Rules and Regulations. Final rule

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BILLING CODE 3410-02-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Erythromycin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration

(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application

(NADA)filed by Cross Vetpharm Group Ltd. The supplemental NADA provides for use of a 100 milligram per milliliter (mg/mL) strength erythromycin injectable solution in cattle for the treatment of bovine respiratory disease. DATES: This rule is effective December 7, 2007. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0169, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Cross Vetpharm Group Ltd., Broomhill Rd., Tallaght, Dublin 24, Ireland, filed a supplement to NADA 12-123 for GALLIMYCIN-100 (erythromycin) Injection. The supplemental NADA provides for use of a 100 mg/mL strength erythromycin injectable solution in cattle for the treatment of bovine respiratory disease. The supplemental NADA is approved as of November 15, 2007, and the regulations in 21 CFR 522.820 are amended to reflect the approval and a current format. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. The agency has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subject in 21 CFR Part 522 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Revise § 522.820 to read as follows: § 522.820 Erythromycin.

(a)*Sponsor* . See No. 061623 in § 510.600(c) of this chapter.

(b)*Specifications* —(1) Each milliliter

(mL)of solution contains 100 milligrams

(mg)erythromycin base.

(2)Each mL of solution contains 200 mg erythromycin base.

(c)*Related tolerances* . See § 556.230 of this chapter.

(d)*Conditions of use* —(1) *Dog* . Administer product described in paragraph (b)(1) of this section as follows:

(i)*Amount* . 3 to 5 mg per pound (/lb) body weight, intramuscularly, two to three times daily, for up to 5 days.

(ii)*Indications for use* . For the treatment of bacterial pneumonia, upper respiratory infections (tonsillitis, bronchitis, tracheitis, pharyngitis, pleurisy), endometritis and metritis, and bacterial wound infections caused by *Staphylococcus* spp., *Streptococcus* spp., and *Corynebacterium* spp., sensitive to erythromycin.

(iii)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian.

(2)*Cats* . Administer product described in paragraph (b)(1) of this section as follows:

(i)*Amount* . 3 to 5 mg/lb body weight, intramuscularly, two to three times daily, for up to 5 days.

(ii)*Indications for use* . For the treatment of bacterial pneumonia, upper respiratory infections (rhinitis, bronchitis), secondary infections associated with panleukopenia, and bacterial wound infections caused by *Staphylococcus* spp. and *Streptococcus* spp., susceptible to erythromycin.

(iii)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian.

(3)*Cattle* . Administer products described in paragraph

(b)of this section as follows:

(i)*Amount* . 4 mg/lb body weight by deep intramuscular injection once daily for up to 5 days.

(ii)*Indications for use* . For the treatment of bovine respiratory disease (shipping fever complex and bacterial pneumonia) associated with *Pasteurella multocida* susceptible to erythromycin.

(iii)*Limitations* . Do not use in female dairy cattle over 20 months of age. Do not slaughter treated animals within 6 days of last treatment. A withdrawal period has not been established for this product in pre-ruminating calves. Do not use in calves to be processed for veal. To avoid excess trim, do not slaughter within 21 days of last injection. Dated: November 30, 2007. Bernadette Dunham, Deputy Director, Center for Veterinary Medicine. [FR Doc. E7-23763 Filed 12-6-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF JUSTICE 28 CFR Part 50 [Docket No. DEA-250F; A.G. Order No. 2920-2007] Office of the Attorney General; Destruction of Contraband Drug Evidence AGENCY: Department of Justice. ACTION: Final rule. SUMMARY: This rule makes one revision to the Department of Justice regulations on the destruction of contraband drug evidence. The rule concerns the proper handling and disposal of liquid phencyclidine (PCP). DATES: *Effective Date:* December 7, 2007. FOR FURTHER INFORMATION CONTACT: Wendy H. Goggin, Chief Counsel, Drug Enforcement Administration, Washington, DC 20537, Telephone

(202)307-1000. SUPPLEMENTARY INFORMATION: This final rule implements one change to Title 28, Code of Federal Regulations (CFR), Part 50 and addresses the proper handling and disposal of liquid PCP, which is problematic because it is a controlled substance and acutely hazardous by nature. Liquid PCP contains piperidine, a flammable liquid that can be fatal if inhaled or ingested; sodium/potassium cyanide, which is highly poisonous and corrosive; and solvents, such as benzene, toluene and ethyl ether, which are toxic, flammable and possibly carcinogenic. These hazardous materials pose significant hazards to life and property because of their explosive, flammable, poisonous, and toxic characteristics. These risks can partially be mitigated by reducing the amount of liquid PCP that the Drug Enforcement Administration

(DEA)and the Federal Bureau of Investigation

(FBI)are presently required to preserve. A detailed explanation of this revision follows: 28 CFR 50.21 To address the proper handling and disposal of liquid PCP, this amendment implements a change to Title 28, CFR, Part 50, regarding the preservation of contraband drug evidence by DEA and the FBI, and will reduce the amount of liquid PCP the Government is required to preserve. Specifically, the amended regulation will reduce the amount of liquid PCP that Department of Justice

(DOJ)law enforcement agencies

(LEAs)are required to preserve from 200 grams of pure liquid PCP, or 2,000 grams of a liquid that contains a detectable amount of PCP, to 28.35 grams, or one

(1)fluid ounce, of a liquid that contains PCP, in any form. Because the quantities currently required to be preserved jeopardize the safety of DOJ LEA personnel, reducing the preserved amount of liquid PCP to 28.35 grams will substantially reduce the risk to DOJ employees and facilities, and simultaneously ensure sufficient quantities for re-tests if the identity of a substance is disputed. Retention of a greater amount of PCP is unnecessary for due process in criminal cases. *See* 28 CFR 50.21(c); *see also United States* v. *Gibson,* 963 F.2d 708, 711 (5th Cir. 1992). The preservation amounts for powdered PCP are unchanged. Regulatory Certifications Administrative Procedure Act This rule relates to a matter of agency management or personnel and is a rule of agency organization, procedure, and practice. As such, this rule is exempt from the usual requirements of prior notice and comment and a 30-day delay in effective date. *See* 5 U.S.C. 553(a)(2), (b)(3)(A), (d)(3). Regulatory Flexibility Act The Attorney General, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies that it will not have a significant economic impact on a substantial number of small entities because it pertains to personnel and administrative matters affecting the Department. Further, a Regulatory Flexibility Analysis was not required to be prepared for this final rule because the Department was not required to publish a general notice of proposed rulemaking for this matter. Executive Order 12866 This rule has been drafted and reviewed in accordance with Executive Order 12866, Regulatory Planning and Review, section 1(b), Principles of Regulation. This rule is limited to agency organization, management and personnel as described by Executive Order 12866 section 3(d)(3) and, therefore, is not a “regulation” or “rule” as defined by that Executive Order. Accordingly, this rule has not been reviewed by the Office of Management and Budget. Executive Order 12988 This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform. Executive Order 13132 This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, Federalism, the Department has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 *et seq.* Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of non-agency parties. Accordingly, it is not a “rule” for purposes of the reporting requirement of 5 U.S.C. 801. Congressional Review Act The Department of Justice has determined that this action is a rule relating to agency organization, procedure or practice that does not substantially affect the rights or obligation of non-agency parties and, accordingly, it is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects in 28 CFR Part 50 Administrative practice and procedure. Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, Part 50 of Title 28 of the Code of Federal Regulations is amended as follows: PART 50—STATEMENTS OF POLICY [AMENDED] 1. The authority citation for part 50 continues to read as follows: Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 1921 *et seq.* , 1973c; and Pub. L. 107-273, 116 Stat. 1758, 1824. 2. In § 50.21, paragraph (d)(4)(iv) is revised to read as follows: § 50.21 Procedures governing the destruction of contraband drug evidence in the custody of Federal law enforcement authorities.

