Notices. Notice of proposed new fee sites

24,408 words·~111 min read·/register/2007/12/06/07-5942

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BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Forest Service Notice of Proposed New Fee Sites—Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447) AGENCY: Rogue River—Siskiyou National Forest, USDA Forest Service. ACTION: Notice of proposed new fee sites. SUMMARY: The Rogue River—Siskiyou National Forest is planning to charge fees at four new recreational-rental facilities. All four sites are Forest Service structures that are listed on the National Register of Historic Places; each of them has recently been repaired/restored and has had amenities added to improve services and experiences.

Big Elk Guard Station, Lodgepole Guard Station, and Hershberger Mountain Lookout (all located on the High Cascades Ranger District) will become available for overnight rental; Squaw Peak Lookout (on the Siskiyou Mountains Ranger District) will also become available for overnight rental. Although different at each site, the new amenities range from electricity (Big Elk) and running water/indoor toilet (Lodgepole ) to vault toilets, working fireplaces, horse paddocks, and/or road-access improvements.

The range of fees stated here is only proposed, and the actual fee for each site will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance of these recreation sites. A financial analysis is being done to determine the rental fees, but they may range between $40 and $80 per night. The Rogue River—Siskiyou National Forest currently has ten other rental cabins or lookouts, and they are often booked up during the recreation season.

The fees would continue to help preserve these particular structures and maintain their historic integrity. DATES: New fees would begin after May 2008 and contingent upon completion of certain improvements. The rentals would be available once a final decision is made and they are listed with the National Recreation Reservation Service. ADDRESSES: Scott Conroy, Forest Supervisor, Rogue River—Siskiyou National Forest, 333 West 8th St., Medford, Oregon 97501. FOR FURTHER INFORMATION CONTACT:

John Borton, Recreation Fee Coordinator, 541-858-2300. Information about proposed fee changes can also be found on the Rogue River—Siskiyou National Forest Web site: *http://www.fs.fed.us/r6/rogue-siskiyou* . SUPPLEMENTARY INFORMATION: The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108-447) directed the Secretary of Agriculture to publish a six-month advance notice in the **Federal Register** whenever new recreation fee areas are established. Once public involvement is complete, these new fees will be reviewed by a Recreation Resource Advisory Committee prior to a final decision and implementation.

Once in operation, people wanting to rent Big Elk Guard Station, Lodgepole Guard Station, Hershberger Mountain Lookout, or Squaw Peak Lookout would need to do so through the National Recreation Reservation Service, at *http://www.reserveusa.com* or by calling 1-877-444-6777. Dated: November 27, 2007. Scott Conroy, Forest Supervisor. [FR Doc. E7-23648 Filed 12-5-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-851] Certain Preserved Mushrooms From the People's Republic of China:

Final Results of the Tenth Antidumping Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 15, 2007, the Department of Commerce (“the Department”) published in the **Federal Register** the preliminary results of the new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (“PRC”) for Guangxi Jisheng Foods, Inc. (“Jisheng”). *See Certain Preserved Mushrooms From the People's Republic of China:

Preliminary Results of the Antidumping Duty New Shipper Review,* 72 FR 45734 (August 15, 2007) (“ *Preliminary Results* ”). We gave interested parties an opportunity to comment on the *Preliminary Results* , but we did not receive any comment. Also, we find after reviewing the record evidence submitted by interested parties after the *Preliminary Results* that there is no other basis to change the *Preliminary Results.* Therefore, we made no changes to the dumping margin calculations for these final results.

DATES: *Effective Dates:* December 6, 2007. FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-1394. SUPPLEMENTARY INFORMATION: Case History The *Preliminary Results* for this administrative review were published on August 15, 2007. Since the *Preliminary Results,* the following events have occurred: Questionnaires On August 30, 2007, the Department issued a post-preliminary results supplemental questionnaire to Jisheng. On September 12, 2007, Jisheng requested a two-day extension to respond to the Department's August 30, 2007, supplemental questionnaire. On September 12, 2007, the Department granted Jisheng an extension of two days to submit its response to the August 30, 2007, questionnaire. On September 14, 2007, Jisheng submitted its post-preliminary results supplemental questionnaire response. Verification On September 12, 2007, the Department issued the verification schedule of Jisheng. On October 5, 2007, the Department issued the outline of the verification of Jisheng that was scheduled for October 22 through 24, 2007. On October 18, 2007, the Department notified interested parties that the verification of Jisheng had been cancelled. Case Briefs and Rebuttal Briefs On October 3, 2007, because the Department had extended the final results of this new shipper review and intended to verify Jisheng, the Department extended the deadline for interested parties to submit case briefs and rebuttal briefs. The Department extended the deadline for case briefs from September 14, 2007 to November 14, 2007, and rebuttal briefs from September 19, 2007 to November 19, 2007. On October 18, 2007, the Department notified interested parties that, due to the cancellation of Jisheng's verification, the deadline to submit case briefs was November 1, 2007. Additionally, the deadline to submit rebuttal briefs was changed to November 6, 2007. Hearing No party requested a hearing for this new shipper review. Extension of Final Results On September 27, 2007, the Department extended the time limit for completion of the final results of the instant new shipper review. *See Certain Preserved Mushrooms From the People's Republic of China: Extension of Time Limit for the Final Results of the Tenth Antidumping Duty New Shipper Review,* 72 FR 54899 (September 27, 2007). Scope of the Order The products covered by this order are certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The certain preserved mushrooms covered under this order are the species *Agaricus bisporus* and *Agaricus bitorquis.* “Certain Preserved Mushrooms” refers to mushrooms that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heated in containers including, but not limited to, cans or glass jars in a suitable liquid medium, including, but not limited to, water, brine, butter or butter sauce. Certain preserved mushrooms may be imported whole, sliced, diced, or as stems and pieces. Included within the scope of this order are “brined” mushrooms, which are presalted and packed in a heavy salt solution to provisionally preserve them for further processing. Excluded from the scope of this order are the following:

(1)All other species of mushroom, including straw mushrooms;

(2)all fresh and chilled mushrooms, including “refrigerated” or “quick blanched mushrooms”;

(3)dried mushrooms;

(4)frozen mushrooms; and

(5)“marinated,” “acidified,” or “pickled” mushrooms, which are prepared or preserved by means of vinegar or acetic acid, but may contain oil or other additives. 1 1 On June 19, 2000, the Department affirmed that “marinated,” “acidified,” or “pickled” mushrooms containing less than 0.5 percent acetic acid are within the scope of the antidumping duty order. *See* “Recommendation Memorandum-Final Ruling of Request by Tak Fat, *et al.* for Exclusion of Certain Marinated, Acidified Mushrooms from the Scope of the Antidumping Duty Order on Certain Preserved Mushrooms from the People's Republic of China,” dated June 19, 2000. On February 9, 2005, this decision was upheld by the United States Court of Appeals for the Federal Circuit. *See Tak Fat* v. *United States* , 396 F.3d 1378 (Fed. Cir. 2005). The merchandise subject to this order is classifiable under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153 and 0711.51.0000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received No interested parties submitted comments for these final results. Changes Since the Preliminary Results We made no changes to the *Preliminary Results.* Final Results of Review We find that the following margin exists during the period February 1, 2006, through September 12, 2006: Certain Preserved Mushrooms From the PRC Exporter/ manufacturer Weighted-average margin (percent) Guangxi Jisheng Foods, Inc. 0.00 Assessment Rates Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions for Jisheng to CBP 15 days after the date of publication of the final results of review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer) *ad valorem* duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above *de minimis* . Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these results of the new shipper review for all shipments of subject merchandise from Jisheng entered, or withdrawn from warehouse, for consumption on or after the publication date:

(1)For subject merchandise produced and exported by Jisheng, no cash deposit will be required;

(2)for subject merchandise exported by Jisheng but not manufactured by itself, the cash deposit rate will continue to be the PRC-wide rate ( *i.e.* , 198.63 percent); and

(3)for subject merchandise manufactured by Jisheng but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These requirements will remain in effect until publication of the final results of the next administrative review. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This new shipper review and notice are in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(h). Dated: November 28, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-23688 Filed 12-5-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Decision of Panel. SUMMARY: On November 28, 2007 the binational panel issued its decision in the review of the 2nd Administrative Review made by the International Trade Administration, respecting Carbon and Certain Alloy Steel Wire Rod from Canada, Secretariat File No. USA-CDA-2006-1904-04. The binational panel remanded a portion of the decision to the Import Administration with a partial dissenting opinion and a further dissent. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,

(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter has been conducted in accordance with these Rules. *Panel Decision:* The panel remanded the International Trade Administration's final determination respecting Carbon and Certain Alloy Steel Wire Rod from Canada with a partial dissenting opinion and a further dissent. The panel remanded the opinion as follows: 1. On the issue of the permissibility of zeroing, the Panel remands this matter back to Commerce to re-calculate Mittal's dumping margins without zeroing. 2. On the issue of the significance of the actual cost increases, the Panel remands the question of the significance of the cost increase back to Commerce for a reasoned explanation of its decision, based on the record and corrected for any errors in calculation of costs that may have been made in the original decision. At a minimum, the revised determination should include a description of the criteria that Commerce applied and an explanation of how Commerce decided on the significance or lack thereof of the cost increases in this case. 3. On the issue of the consistency of the cost increases between the two cost periods proposed by Mittal, this Panel remands this matter back to Commerce to clarify what is its test for consistent cost increases in this case, to explain why that test is reasonable and to provide a reasoned explanation of whether Mittal's costs met that test in this case. 4. On the issue of the linkage between changes in costs and prices, this Panel also remands this matter back to Commerce to provide a reasoned description and explanation of its linkage test, to apply that test to the costs and prices in this case, and to provide a reasoned explanation of whether Mittal has actually met this linkage test in its proposed cost periods in this case. Commerce is further directed to issue its Final Re-determination on Remand within forty-five days from the date of this Panel Decision or by January 14, 2008. Dated: December 3, 2007. Caratina L. Alston, U.S. Secretary, NAFTA Secretariat. [FR Doc. E7-23684 Filed 12-5-07; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904 Binational Panel Reviews AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of First Request for Panel Review. SUMMARY: On November 21, 2007, The United States Steel Corporation (“U.S. Steel”) filed a First Request for Panel Review with the United States section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel review was requested of the Final Determination of the Antidumping Duty Review made by the International Trade Commission, respecting Certain Welded Large Diameter Line Pipe from Mexico. This determination was published in the **Federal Register** (72 FR 59551) on October 22, 2007. The NAFTA Secretariat has assigned Case Number USA-MEX-2007-1904-03 to this request. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,

(a)A Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 39 within 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is December 21, 2007);

(b)A Party, investigating authority or interested person that does not file a Complaint but that intends to appear in support of any reviewable portion of the final determination may participate in the panel review by filing a Notice of Appearance in accordance with Rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is January 7, 2008); and

