C. 552a(c)(3), regarding access to an accounting of disclosures of records.
(2)5 U.S.C. 552a(d)(1) through
(4)and (f), regarding notification of and access to records and correction or amendment of records.
(3)5 U.S.C. 552a(e)(4)(G) and
(H)regarding inclusion of information in the system notice about procedures for notification, access, and correction of records. As indicated in 34 CFR 5b.11(f), individuals will be provided access to information in this system, except when, in accordance with the provisions of 5 U.S.C. 552a(k)(5):
(1)The disclosure of such information would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence; or
(2)The information was obtained prior to September 28, 1975 and the disclosure of such information would reveal the identity of the source under an implied promise that the identity of the source would be held in confidence. [FR Doc. E7-23059 Filed 11-26-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR07-13-002] Alabama Intrastate, LLC; Notice of Compliance Filing November 19, 2007. Take notice that on November 13, 2007, Enterprise Alabama Intrastate, LLC filed a Report of Refunds in compliance with the Commission's letter order issued on September 4, 2007, in Docket Nos. PR07-13-000 and PR07-13-001. 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 Monday, November 26, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23036 Filed 11-26-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-7-000] The Borough of Chambersburg, PA; Notice of Filing November 19, 2007. Take notice that on November 11, 2007, The Borough of Chambersburg, Pennsylvania (Chambersburg), tendered for filing pursuant to Rule 207(a)(5) of the Commission's Rules of Practice and Procedure a petition for approval of Chambersburg's annual revenue requirement for its contribution to the supply of Reactive Power and Voltage Control from Generation Sources Service under Schedule 2 of the PJM Interconnection, L.L.C. open access transmission tariff. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 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 November 27, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23037 Filed 11-26-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP08-70-000] Discovery Gas Transmission LLC; Notice of Petition for Approval of Settlement November 20, 2007. Take notice on November 16, 2007, Discovery Gas Transmission, LLC (Discovery) tendered for filing a “Petition for Approval of Settlement,” including a proposed stipulation and settlement agreement (Settlement Agreement) and associated pro forma tariff sheets. Discovery states that copies of its filing have been served upon all affected customers of Discovery and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time, Tuesday, November 27, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23065 Filed 11-26-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR07-12-002] Enterprise Texas Pipeline LLC; Notice of Compliance Filing November 19, 2007. Take notice that on November 13, 2007, Enterprise Texas Pipeline LLC filed a Report of Refunds in compliance with the Commission's letter order issued on September 4, 2007 in Docket Nos. PR07-12-000 and PR07-12-001. 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, Monday, November 26, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23040 Filed 11-26-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 349-134 and 2407-121] Alabama Power Company; Notice of Availability Of Environmental Assessment November 19, 2007. An environmental assessment
(EA)is available for public review. The EA was prepared for an application filed by Alabama Power Company (licensee) on October 23, 2007, and supplemented on November 14, 2007, requesting Commission approval for a drought-based temporary variance to the Martin Project (FERC No. 349) rule curve and associated temporarily modified minimum flows from the Thurlow development of the Yates and Thurlow Project (FERC No. 2407). The projects are located on the Tallapoosa River in the counties of Coosa, Elmore and Tallapoosa, Alabama. The EA evaluates the environmental impacts that would result from approving the licensee's temporary variance to the Martin Project rule curve and associated minimum flow modification from the Thurlow Development. The EA finds that approval of the application would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is available for review in the Commission's Public Reference Room. A copy of the EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number (P-349) 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. Kimberly D. Bose, Secretary. [FR Doc. E7-23039 Filed 11-26-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-444-000] Jordan Cove Energy Project, L.P.; Notice of Technical Conference November 19, 2007. On Wednesday, December 12, 2007, at 9 a.m. (PST), staff of the Office of Energy Projects will convene an engineering design and technical conference regarding the proposed Jordan Cove LNG import terminal. The conference will be held at the Red Lion Hotel in Coos Bay, Oregon. The hotel is located at 1313 N Bayshore Dr. #1, Coos Bay, OR 97420. For hotel details call
(541)267-4141. In view of the nature of critical energy infrastructure information and security issues to be explored, the cryogenic conference will not be open to the public. Attendance at this conference will be limited to existing parties to the proceeding (anyone who has specifically requested to intervene as a party) and to representatives of interested federal, state, and local agencies. Any person planning to attend the December 12th cryogenic conference *must register* by close of business on Monday, December 10, 2007. Registrations may be submitted either online at *http://www.ferc.gov/whats-new/registration/cryo-conf-form.asp* or by faxing a copy of the form (found at the referenced online link) to 202-208-0353. All attendees must sign a non-disclosure statement prior to entering the conference. Upon arrival at the hotel, check the reader board in the hotel lobby for venue. For additional information regarding the cryogenic conference, please contact Steven Busch at 202-502-6353. Kimberly D. Bose, Secretary. [FR Doc. E7-23041 Filed 11-26-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER07-1372-000, ER07-1372-001] Midwest Independent Transmission System Operator, Inc.; Notice of Staff Technical Conference November 19, 2007. Take notice that on December 6, 2007, a staff technical conference will be held at the Federal Energy Regulatory Commission to discuss the market power analysis and mitigation measures set forth in the Midwest Independent Transmission System Operator, Inc.'s (Midwest ISO) ancillary services market proposal. This technical conference was established in an Order Establishing Technical Conference in the above-captioned dockets, issued November 19, 2007. It will be held in the Commission Meeting Room at the headquarters of the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC from 9 a.m.-4 p.m. (EST). The technical conference will be divided into two sessions. The first session will address market power issues and the second session will address mitigation issues. The format of the conference and sessions will be as follows: Staff and Midwest ISO Introduction To Conference: 9-9:15. First Session: Market Power Issues: Independent Market Monitor