(d)* * *

(4)* * *

(iv)Two hundred grams of powdered phencyclidine

(PCP)or two kilograms of a powdered mixture or substance containing a detectable amount of phencyclidine

(PCP)or 28.35 grams of a liquid containing a detectable amount of phencyclidine (PCP); Dated: November 30, 2007. Michael B. Mukasey, Attorney General. [FR Doc. E7-23792 Filed 12-6-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. CGD07-07-252] RIN 1625-AA09 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Mile 1134, Key Largo, FL AGENCY: Coast Guard, DHS. ACTION: Temporary rule. SUMMARY: The Coast Guard is temporarily changing the operating regulations governing the Jewfish Creek Bridge, Atlantic Intracoastal Waterway mile 1134, Key Largo, Monroe County, Florida. This rule will allow the Drawbridge to open on signal, except that from 7 a.m. until sunset this bridge will open on the hour and half-hour. This action is necessary for workers' safety. DATES: This rule is effective 7 a.m. December 7, 2007 to April 30, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of the docket [Docket No. CGD07-07-252] and are available for inspection or copying at Commander (dpb), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432, Miami, Florida 33131-3028 between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Seventh Coast Guard District, Bridge Administration Branch, telephone number 305-415-6744. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NRPM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. An NPRM would be impracticable and contrary to the public interest as a delay in the effective date poses a risk to the construction workers and increases the risk of traffic accidents. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the **Federal Register** . The bridge owner had informed the Coast Guard that there have been more vehicle accidents, resulting in an increased risk to workers during normal operation of this bridge then during the half-hour closure periods. Therefore, it is in the best interest of safety to implement this regulation as soon as possible. Background and Purpose The existing regulation of the draw requires that the Jewfish Creek Bridge, mile 1134 at Key Largo, shall open on signal; except that, from 10 a.m. to Sunset, Thursday through Sunday and Federal holidays, the draw need open only on the hour and half hour. The owner of the bridge notified the Coast Guard that there is a noticeable difference in the vehicular delays and safety because of the vehicles backed up due to the on-demand openings. This has created additional accidents within the work zone and increases the potential of serious injuries to construction workers in the work zone. For these reasons the bridge owner has requested that the Coast Guard change the current operation of the Jewfish Creek Bridge. The drawbridge will be required to open twice an hour from 7 a.m. to sunset. In cases of emergency, the drawbridge will be opened as soon as possible. This regulation is necessary for workers' safety. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Although bridge openings will be restricted, vessel traffic will still be able to transit the Atlantic Intracoastal Waterway pursuant to the revised opening schedule. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule would affect the following entities, some of which may be small entities: The owners or operators of vessels needing to transit the Atlantic Intracoastal Waterway in the vicinity of the Jewfish Creek Bridge, persons intending to drive over the bridge, and nearby business owners. The revision to the openings schedule would not have a significant impact on a substantial number of small entities, although bridge openings will be restricted, vessel traffic will still be able to transit the Atlantic Intracoastal Waterway pursuant to the revised opening schedule. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about the rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction, from further environmental documentation. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 0170.1 2. From 7 a.m. on December 7, 2007, through sunset on April 30, 2008, § 117.261(qq) is suspended and § 117.261(uu) is added to read as follows: § 117.261 Atlantic Intracoastal Waterway.

(uu)Jewfish Creek Bridge, mile 1134, Key Largo. The draw shall open on signal, except that from 7 a.m. to sunset, the bridge shall open on the hour and half-hour. Dated: November 23, 2007. William Lee, Capt. USCG, District Commander, Seventh Coast Guard District, Acting. [FR Doc. E7-23600 Filed 12-6-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF EDUCATION 34 CFR Part 75 RIN 1890-AA15 [Docket ID ED-2007-OCFO-0132] Direct Grant Programs AGENCY: Office of the Chief Financial Officer, Department of Education. ACTION: Final regulations. SUMMARY: The Secretary amends the Department's regulations governing the determination and recovery of indirect costs by grantees. These amendments address procedural aspects related to the establishment of temporary indirect cost rates, specify the temporary rate that will apply to grants generally, and clarify how indirect costs are determined for a group of applicants that apply for a single training grant. DATES: These regulations are effective January 7, 2008. FOR FURTHER INFORMATION CONTACT: Richard Mueller, U.S. Department of Education, 830 First Street, NE., room 21C7, Washington, DC 20202-4450. Telephone:

(202)377-3838 or via the Internet: *Richard.Mueller@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: On May 24, 2007, the Secretary published a notice of proposed rulemaking

(NPRM)for these amendments in the **Federal Register** (72 FR 29097). In the preamble to the NPRM, the Secretary discussed on pages 29098 and 29099 the major changes proposed to the current regulations. These changes are summarized as follows: • Amending § 75.560(c) and

(d)to specify the procedures used to establish a temporary indirect cost rate for any grantee that does not have a federally recognized indirect cost rate. • Amending § 75.562(c) to clarify that a grantee cannot include the amount of a sub-award 1 that exceeds $25,000 in the modified total direct cost base used to determine and charge its indirect cost rate. 1 The term “sub-award,” as used in the final regulations, covers both subgrants and contracts made under a grant. However, as explained in the NPRM, because virtually all of the Department's discretionary grant programs do not authorize grantees to award subgrants, we describe the effect of the final regulations only on contracts awarded by grantees. • Amending § 75.564(e) to clarify the determination of indirect costs for a training grant in the context of a grant to a group of organizations that apply together for a grant under the procedures in §§ 75.127 through 75.129. These final regulations provide a temporary indirect cost rate to a grantee that does not have a federally recognized indirect cost rate on the date the Department awards its first grant. The temporary rate for such a grantee will be 10 percent of the direct salaries and wages of the project. These regulations permit the use of a temporary indirect cost rate under the grant award for the first 90 days after the date the Department issues the Grant Award Notification. A grantee may continue to charge indirect costs at the temporary rate after the first 90 days if the grantee submits a formal indirect cost proposal to its cognizant agency within those 90 days. If, after the 90-day period, a grantee has not submitted an indirect cost proposal to its cognizant agency, it must stop using the temporary rate. After that period, the grantee will not be allowed to charge any indirect costs to its grant until it obtains a federally recognized indirect cost rate from its cognizant agency. These regulations make the Department's practice consistent with the practice of other Federal agencies and reduce the number of improper payments that result when applicants budget indirect costs that are greater than the actual indirect costs the applicant can expect to recover under Federal cost principles. As explained in the NPRM, under the Department's prior practice, new grantees of the Department were not recovering any indirect costs until they negotiated an indirect cost rate with their cognizant agencies. These regulations now enable a new grantee to recover indirect costs at the temporary rate until it negotiates a rate with its cognizant agency or for 90 days if it does not submit its indirect cost rate proposal to its cognizant agency within the 90-day period. The regulations also clarify how the modified total direct cost base is determined when a grant is subject to the eight percent indirect cost rate limitation for training grants and specify how to treat sub-awards (contracts) if the indirect cost rate is applied to a grant made to a group under the procedures in §§ 75.127 through 75.129. Analysis of Comments and Changes In the NPRM we invited comments on the proposed regulations. We did not receive any comments. There are no substantive differences between the NPRM and these final regulations. However, we have reviewed the regulations since publication of the NPRM and have made the following technical changes: • We revised § 75.560(d)(3)(i) by deleting the words “after the date the indirect cost proposal was submitted to the cognizant agency” because this description of the period during which a grantee may recover costs at the negotiated rate is stated in paragraph (d)(3). The revised paragraph (d)(3)(i) simply states that the total amount of funds recovered by the grantee under the federally recognized indirect cost rate is reduced by the amount of indirect costs “previously recovered under the temporary indirect cost rate.” We believe these changes make the paragraph easier to understand. • We added a note following § 75.562(c)(1) to clarify that, for any grantee that did not have a federally recognized indirect cost rate on the date its training grant was awarded, the indirect costs recovered under the training grant limitation in § 75.562(c)(1) are also subject to the limitations in § 75.560(d)(3). Also, as a result of our internal review, we have concluded that changes similar to those reflected in these final regulations also should be made to 34 CFR part 76, which applies to State-administered programs of the Department. Therefore, soon we intend to propose changes to part 76 that are consistent with the changes in these regulations. Transition Issues Because the regulations authorizing a specified temporary indirect cost rate confer a benefit on new grantees, the Secretary has discretion to apply the regulations to grants made before the effective date of these regulations. Under the final regulations, a grantee must submit a formal indirect cost proposal to its cognizant agency within 90 days after the date the Department issues the Grant Award Notification (GAN). However, we are aware that some new grantees are currently in the first budget period of their grants and do not have Federally recognized indirect cost rates. These grantees would benefit from being able to use the temporary indirect cost rate as soon as these regulations become effective in 30 days. Accordingly, any grantee that was or is issued a GAN before these regulations become effective on January 7, 2008, is in the first budget period of its grant, and did not have a federally recognized indirect cost rate on the date the GAN was issued, may begin using the temporary indirect cost rate starting on the effective date of these regulations and will have until April 7, 2008 (90 days after the effective date of these final regulations) to submit a formal indirect cost proposal to its cognizant agency. If a grantee submits an indirect cost proposal within the 90 days after the regulations become effective, it may continue charging at the temporary rate until it obtains a federally recognized indirect cost rate. The Secretary takes this action so that new grantees may benefit from these amendments as soon as possible. Finally, § 75.562(c)(2) requires grantees to exclude all contract costs in excess of $25,000 from the base used to calculate the total indirect cost recovery under a training grant. This exclusion will apply to the first training grant (new or continuation) made to a grantee after the date these regulations become effective. Executive Order 12866 We have reviewed these final regulations in accordance with Executive Order 12866. Under the terms of the order we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the final regulations are those resulting from statutory requirements and those we have determined to be necessary for administering the Department's Direct Grant programs effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this regulatory action, we have determined that the benefits would justify the costs. Summary of potential costs and benefits. These regulations impose no additional burdens on applicants for discretionary grants or recipients of those grants. The regulations merely specify the rate at which grantees can recover indirect costs during a temporary period when the grantee does not have an indirect cost rate recognized by the Federal Government and establish procedural requirements regarding temporary indirect cost rates. While these final regulations prohibit a grantee from recovering indirect costs if the grantee has not submitted its indirect cost proposal within the 90 days after the date the Department issues the GAN, the burden and timing of submitting an indirect cost rate proposal under the procedures in the Federal cost principles do not change at all. Paperwork Reduction Act of 1995 These regulations do not contain any information collection requirements. Intergovernmental Review These regulations affect Direct Grant programs of the Department that are subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and to strengthen federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for these programs. Assessment of Educational Impact In the NPRM we requested comments on whether the proposed regulations would require transmission of information that any other agency or authority of the United States gathers or makes available. Based on the response to the NPRM and on our review, we have determined that these final regulations do not require transmission of information that any other agency or authority of the United States gathers or makes available. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