(c)The panel review shall be limited to the allegations of error of fact or law, including the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and the procedural and substantive defenses raised in the panel review. Dated: December 3, 2007. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E7-23686 Filed 12-5-07; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE16 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public workshops. SUMMARY: NMFS announces free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in January, February, and March 2008. Fishermen and shark dealers are required to attend a workshop to meet new regulatory requirements and maintain valid permits. The Atlantic Shark Identification Workshops are mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshops are mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held in 2008 and announced in the **Federal Register** . DATES: The Atlantic Shark Identification Workshops will be held January 10 and March 13, 2008. The Protected Species Safe Handling, Release, and Identification Workshops will be held January 9, 16, February 20, and March 19, 2008. See SUPPLEMENTARY INFORMATION for further details. ADDRESSES: The Atlantic Shark Identification Workshops will be held in Fairhope, AL, and South Boston, MA. The Protected Species Safe Handling, Release, and Identification Workshops will be held in Myrtle Beach, SC; Houston, TX; Key West, FL; and Boston, MA. See SUPPLEMENTARY INFORMATION for further details on workshop locations. FOR FURTHER INFORMATION CONTACT: Greg Fairclough by phone:(727) 824-5399, or by fax:

(727)824-5398. SUPPLEMENTARY INFORMATION: The workshop schedules, registration information, and a list of frequently asked questions regarding these workshops are posted on the internet at: *http://www.nmfs.noaa.gov/sfa/hms/workshops/* . Atlantic Shark Identification Workshop Effective December 31, 2007, an Atlantic shark dealer may not receive, purchase, trade, or barter for Atlantic shark unless a valid Atlantic Shark Identification Workshop certificate is on the premises of each business listed under the shark dealer permit (71 FR 58057; October 2, 2006). Dealers who attend and successfully complete a workshop will be issued a certificate for each place of business that is permitted to receive sharks. Dealers may send a proxy to an Atlantic Shark Identification Workshop, however, if a dealer opts to send a proxy, the dealer must designate a proxy for each place of business covered by the dealer's permit. Only one certificate will be issued to each proxy. A proxy must be a person who: is currently employed by a place of business covered by the dealer's permit; is a primary participant in the identification, weighing, and/or first receipt of fish as they are offloaded from a vessel; and fills out dealer reports. Additionally, after December 31, 2007, an Atlantic shark dealer may not renew a Federal shark dealer permit unless a valid Atlantic Shark Identification Workshop certificate for each business location has been submitted with the permit renewal application. Sixteen free Atlantic Shark Identification Workshops were held in 2007. Workshop Dates, Times, and Locations 1. January 10, 2008, from 9:30 a.m. - 3 p.m. Fairhope Public Library, 501 Fairhope Avenue, Fairhope, AL 36532. 2. March 13, 2008, from 12:30 p.m. - 5 p.m. South Boston Public Library, 646 East Broadway, South Boston, MA 02127. Registration To register for a scheduled Atlantic Shark Identification Workshop, please contact Eric Sander by email at *esander@peoplepc.com* or by phone at

(386)852-8588. Registration Materials To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following items to the workshop: Atlantic shark dealer permit holders must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable permit, and proof of identification. Atlantic shark dealer proxies must bring documentation from the shark dealer acknowledging that the proxy is attending the workshop on behalf of the Atlantic shark dealer, a copy of the appropriate permit, and proof of identification. Workshop Objectives The shark identification workshops are designed to reduce the number of unknown and improperly identified sharks reported in the dealer reporting form and increase the accuracy of species-specific dealer-reported information. Reducing the number of unknown and improperly identified sharks will improve quota monitoring and the data used in stock assessments. These workshops will train shark dealer permit holders or their proxies to properly identify Atlantic shark carcasses. Protected Species Safe Handling, Release, and Identification Workshop Effective January 1, 2007, shark limited access and swordfish limited access permit holders must submit a copy of their Protected Species Safe Handling, Release, and Identification Workshop certificate in order to renew either permit (71 FR 58057; October 2, 2006). As such, vessel owners who have not attended a workshop and received a NMFS certificate must attend one of the workshops offered in January, February, or March 2008 to fish with or renew either permit. Additionally, new shark and swordfish limited access permit applicants must attend a Protected Species Safe Handling, Release, and Identification Workshop and must submit a copy of their workshop certificate before such permits will be issued. In addition to certifying permit holders, all longline and gillnet vessel operators fishing on a vessel issued a limited access swordfish or limited access shark permit are required to attend a Protected Species Safe Handling, Release, and Identification Workshop. Vessels that have been issued a limited access swordfish or limited access shark permit may not fish unless both the vessel owner and operator have valid workshop certificates. Vessel operators must possess on board the vessel valid workshop certificates for both the vessel owner and the operator at all times. Seven free Protected Species Safe Handling, Release, and Identification Workshops were held in 2006, and 34 were held in 2007. Workshop Dates, Times, and Locations 1. January 9, 2008, from 9 a.m. - 5 p.m. Hilton Myrtle Beach Resort, 10000 Beach Club Drive, Myrtle Beach, SC 29572. 2. January 16, 2008, from 9 a.m. - 5 p.m. Houston Airport Marriott , 18700 John F. Kennedy Boulevard, Houston, TX 77032. 3. February 20, 2008, from 9 a.m. - 5 p.m. Doubletree Grand Key Resort, 3990 South Roosevelt Boulevard, Key West, FL 33040. 4. March 19, 2008, from 9 a.m. - 5 p.m. Doubletree Guest Suites Boston, 400 Soldiers Field Road, Boston, MA 02134. Registration To register for a scheduled Protected Species Safe Handling, Release, and Identification Workshop, please contact Aquatic Release Conservation ((877) 411-4272), 1870 Mason Ave., Daytona Beach, FL 32117. Registration Materials To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following items with them to the workshop: Individual vessel owners must bring a copy of the appropriate permit(s), a copy of the vessel registration or documentation, and proof of identification. Representatives of a business owned or co-owned vessel must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable permit(s), and proof of identification. Vessel operators must bring proof of identification. Workshop Objectives The protected species safe handling, release, and identification workshops are designed to teach longline and gillnet fishermen the required techniques for the safe handling and release of entangled and/or hooked protected species, such as sea turtles, marine mammals, and smalltooth sawfish. Identification of protected species will also be taught at these workshops in an effort to improve reporting. Additionally, individuals attending these workshops will gain a better understanding of the requirements for participating in these fisheries. The overall goal for these workshops is to provide participants the skills needed to reduce the mortality of protected species, which may prevent additional regulations on these fisheries in the future. Grandfathered Permit Holders Participants in the industry-sponsored workshops on safe handling and release of sea turtles that were held in Orlando, FL (April 8, 2005) and in New Orleans, LA (June 27, 2005) were issued a NOAA workshop certificate in December 2006 that is valid for three years. Grandfathered permit holders must include a copy of this certificate when renewing limited access shark and limited access swordfish permits each year. Failure to provide a valid NOAA workshop certificate may result in a permit denial. Dated: December 3, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-23697 Filed 12-5-07; 8:45 am] BILLING CODE 3510-22-S COMMODITY FUTURES TRADING COMMISSION Notice of Request for Comment on Exemption Requests AGENCY: Commodity Futures Trading Commission. Requests to extend, pursuant to the exemptive authority in section 4(c) of the Commodity Exchange Act, the exemption granted under Part 35 of the Commission's regulations to certain over-the-counter swaps that do not otherwise meet certain of the requirements imposed by Commission Regulation 35.2 and to determine that, subject to certain conditions, floor brokers and floor traders are eligible swap participants. SUMMARY: The Commodity Futures Trading Commission (“CFTC” or “Commission”) is requesting comment on whether to extend the exemption granted under Part 35 of the Commission's regulations to certain over-the-counter (“OTC”) swaps that do not meet certain of the requirements otherwise imposed by Commission Regulation 35.2. This exemption has been requested by ICE Clear U.S., Inc. (“ICE Clear”), a registered derivatives clearing organization. The Commission is also requesting comment on whether ICE Futures U.S., Inc. (“ICE Futures U.S.”) floor traders and floor brokers who are registered with the Commission, when trading for their own accounts, may be determined to be eligible swap participants and permitted to enter into certain specified OTC swap transactions. This exemption has been requested by ICE Futures U.S., a designated contract market. Authority for extending this relief is found in Section 4(c) of the Commodity Exchange Act (“CEA” or “Act”). 1 1 7 U.S.C. § 6(c). DATES: Comments must be received on or before January 7, 2008. ADDRESSES: Comments may be submitted by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov/http://frwebgate.access.gpo/cgi-bin/leaving* . Follow the instructions for submitting comments. • *E-mail: secretary@cftc.gov* . Include “ICE Clear Section 4(c) Request” in the subject line of the message. • *Fax:* 202-418-5521. • *Mail:* Send to David A. Stawick, Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. • *Courier:* Same as mail above. All comments received will be posted without change to *http://www.CFTC.gov/* . FOR FURTHER INFORMATION CONTACT: Lois J. Gregory, Special Counsel, 816-960-7719, *lgregory@cftc.gov* , or Robert B. Wasserman, Associate Director, 202-418-5092, *rwasserman@cftc.gov* , Division of Clearing and Intermediary Oversight; or Duane C. Andresen, Special Counsel, 202-418-5492, *dandresen@cftc.gov* , Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1151 21st Street, NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. The ICE Clear Petition ICE Clear, the clearing organization for ICE Futures U.S., seeks to offer eligible swap participants who enter into certain bilateral swap transactions involving coffee, sugar, or cocoa the opportunity to submit them to ICE Clear for clearing. ICE Clear has represented that swap transactions in various agricultural products, including coffee, sugar, and cocoa, currently trade in OTC markets exempt from provisions of the CEA pursuant to Part 35 of the Commission's regulations. These are commonly swap agreements entered into by participants exchanging fixed for floating reference prices. Participants in these markets include trade houses, commodity lenders, producers, end users, and large speculators. Part 35 of the Commission's regulations 2 exempts swap agreements and eligible persons entering into these agreements from most provisions of the Act. 3 The term “swap agreement” is defined to include, among other types of agreements, “a * * * commodity swap,” 4 which latter term includes swaps on agricultural products. 5 Part 35 was promulgated pursuant to authority provided to the Commission in Section 4(c) of the Act to exempt certain transactions in order to promote innovation and competition. 6 Various exemptions and exclusions were subsequently added to the Act by the Commodity Futures Modernization Act of 2000 (“CFMA”), 7 but none apply to agricultural contracts. 8 2 17 CFR Part 35. 3 Jurisdiction is retained for, *inter alia* , provisions of the CEA proscribing fraud and manipulation. *See* Commission Reg. § 35.2, 17 CFR § 35.2 (Commission regulations are hereinafter cited as “Reg. § _”). 4 Reg. § 35.1(b)(1)(i). 5 “Commodity” is defined in Section 1a(4) of the Act to include a variety of specified agricultural products, “and all other goods and articles, except onions * * * and all services, rights and interests in which contracts for future delivery are presently or in the future dealt in.” 6 *See* 58 F.R. 5587 (January 22, 1993). 7 *Pub* . L. 106-554, 114 Stat. 2763 (2000). 8 *See* , *e.g.* , CEA §§ 2(d),