(IMM)Presentation Addressing Appendix Questions: 9:15-9:45. (See attached Appendix to this Notice) Questions and Issues From Parties: 9:45-11:30. Staff Follow-up Questions: 11:30-12. Lunch: 12-1. Second Session: Mitigation Issues: IMM Presentation Addressing Appendix Questions: 1-1:30. Questions and Issues From Parties: 1:30-3:15. Staff Follow-up Questions: 3:15-3:45. Next Steps; 3:45-4. 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 December 20, 2007, and reply comments no later than 5 p.m. Eastern Time on January 7, 2008. 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: John Nail, Office of Energy Market Regulation, Federal Energy Regulatory Commission,
(202)502-8209, *john.nail @ferc.gov.* Kimberly D. Bose, Secretary. Appendix The following questions pertain to aspects of the Midwest ISO proposal that require further clarification. The Midwest ISO is requested to provide materials at the conference addressing these questions and to be prepared to discuss them. The Midwest ISO should provide its full and complete answers to all questions for the record of this proceeding in its filing of comments. Questions To Be Discussed in the First Session • Provide a market power analysis for the spring and fall shoulder seasons. Present the results of the new analysis at the technical conference. • The definition of ancillary services sub-markets: • Provide the basis for how the sub-markets and reserve zones are defined and explain the differences between the two. • Is the IMM market power analysis for only illustrative purposes or is it intended to be relied on in this proceeding? • How will the potential for market power be evaluated as a result of any zonal reconfiguration? • Either submit separate analyses for spinning and supplemental reserves or provide an analysis demonstrating that the two products are substitutes for each other. Present the results of the analysis at the technical conference. • Provide historical data, separately for each ancillary services product (regulating reserves, spinning reserves and supplemental reserves), since the start of the Midwest ISO energy markets that indicates:
(1)The capacity (in MWs) and number of generator resources that could provide ancillary services; and
(2)the actual ancillary services provided, in MW and number of generator resources. Present the results of the analysis at the technical conference. Questions To Be Discussed in the Second Session • What is the basis for the IMM's conclusion that there will be sufficient competition to ensure just and reasonable prices in those hours and locations when mitigation thresholds are not triggered? • Explain how reference levels are determined for suppliers in constrained areas, such as those identified in the IMM analysis. In his testimony, the IMM indicates reference levels are based on competitive offers. Please provide the basis for this assertion and explain whether all offers by suppliers in constrained areas are considered to be offers made under competitive conditions. If not, how does the IMM determine which offers are made under competitive conditions? • Is a backstop reference price, such as is used in the New York Independent System Operator (NYISO), appropriate for sub-markets with only one or two suppliers? Explain the reasons underlying your response. • Considering the market power characteristics of the Midwest ISO ancillary services market and its sub-markets, what are the pros and cons of conduct/impact mitigation compared to mitigating offers at a cost-based rate? • What method and criteria will the IMM use to audit and identify any supplier that withholds power in either the energy or ancillary services markets, including during periods of scarcity pricing? • The Midwest ISO states that variations of how it intends to mitigate its ancillary services market are being used by existing RTOs/ISOs. Explain the similarities and differences between the Midwest ISO mitigation proposal and the PJM Interconnection
(PJM)and California Independent System Operator (CAISO) ancillary services markets mitigation programs. • The Midwest ISO states that there are no unreasonable barriers to entry that would compromise the competitiveness of the Regulating Reserve market. Prospectively, what will the Midwest ISO do to ensure a lack of barriers to entry and encourage suppliers to bid into the congested submarket areas? [FR Doc. E7-23038 Filed 11-26-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OA-2007-0933; FRL-8499-6] Agency Information Collection Activities; Proposed Collection; Comment Request; Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency; EPA ICR No. 2260.02, OMB Control No. 2090-0029 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501, *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is scheduled to expire on 2/29/2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before January 28, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-2007-0933 by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: oei.docket.@epa.gov.* • *Fax:* 202-566-9744 • *Mail:* OEI Docket, USEPA, Mail Code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. *Hand Delivery:* EPA Docket Center, EPA West Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OA-2007-0933. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Vicki Ellis, Office of Cooperative Environmental Management, Mail Code 1601M, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-1203; fax number: 202-564-8129; e-mail address: *ellis.vicki@epa.gov.* SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OA-2007-0933, which is available for online viewing at *www.regulations.gov,* or in person viewing at the Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA West Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. The EPA/DC 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 Reading Room is 202-566-1744, and the telephone number for the Environmental Information Docket is 202-566-9744. Use *www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested In? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? *Affected entities:* Entities potentially affected by this action are approximately 300 candidates for membership as Special Government Employees
(SGEs)on EPA Federal advisory committees. The Form 3110-48 is completed as part of the member selection process and before they are invited to serve as a member of a Federal advisory committee