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

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Number does not apply.) List of Subjects in 34 CFR Part 75 Administrative practice and procedure, Education Department, Grant programs—education, Grant administration, Performance reports, Reporting and recordkeeping requirements, Unobligated funds. Dated: December 4, 2007. Margaret Spellings, *Secretary of Education* . For the reasons discussed in the preamble, the Secretary amends part 75 of title 34 of the Code of Federal Regulations as follows: PART 75—DIRECT GRANT PROGRAMS 1. The authority citation for part 75 continues to read as follows: Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. 2. Section 75.560 is amended by revising paragraphs

(b)and (c), redesignating paragraph

(d)as paragraph (e), and adding a new paragraph

(d)to read as follows: § 75.560 General indirect cost rates; exceptions.

(b)A grantee must have obtained a current indirect cost rate agreement from its cognizant agency, to charge indirect costs to a grant. To obtain an indirect cost rate, a grantee must submit an indirect cost proposal to its cognizant agency within 90 days after the date the Department issues the Grant Award Notification (GAN).

(c)If a grantee does not have a federally recognized indirect cost rate agreement, the Secretary may permit the grantee to charge its grant for indirect costs at a temporary rate of 10 percent of budgeted direct salaries and wages. (d)(1) If a grantee fails to submit an indirect cost rate proposal to its cognizant agency within the required 90 days, the grantee may not charge indirect costs to its grant from the end of the 90-day period until it obtains a federally recognized indirect cost rate agreement applicable to the grant.

(2)If the Secretary determines that exceptional circumstances warrant continuation of a temporary indirect cost rate, the Secretary may authorize the grantee to continue charging indirect costs to its grant at the temporary rate specified in paragraph

(c)of this section even though the grantee has not submitted its indirect cost rate proposal within the 90-day period.

(3)Once a grantee obtains a federally recognized indirect cost rate that is applicable to the affected grant, the grantee may use that indirect cost rate to claim indirect cost reimbursement for expenditures made on or after the date the grantee submitted its indirect cost proposal to its cognizant agency or the start of the project period, whichever is later. However, this authority is subject to the following limitations:

(i)The total amount of funds recovered by the grantee under the federally recognized indirect cost rate is reduced by the amount of indirect costs previously recovered under the temporary indirect cost rate.

(ii)The grantee must obtain prior approval from the Secretary to shift direct costs to indirect costs in order to recover indirect costs at a higher negotiated indirect cost rate.

(iii)The grantee may not request additional funds to recover indirect costs that it cannot recover by shifting direct costs to indirect costs. 3. Section 75.562 is amended by revising paragraph

(c)to read as follows: § 75.562 Indirect cost rates for educational training projects. (c)(1) Indirect cost reimbursement on a training grant is limited to the recipient's actual indirect costs, as determined in its negotiated indirect cost rate agreement, or eight percent of a modified total direct cost base, whichever amount is less. Note to paragraph (c)(1): If the grantee did not have a federally recognized indirect cost rate agreement on the date the training grant was awarded, indirect cost recovery is also limited to the amount authorized under § 75.560(d)(3).

(2)For the purposes of this section, a modified total direct cost base consists of total direct costs minus the following:

(i)The amount of each sub-award in excess of $25,000.

(ii)Stipends.

(iii)Tuition and related fees.

(iv)Equipment, as defined in 34 CFR 74.2 and 80.3, as applicable. Note to paragraph (c)(2)(iv): If the grantee has established a threshold for equipment that is lower than $5,000 for other purposes, it must use that threshold to exclude equipment under the modified total direct cost base for the purposes of this section.

(3)The eight percent indirect cost reimbursement limit specified in paragraph (c)(1) of this section also applies to sub-awards that fund training, as determined by the Secretary under paragraph

(b)of this section.

(4)The eight percent limit does not apply to agencies of State or local governments, including federally recognized Indian tribal governments, as defined in 34 CFR 80.3.

(5)Indirect costs in excess of the eight percent limit may not be charged directly, used to satisfy matching or cost-sharing requirements, or charged to another Federal award. 4. Section 75.564 is amended by revising paragraph

(e)to read as follows: § 75.564 Reimbursement of indirect costs. (e)(1) Indirect costs for a group of eligible parties (See §§ 75.127 through 75.129) are limited to the amount derived by applying the rate of the applicant, or a restricted rate when applicable, to the direct cost base for the grant in keeping with the terms of the applicant's federally recognized indirect cost rate agreement.