(g)and (h). Part 35 requires, *inter alia* , that a swap agreement not be part of a fungible class of agreements that are standardized as to their material economic terms 9 and that the creditworthiness of any party having an interest under the agreement be a material consideration in entering into or negotiating the terms of the agreement. 10 Under the arrangement that ICE Clear seeks to establish, OTC contracts would be submitted for clearing, a process that would extinguish the original OTC contract and replace it with an equivalent number of cash-settled “cleared-only” futures contracts, with the clearinghouse interposed as central counterparty. 11 A cleared-only contract could be offset by another cleared-only contract. Thus, clearing of these OTC contracts would result in contracts that are fungible with other cleared-only contracts with approximately equivalent terms. In addition, the creditworthiness of the counterparty would not be a consideration. Accordingly, the OTC contracts ICE Clear would clear in the fashion proposed would not fulfill all of the conditions of Part 35. 9 Reg. § 35.2(b). 10 Reg.§ 35.2(c). 11 The OTC transaction would be required to involve the coffee, sugar, or cocoa underlying the corresponding cleared-only contract. The unit size, quality, and other specifications for the OTC coffee, sugar, or cocoa transaction would be approximately equivalent to the unit size, quality, and other specifications of the corresponding physical delivery futures contract listed on ICE Futures. However, Part 35 further invites “any person [to] apply to the Commission for exemption from any of the provisions of the Act * * * for other arrangements or facilities.” ICE Clear has petitioned the Commission for an order under Section 4(c) of the Act that would permit cleared OTC swaps involving coffee, sugar, and cocoa to be exempt on the same basis as other swaps are exempt under Part 35. II. The ICE Futures U.S. Petition ICE Futures U.S. seeks to permit floor traders and floor brokers (collectively, floor members) who are registered with the Commission, when trading for their own accounts, to enter into the OTC swap transactions discussed above. Part 35, however, defines the term eligible swap participant (“ESP”) to include floor members only as follows:

(1)Floor members generally who are other than natural persons or proprietorships;

(2)floor members who are natural persons, provided they have total assets exceeding at least $10,000,000; or

(3)floor members who are proprietorships, provided they have total assets exceeding at least $10,000,000, or have the obligations under the swap agreement guaranteed or otherwise supported by certain other ESPs, or have a net worth of $1,000,000 and enter into the swap agreement in connection with the conduct of their business or to manage the risk of an asset or liability owned or incurred in the conduct of their business or reasonably likely to be owned or incurred in the conduct of their business. 12 ICE Futures U.S. has petitioned the Commission for an order under Section 4(c) of the Act that would permit all ICE Futures U.S. floor members who are registered with the Commission, when trading for their own accounts, to be ESPs for the purpose of entering into bilateral swap transactions involving agricultural commodities as described above. 12 Reg. § 35.1(b)(2)(x). ICE Futures U.S. represents that all floor members entering into the swap transactions would be sophisticated and knowledgeable in the relevant products and markets and would be fully capable of evaluating the transactions. Further, because the transaction results in a cleared-only futures contract, floor members would not be subject to counterparty credit risk and would rely on the credit of ICE CLEAR and their clearing futures commission merchants (“FCMs”). The Commission anticipates that any Section 4(c) order issued in response to this request would be subject to the following conditions:

(1)The contracts, agreement or transactions would have to be executed pursuant to the requirements of Part 35, as modified herein.

(2)The ICE Futures U.S. floor member would have to obtain a financial guarantee for the OTC swap transactions from an ICE Futures U.S. clearing member that:

(i)Is registered with the Commission as an FCM; and

(ii)Clears the OTC swap transactions thus guaranteed.

(3)Permissible OTC swap transactions would be limited to “cleared-only” contracts in the following eligible products: cocoa, coffee and sugar.

(4)Permissible OTC swap transactions would have to be submitted for clearance by an ICE Futures U.S. clearing member to ICE Clear pursuant to ICE Clear Rules.

(5)An ICE Futures U.S. floor member could not enter into OTC swap transactions with another ICE Futures U.S. floor member as the counterparty for ICE Clear “cleared-only” contracts.

(6)ICE Futures U.S. would maintain appropriate compliance systems in place to monitor the OTC swap transactions of its floor members. 13 13 These conditions are substantially similar to the conditions included in two previously issued Commission orders that permit floor members to be eligible contract participants (“ECPs”) pursuant to Section 1a(12)(C) of the Act, 7 U.S.C. 1a(12)(C). On March 14, 2006, the Commission issued an order that permitted Chicago Mercantile Exchange floor members to be ECPs with respect to OTC transactions in excluded commodities entered into pursuant to Section 2(d)(1) of the Act. On August 3, 2006, the Commission issued an order that permitted New York Mercantile Exchange floor members to be ECPs with respect to OTC transactions in exempt commodities entered into pursuant to Section 2(h)(1) of the Act. III. Section 4(c) of the Commodity Exchange Act Section 4(c)(1) of the CEA empowers the CFTC to “promote responsible economic or financial innovation and fair competition” by exempting any transaction or class of transactions from any of the provisions of the CEA (subject to exceptions not relevant here) where the Commission determines that the exemption would be consistent with the public interest. 14 The Commission may grant such an exemption by rule, regulation, or order, after notice and opportunity for hearing, and may do so on application of any person or on its own initiative. 14 Section 4(c)(1) of the CEA, 7 U.S.C. 6(c)(1), provides in full that: In order to promote responsible economic or financial innovation and fair competition, the Commission by rule, regulation, or order, after notice and opportunity for hearing, may (on its own initiative or on application of any person, including any board of trade designated or registered as a contract market or derivatives transaction execution facility for transactions for future delivery in any commodity under section 7 of this title) exempt any agreement, contract, or transaction (or class thereof) that is otherwise subject to subsection

(a)of this section (including any person or class of persons offering, entering into, rendering advice or rendering other services with respect to, the agreement, contract, or transaction), either unconditionally or on stated terms or conditions or for stated periods and either retroactively or prospectively, or both, from any of the requirements of subsection

(a)of this section, or from any other provision of this chapter (except subparagraphs (c)(ii) and

(D)of section 2(a)(1) of this title, except that the Commission and the Securities and Exchange Commission may by rule, regulation, or order jointly exclude any agreement, contract, or transaction from section 2(a)(1)(D) of this title), if the Commission determines that the exemption would be consistent with the public interest. In enacting Section 4(c), Congress noted that the goal of the provision “is to give the Commission a means of providing certainty and stability to existing and emerging markets so that financial innovation and market development can proceed in an effective and competitive manner.” 15 Permitting the clearing of OTC coffee, sugar, and cocoa transactions by ICE Clear, as well as permitting ICE Futures U.S. floor members to trade such products, as discussed above, may foster both financial innovation and competition. It may benefit the marketplace by providing ESPs the ability to bring together flexible negotiation with central counterparty guarantees and capital efficiencies. The CFTC is requesting comment on whether it should exempt the OTC transactions in coffee, sugar, and cocoa that are proposed to be cleared through ICE Clear as described above, in the same fashion as are other contracts that are exempt pursuant to Part 35 of the Commission's regulations. The CFTC is also requesting comment on whether it should determine ICE Futures U.S. floor members, subject to certain conditions, to be ESPs for the purpose of entering into the OTC transactions in coffee, sugar and cocoa. 15 House Conf. Report No. 102-978, 1992 U.S.C.C.A.N. 3179, 3213. Section 4(c)(2) provides that the Commission may grant exemptions only when it determines that the requirements for which an exemption is being provided should not be applied to the agreements, contracts, or transactions at issue, and the exemption is consistent with the public interest and the purposes of the CEA; that the agreements, contracts or transactions will be entered into solely between appropriate persons; and that the exemption will not have a material adverse effect on the ability of the Commission or any contract market or derivatives transaction execution facility to discharge its regulatory or self-regulatory responsibilities under the CEA. 16 16 Section 4(c)(2) of the CEA, 7 U.S.C. 6(c)(2), provides in full that: The Commission shall not grant any exemption under paragraph

(1)from any of the requirements of subsection

(a)of this section unless the Commission determines that—

(A)the requirement should not be applied to the agreement, contract, or transaction for which the exemption is sought and that the exemption would be consistent with the public interest and the purposes of this Act; and

(B)the agreement, contract, or transaction—

(i)will be entered into solely between appropriate persons; and

(ii)will not have a material adverse effect on the ability of the Commission or any contract market or derivatives transaction execution facility to discharge its regulatory or self-regulatory duties under this Act. The purposes of the CEA include “promot[ing] responsible innovation and fair competition among boards of trade, other markets, and market participants.” 17 It may be consistent with these and the other purposes of the CEA, and with the public interest, for the OTC contracts described herein and submitted for clearing as described herein to be exempt as are other contracts under Part 35 of the Commission's regulations. However, the exception of agricultural commodities from the exemptions and exclusions provided under the CFMA for OTC transactions may be relevant to the analysis. Accordingly, the CFTC is requesting comment as to whether an exemption from the requirements of the CEA should be granted in the context of these transactions and these potential participants. 17 CEA § *section* 3(b), 7 U.S.C. 5(b). *See* also CEA § *section* 4(c)(1), 7 U.S.C. § 6(c)(1) (purpose of exemptions is “to promote responsible economic or financial innovation and fair competition”). Section 4(c)(3) includes within the term “appropriate persons” a number of specified categories of persons deemed appropriate under the Act for entering into transactions exempt by the Commission under Section 4(c). This includes persons the Commission determines to be appropriate in light of their financial or other qualifications, or the applicability of appropriate regulatory protections. ESPs, as defined in Part 35 of the Commission's regulations, will be eligible to submit for clearing to ICE Clear the OTC transactions described above. That definition includes many of the classes of persons explicitly referred to in CEA Section 4(c)(3) ( *e.g.* , a bank or trust company) as well as some classes of persons who are included under the category of Section 4(c)(3)(K) (“[s]uch other persons that the Commission determines to be appropriate in light of their financial or other qualifications, or the applicability of appropriate regulatory protections”). The Commission is proposing to include as appropriate persons for this extended relief under Part 35 all of the persons who meet the definition of ESP in Commission Regulation § 35.1(b)(2). For the purposes of the extended relief requested by ICE Futures U.S., the Commission is also proposing to expand upon this list of appropriate persons to include, as discussed above, ICE Futures U.S. floor members. The Commission seeks comment on this determination. In light of the above, the Commission also is requesting comment as to whether these exemptions will affect its ability to discharge its regulatory responsibilities under the CEA, or with the self-regulatory duties of any contract market or derivatives clearing organization. IV. Request for Comment The Commission requests comment on all aspects of the issues presented by these exemption requests. V. Related Matters A. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (“PRA”) 18 imposes certain requirements on federal agencies (including the Commission) in connection with their conducting or sponsoring any collection of information as defined by the PRA. The exemption would not, if approved, require a new collection of information from any entities that would be subject to the exemption. 18 44 U.S.C. § 3507(d). B. Cost-Benefit Analysis Section 15(a) of the CEA, 19 requires the Commission to consider the costs and benefits of its action before issuing an order under the CEA. By its terms, Section 15(a) does not require the Commission to quantify the costs and benefits of an order or to determine whether the benefits of the order outweigh its costs. Rather, Section 15(a) simply requires the Commission to “consider the costs and benefits” of its action. 19 7 U.S.C. § 19(a). Section 15(a) of the CEA further specifies that costs and benefits shall be evaluated in light of five broad areas of market and public concern: protection of market participants and the public; efficiency, competitiveness, and financial integrity of futures markets; price discovery; sound risk management practices; and other public interest considerations. Accordingly, the Commission could in its discretion give greater weight to any one of the five enumerated areas and could in its discretion determine that, notwithstanding its costs, a particular order was necessary or appropriate to protect the public interest or to effectuate any of the provisions or to accomplish any of the purposes of the CEA. The Commission is considering the costs and benefits of an exemptive order in light of the specific provisions of Section 15(a) of the CEA, as follows: 1. *Protection of market participants and the public* . The contracts that are the subject of the exemptive request will only be entered into by persons who are “appropriate persons” as set forth in Section 4(c) of the Act. 2. *Efficiency, competition, and financial integrity* . Extending the exemption granted under Part 35 to these swap agreements to allow them to be cleared may promote liquidity and transparency in the markets for OTC derivatives on coffee, sugar, and cocoa, as well as on futures on those commodities. Extending the exemption also may promote financial integrity by providing the benefits of clearing to these OTC markets. Determining ICE Futures U.S. floor members to be ESPs may increase the flow of trading information between markets, increase the pool of potential counterparties for participants trading OTC, and provide essential trading expertise to the market. 3. *Price discovery* . Price discovery may be enhanced through market competition. 4. *Sound risk management practices* . Clearing of OTC transactions may foster risk management by the participant counterparties. ICE Clear's risk management practices in clearing these transactions would be subject to the Commission's supervision and oversight. 5. *Other public interest considerations* . The requested exemption may encourage market competition in agricultural derivative products without unnecessary regulatory burden. After considering these factors, the Commission has determined to seek comment on the exemption requests as discussed above. The Commission also invites public comment on its application of the cost-benefit provision. Issued in Washington, DC, on November 30, 2007 by the Commission. David A. Stawick, Secretary of the Commission. [FR Doc. E7-23635 Filed 12-5-07; 8:45 am] BILLING CODE 6351-01-P DEPARTMENT OF DEFENSE Office of Secretary [DOD-2007-OS-0130] Privacy Act of 1974; Systems of Records AGENCY: Defense Finance and Accounting Service. ACTION: Notice to Add a System of Records. SUMMARY: The Defense Finance and Accounting Service