(FAC)at EPA. *Title:* Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency. *ICR numbers:* EPA ICR No. 2260.02, OMB Control No. 2090-0029. *ICR status:* This ICR is currently scheduled to expire on 02/29/2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, and are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The purpose of this information collection request is to assist the United States Environmental Protection Agency (EPA or the Agency) in selecting Federal advisory committee members who will be appointed as Special Government Employees (SGEs), mostly to EPA's scientific and technical committees. To select SGE members as efficiently and cost effectively as possible, the Agency needs to evaluate potential conflicts of interest before a candidate is hired as an SGE and appointed as a member to a committee by EPA's Administrator or Deputy Administrator. Agency officials developed the “Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency,” also referred to as Form 3110-48, for a greater inclusion of information to discover any potential conflicts of interest as recommended by the Government Accountability Office. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average one hour per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: • *Estimated total number of potential respondents:* 300. • *Frequency of response:* Annual. • *Estimated total average number of responses for each respondent:* 1. • *Estimated total annual burden hours:* 300 hours/1 hour per respondent. • *Estimated total annual costs:* $33,000. There are no capital investment or maintenance and operational costs. Are There Changes in the Estimates From the Last Approval? The burden estimates have been changed to reflect an expected increase of the number of respondents (from 276 to 300), as well as an increase of respondents' costs to complete the form, to cover the next 3 years. What is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact Vicki Ellis, Office of Cooperative Environmental Management, Mail Code 1601M, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-1203; fax number: 202-564-8129; e-mail address: *ellis.vicki@epa.gov.* Dated: November 20, 2007. Rafael DeLeon, Director, Office of Cooperative Environmental Management, Office of the Administrator. [FR Doc. E7-23052 Filed 11-26-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-RCRA-2007-0387; FRL-8499-1] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Hazardous Waste Specific Unit Requirements, and Special Waste Processes and Types (Renewal), EPA ICR Number 1572.07, OMB Control Number 2050-0050 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501, *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before December 27, 2007. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-2007-0387, to
(1)EPA, either online using *www.regulations.gov* (our preferred method), or by e-mail to *rcra-docket@epa.gov* , or by mail to: RCRA Docket (2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; and
(2)OMB, by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Norma Abdul-Malik, Office of Solid Waste (5303P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-308-8753; fax number: 703-308-8617; e-mail address: *abdul-malik.norma@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On June 11, 2007 (72 *FR* 32093), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-RCRA-2007-0387, which is available for online viewing at *www.regulations.gov* , or in person viewing at the Resource Conservation and Recovery Act
(RCRA)Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is
(202)566-1744, and the telephone number for the RCRA Docket is
(202)566-0270. Use EPA's electronic docket and comment system at *www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov.* *Title:* Hazardous Waste Specific Unit Requirements, and Special Waste Processes and Types (Renewal). *ICR numbers:* EPA ICR No. 1572.07, OMB Control No. 2050-0050. *ICR Status:* This ICR is scheduled to expire on November 30, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* This ICR provides a discussion of all of the information collection requirements associated with specific unit standards applicable to owners and operators of facilities that treat, store, or dispose of hazardous wastes as defined by 40 CFR part 261. It includes a detailed description of the data items and respondent activities associated with each requirement and with each hazardous waste management unit at a facility. The specific units and processes included in this ICR are: Tank systems, Surface impoundments, Waste piles, Land treatment, Landfills, Incinerators, Thermal treatment , Chemical, physical, and biological treatment, Miscellaneous (subpart X), Drip pads, Process vents, Equipment leaks , Containment buildings, Recovery/recycling. With each information collection covered in this ICR, EPA is aiding the goal of complying with its statutory mandate under RCRA to develop standards for hazardous waste treatment, storage, and disposal facilities, to protect human health and the environment. Without the information collection, the agency cannot assure that the facilities are designed and operated properly. *Burden Statement* : The annual public reporting and recordkeeping burden for this collection of information is estimated to average as follows: Unit type Hours per response Subpart I: Containers 73 Subpart J: Tank Systems 74 Subpart K: Surface Impoundments 78 Subpart L: Waste Piles 17 Subpart M: Land Treatment 0 Subpart N: Landfills 37 Subpart O: Incinerators 3 Subpart W: Drip Pads 0 Subpart X: Miscellaneous Units 0 Subpart AA: Process Vents 400 Subpart BB: Equipment Leaks 4 Subpart DD: Containment Buildings 27 Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Private sector and State, Local, or Tribal governments. *Estimated Number of Respondents:* 3,326. *Frequency of Response:* On occasion. *Estimated Total Annual Hour Burden:* 626,476. *Estimated Total Annual Cost:* $27,289,816, which includes $23,349,024 annualized labor and $3,940,793 annualized capital and O&M costs. *Changes in the Estimates:* There is a decrease of 42,098 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to the decrease in the number of respondents, which is based on more accurate, current data. Dated: November 19, 2007. Joseph A. Sierra, Acting Director, Collection Strategies Division. [FR Doc. E7-23057 Filed 11-26-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2007-0093; FRL-8499-4] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Clean Air Act Tribal Authority (Renewal); EPA ICR No. 1676.05, OMB Control No. 2060-0306 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501, *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before December 27, 2007. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2007-0093, to
(1)EPA online using *www.regulations.gov* (our preferred method), by e-mail to *a-and-r-Docket@epa.gov* or by mail to: EPA Docket Center, Environmental Protection Agency, Clean Air and Radiation Docket and Information Center (Mailcode 2822T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Darrel Harmon, Office of Air and Radiation, Immediate Office, (6101A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-7416; fax number: 202-501-0394; e-mail address: *harmon.darrel@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 6, 2007 (72 FR 37002), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2007-0093, which is available for online viewing at *www.regulations.gov* , or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air Docket is 202-566-1742. Use EPA's electronic docket and comment system at *www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov* . *Title:* Clean Air Act Tribal Authority (Renewal). *ICR Numbers:* EPA ICR No. 1676.05, OMB Control No. 2060-0306. *ICR Status:* This ICR is scheduled to expire on 12/31/2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* This Information Collection Request
(ICR)seeks authorization for tribes to demonstrate their eligibility to be treated in the same manner as states under the Clean Air Act