(2)If a group of eligible parties applies for a training grant under the group application procedures in §§ 75.127 through 75.129, the grant funds allocated among the members of the group are not considered sub-awards for the purposes of applying the indirect cost rate in § 75.562(c). [FR Doc. E7-23817 Filed 12-6-07; 8:45 am] BILLING CODE 4000-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007-1059-200748a; FRL-8503-1] Approval and Promulgation of Implementation Plans Georgia: Enhanced Inspection and Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Department of Natural Resources (GA DNR), through the Georgia Environmental Protection Division (GA EPD), on September 26, 2007. The revisions include modifications to Georgia's Air Quality Rules found at Chapter 391-3-20-.21, pertaining to rules for Enhanced Inspection and Maintenance (I/M). Enhanced I/M was required for 1-hour nonattainment areas classified as serious and above, under the Clean Air Act

(CAA)as amended in 1990. The I/M program is a way to ensure that vehicles are maintained properly and verify that the emission control system is operating correctly, in order to reduce vehicle-related emissions. This action is being taken pursuant to section 110 of the CAA. DATES: This direct final rule is effective February 5, 2008 without further notice, unless EPA receives adverse comment by January 7, 2008. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number, “EPA-R04-OAR-2007-1059,” by one of the following methods: 1. *www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail: harder.stacy@epa.gov.* 3. *Fax:* 404-562-9019. 4. *Mail:* “EPA-R04-OAR-2007-1059,” Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 5. *Hand Delivery or Courier:* Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. *Instructions:* Direct your comments to Docket ID Number, “EPA-R04-OAR-2007-1059.” EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit through *www.regulations.gov* or e-mail, information that you consider to be CBI or otherwise protected. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is

(404)562-9042. Ms. Harder can also be reached via electronic mail at *harder.stacy@epa.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. EPA's Action II. Analysis of the State's Submittal III. Final Action IV. Statutory and Executive Order Reviews I. EPA's Action EPA is approving a SIP revision submitted by the GA DNR, through GA EPD on September 26, 2007, pertaining to rules for I/M. The revisions include changes to Georgia's Air Quality Rules, found at Chapters 391-3-20-.21, subparagraphs (3)(a) through (d). These revisions became State effective on September 26, 2007. II. Analysis of the State's Submittal Rule 391-3-20-.21 “Inspection Fees,” is being revised, effective October 1, 2007, to reduce the administrative fee paid by the station owner to the GA DNR from $6.95 to $4.02 per pre-purchased Certificate of Emission Inspection. The fee for fleet inspection stations where GA EPD has required the installation and operation of a video camera surveillance system, is being reduced from $7.95 to $5.02. The reductions are based, in part, on lower contractual expenses effective October 1, 2007. This change will have a positive impact on small business owners that conduct vehicle inspections, by reducing their costs. There is no change in cost to the general public, as the inspection fee will remain the same. Additionally, this change has no effect on the emissions reductions claimed in the SIP. III. Final Action EPA is taking direct final action to approve the aforementioned revisions, specifically, Chapters 391-3-20-.21 subparagraphs (3)(a) through

(d)into the Georgia SIP. These revisions were submitted by GA EPD on September 26, 2007. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this **Federal Register** publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective February 5, 2008 without further notice unless the Agency receives adverse comments by January 7, 2008. If EPA receives such comments, EPA will then publish a document withdrawing the direct final rule and informing the public that such rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on February 5, 2008 and no further action will be taken on the proposed rule. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by *February 5, 2008.* Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: November 28, 2007. J.I. Palmer, Jr., Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. Section 52.570(c) is amended by revising the entry for “391-3-20” to read as follows: § 52.570 Identification of plan.

(c)* * * EPA Approved Georgia Regulations State citation Title/subject State effective date EPA approval date Explanation * * * * * * * 391-3-20 Enhanced Inspection and Maintenance 09/26/2007 12/07/2007 [Insert citation of publication] * * * * * * * [FR Doc. E7-23710 Filed 12-6-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2007-0766; FRL-8343-1] RIN 2070-AJ28 Pesticide Tolerance Crop Grouping Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This final rule makes revisions to the pesticide tolerance crop grouping regulations. Crop grouping allows tolerances to be established for multiple related crops based on data from a representative set of crops. The revisions will create a new crop group for edible fungi (mushrooms), expand existing crop groups by adding new commodities, establish new crop subgroups, and revise the representative crops in some groups. Additionally, EPA is revising the general crop group regulation to explain how the Agency will implement revisions to crop groups. EPA expects these revisions to promote greater use of crop groupings for tolerance-setting purposes and, in particular, assist in retaining or making pesticides available for minor crop uses. This is the first in a series of planned crop group updates expected during the next several years. DATES: This final rule is effective on December 7, 2007. ADDRESSES: EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2007-0766. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Rame Cromwell, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 703-308-9068; fax number: 703-305-5884; e-mail address: *cromwell.rame@epa.gov.* SUPPLEMENTARY INFORMATION: I. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer or food manufacturer. Potentially affected entities may include, but are not limited to: • Crop Production (NAICS code 111). • Animal Production (NAICS code 112). • Food Manufacturing and Processing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . II. Overview of this Document A. What Action is the Agency Taking? This final rule, under the provisions of section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), amends EPA's regulations governing crop group tolerances for pesticides. Specifically, the rule:

(1)creates a new crop group for edible fungi (mushrooms);

(2)expands existing crop groups by adding new commodities;

(3)establishes new crop subgroups for two groups;

(4)changes the representative crops for two groups; and

(5)revises the general crop group regulation in 40 CFR 180.40 to explain how the Agency will implement revisions to crop groups. The crop grouping concept leads to an estimate of the maximum residue level

(MRL)that could occur on any crop within the group. The minimum data required for a group tolerance consists of residue data for all representative commodities for a group. This action is intended to promote more extensive use of crop group tolerances and, in particular, will assist in retaining or making pesticides available for minor crop uses. This final rule is the first in a series of planned crop group updates expected to be promulgated in the next several years. B. What is the Agency's Authority for this Action? EPA is authorized to establish tolerances for pesticide chemical residues in food under FFDCA section 408. EPA establishes tolerances for each pesticide based on the potential risks to human health posed by that pesticide. A tolerance is the maximum permissible residue level established for a pesticide in raw agricultural produce and processed foods. The crop group regulations currently in 40 CFR 180.40 and 180.41 enable the establishment of tolerances for a group of crops based on residue data for certain crops that are representative of the group. Crop group regulations are promulgated under section 408(e)(1)(C) which authorizes EPA to establish “general procedures and requirements to implement [section 408].” 21 U.S.C. 346 a(e)(1)(C). III. The Proposed Rule EPA published a notice of proposed rulemaking in the **Federal Register** of May 23, 2007 (77 FR 28920). Written comments were solicited and were received from four parties in response to the proposal. Comments were received from a pesticide manufacturer, an association representing pesticide manufacturers, New Zealand Food Safety Authority, and the Interregional Research Project No. 4 (IR-4). IV. The Final Rule In response to comments, EPA is modifying some aspects of the rule relating to commodities identification, but is adopting most provisions without change. For the reasons discussed in Unit V, EPA is making the following modifications in the final rule:

(1)Add the general statement “will include cultivars, varieties, and/or hybrids of these” to replace the extensive list of hybrids to the crop groups.

(2)Add Kiwi, fuzzy ( *Actinida chinensis* ) to Crop Group 13-07: Berry and Small Fruit Group. Otherwise, EPA is promulgating the rule as proposed. Additionally, EPA is making one technical correction to the crop group regulation. The crop group regulation currently titles crop subgroups by giving them a number corresponding to the crop group number and also a letter to distinguish between subgroups. The number and letter are separated by a hyphen. For example, within the crop group for root and tuber vegetables (Crop Group 1), the root vegetables subgroup is designated as “Crop Subgroup 1-A.” Recent amendments to existing tolerances specified the number and letter of a subgroup without including a hyphen. Thus subgroup 1-A has been listed in the amended tolerances as 1A. To avoid correcting the recent amendments to hundreds if not thousands of tolerances, EPA is changing the crop group regulation to delete the hyphen in the designation of the crop subgroups number and letter. Thus, for example, in § 180.41(c)(1)(iii), “subgroup 1-A” will become “subgroup 1A.” Subgroups for amended crop groups will also drop the hyphen before the letter distinguishing the subgroup. Thus the bulb onion subgroup will be encoded as “subgroup 3-07A” not “subgroup 3-07-A.” EPA finds that there is good cause to make this change to the crop group regulation without prior notice and comment because this is a formatting change having no substantive or procedural effect, and thus notice and comment is unnecessary. V. Response to Comments In this section EPA describes the comments received on the proposed rule, and EPA's response to those comments, including EPA's determination of necessary modification of the proposed rule for this final rule. A. General Procedures for Amending Pre-existing Crop Groups EPA is adopting provisions of the proposed rule without changes. The final rule specifies that, when a crop group is amended in a manner that expands or contracts its coverage of commodities, EPA will