(DFAS)is proposing to add a system of records notices to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This action will be effective without further notice on January 7, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the FOIA/PA Program Manager, Corporate Communications and Legislative Liaison, Defense Finance and Accounting Service, 6760 E. Irvington Place, Denver, CO 80279-8000. FOR FURTHER INFORMATION CONTACT: Ms. Linda Krabbenhoft at

(303)676-6045. SUPPLEMENTARY INFORMATION: The Defense Finance and Accounting Service notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on November 29, 2007 to the House Committee on Oversight and Government Reform, the Senate Committee on Government Affairs, and the Office of Management and Budget

(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, `Federal Agency Responsibilities for Maintaining Records about Individuals,' dated December 12, 2000, 65 FR 239. Dated: November 30, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. T7901 System name: Standard Finance and Accounting Payment System. System locations: Defense Information Systems Agency, Defense Enterprise Computing Center-St Louis, Post Office Box 20012, St. Louis, MO 63120-0012. Defense Finance and Accounting Service—Indianapolis, 8899 East 56th Street, Indianapolis, IN 46249-2700. Defense Finance Accounting Service—Columbus, 3990 East Broad Street, Building 21, Columbus OH 43213-2317. Defense Finance and Accounting Service—Kansas City, 1500 E. Bannister Street, Kansas City, MO 64197-0001. For a list of other DFAS, U.S. Army, and Marine Corps sites utilizing the system contact the Standard Finance System, Redesigned Subsystem, System Manager, Defense Finance and Accounting Service—Indianapolis, Information Technology Directorate, 8899 East 56th Street, Indianapolis, IN 46249-2700. Telephone number

(317)510-4003. Categories of individuals covered by the system: Active duty military members (Army and U.S. Marine Corps), Reserve and Guard military members, Army Military Academy cadets, Army Reserve Officer Training Corps

(ROTC)students, DoD contractors, and vendors. Categories of records in the system: Individual's name, Social Security Number (SSN), home address, and military branch of service, military status, disbursing and accounting transaction data. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; Department of Defense Financial Management Regulation (DoDFMR) 7000.14-R, Volume 5; 31 U.S.C. Sections 3511, 3512, and 3513; and E.O. 9397 (SSN). Purpose(s): The system processes payments and collections utilizing the Electronic Funds Transfer system. It is a multi-functional, interactive, automated disbursing and accounting system composed of several functional modules that perform vendor pay, travel pay, and military payroll payment. Defense Finance and Accounting Service, U.S. Army, and Marine Corps will use the system for processing accounting and disbursing transactions in contingency locations requiring foreign currency operations. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To Federal Reserve banks to distribute payments made through the direct deposit system to financial organizations or their processing agents authorized by individuals to receive and deposit payments in their accounts. The `Blanket Routine Uses' published at the beginning of the DoD compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: Name and Social Security Number (SSN). Safeguards: Records are stored in an office building protected by guards, controlled screening, use of visitor registers, electronic access, and/or locks. Access to records is limited to individuals who are properly screened and cleared on a need-to-know basis in the performance of their duties. Passwords and digital signatures are used to control access to the system data, and procedures are in place to deter and detect browsing and unauthorized access. Physical and electronic access are limited to persons responsible for servicing and authorized to use the system. Retention and disposal: Records may be temporary in nature and deleted when actions are completed, superseded, obsolete, or no longer needed. Other records may be cut off at the end of the payroll year, and destroyed up to 6 years and 3 months after cutoff. Records are destroyed by degaussing, shredding, or burning. System manager(s) and address: System Manager, Defense Finance and Accounting Service—Indianapolis, Information Technology Directorate, 8899 East 56th Street, Indianapolis, IN 46249-2700. Telephone number

(317)510-4003. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Defense Finance and Accounting Service, Freedom of Information/Privacy Act Program Manager, Corporate Communications and Legislative Liaison, 6760 E. Irvington Place, Denver, CO 80279-8000. Requests should contain individual's name, Social Security Number (SSN), current address, and telephone number. Record access procedures: Individuals seeking access to information about themselves contained in this system of records should address written inquiries to Defense Finance and Accounting Service, Freedom of Information/Privacy Act Program Manager, Corporate Communications and Legislative Liaison, 6760 E. Irvington Place, Denver, CO 80279-8000. Requests should contain individual's name, Social Security Number (SSN), current address, and telephone number. Contesting record procedures: The DFAS rules for accessing records, for contesting contents and appealing initial agency determinations are published in DFAS Regulation 5400.11-R; 32 CFR part 324; or may be obtained from Defense Finance and Accounting Service, Freedom of Information/Privacy Act Program Manager, Corporate Communications and Legislative Liaison, 6760 E. Irvington Place, Denver, CO 80279-8000. Record source categories: Individual or DoD military components. Exemptions claimed for the system: None. [FR Doc. E7-23666 Filed 12-5-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of U.S. Patent Concerning a Device and Method for Determining All Components of the Stokes Polarization Vector Within a Radar Signal AGENCY: Department of the Army, DoD. ACTION: Notice. SUMMARY: In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Patent No. 6,762,713 entitled “A Device and Method for Determining All Components of the Stokes Polarization Vector within a Radar Signal,” issued on July 13, 2004. The United States Government, as represented by the Secretary of the Army, has rights in this invention. ADDRESSES: Office of Research and Technology Applications, SDMC-RDT-TL (Ms. Susan D. McRae), Bldg. 5220, Von Braun Complex, Redstone Arsenal, AL 35898. FOR FURTHER INFORMATION CONTACT: Ms. Joan Gilsdorf, Patent Attorney, e-mail: *joan.gilsdorf@smdc.army.mil*

(256)955-3213 or Ms. Susan D. McRae, Office of Research and Technology Applications, e-mail: *susan.mcrae@smdc.army.mil;*

(256)955-1501. SUPPLEMENTARY INFORMATION: The invention pertains to measuring the polarization state of a wideband electromagnetic signal. A polarimeter includes a first antenna for receiving the electromagnetic signal and a modulator. The modulator is interconnected with the first antenna for modulating the electromagnetic signal. A modulated electromagnetic signal results that contains a different polarization state for each frequency of the electromagnetic signal, and wherein the amplitude of each frequency component of the modulated electromagnetic signal is a function of the particular polarization state of each frequency component of the electromagnetic signal. The modulator may be configured to modulate at a radar frequency. A linear polarizer passes a first predetermined polarization of the modulated electromagnetic signal through a first output thereof. A first receiver includes a detector for receiving and demodulating the modulated electromagnetic signal from the linear polarizer. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E7-23644 Filed 12-5-07; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army Notice of Intent To Grant a Partially Exclusive Patent License to Linear Systems AGENCY: Department of the Army, DOD. ACTION: Notice of intent. SUMMARY: In compliance with 37 CFR 404 et seq., the Department of the Army hereby gives notice of its intent to grant to Linear Systems, a corporation having its principle place of business at 8403 Maple Place; Rancho Cucamonga, CA, 91730, a partially exclusive license relative to ARL patent application # 11/038,401 entitled, “Method for Super Resolving Images”; January 19, 2005, *Inventor:* Shiqiong Susan Young. DATES: Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than 15 days from the date of this notice. ADDRESSES: Send written objections to Michael D. Rausa, U.S. Army Research Laboratory, Office of Research and Technology Applications, Attn: AMSRD-ARL-DP-P/Bldg. 434, Aberdeen Proving Ground, MD 21005-5425. FOR FURTHER INFORMATION CONTACT: Michael D. Rausa, telephone

(410)278-5028. SUPPLEMENTARY INFORMATION: None. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E7-23645 Filed 12-5-07; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army Notice of Availability of a Novel Super-Resolution Image Reconstruction Technology for Exclusive, Partially Exclusive or Non-Exclusive Licenses AGENCY: Department of the Army, DOD. ACTION: Notice of availability. SUMMARY: The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to a novel Super-Resolution Image Reconstruction technology as described in U.S. Patent Application “Method for Super Resolving Images” (U.S. Patent Application No.11/038,401), January 19, 2005; *Inventor:* Shiqiong Susan Young. Any license shall comply with 35 U.S.C. 209 and 37 CFR 404. FOR FURTHER INFORMATION CONTACT: Michael D. Rausa, U.S. Army Research Laboratory, Office of Research and Technology Applications, *Attn:* AMSRL-DP-T/Bldg. 434, Aberdeen Proving Ground, MD 21005-5425, Telephone:

(410)278-5028. SUPPLEMENTARY INFORMATION: None. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E7-23678 Filed 12-5-07; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2007-0056] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on January 7, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at