(CAA)and to submit applications to implement a CAA program. This ICR extends the collection period of information for determining eligibility, which expires December 31, 2007. The program regulation provides for Indian tribes, if they so choose, to assume responsibility for the development and implementation of CAA programs. The regulation, Indian Tribes: Air Quality Planning and Management (Tribal Authority Rule [TAR] 40 CFR parts 9, 35, 49, 50 and 81), sets forth how tribes may seek authority to implement their own air quality planning and management programs. The rule establishes:
(1)Which CAA provisions Indian tribes may seek authority to implement,
(2)what requirements the tribes must meet when seeking such authorization, and
(3)what Federal financial assistance may be available to help tribes establish and manage their air quality programs. The TAR provides tribes the authority to administer air quality programs over all air resources, including non-Indian owned fee lands, within the exterior boundaries of a reservation and other areas over which the tribe can demonstrate jurisdiction. An Indian tribe that takes responsibility for a CAA program would essentially be treated in the same way as a state would be treated for that program. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 40 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Indian tribes. *Estimated Number of Respondents:* 27. *Frequency of Response:* One-time application. *Estimated Total Annual Hour Burden:* 360. *Estimated Total Annual Cost:* $18,838.20, includes $0 annualized capital or O&M costs. *Changes in the Estimates:* There is no change in hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. Dated: November 20, 2007. Sara Hisel-McCoy, Director, Collections Strategies Division. [FR Doc. E7-23073 Filed 11-26-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2007-0176; FRL-8499-3] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reformulated Gasoline and Conventional Gasoline: Requirements for Refiners, Oxygenated Blenders, and Importers of Gasoline, Requirements for Parties in the Gasoline Distribution Network (Renewal), EPA ICR No. 1591.24, OMB Control No. 2060-0277 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501, *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before December 27, 2007. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2007-0176, to
(1)EPA online using *www.regulations.gov* (our preferred method), by e-mail to *a-and-r-Docket@epa.gov* or by mail to: EPA Docket Center, Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Jose M. Solar, Office of Transportation and Air Quality, mail code 6406J, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-343-9027; fax number: 202-343-2801; e-mail address: *Solar.Jose@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On Tuesday, July 31, 2007 (72 FR 41747), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2007-0176, which is available for online viewing at *www.regulations.gov,* or in person viewing at the Office of Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Office of Air and Radiation Docket is 202-566-1742. Use EPA's electronic docket and comment system at *www.regulations.gov,* to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov.* *Title:* Reformulated Gasoline and Conventional Gasoline: Requirements for Refiners, Oxygenated Blenders, and Importers of Gasoline and Requirements for Parties in the Gasoline Distribution Network (Renewal). *ICR numbers:* EPA ICR No. 1591.24, OMB Control No. 2060-0277. *ICR Status:* This ICR is scheduled to expire on November 30, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* Gasoline combustion is the major source of air pollution in most urban areas. In the 1990 Amendments to the Clean Air Act (Act), section 211(k), Congress required that gasoline dispensed in nine areas with severe air quality problems, and areas that opt-in, be reformulated to reduce toxic and ozone-forming emissions. (Ozone is also known as smog.) Congress also required that, in the process of producing reformulated gasoline (RFG), dirty components removed in the reformulation process not be “dumped” into the remainder of the country's gasoline, known as conventional gasoline (CG). The Environmental Protection Agency
(EPA)promulgated regulations at 40 CFR part 80, Subpart D—Reformulated Gasoline, Subpart E—Anti-Dumping, and Subpart F—Attest Engagements, implementing the statutory requirements, which include standards for RFG (§ 80.41) and CG (§ 80.101). The regulations also contain reporting and recordkeeping requirements for the production, importation, transport and storage of gasoline, in order to demonstrate compliance and facilitate compliance and enforcement. The program is run by the Transportation and Regional Programs Division, Office of Transportation and Air Quality, Office of Air and Radiation. Enforcement is done by the Air Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance. This program excludes California, which has separate requirements for gasoline. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 2.4 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Refiners, Oxygenate Blenders, and Importers of Gasoline; Requirements for Parties in the Gasoline Distribution Network. *Estimated Number of Respondents:* 4,068. *Frequency of Response:* Once, Quarterly, Annually, On Occasion. *Estimated Total Annual Hour Burden:* 127,041. *Estimated Total Annual Cost:* $35,255,669, which includes $25,092,389 in annualized capital or O&M costs. *Changes in the Estimates:* There is an increase of 5,351 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This increase is due to new requirements. Dated: November 20, 2007. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E7-23074 Filed 11-26-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6693-4] Intent To Prepare an Environmental Impact Statement; Apra Harbor, GU AGENCY: U.S. Environmental Protection Agency (EPA). ACTION: Notice of Intent to prepare an Environmental Impact Statement
(EIS)to designate a permanent ocean dredged material disposal site (ODMDS) off Apra Harbor, Guam. *Purpose:* EPA has the authority to designate ODMDSs under section 102 of the Marine Protection, Research and Sanctuaries Act (MPRSA) of 1972 (33 USC 1401 *et. seq.* ). It is EPA's policy to publish an EIS for all ODMDS designations (39 FR 37119, October 1974). Comments on the scope of the EIS evaluation will be accepted for 45 days from the date of this notice. FOR FURTHER INFORMATION, TO SUBMIT COMMENTS, AND TO BE PLACED ON A PROJECT MAILING LIST, CONTACT: Mr. Allan Ota, U.S. Environmental Protection Agency, Region 9, Dredging and Sediment Management Team (WTR-8), 75 Hawthorne Street, San Francisco, California 94105-3901, Telephone:
(415)972-3476 or Fax:
(415)947-3537 or E-mail: *R9Guam_ODMDS_Scoping@epa.gov.* SUMMARY: EPA intends to conduct public meetings and collect public comments in advance of preparing an EIS to designate a permanent ODMDS off Apra Harbor, Guam. This EIS will be prepared in cooperation with the U.S. Department of the Navy (Navy). An EIS is needed to provide the environmental information necessary to evaluate the potential environmental impacts associated with ODMDS alternatives and select a preferred alternative that meets EPA's site selection criteria at 40 CFR 228.5 and 228.6. *Need for Action:* Both the Navy and the Port Authority of Guam