(1)retain the pre-existing crop group in 40 CFR 180.41;

(2)insert the revised crop group immediately after the pre-existing group in the Code of Federal Regulations (CFR); and

(3)title the revised crop group in a way that clearly differentiates it from the pre-existing crop group. The revised crop group will retain roughly the same name and number as the pre-existing group except that the number will be followed by a hyphen and the final 2 digits of the year it is established. Over time, EPA expects that tolerances for pre-existing crop groups would be upgraded and would eventually be converted to tolerances for the more recent crop groups. (See Unit VI.) The adoption of a standardized format for titling amended crop groups is specifically designed to create a clear distinction between pre-existing and amended crop groups. These procedures are necessary because when EPA expands an existing crop group it is difficult to simultaneously amend the dozens of pesticide tolerances for that crop group already in force. One commenter objected to this new scheme claiming it may result in confusion for growers and difficulties in harmonizing U.S. tolerances with international maximum residue levels for pesticides. The commenter suggested that if the change in the crop group is significant, a distinctive new name should be given the new crop group, but if the change involves adding only minor crops and no alteration of the representative commodities then “no change in tolerance expression should be necessary when requesting label amendments adding the new minor crops.” EPA understands that modifying existing crop groups could lead to confusion. For this reason it is adopting transparent procedures for how such modification will be published in the CFR and the titling procedure that will be used. Along these lines, an outreach effort to inform registrants, agriculture professionals, trade partners and others will be undertaken in support of these changes. EPA agrees with the commenter that if a crop group is changed in significant ways, a new descriptive name is appropriate. EPA has done just that with the berries crop group, changing the name to the berry and small fruit group to reflect the significant crops added to the group. However, EPA disagrees with the assertion that no new crop group (and crop group name) is needed when only minor crops are added and the representative commodities remain the same. Unless EPA creates a new crop group when it expands the coverage of an existing group by adding new commodities, EPA will be expanding the scope of all then-current existing pesticide tolerances for that existing crop group. For example, the revisions to Crop Group 3 involve adding 19 additional commodities. If EPA did not establish a new crop group for this expanded set of commodities but instead just added these commodities to the existing crop group, the tolerance for the existing crop group already in the CFR would instantly expand to cover 19 additional commodities. This would be problematic because EPA would, in effect, be establishing new tolerances for the added commodities without following the statutory procedures for establishing a new tolerance or making the required safety findings. There is no provision in section 408 for waiving these procedural and substantive requirements for new tolerances. B. Crop Group 3-07: Bulb Vegetable Group EPA is adopting its proposal with one change, not to list specific hybrids. The final rule retains the pre-existing Crop Group 3 and titles the revised group as Crop Group 3-07. 1. *Add commodities* . The final rule revises Bulb Vegetable Group 3-07, expanding the existing seven commodities to 26 commodities. 2. *Change the names of representative commodities* . The final rule changes the name of the representative commodities for the new crop group by designating onion, bulb and onion, green as the representative commodities. 3. *Create crop subgroups* . The final rule retains the proposed addition of two subgroups to the revised crop group. i. *Bulb onion subgroup 3-07A* . Representative crop. Onion, bulb. Eleven commodities are included in this subgroup. ii. *Green onion subgroup 3-07B* . Representative crop. Onion, green. Fifteen commodities are included in this subgroup. 4. *Change of format* . The final rule converts the current narrative format of the existing group to tabular form. 5. *Change the name* . The final rule drops the descriptor “( *Allium* spp.)” from the name. A commenter recommended that specific hybrids in the Bulb Vegetable Crop Group should not be listed. The commenter claimed that listing some hybrids and/or cultivars can cause confusion and uncertainty for growers of hybrids that are not listed. EPA agrees with the commenter that extensive listings of hybrids are not necessary and could be confusing. Instead, the Agency is replacing the extensive lists of hybrids and cultivars with a general statement that will include cultivars, varieties, and/or hybrids of these commodities. C. Crop Group 13-07: Berry and Small Fruit Group EPA is adopting its proposal with an added commodity. The final rule revises and expands the berries crop group, but retains pre-existing Crop Group 13 and titles the revised group Crop Group 13-07. 1. *Add commodities* . Revised Crop Group 13-07 is expanded from the existing Crop Group 13 of 10 to 46 commodities. 2. *Change the crop group name* . The final rule changes the name of “Crop Group 13: Berries Group” to “Crop Group 13-07: Berry and Small Fruit Group.” 3. *Revise the existing subgroups* . The final rule revises 13-07 to have subgroups, 13-07A and 13-07B. Subgroup13-07A is similar to existing 13A except that wild raspberry has been added. Subgroup 13-07B will have 13 additional commodities for a total of 19 commodities. 4. *Create new subgroups* . The final rule revises new crop group 13-07 to add six new subgroups. i. *Large shrub berry subgroup 13-07C* . (Representative commodities. Elderberry or Mulberry). 13 commodities are included in this subgroup. ii. *Small fruit vine climbing 13-07D* . (Representative commodities. Grape and Fuzzy kiwifruit). Seven commodities are included in this subgroup. iii. *Small fruit vine climbing subgroup, except grape 13-07E* . (Representative commodity. Fuzzy kiwifruit). Six commodities are included in this subgroup. iv. *Small fruit vine climbing subgroup except fuzzy kiwifruit, Grape 13-07F* . (Representative commodity. Grape). Six commodities are included in this subgroup. v. *Low growing berry subgroup 13-07G* . (Representative commodity. Strawberry). Nine commodities are included in this subgroup. vi. *Low growing berry subgroup, except strawberry 13-07H* . (Representative commodity. Cranberry). Eight commodities are included in this subgroup. Several comments were received regarding the addition of kiwifruit to this crop group. One commenter requested that both “Kiwifruit, hardy” and “Kiwifruit, fuzzy” be removed from the crop group and a new group be created for inedible skinned tropical fruit. Another commenter asked that only “Kiwifruit, fuzzy” be deleted from the group. This commenter argued that fuzzy kiwifruit are different in size and in plant growth habits from other fruits in the group as well as being the only fruit in the group with inedible skin. The commenter further noted that any future inclusion of fuzzy kiwifruit in a crop group should recognize that there are currently two cultivars presently being grown commercially ( *Acinidia deliciosa* and *Actinidia chinensis* ). Finally, this commenter requested that hardy kiwifruit be renamed to clearly differentiate this commodity from the other more traditional kiwifruit (possibly by calling it “Argot fruit”) and using the more generic name “Kiwifruit” (defined as *Actinidia deliciosa* or *Actinidia chinensis* ) instead of the proposed name “Kiwifruit, fuzzy” (currently defined as only *Actinidia deliciosa* ). EPA believes that it is appropriate to keep both hardy and fuzzy kiwifruit as members of the berry and small fruit crop group. Kiwifruit is considered a trellis crop similar to grape culture, and its peel, while traditionally deemed inedible, is becoming increasingly popular to eat. Nonetheless, EPA will also consider adding the fuzzy kiwifruit to a tropical fruit crop group under development. Additionally, EPA agrees with the recommendation to amend the definition of fuzzy kiwifruit to include both its green ( *Acinidia deliciosa* ) and yellow ( *Actinidia chinensis* ) varieties. Both varieties are currently grown in the U.S., and although the yellow fleshed varieties have less surface hair on the fruit than the green varieties, both varieties are approximately the same size and are grown under the same conditions. Finally, EPA will retain the name “Kiwifruit, hardy” because it is a common commodity name in North America for the small, grape-like varieties of kiwifruit. It includes the Arguta species and the scientific name is *Actinidia arguta* . One comment was received concerning adding Low growing berry subgroups to the berry and small fruit group. The commenter asserted that these subgroups contain diverse berries which vary significantly in harvest practices (e.g. strawberry vs. blueberry) as well as growth habit (e.g., blueberry vs. cranberry). The commenter stated that, although the approach of creating inclusive new crop groups is desirable, in these instances it may be unlikely that pest control solutions are likely to have similar directions for use (number of applications, pre-harvest interval, use rate, etc.), thus making the probability of having the same tolerance quite low. The commenter speculated that the likelihood of use of these subgroups may be low. EPA disagrees that the commodities in these subgroups are too diverse. This subgroup was formed based on the commodities being either short shrubs or herbaceous perennials less than two feet in height. Most of these berries are from botanical families of *Ericaceae* and *Rosaceae* and have similar sized fruits (1/2 to 1/3 inches in length), except the strawberry, which is larger in size. Strawberry is selected as representative commodity for this subgroup (13-07G) of nine commodities based on its potential for higher residues related to the presence of seeds on its edible skin, higher per capita consumption, cultural practices, and larger commercial production and geographical locations. The blueberries in these subgroups are the lowbush types that are low growing (less than two feet) and similar to others in size in the subgroups. The highbush blueberry is in a separate crop subgroup (13-07B). The Agency is already receiving requests to utilize these subgroups for tolerance setting. D. New Crop Group 21: Edible Fungi Group EPA received no comments on the addition of this new group and adopts its proposed rule without change. E. Technical Corrections No comments were submitted on the proposed technical corrections section, and EPA adopts its proposed rule without change. F. Other Comments A commenter suggested significant changes to the preamble regarding the background of the rule. These comments did not pertain to the substance of the rule. EPA will consider these comments in the development of preambles for future proposed rules on crop groups. The Agency received a comment asking how the proposed changes will affect established product labels, including use directions for crops that are moved into new crop grouping arrangements. There will be no EPA required changes to existing product labels. For product labels, crops are not automatically listed with the new crop group members. In addition, with respect to pre-existing tolerances, the existing crop groups will remain in place until a petition request is made to revise them or a chemical goes through the registration review process. At that time, and at the discretion of the registrant, labels would also have to be amended to reflect the changes to add the new crop group. Another commenter asked how the proposed changes would affect residue programs of registrants and IR-4 that are now in progress and may have been initiated under soon-to-be-superseded crop groupings. The commenter asked whether such field residue programs can be completed under the existing crop groupings, and if adapting the programs to the new crop groups would delay submission of tolerance petitions. The changes in the final rule will not impact on-going residue programs nor should it delay submissions of tolerance petitions. The changes being made do not require different field trial data for the representative commodities. In the case of Crop Group 3-07: Bulb Vegetable Group, the two representative commodities are still bulb onion and green onion. The rule will add subgroups and include additional crops. The field residue data requirements remain the same. Therefore, the only changes required for submission of the tolerance petitions will be administrative in that a new petition should reflect the new crop groups or subgroups. As stated in the proposed rule, once this rule is final, EPA will not establish new tolerances under the pre-existing groups. The Agency received a comment on whether an administrative process could replace tolerance petitions to speed up and smooth the revision of existing tolerances affected by changes in crop groupings, especially since most of the additions of orphan/minor crops will not impact dietary risk assessment. The commenter suggested that there is a potential for unfair marketing advantage for new active ingredients versus currently registered active ingredients, if a tolerance petition is always required. It was proposed that IR-4 might play a facilitating role in administrative updates for all active ingredients affected by a particular crop grouping change. In response, EPA would note that section 408 sets forth specific rule-making procedures for establishing and modifying tolerances. The process for taking advantage of the new group of edible fungi or expanded and updated groups of bulb vegetables and berries involves making a tolerance petition to EPA. The administrative and governing statutory requirements are analogous, whether the petition involves a single crop or one of the new or updated crop groups. EPA received a comment that the conversion of existing crop group tolerances to the new crop group definitions could require petition action by a registrant and amendments to labels under the plan proposed by EPA (see Unit III. A. of the preamble of the proposed rule). The commenter stated that when a tolerance petition for one crop or group includes a request to amend a different tolerance solely to conform to a new crop group definition, the registration service fee under FIFRA section 33 should not be imposed or increased for that amendment action if it does not involve review of any data, or for subsequent conforming label amendments. The fees for making label changes listed under PRIA are clearly defined. However, for this sort of change the registrant may request a discretionary refund for data that have already been reviewed. EPA will evaluate these requests as they are submitted, but it will not, at this time, make an across-the-board determination on PRIA fees. Further, registrants may choose not to make these changes when submitting a petition request for other crops. Because of the demonstrated advantages of the updated or new crop groups, EPA will eventually propose to convert existing crop groups on its own through mechanisms such as the registration review process. Finally, EPA received a comment asking which crops from groups covered by crop group tolerances should be listed on the label in order to cover use of the pesticide on the entire group of all crops, selected crops, and representative crops only. EPA agrees that there are some coordination issues relative to labeling and tolerance expression and will address this question in other ways and through outreach activities. VI. Implementation After the effective date, when a crop group is amended in a manner that expands or contracts its coverage of commodities, EPA will