(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection

(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: November 30, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N01754-3 System name: Navy Child Development Services Program (May 31, 2006, 71 FR 30893). Changes: Delete “N01754-3” and replace with “NM01754-3” System name: Delete entry and replace with “DON Child and Youth Program.” System location: Delete entry and replace with “Navy Child and Youth Program or Family Service Centers located at various Navy and Marine Corps activities both in CONUS and overseas. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* ” Categories of individuals covered by the system: Delete entry and replace with “Navy and Marine Corps service members and their families or dependents. In certain locations, DoD civilian employees eligible for services may also be covered by the system.” Categories of records in the system: Delete “Family Child Care program” and replace with “Child Development Homes;”. Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; OPNAV Instruction 1700.9 series, Child and Youth Programs; and E.O. 9397 (SSN).” Purpose(s): Delete entry and replace with “To develop child care programs that meet the needs of children and families, provide child and family program eligibility and background information; and verify health status of children and verify immunizations.” Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In para 2, modify routine use to read “To Federal officials involved in Child Care Services, including for child abuse reporting and investigation.” In para 3, add “child abuse” in front of the word “investigations.” Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Delete entry and replace with “Paper files and networked databases.” Retrievability: Delete entry and replace with “By the last name of the individual covered by the system and Social Security Number (SSN).” System manager(s) and address: In para 2, delete “ *http://neds.daps.dla.mil/sndl.htm* ” and replace with “ *http://doni.daps.dla.mil/sndl.aspx.* ” Notification procedure: In para 1, delete “ *http://neds.daps.dla.mil/sndl.htm* ” and replace with “ *http://doni.daps.dla.mil/sndl.aspx.* ” Record access procedures: In para 1, delete “ *http://neds.daps.dla.mil/sndl.htm* ” and replace with “ *http://doni.daps.dla.mil/sndl.aspx.* ” Record source categories: Delete entry and replace with “Information in this system comes from individuals either applying as child care providers or as participants of the child development homes; background checks from State and local authorities or Naval Criminal Investigative Service; housing officers; information from the Family Advocacy program; base security officers and base fire, safety and health officers; and local family child care monitors and parents of children enrolled; and health care providers, employers, and others providing information identified in the categories of records in the system.” Exemptions claimed for the system: After the words “law enforcement purposes” add “contained in this system”. NM01754-3 System Name: DON Child and Youth Program. System location: Navy Child and Youth Program or Family Service Centers located at various Navy and Marine Corps activities both in CONUS and overseas. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Categories of individuals covered by the system: Navy and Marine Corps service members and their families or dependents. In certain locations, DoD civilian employees. Categories of records in the system: Name; Social Security Number (SSN); case number; home address and telephone number; insurance coverage; names of parents and children; payment records; performance rating; complaints; background information, including medical, educational references, and prior work experience, information from the Naval Criminal Investigative Service (NCIS), the family advocacy program, base security, and state and local agencies; information related to screening, training, and implementation of the Child Development Homes; and reports of fire, safety, housing, and environmental health inspections. Children's records will also include developmental profiles. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; OPNAV Instruction 1700.9 series, Child and Youth Programs; and E.O. 9397 (SSN). Purpose(s): To develop child care programs that meet the needs of children and families, provide child and family program eligibility and background information; and verify health status of children and verify immunizations. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: Information in this system comes from individuals either applying as child care providers or as participants of the child development homes; background checks from State and local authorities or Naval Criminal Investigative Service; housing officers; information from the Family Advocacy program; base security officers and base fire, safety and health officers; and local family child care monitors and parents of children enrolled; and health care providers, employers, and others providing information identified in the categories of records in the system. To Federal officials involved in Child Care Services, including for child abuse reporting and investigation. To State and local officials involved with Child Care Services if required in the performance of their official duties relating to child abuse investigations. The DoD ‘Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper files and networked databases. Retrievability: By the last name of the individual covered by the system and Social Security Number (SSN). Safeguards: Records are maintained in monitored or controlled areas accessible only to authorized personnel. Building or rooms are locked outside regular working hours. Computer files are protected by software programs that are password protected. Retention and disposal: Records are kept for two years after individual is no longer in the Child Development Program and then destroyed. System manager(s) and address: Policy Official: Commander, Navy Installations, Millington Detachment (N23), 5720 Integrity Drive, Millington, TN 38055-6500. Record Holder: Navy Child Development or Family Service Centers located at various Navy and Marine Corps activities both in CONUS and overseas. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the appropriate Navy or Marine Corps activity concerned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Individuals should submit a signed request with provide proof of identity and full name. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the appropriate Navy or Marine Corps activity concerned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Individuals should submit a signed request with proof of identity and full name. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Information in this system comes from individuals either applying as child care providers or as participants of the child development homes; background checks from State and local authorities or Naval Criminal Investigative Service; housing officers; information from the Family Advocacy program; base security officers and base fire, safety and health officers; and local family child care monitors and parents of children enrolled; and health care providers, employers, and others providing information identified in the categories of records in the system. Exemptions claimed for the system: Investigatory material compiled for law enforcement purposes contained in this system may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),

(c)and

(e)and published in 32 CFR part 701, subpart G. For additional information contact the system manager. [FR Doc. E7-23669 Filed 12-5-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2007-0055] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on January 7, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at

(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. November 30, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. NM05000-2 SYSTEM NAME: Organization Management and Locator System. SYSTEM LOCATION: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Commander, U.S. Joint Forces Command, 1562 Mitscher Avenue, Suite 200, Norfolk, VA 23551-2488. Commander, U.S. Pacific Command, P.O. Box 64028, Camp H.M. Smith, HI 96861-4028. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Military, civilian, and contractor personnel attached to the activity; former members; applicants for civilian employment, visitors, volunteers, guests, and invitees; and dependent family members. CATEGORIES OF RECORDS IN THE SYSTEM: Records, correspondence, and databases needed to manage personnel, projects, and access to programs. Information consists of name; Social Security Number; date of birth; photo identification; grade and series or rank/rate; biographical data; security clearance; education; experience characteristics and training histories; qualifications; Common Access Card

(CAC)issuance and expiration; food service meal entitlement code; trade; hire/termination dates; type of appointment; leave; location; assigned organization code and/or work center code; Military Occupational Series (MOS); labor code; payments for training, travel advances and claims; hours assigned and worked; routine and emergency assignments; functional responsibilities; access to secure spaces and issuance of keys; travel; retention group; vehicle parking; disaster control; community relations (blood donor, etc); employee recreation programs; retirement category; awards; property custody; personnel actions/dates; violations of rules; physical handicaps and health/safety data; veterans preference; postal address; location of dependents and next of kin and their addresses; computer use responsibility agreements; and other data needed for personnel, financial, line, safety and security management, as appropriate. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). PURPOSE(S): To manage, supervise, and administer programs for all Department of the Navy civilian, military, and contractor personnel. Information is used to prepare organizational locator, recall rosters, and social rosters; notify personnel of arrival of visitors; locate individuals on routine and/or emergency matters; locate individuals during medical emergencies, facility evacuations and similar threat situations; provide mail distribution and forwarding addresses; compile a social roster for official and non-official functions; send personal greetings and invitations; track attendance at training; identify routine and special work assignments; determine clearance for access control; identify record handlers of hazardous materials; record rental of welfare and recreational equipment; track beneficial suggestions and awards; control the budget; travel claims; track manpower, grades, and personnel actions; maintain statistics for minorities; track employment; track labor costing; prepare watch bills; project retirement losses; verify employment to requesting banking activities; rental and credit organizations; name change location; checklist prior to leaving activity; safety reporting/monitoring; and, similar administrative uses requiring personnel data. To arbitrators and hearing examiners for use in civilian personnel matters relating to civilian grievances and appeals. To authenticate authorization for access to services and spaces such as Morale, Welfare, and Recreation

(MWR)facilities and food services. To identify individuals who wish to participate in a mentoring program. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper, electronic records, databases, and/or web based tool. RETRIEVABILITY: Name, Social Security Number (SSN), employee badge number, case number, organization, work center and/or job order, and supervisor's shop and code. SAFEGUARDS: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. RETENTION AND DISPOSAL: Destroy when no longer needed or after two years, whichever is later. SYSTEM MANAGER(S) AND ADDRESS: Commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . NOTIFICATION PROCEDURE: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should include full name, Social Security Number, and address of the individual concerned and should be signed. RECORD ACCESS PROCEDURES: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should include full name, Social Security Number, and address of the individual concerned and should be signed. CONTESTING RECORD PROCEDURES: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: Individual; Defense Manpower Data Center; employment papers; records of the organization; official personnel jackets; supervisors; official travel orders; educational institutions; applications; duty officer; investigations; OPM officials; and/or members of the American Red Cross. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E7-23671 Filed 12-5-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ08-2-000] Bonneville Power Administration; Notice of Filing November 29, 2007. Take notice that on November 26, 2007, Bonneville Power Administration (Bonneville) filed a petition of declaratory order requesting the Commission to find that the terms and conditions of two unexecuted Long-Term Firm Point-to-Point Transmission Service Agreements between Bonneville and Caithness Shepherds Flat, LLC, for service over Bonneville's transmission system commencing November 1, 2007, and December 1, 2007, are consistent with its Open Access Transmission Tariff (OATT), and that the service commencement dates are the appropriate dates under the OATT. 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 December 26, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23629 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2426-197] California Department of Water Resources and the City of Los Angeles; Notice Denying Late Intervention November 28, 2007. On June 8, 2005, the Commission issued a public notice of California Department of Water Resources' (California DWR) and the City of Los Angeles' application to amend their license for the California Aqueduct Project No. 2426. On June 11, 2007, Friends of the River filed a late motion to intervene in the proceeding. In determining whether to grant late intervention, the Commission may consider such factors as whether the movant had good cause for filing late, whether the movant's interest is adequately represented by other parties to the proceeding, and whether granting the intervention might result in disruption to the proceeding or prejudice to other parties. 1 Movants for late interventions must, among other things, demonstrate good cause why the time limit should be waived. 2 1 18 CFR 385.214(d) (2007). 2 18 CFR 385.214(b)(3) (2007). Friends of the River argues that good cause exists for late intervention because it had no actual notice of the deadline for motions to intervene. It states that it only became aware of the deadline when the Commission issued the Environmental Assessment

(EA)for the proposed license amendment on March 1, 2007. Friends of the River also argues that even if it had received actual notice of the deadline, it still would not have known of its actual need to become a party in the proceeding until the Commission issued its environmental determinations in the EA. Movant's assertions are without merit. The Commission issued public notice of the amendment application on June 8, 2005, and published notice in the **Federal Register** on June 15, 2005. 3 Movant therefore was on notice of licensee's application, but failed to timely respond to it. 4 Allowing late intervention at this point in the proceedings would create prejudice and additional burdens on the Commission and its applicants. 3 70 FR 34,750 (2005). 4 *See Federal Crop Ins. Corp.* v. *Merrill,* 332 U.S. 380

(1947)(holding that **Federal Register** publication provides notice to all affected parties). The Commission expects parties to intervene in a timely manner based on the reasonably foreseeable issues arising from the applicant's filings and the Commission's notice of proceedings. 5 The Commission has held that the party bears the responsibility for determining when a proceeding is relevant to its interests, such that it should file a motion to intervene. When a party fails to intervene in a timely fashion, the party assumes the risk that the case will be settled in a manner that is not to its liking. 6 The Commission has previously explained that an entity cannot “sleep on its rights” and then seek untimely intervention. 7 Therefore, Friends of the River's argument that it would not have known of its actual need to become a party in the proceeding until the Commission issued its environmental determinations in the EA is without merit. 5 *See California Water Resources Department and the City of Los Angeles,* 120 FERC ¶ 61,057 at n.9 (2007). 6 *Id.* at P 13. 7 *Id.* at P 14. Movant has failed to demonstrate good cause standard for granting late intervention. The motion for late intervention in these proceedings filed by movant is therefore denied. This notice constitutes final agency action. Requests for rehearing by the Commission of this rejection must be filed within 30 days of the date of issuance of this notice, pursuant to 18 CFR 385.713 (2007). Kimberly D. Bose, Secretary. [FR Doc. E7-23622 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR08-3-000] CKB Petroleum, Inc.; Notice of Request for Temporary Waiver of Tariff Filing and Reporting Requirements November 29, 2007. Take notice that on November 15, 2007, CKB Petroleum, Inc.