(PAG)have plans to expand their operations in Apra Harbor, Guam. Expansion of the Apra Harbor Naval Complex and Commercial Port is proposed to accommodate projected increases in vessel and cargo traffic, newer classes of vessels and dockside maintenance and support operations. Expansion plans would require dredging to increase water depths for the safe navigation of military and commercial vessels. In addition, ongoing navigation activities also require periodic maintenance dredging. It should be noted that designation of an ODMDS does not constitute approval of ocean disposal. The Corps, with EPA concurrence, must first determine on a case by case basis that the proposed dredged material is suitable and that all beneficial reuse or other alternatives to ocean disposal have been considered. However, not all of the anticipated dredged materials can be accommodated in existing landfills and these sediments may not all be suitable for beneficial re-use (e.g., construction fills, wetlands restoration). Therefore, it is necessary to establish a permanent ODMDS to accommodate dredged material generated from anticipated new work and maintenance dredging in Apra Harbor. *Alternatives:* The following proposed alternatives have been tentatively defined. —“No Action”—Do not designate a permanent ODMDS, and continue to manage dredged material generated from new work and maintenance dredging with existing landfill and construction fill options subject to disposal volume limits. Future expansion of the naval and commercial port facilities will be limited significantly. —“North Alternative ODMDS”—Designate a permanent ODMDS north of Apra Harbor, Guam, in a study area approximately 12-15 nautical miles offshore and in depths ranging from 6,000 to 6,600 feet. —“Northwest Alternative ODMDS”—Designate a permanent ODMDS northwest of Apra Harbor, Guam, in a study area approximately 9-15 nautical miles offshore and in depths ranging from 6,600 to 8,400 feet. The North and Northwest study areas were identified in the Zone of Siting Feasibility
(ZSF)Study, Ocean Dredged Material Disposal Site, Apra Harbor, Guam, Final Report (September 2006). This ZSF study excluded areas from further consideration, such as: shipping lanes, navigational hazards, military operating areas (i.e., for submarines), marine protected areas (i.e., marine preserves), and important fishing areas (commercial and recreational). *Scoping:* EPA is requesting written comments from federal, state, and local governments, industry, non-governmental organizations, and the general public on the range of alternatives considered, specific environmental issues to be evaluated in the EIS, and the potential impacts of the alternatives for an ODMDS designated offshore of Apra Harbor, Guam. Scoping comments will be accepted for 45 days, beginning with the date of this Notice. A public scoping meeting is scheduled on the following date: December 6, 2007, from 6-8 p.m., at The Weston Resort Guam, 105 Gun Beach Road, Tumon, Guam. The EPA presentation will be followed by public comments and questions. *Estimated Date of Draft EIS Release:* March 2009. Dated: November 9, 2007. Laura Yoshii, Deputy Regional Administrator, Environmental Protection Agency, Region 9. Dated: November 20, 2007. Anne Norton-Miller, Director, OFA. [FR Doc. E7-23043 Filed 11-26-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2006-0340; FRL-8499-5] Renewable Fuel Standard Under Section 211(o) of the Clean Air Act as Amended by the Energy Policy Act of 2005 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Section 211(o) of the Clean Air Act (the Act), as amended by the Energy Policy Act of 2005, requires the Administrator of the Environmental Protection Agency
(EPA)to annually determine a renewable fuel standard
(RFS)which is applicable to refiners, importers and certain blenders of gasoline, and publish the standard in the **Federal Register** by November 30 of each year. On the basis of this standard, each obligated party determines the volume of renewable fuel that it must ensure is consumed as motor vehicle fuel. This standard is calculated as a percentage, by dividing the amount of renewable fuel that the Act requires to be blended into gasoline for a given year by the amount of gasoline expected to be used during that year, including certain adjustments specified by the Act. In this notice we are publishing an RFS of 4.66% for 2008. FOR FURTHER INFORMATION CONTACT: Chris McKenna, Environmental Protection Agency, MC 6406J, 1200 Pennsylvania Ave., NW., Washington, DC 20460; *telephone number:* 202-343-9037; *fax number:* 202-343-2801; *e-mail address: mckenna.chris@epa.gov* . SUPPLEMENTARY INFORMATION: I. Calculation of the 2008 RFS A. Background The preamble to the final rulemaking for the Renewable Fuel Standard Program included a projected RFS for 2008 of 4.63%. 72 FR 23912 (May 1, 2007). In today's notice we are again using the calculational procedure from the final rulemaking to calculate the 2008 RFS. However, since some projections and assumptions used in the final rulemaking to calculate the projected 2008 RFS have changed, today's notice includes a recalculated and final 2008 RFS using the most recently available information. Since the RFS rule established clear legal criteria for deriving the standard (including specification of the formula used in today's notice, and all data sources), EPA is simply applying facts to pre-established law in issuing the final 2008 RFS standard. EPA is advising the regulated community of the revised standard through a **Federal Register** Notice, without prior notice and comment, in accordance with the Clean Air Act and EPA regulations. The 2008 RFS is calculated by dividing the volume of renewable fuels required by the Act to be blended into gasoline in 2008, by the volume of gasoline projected by the Energy Information Administration
(EIA)to be consumed in 2008 (including certain adjustments specified by the Act). The following equation from the final RFS Program regulations summarizes all of the variables that must be considered in the calculation. EN27NO07.004 Where: RFStd <sup>i</sup> = Renewable Fuel Standard in year i, in percent RFV <sup>i</sup> = Annual volume of renewable fuels required by section 211(o)(2)(B) of the Act for year i, in gallons G <sup>i</sup> = Amount of gasoline projected to be used in the 48 contiguous states, in year i, in gallons R <sup>i</sup> = Amount of renewable fuel blended into gasoline that is projected to be consumed in the 48 contiguous states, in year i, in gallons GS <sup>i</sup> = Amount of gasoline projected to be used in Alaska, Hawaii, or a U.S. territory in year i if the state or territory opts-in, in gallons RS <sup>i</sup> = Amount of renewable fuel blended into gasoline that is projected to be consumed in Alaska, Hawaii, or a U.S. territory in year i if the state or territory opts-in, in gallons GE <sup>i</sup> = Amount of gasoline projected to be produced by exempt small refineries and small refiners in year i, in gallons (through 2010 only unless exemption extended under §§ 211(o)(9)(A)(ii) or (B)). Cell <sup>i</sup> = Beginning in 2013, the amount of renewable fuel that is required to come from cellulosic sources, in year i, in gallons (250,000,000 gallons minimum) B. Data Sources for 2008 RFS Calculation The following discussion describes the sources of data for the variables in the above equation. For ease of calculation, this discussion regroups the terms (G <sup>i</sup> − R <sup>i</sup> ) + (GS <sup>i</sup> − RS <sup>i</sup> ) in the denominator of the above equation into the terms (G <sup>i</sup> + GS <sup>i</sup> ) − (R <sup>i</sup> + RS <sup>i</sup> ). Calculation of (RFV <sup>i</sup> − Cell <sup>i</sup> ), Total Amount of Renewable Fuels From Non-cellulosic Sources That Must Be Blended Into Gasoline in 2008 The Act requires 5.4 billion gallons of renewable fuels to be blended into gasoline in 2008. Because there is no cellulosic volume requirement in the Act until 2013, the amount of renewable fuel that the Act requires to be produced from cellulosic sources in 2008 (Cell <sup>i</sup> ) is zero. Thus the total amount of renewable fuels from non-cellulosic sources that must be blended into gasoline in 2008 is 5.4 billion gallons. Calculation of (G <sup>i</sup> + GS <sup>i</sup> ), Total Amount of Gasoline Projected To Be Used in the 48 Contiguous States Plus Opt-in States/Territories, in Year i, in Gallons The Act requires the Administrator of the EIA by October 31 of each year to provide EPA with an estimate of the volumes of gasoline projected to be sold or introduced into commerce in the United States for the following year. During the development of the RFS Program, EIA informed EPA that the projected gasoline consumption in “Table 4a: U.S. Petroleum Supply, Consumption, and Inventories” (formerly “Table 5a. U.S. Petroleum Supply and Demand: Base Case”) of the October issue of the monthly *Short-Term Energy Outlook*
(STEO)should be used to calculate the RFS for the coming year. The October 2007 STEO projects that an average of 9.42 million barrels/day of gasoline will be consumed in all of the United States in 2008. Multiplying this average consumption rate by 366 days (2008 is a leap year) produces a total consumption of 144.80 billion gallons of gasoline in 2008. Only one non-contiguous state or territory has petitioned EPA to opt into the RFS Program beginning in 2008. Hawaii petitioned EPA on June 22, 2007 to opt into the RFS program, and EPA approved their request. 1 Thus, Alaska is the only one of the 50 states that is not included in the RFS Program. 1 Letter to the Honorable Laura Lingle, Governor of Hawaii, from Stephen Johnson of EPA dated July 30, 2007. In order to calculate gasoline consumption in the 48 contiguous states plus Hawaii, we subtracted Alaska's projected gasoline consumption from the projected nationwide gasoline consumption of 144.80 billion gallons. Alaska's projected gasoline consumption was calculated by multiplying the projected nationwide gasoline consumption in 2008 by the ratio of Alaska's gasoline consumption in 2006 to the total U.S. consumption in 2006, based on Table 48, “Prime Supplier Sales Volumes of Motor Gasoline by Grade Formulation, PAD District, and State” gasoline data from EIA's *Petroleum Marketing Annual* 2006 (the final rulemaking used data from *Petroleum Marketing Annual 2005* ). According to EIA, Prime Supplier data reflects where gasoline is used, rather than where it is produced. 2 Alaska's projected gasoline consumption in 2008 is 0.30 billion gallons. Subtracting this consumption from the projected nationwide consumption of 144.80 billion gallons in 2008 produces a total consumption of 144.50 billion gallons of gasoline in 2008 in the 48 contiguous states plus Hawaii. 2 Energy Information Administration, Petroleum Marketing Annual 2006, Explanatory Notes, Relationship of Refiner and Prime Supplier Sales Volumes (p. 382). Calculation of (R <sup>i</sup> + RS <sup>i</sup> ), Total Amount of Renewable Fuel Blended Into Gasoline That Is Projected To Be Consumed in the 48 Contiguous States Plus Opt-in States/Territories, in Year i, in Gallons The projected gasoline consumption in the October 2007 STEO includes renewable fuel that is blended into gasoline. This volume of renewable fuel must be subtracted from the total volume of gasoline in order to calculate the total consumption of non-renewable gasoline. In Table 8 of the October 2007 STEO, EIA estimates that 0.755 quadrillion Btu of ethanol will be used as transportation fuel in all of the United States in 2008. Dividing this energy usage by the high heating value of ethanol (3.539 million Btu/barrel), and multiplying by 42 gallons/barrel produces a total ethanol usage of 8.96 billion gallons nationwide in 2008. Since Hawaii has opted in, but Alaska has not opted in, to the RFS program for 2008, Alaska's renewable fuels consumption must be subtracted from the nationwide renewable fuels consumption to calculate renewable consumption in the 48 contiguous states plus Hawaii. In Chapter 2 of the Regulatory Impact Analysis for the RFS program rulemaking, EPA estimated that ethanol consumption in Alaska would be negligible prior to 2012. Thus, we project renewable fuels consumption in the 48 contiguous states plus Hawaii to be 8.96 billion gallons in 2008. 3 3 Table 2.2-21 “2012 Forecasted Ethanol Consumption by State,” Regulatory Impact Analysis: Renewable Fuel Standard Program, April 2007. Calculation of GE <sup>i</sup> , Amount of Gasoline Projected To Be Produced by Exempt Small Refineries and Small Refiners in Year i, in Gallons 4 4 Through 2010 only, unless the exemption is extended under 211(o)(9(A)(ii) or
(B)of the Act. In the final rulemaking, we stated that we would estimate the combined small refinery and small refiner gasoline volume using a constant percentage of national consumption. Using information from gasoline batch reports submitted to EPA, EIA data and input from the California Air Resources Board regarding California small refiners, we estimated this percentage to be 13.5%. 5 Multiplying the projected nationwide consumption of gasoline in 2008 (144.80 billion gallons) by 13.5% results in a total projected production of 19.55 billion gallons of gasoline from small refiners and small refineries in 2008. 5 “Calculation of the Small Refiner/Small Refinery Fraction for the Renewable Fuel Program,” memo to the docket from Christine Brunner, ASD, OTAQ, EPA, September 2006. Calculation of RFStd <sup>i</sup> , Renewable Fuel Standard in Year i, in Percent Substituting all of the terms calculated above into the equation for RFStd <sup>i</sup> results in the following RFS for 2008, EN27NO07.005 Therefore, the RFS for 2008 is 4.66%. This is the standard referenced in 40 CFR 80.1105(b) through