(1)retain the pre-existing crop group in § 180.41;

(2)insert the revised crop group immediately after the pre-existing crop group in the CFR;

(OMB)has designated this final rule as a not-significant regulatory action under section 3(f) of the Executive Order. EPA prepared an analysis of the potential costs and benefits associated with this action. This analysis is contained in “Economic Analysis Final Expansion of Crop Grouping Program.” A copy of the analysis is available in the docket and is briefly summarized here. This is a burden-reducing regulation. Crop grouping has saved money by permitting the results of pesticide exposure studies for one crop to be applied to other, similar crops. The regulation exploits this opportunity for saving money by expanding certain crop groups and creating a new crop group for edible fungi. The primary beneficiaries of the regulation are minor crop producers and consumers. Specialty crop producers will benefit because lower regulatory costs will encourage more products to be registered on minor crops, providing additional tools for pest control. Consumers will benefit by having a larger supply of imported and domestically produced specialty produce at potentially lower costs. Secondary beneficiaries are pesticide registrants, who benefit because expanded markets for pesticide products will lead to increased sales. The IR-4 Project and EPA, which are publicly funded Federal government entities, will also more efficiently use resources as a result of the rule. EPA will also benefit from broader operational efficiency gains, which result from fewer emergency pesticide use requests from specialty crop growers, the ability to conduct risk assessments based on crop grouping, greater ease of establishing import tolerances, greater capacity to assess risks of pesticides used on crops not grown in the US, further harmonization of crop classification and nomenclature, harmonized commodity import and export standards, and increased potential for resource sharing between EPA and other pesticide regulatory agencies. Revisions to the crop grouping program will result in no appreciable costs or negative impacts to consumers, specialty crop producers, pesticide registrants, the environment or human health. No comments were received on the costs or burdens described in the Economic Analysis for the proposed rule. B. Paperwork Reduction Act This rule does not contain any new information collection requirements that would need approval by OMB under the provisions of the Paper Reduction Act (PRA), 44 U.S.C. 3501 *et seq.* However, the rule is expected to reduce mandatory paperwork due to a reduction in required studies. The rule will have the effect of reducing the number of residue chemistry studies because fewer representative crops would need to be tested under a crop grouping scheme, than would otherwise be required. C. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 *et seq.* , the Agency hereby certifies that this rule will not have a significant adverse economic impact on a substantial number of small entities. This rule does not have any direct adverse impacts on small businesses, small non-profit organizations, or small local governments. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as:

(1)a small business according to the small business size standards established by the Small Business Administration (SBA);