(CKB)tendered for filing an application for temporary waiver of the Interstate Commerce Act section 6 and section 20 tariff filing and reporting requirements applicable to interstate common carrier pipelines. In support thereof, CKB states that it owns and undivided interest in a pipeline that runs from South Pass in Federal waters, offshore Louisiana, to the West Delta Receiving Station in Venice, Louisiana, through which it has transported crude oil exclusively for its parent company. CKB further states that despite having an effective tariff on file with the Commission since March 1, 1985, it has never received a request for service from an unaffiliated third party. 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 December 11, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23630 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR08-5-000] Consumers Energy Company; Notice of Petition for Rate Approval November 28, 2007. Take notice that on November 20, 2007, Consumers Energy Company (Consumers) filed a petition for approval of rates for interruptible transportation services, pursuant to section 284.123(b)(2) of the Commission's regulations. Consumers requests that the Commission approve an interruptible transportation rate of $0.2623 per Dth plus up to 1.10% for fuel and lost and unaccounted for gas. Consumers states that the current interruptible transportation rate is $0.1429 per Dth plus up to 2.29% for fuel and lost and unaccounted for gas. The Commission's April 21, 2005 letter order required Consumers to make an informational filing of cost and throughput data on or before November 24, 2007 or file a petition for rate approval pursuant to section 284.123(b)(2). Any person desiring to participate in this rate proceeding must file a motion to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time December 10, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23624 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-22-000] DCP Midstream, LP; Notice of Petition for Declaratory Order November 28, 2007. Take notice that on November 13, 2007, DCP Midstream, LP (DCP Midstream) 370 17th Street, Suite 2500, Denver, Colorado 80202 filed in Docket No. CP08-22-000, under Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)(2007), a petition for a declaratory order requesting that the Commission disclaim jurisdiction over certain natural gas facilities DCP Midstream would purchase from Transcontinental Gas Pipe Line Corporation (Transco), 1 because such facilities perform a gathering function and would be exempt from the Commission's jurisdiction under section 1(b) of the Natural Gas Act. 1 Transco filed an application with the Commission in Docket No. CP08-25-000 on November 13, 2007, requesting permission and approval to abandon the subject facilities by sale to DCP Midstream. DCP Midstream states that it would purchase Transco's South Texas facilities, consisting of approximately 135.6 miles of natural gas pipelines and related meter stations, valves, miscellaneous field and tie-in piping, other appurtenances along the pipeline segments, and related realty and easement rights. These facilities would handle unprocessed natural gas in Hidalgo, Willacy, Starr, Brooks, and Jim Wells Counties, Texas, and would be incorporated into DCP Midstream's existing south Texas gathering facilities for processing at DCP Midstream's LaGloria Processing Plant. 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:* December 19, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23618 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER07-1247-000; ER07-1247-001; ER07-1247-002] FC Energy Services Company, LLC; Notice of Issuance of Order November 28, 2007. FC Energy Services Company, LLC (FC Energy) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed market-based rate schedule provides for the sale of energy, capacity and ancillary services at market-based rates. FC Energy also requested waivers of various Commission regulations. In particular, FC Energy requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by FC Energy. On November 28, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by FC Energy, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing protests is December 28, 2007. Absent a request to be heard in opposition to such blanket approvals by the deadline above, FC Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of FC Energy, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of FC Energy's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E7-23620 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL00-66-012] Louisiana Public Service Commission; The Council of the City of New Orleans v. Entergy Corporation; Notice of Filing November 29, 2007. Take notice that on November 19, 2007, Entergy Services, Inc., acting as agent for Entergy Operating Companies, filed a refund report in compliance with the Commission's September 20, 2007 Order, *Louisiana Public Service Commission and the Council of the City of New Orleans* v. *Entergy Corporation,* 120 FERC ¶ 61,241 (2007). Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on December 20, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23627 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES07-52-000] Northern Indiana Public Service Company; Notice of Filing November 28, 2007. Take notice that on October 5, 2007, Northern Indiana Public Service Company tendered for filing certified copies of documents to their July 31, 2007 application. 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 December 6, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23621 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER07-1332-000; ER07-1332-001; ER07-1332-002] Smoky Hills Wind Farm, LLC; Notice of Issuance of Order November 29, 2007. Smoky Hills Wind Farm, LLC (Smoky Hills Wind Farm) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed market-based rate schedule provides for the sale of energy and capacity at market-based rates. Smoky Hills Wind Farm also requested waivers of various Commission regulations. In particular, Smoky Hills Wind Farm requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Smoky Hills Wind Farm. On November 29, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Smoky Hills Wind Farm, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing protests is December 31, 2007. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Smoky Hills Wind Farm is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person, provided that such issuance or assumption is for some lawful object within the corporate purposes of Smoky Hills Wind Farm, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Smoky Hills Wind Farm's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E7-23628 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-15-000; PF07-9-000] Steckman Ridge, LP; Notice of Application November 28, 2007. Take notice that on November 1, 2007, Steckman Ridge, LP (Steckman Ridge), 5400 Westheimer Court, Houston, Texas 77251, pursuant to section 7(c) of the Natural Gas Act

(NGA)and Parts 157 and 284 of the Commission's regulations, filed an abbreviated application for certificates of public convenience and necessity, seeking authority to own, operate, construct, install, and maintain a natural gas storage field and related facilities in Bedford County, Pennsylvania; to provide open-access firm and interruptible storage services in interstate commerce at market-based rates under 18 CFR Part 284, Subpart G; and to undertake the limited construction and operation activities permitted under 18 CFR Part 157, Subpart F. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at FERCOnlineSupport or call toll-free,

(866)208-3676, or for TTY,

(202)502-8659. Specifically, Steckman Ridge requests authorization to:

(i)Convert five existing production wells to storage wells;

(ii)construct, own, and operate 18 additional storage wells, approximately 7.49 miles of 16-inch diameter pipeline and 3.6 miles of 6- and 8-inch diameter pipeline that will comprise the Storage Field Pipeline Network, one 9,470 horsepower compressor station, and associated above-ground facilities; and

(iii)charge market-based rates for the storage and hub services that will be provided by the project. Any questions regarding this application should be directed to Garth Johnson, Steckman Ridge, LP, PO Box 1642, Houston, Texas 77251 at

(713)627-5415. Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment

(EA)and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement

(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify Federal and State agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all Federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments protests and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web ( *http://www.ferc.gov* ) site under the “e-Filing” link. *Comment Date:* December 18, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23617 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-445-001; CP07-445-002] Transcontinental Gas Pipe Line Corporation; Southern Natural Gas Company; Notice of Compliance Filing November 28, 2007. Take notice that on November 6, 2007, Transcontinental Gas Pipe Line Corporation (Transco) and on November 8, 2007, Southern Natural Gas Company (Southern) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 2, the following tariff sheets, with an effective date of October 31, 2007: Transco, Twenty-Six Revised Sheet No. 1, First Revised Sheet No. 1572. Southern, First Revised Sheet No. 432. Transco and Southern state that the filings are being made in compliance with the Commission's order issued on October 31, 2007 in the above referenced proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time December 3, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23616 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-25-000] Transcontinental Gas Pipe Line Corporation; Notice of Application November 28, 2007. Take notice that on November 13, 2007, Transcontinental Gas Pipe Line Corporation (Transco), P.O. Box 1396, Houston, Texas 77251, filed in Docket No. CP08-25-000 an application pursuant to section 7(b) of the Natural Gas Act

(NGA)and Part 157 of the Commission's regulations for permission and approval to abandon by sale to DCP Midstream, LP (DCP Midstream), 1 Transco's onshore pipeline facilities in South Texas upstream of Transco's La Gloria lateral in Jim Wells County, Texas, and to abandon the related transportation and exchange services, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,

(886)208-3676 or TYY,

(202)502-8659. 1 Concurrently, DCP Midstream, LP, filed a Petition for Declaratory Order with the Commission on November 13, 2007, in Docket No. CP08-22-000. Transco proposes to abandon by sale to DCP Midstream and that DCP Midstream has agreed to purchase Transco's 100 percent undivided ownership interest in the following facilities, referred to as the “South Texas facilities”:

(1)The South Texas central line between milepost 0.00 and 78.89, which consists of 37.63 miles of 10-inch diameter pipeline and 41.26 miles of 14-inch diameter pipeline;

(2)the Starr lateral and loop, which consists of 23.17 miles of 10-inch diameter pipeline and 18.7 miles of 20-inch diameter pipeline;

(3)the Carter Ranch lateral, which is comprised of the North Rucias lateral, consisting of 7.9 miles of 8-inch diameter pipeline; the Carter Ranch line, consisting of 1.63 miles of 6-inch pipeline and 0.38 miles of 4-inch pipeline; and the North Rucias line, consisting of 0.72 miles of 6-inch diameter pipeline and 2.23 miles of 4-inch diameter pipeline;

(4)the Lacy-Tesoro-Inexco lateral, which consists of 1.94 miles of 6-inch diameter pipeline; and

(5)meter stations, valves, miscellaneous field and tie-in piping, other appurtenances along the above pipeline segments, and related realty and easement rights. Transco states that the requested abandonment would have no impact on the daily design capacity of, or operating conditions, on Transco's pipeline system. Transco also states that the proposed abandonment would enable Transco to transfer facilities that are no longer integral to its provision of natural gas transportation service and allow DCP Midstream, a current owner and operator of natural gas gathering facilities in Texas, to integrate the South Texas facilities with its existing system to provide natural gas gathering and processing options not currently available to customers on the facilities while maintaining the ability to deliver natural gas to Transco's pipeline system at the tailgate of the La Gloria processing plant. Any questions regarding this application should be directed to Ingrid Germany, Staff Analyst, Certificates & Tariffs, P.O. Box 1396, Houston, Texas 77251, at