(d)and which obligated parties apply to determine their renewable volume obligation under 40 CFR 80.1107. Dated: November 20, 2007. Stephen L. Johnson, Administrator. [FR Doc. E7-23095 Filed 11-26-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8499-2] Proposed Cercla Administrative Agreement for the Recovery of Past and Future Response Costs Incurred at the Vermiculite Intermountain Site in Salt Lake City, UT AGENCY: Environmental Protection Agency (EPA). ACTION: Notice and request for public comment. SUMMARY: In accordance with the requirements of Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement under section 122(h)(1)of CERCLA, 42 U.S.C. 9622(h)(1), concerning the Vermiculite Intermountain Site located at and around 333 West 100 South in Salt Lake City, Utah. This settlement, embodied in a CERCLA Section 104, 106(a), 107 and 122(h) Administrative Settlement Agreement and Order On Consent for Removal Action (“Agreement”), is designed to resolve the liability of Settling Respondents for past and future costs at the Site through covenants under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, while requiring long-term institutional controls to protect remedies already in place at the Site. The proposed Agreement requires the Van Cott, Bagley, Cornwall & McCarthy 401(k) Profit Sharing Plan Supplemental Trust to pay a total of $100,000, La Quinta Properties, Inc., to pay a total of $441,000 and recognizes PacifiCorp's performance of approximately $3.5 million in cleanup work at the Site. In addition, PacifiCorp and La Quinta Properties, Inc., will record EPA-approved Environmental Covenants to ensure the continued protection of remedial features at the Site. *Opportunity for Comment:* For thirty
(30)days following the date of publication of this notice, the Agency will consider all comments received, and may modify or withdraw its consent to the Agreement if comments received disclose facts or considerations which indicate that the Agreement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at EPA Region 8's Central Records Center, 1595 Wynkoop Street, 3rd Floor, in Denver, Colorado. DATES: Comments must be submitted on or before December 27, 2007. ADDRESSES: The proposed Agreement and additional background information relating to the settlement are available for public inspection at EPA Region 8's Central Records Center, 1595 Wynkoop Street, 3rd Floor, in Denver, Colorado. Comments and requests for a copy of the proposed Agreement should be addressed to Kelcey Land (8ENF-RC), Technical Enforcement Program, U.S. Environmental Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-1129, and should reference the Settlement for the Vermiculite Intermountain Site, in Salt Lake City, Utah. FOR FURTHER INFORMATION CONTACT: Kelcey Land, Enforcement Specialist (8ENF-RC), Technical Enforcement Program, U.S. Environmental Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303)312-6393. SUPPLEMENTARY INFORMATION: Regarding the proposed administrative settlement under Sections 104, 106(a), 107 and 122(h)(1) of CERCLA, 42 U.S.C. 9604, 9606(a), 9607 and 9622(h)(1): In accordance with section 122(i) of CERCLA, 42 U.S.C. 9622(i), notice is hereby given that the terms of the Agreement have been agreed to by the Settling Respondents and EPA. By the terms of the proposed Agreement, the Van Cott, Bagley, Cornwall & McCarthy 401(k) Profit Sharing Plan Supplemental Trust will pay a total of $100,000 and La Quinta Properties will pay $441,000 to the Hazardous Substance Superfund. These payments, in addition to the cleanup already performed by PacifiCorp, amounts to more than half of the funds expended at the Site. *It is so agreed:* Dated: November 14, 2007. Eddie A. Sierra, Acting Assistant Regional Administrator, Office of Enforcement, Compliance, and Environmental Justice, Region 8. [FR Doc. E7-23064 Filed 11-26-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL ELECTION COMMISSION [Notice 2007-24] Filing Dates for the Louisiana Special Election in the 1st Congressional District AGENCY: Federal Election Commission. ACTION: Notice of filing dates for special election. SUMMARY: Louisiana has scheduled special elections to fill the U.S. House of Representatives seat in the First Congressional District being vacated by Representative Bobby Jindal. There are three possible special elections, but only two may be necessary. • *Primary Election:* March 8, 2008. • *Possible Runoff Election:* April 5, 2008. In the event that one candidate does not achieve a majority vote in his/her party's Special Primary Election, the top two vote-getters will participate in a Special Runoff Election. • *General Election:* May 3, 2008. However, if a Special Runoff Election is not necessary, the Special General will instead be held on April 5, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Kevin R. Salley, Information Division, 999 E Street, NW., Washington, DC 20463; Telephone:
(202)694-1100; Toll Free
(800)424-9530. SUPPLEMENTARY INFORMATION: Principal Campaign Committees Special Primary Only All principal campaign committees of candidates *only* participating in the Louisiana Special Primary shall file a 12-day Pre-Primary Report on February 25, 2008. (See chart below for the closing date for the report.) Special Primary and General Without Runoff If only two elections are held, all principal campaign committees of candidates participating in the Louisiana Special Primary and Special General Elections shall file a 12-day Pre-Primary Report on February 25, 2008; a Pre-General Report on March 24, 2008; and a Post-General Report on May 5, 2008. (See chart below for the closing date for each report.) Special Primary and Runoff Elections If three elections are held, all principal campaign committees of candidates *only* participating in the Louisiana Special Primary and Special Runoff Elections shall file a 12-day Pre-Primary Report on February 25, 2008; and a Pre-Runoff Report on March 24, 2008. (See chart below for the closing date for each report.) Special Primary, Runoff and General Elections All principal campaign committees of candidates participating in the Louisiana Special Primary, Special Runoff and Special General Elections shall file a 12-day Pre-Primary Report on February 25, 2008; a Pre-Runoff Report on March 24, 2008; a Pre-General Report on April 21, 2008; and a Post-General Report on June 2, 2008. (See chart below for the closing date for each report.) Unauthorized Committees (PACs and Party Committees) Political committees that file on a quarterly basis during 2008 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the Louisiana Special Primary, Runoff or General Elections by the close of books for the applicable report(s). Consult the chart below that corresponds to the committee's situation for close of books and filing date information. Committees filing monthly that support candidates in the Louisiana Special Primary, Special Runoff or Special General Elections should continue to file according to the monthly reporting schedule. Additional disclosure information in connection with the Louisiana Special Election may be found on the FEC Web site at *http://www.fec.gov/info/report_dates.shtml* . Calendar of Reporting Dates for Louisiana Special Elections Report Close of books 1 Reg./cert. & overnight mailing deadline Filing deadline Committees Involved in Only the Special Primary (03/08/08) Must File: Pre-Primary 02/17/08 02/22/08 02/25/08 April Quarterly 03/31/08 04/15/08 04/15/08 If Only Two Elections Are Held, Committees Involved in Both the Special Primary (03/08/08) and the Special General (04/05/08) 2 Must File: Pre-Primary 02/17/08 02/22/08 02/25/08 Pre-General 03/16/08 03/21/08 03/24/08 April Quarterly 03/31/08 04/15/08 04/15/08 Post-General 04/25/08 05/05/08 05/05/08 July Quarterly 06/30/08 07/15/08 07/15/08 If Two Elections Are