(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and

(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives ‘‘which minimize any significant economic impact of the final rule on small entities'' (5 U.S.C. sections 603 and 604). Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has positive economic effects on all of the small entities subject to the rule. This rule provides regulatory relief and regulatory flexibility because the new or expanded crop groups ease the process for pesticide manufacturers to obtain pesticide tolerances on greater numbers of crops and make it likely that pesticides will be more widely available to growers for use on crops, particularly specialty crops. D. Unfunded Mandates Reform Act Under Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(Public Law 104-4), EPA has determined that this action does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. Accordingly, this rule is not subject to the requirements of sections 202, 203, 204, and 205 of UMRA. E. Executive Order 13132 Pursuant to Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999), EPA has determined that this rule does not have federalism implications, because it will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in the Order. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175 As required by Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000), EPA has determined that this rule does not have tribal implications because it will not have any affect on tribal governments, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in the Order. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045 Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997) does not apply to this rule because this action is not designated as an economically significant regulatory action as defined by Executive Order 12866 (see Unit IV.A.), nor does it establish an environmental standard, or otherwise have a disproportionate effect on children. H. Executive Order 13211 This rule is not subject to Executive Order 13211, entitled *Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) because it is not designated as an regulatory action as defined by Executive Order 12866 (see Unit IV.A.), nor is it likely to have any adverse effect on the supply, distribution, or use of energy. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, and sampling procedures) that are developed or adopted by voluntary consensus standards bodies. This rule does not impose any technical standards that would require EPA to consider any voluntary consensus standards. J. Executive Order 12898 Under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994), the Agency has not considered environmental justice-related issues because this rule does not have an adverse impact on the environmental and health conditions in low-income and minority communities. The Agency hereby certifies that this rule will not have significant negative economic impact on a substantial number of small entities. VIII. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq.* , generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report to each House of the Congress and the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedures, pesticides and pests. Dated: November 29, 2007. James B. Gulliford, Assistant Administrator for Prevention, Pesticides, and Toxic Substances. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a, and 371 2. Section 180.1 is amended by removing from the table in paragraph

(g)the entries for “Caneberries”, “Onions”, “Onions (dry bulb only)”, and “Onions, green” and by adding alphabetically new entries for “Caneberry”, “Onion”, “Onion, bulb”, and “Onion, green”, “Garlic” and “Raspberry” to read as follows: § 180.1 Definitions and interpretations.

(g)* * * A B * * * * * * * Caneberry *Rubus* spp. (including blackberry; *Rubus caesius* (youngberry); *Rubus loganbaccus* (loganberry); *Rubus idaeus* (red and black raspberry); cultivars, varieties, and/or hybrids of these. * * * * * * * Garlic Garlic, great headed; garlic, and serpent garlic. * * * * * * * Onion Bulb onion; green onion; and garlic. Onion, bulb Bulb onion; garlic; great headed garlic; serpent garlic; Chinese onion; pearl onion; potato onion; and shallot, bulb. Onion, green Green onion; lady's leek; leek; wild leek; Beltsville bunching onion; fresh onion; tree onion, tops; Welsh onion; and shallot, fresh leaves. * * * * * * * Raspberry *Rubus* spp. (including bababerry; black raspberry; blackcap; caneberry; framboise; frambueso; himbeere; keriberry; mayberry; red raspberry; thimbleberry; tulameen; yellow raspberry; and cultivars, varieties, and/or hybrids of these). * * * * * * * 3. Section 180.40 is amended by redesignating paragraph

(j)as paragraph

(k)and adding new paragraph

(j)to read as follows: § 180.40 Tolerances for crop groups.

(j)When EPA amends a crop group in a manner that expands or contracts the commodities that are covered by the group, EPA will initially retain the pre-existing as well as the revised crop group in the CFR. The revised crop group will have the same number as the pre-existing crop group; however, the revised crop group number will be followed by a hyphen and the final two digits of the year in which it was established (e.g., if Crop Group 1 is amended in 2007, the revised group will be designated as Crop Group 1-07). If the pre-existing crop group had crop subgroups, these subgroups will be numbered in a similar fashion in the revised crop group. The name of the revised crop group will not be changed from the pre-existing crop group unless the revision so changes the composition of the crop group that the pre-existing name is no longer accurate. Once a revised crop group is established, EPA will no longer establish tolerances under the pre-existing crop group. At appropriate times, EPA will amend tolerances for crop groups that have been superseded by revised crop groups to conform the pre-existing crop group to the revised crop group. Once all of the tolerances for the pre-existing crop group have been updated, the pre-existing crop group will be removed from the CFR. § 180.41 [Amended] 4. Section 180.41 is amended by removing the hyphens in the crop subgroup numbers listed in the tables in paragraphs (c)(1)(ii), (c)(1)(iii), (c)(4)(ii), (c)(4)(iii), (c)(5)(ii), (c)(5)(iii), (c)(6)(ii), (c)(6)(iii), (c)(7)(iii), (c)(9)(ii), (c)(9)(iii), (c)(13)(ii), (c)(13)(iii), (c)(19)(ii), and (c)(19)(iii). 5. Section 180.41 is further amended by removing the commodities: cranberry, grape, kiwifruit, mushroom, and strawberry from paragraph (b); by revising paragraph (c)(3), by redesignating paragraphs (c)(4) through (c)(19) as paragraphs (c)(5) through (c)(20), respectively, and by adding a new paragraph (c)(4) to read as follows: § 180.41 Crop group tables.

(c)* * *

(3)*Crop Group 3* . Bulb Vegetables ( *Allium* spp.) Group.

(i)*Representative commodities* . Onion, green; and onion, dry bulb.

(ii)*Commodities* . The following is a list of all the commodities in Crop Group 3. **Crop Group 3:** Bulb Vegetable ( *Allium* spp.) Group—Commodities Garlic, bulb ( *Allium sativum* ) Garlic, great headed, (elephant) ( *Allium ampeloprasum* var. *ampeloprasum* ) Leek ( *Allium ampeloprasum* , *A. porrum, A. tricoccum* ) Onion, dry bulb and green ( *Allium cepa, A. fistulosum* ) Onion, Welsh, ( *Allium fistulosum* ) Shallot ( *Allium cepa* var. *cepa* )

(4)*Crop Group 3-07* . Bulb Vegetable Group.

(i)*Representative Commodities* . Onion, bulb and onion, green.

(ii)*Table* . The following Table 1 lists all the commodities listed in Crop Group 3-07 and identifies the related crop subgroups. **TABLE 1.—Crop Group 3-07: Bulb Vegetable Group** Commodities Related crop subgroups Chive, fresh leaves ( *Allium schoenoprasum L* .) 3-07B Chive, Chinese, fresh leaves ( *Allium tuberosum* Rottler ex Spreng) 3-07B Daylily, bulb ( *Hemerocallis fulva* (L.) L. var. *fulva* ) 3-07A Elegans hosta ( *Hosta Sieboldiana (Hook.) Engl* ) 3-07B Fritillaria, bulb ( *Fritillaria L. fritillary* ) 3-07A Fritillaria, leaves ( *Fritillaria L. fritillary* ) 3-07B Garlic, bulb ( *Allium sativum* L. var. *sativum* ) ( *A. sativum* Common Garlic Group) 3-07A Garlic, great headed, bulb ( *Allium ampeloprasum* L. var. *ampeloprasum* ) ( *A. ampeloprasum* Great Headed Garlic Group) 3-07A Garlic, Serpent, bulb ( *Allium sativum* var. *ophioscorodon* or *A. sativum* Ophioscorodon Group) 3-07A Kurrat ( *Allium kurrat Schweinf. Ex. K. Krause* or *A. ampeloprasum* Kurrat Group) 3-07B Lady's leek ( *Allium cernuum* Roth) 3-07B Leek *Allium porrum* L. (syn: *A. ampeloprasum L* . var. *porrum* (L.) J. Gay) ( *A.ampeloprasum* Leek Group) 3-07B Leek, wild ( *Allium tricoccum* Aiton) 3-07B Lily, bulb ( *Lilium* spp. ( *Lilium Leichtlinii* var. *maximowiczii, Lilium lancifolium* )) 3-07A Onion, Beltsville bunching ( *Allium* x *proliferum* (Moench) Schrad.) (syn: *Allium fistulosum* L. x *A. cepa* L.) 3-07B Onion, bulb ( *Allium cepa* L. var. *cepa* ) ( *A. cepa* Common Onion Group) 3-07A Onion, Chinese, bulb ( *Allium chinense* G. Don.) (syn: *A. bakeri* Regel) 3-07A Onion, fresh ( *Allium fistulosum* L. var. *caespitosum* Makino) 3-07B Onion, green ( *Allium cepa* L. var. *cepa* ) ( *A. cepa* Common Onion Group) 3-07B Onion, macrostem ( *Allium macrostemom* Bunge) 3-07B Onion, pearl ( *Allium porrum* var. *sectivum* or *A. ampeloprasum* Pearl Onion Group) 3-07A Onion, potato, bulb ( *Allium cepa* L. var. *aggregatum* G. Don.) ( *A. cepa* Aggregatum Group) 3-07A Onion, tree, tops ( *Allium x proliferum* (Moench) Schrad. ex Willd.) (syn: *A. cepa* var. *proliferum* (Moench) Regel; *A. cepa* L. var. *bulbiferum* L.H. Bailey; *A. cepa* L. var. *viviparum* (Metz.) Alef.) 3-07B Onion, Welsh, tops ( *Allium fistulosum* L.) 3-07B Shallot, bulb ( *Allium cepa* var. *aggregatum* G. Don.) 3-07A Shallot, fresh leaves ( *Allium cepa* var. *aggregatum* G. Don.) 3-07B Cultivars, varieties, and/or hybrids of these.