(713)215-4015. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* December 19, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23619 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EF08-5181-000] Western Area Power Administration; Notice of Filing November 29, 2007. Take notice that on November 5, 2007, the Deputy Secretary, U.S. Department of Energy, pursuant to the authority vested in the Deputy Secretary, by the Department of Energy's Delegation Order No. 00-037.00, submitted for confirmation and approval on a final basis, Rate Schedule L-F7, for firm electric service from the Loveland Area Projects, effective January 1, 2008 and ending December 31, 2012. 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 December 28, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23626 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EF08-5031-000] Western Area Power Administration; Notice of Filing November 29, 2007. Take notice that on November 5, 2007, the Deputy Secretary, U.S. Department of Energy, pursuant to the authority vested in the Deputy Secretary, by the Department of Energy's Delegation Order No. 00-037.00, submitted for confirmation and approval on a final basis, Rate Schedules P-SED-F9, for firm power, and P-SED-F9P for firm peaking power from the Pick Sloan Missouri Basin—Eastern Division, effective January 1, 2008 and ending December 31, 2012. 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 December 28, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23631 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 8412-003] Ronald W. and Kathryn C. Denney; Notice of Availability of Environmental Assessment November 28, 2007. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects' staff has prepared an Environmental Assessment

(EA)for a surrender of exemption from licensing for the Coiner Mill Project. The project is located on the South River in Augusta County, Virginia. The EA contains the staff's analysis of the potential environmental impacts of the proposal and concludes that the surrender of the project's exemption from licensing would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is available for review and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426. The EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the e-library link. Enter the docket number (prefaced by P-) and excluding the last three digits, in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or for TTY, contact

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E7-23623 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 4362] Inman Mills, SC; Notice of Existing Licensee's Failure To File Notice of Intent to File a Subsequent License Application November 29, 2007. By August 31, 2007, Inman Mills, the existing licensee for the Riverdale Hydroelectric Project No. 4362, 1 was required to file a notice of intent stating whether it intended to file an application for a subsequent minor license. The existing license for Project No. 4362 expires on August 31, 2012. 1 In April 2006, Commission staff approved a transfer of the license from Inman Mills to Riverdale Development Venture LLC, effective upon the transferee, within 60 days of the transfer order, signing and returning an acceptance sheet and submitting certified copies of the instruments of conveyance (115 FERC ¶62,076). Transferee did not file the required documents, and Inman Mills therefore remains the licensee. The 1,240-kilowatt project is located on the Enoree River, near Enoree, in Spartanburg County, South Carolina. No federal lands are affected. The principal project works consist of:

(1)A 425-foot-long, 12-foot-high gravity reinforced concrete dam topped with 2-foot flashboards;

(2)a 110-foot-long, 9-foot-diameter penstock;

(3)a powerhouse separate from the dam containing a 1,240 kW capacity generating unit;

(4)a reservoir with a surface area of nine acres at normal pool elevation of 512 feet mean sea level and a gross storage capacity of 22 acre-feet; and

(5)appurtenant facilities. The average annual generation at the project is 5.4 million kWh. Pursuant to section 16.19(b) of the Commission's regulations, 18 CFR 16.9(b) (2007), an existing licensee with a minor license must notify the Commission whether or not the licensee intends to file an application for a subsequent new license. Inman Mills has not filed a notice of intent to file an application for a subsequent license for this project. Pursuant to section 16.23(b) of the Commission's regulations, an existing licensee that fails to file a notice of intent pursuant to section 16.6(b) shall be deemed to have filed a notice of intent indicating that it does not intend to file an application for subsequent license. Pursuant to section 16.20 of the Commission's regulations, applications for subsequent license (except from the existing licensee which is prohibited from filing) must be filed with the Commission at least 24 months prior to the expiration of the existing license. Applications for license for this project must be filed by August 31, 2010. Questions concerning this notice should be directed to Sergiu Serban at

(202)502-6211 or *sergiu.serban@ferc.gov.* Kimberly D. Bose, Secretary. [FR Doc. E7-23625 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PL08-1-000; 121 FERC ¶ 61,221] Policy Statement on Conditioned Licenses for Hydrokinetic Projects November 30, 2007. AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Policy Statement. SUMMARY: The Federal Energy Regulatory Commission is giving notice of a new policy with respect to the issuance of licenses for hydrokinetic projects. In the Policy Statement, the Commission concludes that, in appropriate cases, where the Commission has completed its processing of license applications for hydrokinetic projects, but where other authorizations required under federal law have not yet been received, it will issue conditioned licenses for hydrokinetic projects, predicated on the licensee being precluded from commencing construction until the necessary authorizations are received. DATES: *Effective Dates:* This Policy Statement is effective November 30, 2007. FOR FURTHER INFORMATION CONTACT: Ann Miles, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,

(202)502-6769; John Katz, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,

(202)502-8082. SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. 1. The Commission is issuing this Policy Statement as part of its ongoing effort to establish a regulatory climate that supports the development of innovative hydropower projects that use the forces of currents, waves, and tides (generally referred to herein as “hydrokinetic projects') to generate clean, renewable electric energy. In the Policy Statement, the Commission sets forth a new policy, applicable only to hydrokinetic projects, pursuant to which the Commission will, in appropriate cases, issue licenses pending actions by other entities under federal law. The goal of this action is to shorten the regulatory process and speed the development of meritorious hydrokinetic projects. I. Background 2. In recent years, the Commission has become aware of efforts by the hydrokinetic industry to test and develop projects that harness the nation's water resources to produce new supplies of much-needed electric power. Estimates suggest that new hydrokinetic technologies, if fully developed, could double the amount of hydropower production in the United States, bringing it from just under 10 percent to close to 20 percent of the national electric energy supply. Given the potential benefits of this new, clean power source, the Commission has taken steps to lower regulatory barriers to its development. 3. On December 6, 2006, the Commission held a technical conference on Hydroelectric Generation from Ocean Waves, Tides, and Currents and from Free-Flowing Rivers. 1 At the conference, the Commission heard from state and federal regulators, developers, and other stakeholders interested in hydrokinetic projects. Following the conference, the Commission received public comments. A number of the comments focused on issues relating to the issuance of preliminary permits for hydrokinetic projects, 2 while other comments discussed the licensing process for such projects. 1 Docket AD06-13-000. 2 Preliminary permits, issued for a term of up to three years pursuant to section 4(f) of the Federal Power Act, 18 U.S.C. 797(f) (2000), allow a potential applicant to develop sufficient information to prepare a license application and give the permit holder a priority with respect to filing a license application, but confer no property rights in the project site and no authority to conduct construction or other land-disturbing activity. 4. On February 15, 2007, the Commission issued a notice of inquiry and interim statement of policy with respect to preliminary permits for hydrokinetic projects. 3 The Commission explained that there had been a surge in applications for preliminary permits to study potential hydrokinetic projects, and noted the potential for new energy production from those projects. In consequence, the Commission proposed to implement a “strict scrutiny” approach to reviewing preliminary permit applications, in order to respond to issues that had been raised at the technical conference, and to encourage thoughtful permit applications and promote competition. 4 The Commission also sought comment on this proposal, and the great majority of the commenters supported the Commission's approach. 3 The notice of inquiry and interim statement of policy is published at FERC Stats. & Regs. ¶ 35,555. 4 *Id.* at ¶ 14, 16. 5. On October 2, 2007, the Commission held a Commissioner-led technical conference, in Portland, Oregon, to discuss a Commission staff proposal for a pilot licensing process regarding hydrokinetic projects. The staff proposal called for an expedited licensing process, to be completed in as few as six months. Staff suggested that pilot project licenses would be available only for proposed projects that are small (five megawatts or less), are removable or able to be shut down quickly, are not located in sensitive areas, and are for the purpose of testing new technologies or locating appropriate sites. 5 Staff proposed that pilot project licenses

(1)have a short term (five years),

(2)include a standard condition requiring project alteration or shutdown in the event that there was an unacceptable level of environmental effect,

(3)provide the option of applying for a standard 30-50 year license, and

(4)require decommissioning and site restoration at license expiration, if a standard license is not sought. The comments filed regarding the pilot project license proposal were largely supportive of a more expedited, less burdensome process, and included a number of specific suggestions as to how the process could be implemented. 5 *See* Notice of Technical Conference and Soliciting Comments, Docket No. AD07-14-000 (issued July 19 2007). II. Discussion 6. Based on the Commission's experience, it has often been the case that Commission staff has completed its processing of a hydropower license application, including preparation of an environmental document, but that authorizations required from other entities under federal laws including the Clean Water Act, the Coastal Zone Management Act, and the Endangered Species Act, have not yet been received. Typically, the Commission has not acted in such instances, sometimes resulting in substantial delays in developers' abilities to undertake non-construction activities. This has a concomitant adverse impact on developers' abilities to move quickly with project construction once the pending authorizations are filed with the Commission. 7. The Commission has taken a different approach with respect to authorizations issued under the Natural Gas Act. In those cases, the Commission has issued pipeline certificates and authorizations to construct liquefied natural gas facilities while action by other entities is still pending, and included in the Commission order provisos that construction may not commence until the necessary authorizations have been received. 6 6 *See* , *e.g.* , *Crown Landing LLC* , 117 FERC ¶ 61,209 at P 21 and n. 19 and n. 36 (2006); *Georgia Strait Crossing Pipeline LP* , 108 FERC ¶ 61,053 at P 13-16 (2004); *Millennium Pipeline Company, L.P.* , 100 FERC ¶ 61,277 at P 225-231 (2002). 8. In light of the nation's interest in the development of its water power resources to meet the growing need for clean, renewable energy, the Commission has decided to adopt the natural gas procedural model with respect to new, hydrokinetic projects. Thus, for new hydrokinetic projects only, we will, in appropriate cases, issue project licenses where the Commission has completed processing an application but other authorizations remain outstanding. In such cases, the license will include conditions precluding the licensee from commencing construction until it has obtained all necessary authorizations. 9. There are a number of policy reasons to consider adopting the gas pipeline practice rather than the conventional hydropower practice with respect to conditioned licensing of hydrokinetic technologies. First, issuing licenses as described will have no environmental impacts. By the terms of the licenses, licensees will not be permitted to commence construction until they have obtained all authorizations required by federal law. When the authorizations are obtained, licensees will be required to file them with the Commission, and the Commission then will review them and incorporate their terms in the licenses, as appropriate. 10. Second, issuing an appropriately conditioned license would in no way diminish the authority of the states or other federal agencies. Construction of a hydrokinetic project could not start without any necessary state and federal authorizations under a conditioned license. For that reason, states and federal agencies will fully retain their authority to take action under relevant federal law. 11. Third, the new procedure is suitable for demonstration projects. The Commission can issue licenses quickly, leaving state and federal agencies that have not yet completed their actions the opportunity to do so, ideally quickly, on their own timetable. While it is not clear whether state and federal resource agencies will complete their actions on hydrokinetic projects in a shortened timeframe, as suggested in the pilot project license proposal drafted by Commission staff, issuance of conditioned licenses would likely give the Commission a greater ability to respond quickly to innovative project proposals. Also, early issuance of a Commission license will improve the ability of project developers to secure financing of demonstration projects. 12. Issuance of a conditioned license will be a final Commission action, as is the case with other licenses that contain reservations of authority. Thus, these licenses will be subject to rehearing, and, once accepted, their terms will be binding on licensees. Licensees will be able, and required, to comply with all license terms that do not involve construction, such as those which may require the development of plans and consultation with stakeholders. III. Comments 13. Interested persons may submit comments on this Policy Statement. Comments are due on or before December 14, 2007. Comments must refer to Docket No. PL08-1-000, and must include the commenter's name, the organization they represent, if applicable, and their address. 14. Commenters are requested to use appropriate headings and to double space their comments. 15. Comments may be filed on paper or electronically via the eFiling link on the Commission's Web site at *http://www.ferc.gov* . The Commission accepts most standard word processing formats and commenters may attach additional files with supporting information in certain other file formats. Commenters filing electronically do not need to make a paper filing. Commenters that are not able to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street, NE., Washington, DC 20426. 16. All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters are not required to serve copies of their comments on other commenters. IV. Document Availability 17. In addition to publishing the full text of this document in the **Federal Register** , the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through the Commission's Home Page ( *http://www.ferc.gov* ) and in the Commission's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426. 18. From the Commission's Home Page on the Internet, this information is available in the Commission's document management system, eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number (excluding the last three digits of the docket number), in the docket number field. User assistance is available for eLibrary and the Commission's Web site during normal business hours. For assistance, please contact FERC Online Support at