Held, Committees Involved in *Only* the Special General (04/05/08) 2 Must File: Pre-General 03/16/08 03/21/08 03/24/08 April Quarterly 03/31/08 04/15/08 04/15/08 Post-General 04/25/08 05/05/08 05/05/08 July Quarterly 06/30/08 07/15/08 07/15/08 If Three Elections Are Held, Committees Involved in Only the Special Primary (03/08/08) and Special Runoff (04/05/08) Must File: Pre-Primary 02/17/08 02/22/08 02/25/08 Pre-Runoff 03/16/08 03/21/08 03/24/08 April Quarterly 03/31/08 04/15/08 04/15/08 Committees Involved in Only the Special Runoff (04/05/08) Must File: Pre-Runoff 03/16/08 03/21/08 03/24/08 April Quarterly 03/31/08 04/15/08 04/15/08 Committees Involved in the Special Primary (03/08/08), Special Runoff (04/05/08) and the Special General (05/03/08) Must File: Pre-Primary 02/17/08 02/22/08 02/25/08 Pre-Runoff 03/16/08 03/21/08 03/24/08 April Quarterly —Waived— Pre-General 04/13/08 04/18/08 04/21/08 Post-General 05/23/08 06/02/08 06/02/08 July Quarterly 06/30/08 07/15/08 07/15/08 If Three Elections Are Held, Committees Involved in *Only* the Special General (05/03/08) Must File: April Quarterly —Waived— Pre-General 04/13/08 04/18/08 04/21/08 Post-General 05/23/08 06/02/08 06/02/08 July Quarterly 06/30/08 07/15/08 07/15/08 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee's first activity. 2 If a Special Runoff Election is necessary, it will be held April 5, 2008, and the Special General Election will be held on May 3, 2008. Dated: November 21, 2007. Robert D. Lenhard, Chairman, Federal Election Commission. [FR Doc. E7-23075 Filed 11-26-07; 8:45 am] BILLING CODE 6715-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov).* *Agreement No.:* 011602-011. *Title:* Grand Alliance Agreement II. *Parties:* Hapag-Lloyd AG; Hapag-Lloyd USA LLC; Nippon Yusen Kaisha; Orient Overseas Container Line, Inc.; Orient Overseas Container Line Limited; and Orient Overseas Container Line (Europe) Limited. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment extends the agreement for ten years. It would also increase the number and size of vessels the parties are authorized to deploy, clarify the parties' use of space, delete the minimum service duration, and reduce the notice required for membership withdrawals. The parties request expedited review. *Agreement No.:* 201048-002. *Title:* Restated Lease and Operating Agreement between PRPA and DRS. *Parties:* Philadelphia Regional Port Authority and Delaware River Stevedores, Inc. *Filing Party:* Paul D. Coleman, Esq.; Hoppel, Mayer & Coleman; 1000 Connecticut Avenue, NW.; Washington, DC 20036. *Synopsis:* The amendment changes the insurance language of the lease. By Order of the Federal Maritime Commission. Dated: November 21, 2007. Karen V. Gregory, Assistant Secretary. [FR Doc. E7-23060 Filed 11-26-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than December 10, 2007. **A. Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. Christopher T. Moser, and FFP Investments, Ltd. (its general partner, WAFCO, Inc., and William A. Freed, principal)* , all of San Antonio, Texas; to acquire voting shares of Medina Community Bancshares, Inc., and thereby indirectly acquire voting shares of Community National Bank, both of Hondo, Texas. Dated: November 20, 2007. Board of Governors of the Federal Reserve System. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-22965 Filed 11-26-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than December 14, 2007. **A. Federal Reserve Bank of Kansas City** (Todd Offenbacker, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. Max T. Wake* , Lincoln, Nebraska and Elizabeth B. Wake, San Francisco, California; to acquire voting shares of Jones National Corporation, and thereby acquire shares of The Jones National Bank & Trust Company of Seward, both in Seward, Nebraska. Board of Governors of the Federal Reserve System, November 21, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-23014 Filed 11-26-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 20, 2007. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. Investors Bancorp, MHC, and Investors Bancorp, Inc.* , both of Short Hills, New Jersey; to acquire Summit Federal Bankshares, MHC, and thereby indirectly acquire Summit Federal Bankshares, Inc., and Summit Federal Savings Bank, all of Summit, New Jersey, and engage in operating a savings and loan association, pursuant to section 225.28(b)(4)(ii) of Regulation Y. November 20, 2007. Board of Governors of the Federal Reserve System. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc.E7-22964 Filed 11-26-07; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0200] General Services Administration Acquisition Regulation; Information Collection; Sealed Bidding AGENCY: Office of the Chief Acquisition Officer, GSA. ACTION: Notice of request for comments regarding a renewal to an existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget
(OMB)a request to review and approve an extension of a currently approved information collection requirement regarding sealed bidding. The clearance currently expires on April 30, 2008. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate and based on valid assumptions and methodology; and ways to enhance the quality, utility, and clarity of the information to be collected. DATES: Submit comments on or before January 28, 2008. FOR FURTHER INFORMATION CONTACT: Michael Jackson, Procurement Analyst, Contract Policy Division, at telephone
(202)208-4949 or via e-mail to *michaelo.jackson@gsa.gov* . ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Regulatory Secretariat (VIR), General Services Administration, Room 4035, 1800 F Street, NW., Washington, DC 20405. Please cite OMB Control No. 3090-0200, Sealed Bidding, in all correspondence. SUPPLEMENTARY INFORMATION: A. Purpose The General Services Administration is requesting that the Office of Management and Budget
(OMB)review and approve information collection, 3090-0200, Sealed Bidding. The information requested regarding an offeror's monthly production capability is needed to make progressive awards to ensure coverage of stock items. B. Annual Reporting Burden *Respondents:* 10. *Responses Per Respondent:* 1. *Hours Per Response:* .5. *Total Burden Hours:* 5. *OBTAINING COPIES OF PROPOSALS:* Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW., Room 4035, Washington, DC 20405, telephone
(202)208-7312. Please cite OMB Control No. 3090-0200, Sealed Bidding, in all correspondence. Dated: November 8, 2007. Al Matera, Director, Acquisition Policy. [FR Doc. 07-5837 Filed 11-26-07; 8:45 am]
Connectionstraces to 27
Traces to 27 documents
18 references not yet in our index
  • 34 CFR 300.18
  • 34 CFR 304
  • 34 CFR 79
  • 34 CFR 5
  • Pub. L. 107-347
  • 3 CFR 1949
  • 3 CFR 1954
  • Pub. L. 106-580
  • 40 CFR 9
  • 5 CFR 1320.12
  • 5 CFR 1320.5(a)(1)(iv)
  • 5 CFR 1320.8(d)
  • 40 CFR 261
  • 40 CFR 80
  • 40 CFR 228.5
  • 40 CFR 80.1105(b)
  • 40 CFR 80.1107
  • 12 CFR 225
Citation graph
cites case law
Notices
Notice; correction
C.F.R.§ 75.105
C.F.R.§ 75.590
C.F.R.§ 304.3
C.F.R.§ 75.253
U.S.C.§ 553
U.S.C.§ 1462
Fed. Reg.Notices
C.F.R.§ 75.210
C.F.R.§ 75.118
Cite34 CFR 300.18
Cite34 CFR 304
Cite34 CFR 79
Cites 45 · showing 12Cited by 0 across 0 sources
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