(202)502-6652 (toll-free at 1-866-208-3676) or e-mail at *ferconlinesupport@ferc.gov* , or the Public Reference Room at

(202)502-8371, TTY

(202)502-8659. E-mail the Public Reference Room at *public.referenceroom@ferc.gov* . By the Commission. Kimberly D. Bose, Secretary. [FR Doc. E7-23615 Filed 12-5-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2007-0529; FRL-8502-8] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; ENERGY STAR® Product Labeling (Renewal); EPA ICR No. 2078.02, OMB Control No. 2060-0528 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 January 7, 2008. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2007-0529, to

(1)EPA online using *http://www.regulations.gov* (our preferred method), by email to a-and-r- *docket@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Air and Radiation Docket, 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: Rachel Schmeltz, Climate Protection Partnerships Division, Office of Air and Radiation, Mailcode 6202J, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-343-9124; fax number: 202-343-2200; e-mail address: *schmeltz.rachel@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 13, 2007 (72 FR 38573), 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-2007-0529 which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the 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 8:30 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 and Radiation Docket is 202-566-1742. Use EPA's electronic docket and comment system at *http://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 *http://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 *http://www.regulations.gov.* *Title:* ENERGY STAR® Product Labeling (Renewal). *ICR numbers:* EPA ICR No. 2078.02, OMB Control No. 2060-0528. *ICR Status:* This ICR is scheduled to expire on December 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:* ENERGY STAR is a voluntary program developed in collaboration with industry to create a self-sustaining market for energy efficient products. The centerpiece of the program is the ENERGY STAR label, a registered certification label that helps consumers identify products that save energy, save money, and help protect the environment without sacrificing quality or performance. In order to protect the integrity of the label and enhance its effectiveness in the marketplace, EPA must ensure that products carrying the label meet appropriate program requirements. Since ENERGY STAR is a self-certification program, it is important that program participants submit signed Partnership Agreements indicating that they will adhere to logo-use guidelines and that participating products meet specified energy performance criteria based on a standard test method. As part of our contribution to the overall success of the program, EPA has agreed to facilitate the sale of qualifying products by providing consumers with easy-to-use information about the products. To be effective, EPA must receive qualifying product information from participating manufacturers. Partners are requested to submit updates to qualifying product information on an annual basis, at minimum, so as to ensure that EPA information is recent and accurate. The information will be compiled into a complete qualifying product list per product category, posted on the ENERGY STAR Web site, and supplied to those purchasers who request it via phone, fax, or e-mail. In addition, because of the nature of these products, manufacturers of roof products and residential light fixtures are requested to submit testing reports in order to verify qualification. In order to monitor progress and support the best allocation of resources, EPA also asks manufacturers to submit annual shipment data for the ENERGY STAR qualifying products. EPA is flexible as to the methods by which manufacturers may submit unit shipment data. For example, if manufacturers already submit this type of information to a third party, such as a trade association, they are given the option of arranging for shipment data to be sent to EPA via this third party to avoid duplication of efforts and to ensure confidentiality. In using any shipment data received directly from a partner, EPA will mask the source of the data so as to protect confidentiality. Finally, Partners that wish to receive recognition for their efforts in ENERGY STAR may submit an application for the Partner of the Year award. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 89.33 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:* Respondents for this information collection request include Partners in ENERGY STAR. Partners are product manufacturers. *Estimated Number of Respondents:* 692. *Frequency of Response:* Initially/one-time and annually. *Estimated Total Annual Hour Burden:* 89,150 hours. *Estimated Total Annual Cost:* $7,056,533, includes $238,831 annualized capital or O&M costs. *Changes in the Estimates:* There is an increase of 18,483 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. Although the estimated burden for each individual collection decreased, the overall increase in burden hours reflects the increased number of ENERGY STAR qualified roof products and residential light fixtures for which Partners are required to submit testing reports along with qualifying product information. The currently approved ICR estimated 654 submissions, whereas this ICR estimates 4,464 submissions for this activity. This change is an adjustment to the burden estimates. Dated: November 29, 2007. Sara Hisel-McCoy, Director, Collections Strategies Division. [FR Doc. E7-23652 Filed 12-5-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2007-0478, FRL-8502-7] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Regulation of Fuels and Fuel Additives: Gasoline Volatility (Renewal); EPA ICR No. 1367.08, OMB Control No. 2060-0178 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

(1)EPA online using *http://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, 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: James W. Caldwell, Office of Transportation and Air Quality, Mailcode: 6406J, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)343-9303; fax number:

(202)343-2801; e-mail address: *caldwell.jim@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 23, 2007 (72 FR 40146), 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-2007-0478, which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the 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 8:30 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 and Radiation Docket is 202-566-1742. Use EPA's electronic docket and comment system at *http://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 *http://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 *http://www.regulations.gov.* *Title:* Regulation of Fuels and Fuel Additives: Gasoline Volatility (Renewal). *ICR numbers:* EPA ICR No. 1367.08, OMB Control No. 2060-0178. *ICR Status:* This ICR is scheduled to expire on January 31, 2008. 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 volatility, as measured by Reid Vapor Pressure

(RVP)in pounds per square inch (psi), is controlled in the spring and summer in order to minimize evaporative hydrocarbon emissions from motor vehicles. RVP is subject to Federal standard of 7.8 psi or 9.0 psi, depending on location. The addition of ethanol to gasoline increases the RVP by about 1 psi. Gasoline that contains at least 9 volume percent ethanol is subject to a standard that is 1.0 psi greater. As an aid to industry compliance and EPA enforcement, the product transfer document which is prepared by the producer or importer and which accompanies a shipment of gasoline containing ethanol, is required by regulation to contain a legible and conspicuous statement that the gasoline contains ethanol and the percentage concentration of ethanol. This is intended to deter the mixing within the distribution system, particularly in retail storage tanks, of gasoline which contains ethanol with gasoline which does not contain ethanol. Such mixing would likely result in a gasoline with an ethanol concentration of less than 9 volume percent but with an RVP above the standard. Also, a party wishing a testing exemption for research on gasoline that is not in compliance with the applicable volatility standard must submit certain information to EPA. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 5 seconds 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:* Parties which produce or import gasoline containing ethanol, and parties seeking a testing exemption. *Estimated Number of Respondents:* 2,000. *Frequency of Response:* On occasion. *Estimated Total Annual Hour Burden:* 13,997. *Estimated Total Annual Cost:* $916,845, includes $20 in annualized capital or O&M costs. *Changes in the Estimates:* There is an increase of 7,550 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This increase reflects EPA's updating of burden estimates. The increase is due to an increase in the use of ethanol in gasoline due to

(1)the discontinued use of methyl tertiary butyl ether in gasoline and

(2)the renewable fuels requirements which recently took effect. Dated: November 29, 2007. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E7-23665 Filed 12-5-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8503-2] EPA Office of Children's Health Protection and Environmental Education Staff Office; Notice of Public Meetings for the National Environmental Education Advisory Council AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) Office of Children's Health Protection and Environmental Education Office hereby gives notice that the National Environmental Education Advisory Council will hold public meetings by conference call on the 2nd Wednesday of each month, beginning with December 12, 2007. The purpose of these meetings is to provide the Council with the opportunity to advise the Environmental Education Division on its implementation of the National Environmental Protection Act of 1990. DATES: This notice is applicable for the following dates: • December 12, 2007. • January 9, 2008. • February 13, 2008. • March 12, 2008. • April 9, 2008. • May 14, 2008. *Conference Call Instructions:* Each participant will need to call into the Reservationless-Plus System for the conference call. • Call the dial-in number no earlier than 3 p.m. EST. The number is

(866)299-3188. • Enter the conference code when prompted. The conference code is: 2025640453. FOR FURTHER INFORMATION CONTACT: For information regarding this Notice, please contact Ms. Ginger Potter, Designated Federal Officer (DFO), EPA National Environmental Education Advisory Council, at *potter.ginger@epa.gov* or

(202)564-0453. General information concerning NEEAC can be found on the EPA Web site at: *http://www.epa.gov/enviroed.* Dated: November 28, 2007. Ginger Potter, Designated Federal Officer. [FR Doc. E7-23653 Filed 12-5-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Extension of Comment Period for Exposure Drafts Accounting for Federal Oil and Gas Resources and Reporting Gains and Losses From Changes in Assumption and Selecting Discount Rates and Valuation Dates *Board Action:* Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules of Procedure, as amended in April, 2004, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) has extended the Comment period for the Exposure Draft *Accounting for Federal Oil and Gas Resources* until January 11, 2008. The FASAB is also extending the comment period for the Exposure Draft *Reporting Gains and Losses from Changes in Assumption and Selecting Discount Rates and Valuation Dates* until January 15, 2008. The Exposure Drafts are available on the FASAB home page *http://www.fasab.gov/exposure.html* . Copies can be obtained by contracting FASAB at

(202)512-7350. Respondents are encourages to comment on any part of the exposure drafts. Written comments are requested by January 11, 2008, and January 15, 2008, respectively. Comments should be sent to *fasab@fasab.gov* or: Wendy M. Payne, Executive Director, Federal Accounting Standards Advisory Board, 441 G Street, NW., Suite 6814, Mail Stop 6K17V, Washington, DC 20548. FOR FURTHER INFORMATION CONTACT: Wendy Payne, Executive Director, 441 G Street, NW., Washington, DC 20648, or call

(202)512-7350. Authority: Federal Advisory Committee Act, Pub. L. 92-463. Dated: November 30, 2007. Charles Jackson, Federal Register Liaison Officer. [FR Doc. 07-5942 Filed 12-5-07; 8:45 am]

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