(iii)*Table* . The following Table 2 identifies the crop subgroups for Crop Group 3-07, specifies the representative commodities for each subgroup and lists all the commodities included in each subgroup. **TABLE 2.—Crop Group 3-07: Subgroup Listing** Representative commodities Commodities Crop subgroup 3-07A . Onion, bulb, subgroup. Onion, bulb. Daylily, bulb; fritillaria, bulb; garlic, bulb; garlic, great-headed, bulb; garlic, serpent, bulb; lily, bulb; onion, bulb; onion, Chinese, bulb; onion, pearl; onion, potato, bulb; shallot, bulb; cultivars, varieties, and/or hybrids of these. Crop subgroup 3-07B . Onion, green, subgroup. Onion, green. Chive, fresh leaves; chive, Chinese, fresh leaves; elegans hosta; fritillaria, leaves; kurrat; lady's leek; leek; leek, wild; Onion, Beltsville bunching; onion, fresh; onion, green; onion, macrostem; onion, tree, tops; onion, Welsh, tops; shallot, fresh leaves; cultivars, varieties, and/or hybrids of these. 6. Section 180.41 is further amended by redesignating newly designated paragraphs (c)(15) through (c)(20) as paragraphs (c)(16) through (c)(21), respectively, and by adding a new paragraph (c)(15) and paragraph (c)(22) to read as follows: § 180.41 Crop group tables.

(c)* * *

(15)*Crop Group 13-07* . Berry and Small Fruit Crop Group

(i)*Representative commodities* . Any one blackberry or any one raspberry; highbush blueberry; elderberry or mulberry; grape; fuzzy kiwifruit, and strawberry.

(ii)*Table* . The following Table 1 lists all the commodities listed in Crop Group 13-07 and identifies the related crop subgroups. **TABLE 1.—Crop Group 13-07: Berry and Small Fruit Crop Group** Commodities Related crop subgroups Amur river grape ( *Vitis amurensis Rupr* ) 13-07D, 13-07E, 13-07F Aronia berry ( *Aronia* spp.) 13-07B Bayberry ( *Myrica* spp.) 13-07C Bearberry ( *Arctostaphylos uva-ursi* ) 13-07G, 13-07H Bilberry ( *Vaccinium myrtillus L.)* 13-07G, 13-07H Blackberry ( *Rubus* spp.) (including Andean blackberry, arctic blackberry, bingleberry, black satin berry, boysenberry, brombeere, California blackberry, Chesterberry, Cherokee blackberry, Cheyenne blackberry, common blackberry, coryberry, darrowberry, dewberry, Dirksen thornless berry, evergreen blackberry, Himalayaberry, hullberry, lavacaberry, loganberry, lowberry, Lucretiaberry, mammoth blackberry, marionberry, mora, mures deronce, nectarberry, Northern dewberry, olallieberry, Oregon evergreen berry, phenomenalberry, rangeberry, ravenberry, rossberry, Shawnee blackberry, Southern dewberry, tayberry, youngberry, zarzamora, and cultivars, varieties and/or hybrids of these. 13-07A Blueberry, highbush ( *Vaccinium* spp.) 13-07B Blueberry, lowbush ( *Vaccinium angustifolium* Aiton) 13-07B Buffalo currant ( *Ribes aureum* Pursh) 13-07B Buffaloberry ( *Shepherdia argentea* (Pursh) Nutt.) 13-07C Che ( *Cudrania tricuspidata* Bur. Ex Lavallee) 13-07C Chilean guava ( *Myrtus ugni* Mol.) 13-07B Chokecherry ( *Prunus virginiana* L.) 13-07C Cloudberry ( *Rubus chamaemorus* L.) 13-07G, 13-07H Cranberry ( *Vaccinium macrocarpon* Aiton) 13-07G, 13-07H Currant, black ( *Ribes nigrum* L.) 13-07B Currant, red ( *Ribes rubrum* L.) 13-07B Elderberry ( *Sambucus* spp.) 13-07B, 13-07C European barberry ( *Berberis vulgaris* L.) 13-07B Gooseberry ( *Ribes* spp.) 13-07B, 13-07D Grape (Vitis spp.) 13-07D, 13-07F Highbush cranberry ( *Viburnum opulus* L. var. *Americanum* Aiton) 13-07B Honeysuckle, edible ( *Lonicera caerula L* . var. *emphyllocalyx* Nakai, *Lonicera caerula L* var *. edulis Turcz. ex herder* ) 13-07B Huckleberry ( *Gaylussacia* spp.) 13-07B Jostaberry ( *Ribes x nidigrolaria* Rud. Bauer and A. Bauer) 13-07B Juneberry (Saskatoon berry) ( *Amelanchier* spp.) 13-07B, 13-07C Kiwifruit, fuzzy ( *Actinidia deliciosa* A. Chev.) (C.F. Liang and A.R. Fergusons, *Actinida chinensis* Planch.) 13-07D, 13-07E Kiwifruit, hardy ( *Actinidia arguta* (Siebold and Zucc.) Planch. ex Miq) 13-07D, 13-07E, 13-07F Lingonberry ( *Vaccinium vitis-idaea* L.) 13-07B, 13-07G 13-07H Maypop ( *Passiflora incarnata* L.) 13-07E, 13-07F Mountain pepper berries ( *Tasmannia lanceolata* )(Poir.) A.C.Sm. 13-07C Mulberry ( *Morus* spp.) 13-07C Muntries ( *Kunzea pomifera* F. Muell.) 13-07G, 13-07H Native currant ( *Acrotriche depressa* R. BR.) 13-07B Partridgeberry ( *Mitchella repens* L.) 13-07G, 13-07H Phalsa ( *Grewia subinaequalis* DC.) 13-07C Pincherry ( *Prunus pensylvanica* L.f.) 13-07C Raspberry, black and red ( *Rubus* spp.) 13-07A Riberry ( *Syzygium luehmannii* ) 13-07C Salal ( *Gaultheria shallon* Pursh.) 13-07B, 13-07C Schisandra berry (Schisandra chinensis (Turcz.) Baill.) 13-07D, 13-07E, 13-07F Sea buckthorn ( *Hippophae rhamnoides* L.) 13-07B Serviceberry ( *Sorbus* spp.) 13-07C Strawberry ( *Fragaria x ananassa* Duchesne) 13-07G Wild raspberry ( *Rubus muelleri* Lefevre ex P.J. Mull) 13-07A Cultivars, varieties, and/or hybrids of these.

(iii)*Table* . The following Table 2 identifies the crop subgroups for Crop Group 13-07, specifies the representative commodities for each subgroup and lists all the commodities included in each subgroup. **TABLE 2.—Crop Group 13-07: Subgroup Listing** Representative commodities Commodities Crop Subgroup 13-07A. Caneberry subgroup Any one blackberry or any one raspberry. Blackberry; loganberry; raspberry, red and black; wild raspberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07B. Bushberry subgroup. Blueberry, highbush. Aronia berry; blueberry, highbush; blueberry, lowbush; buffalo currant; Chilean guava; currant, black; currant, red; elderberry; European, barberry; gooseberry; cranberry, highbush; honeysuckle, edible; huckleberry; jostaberry; Juneberry; lingonberry; native currant; salal; sea buckthorn; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07C. Large shrub/tree berry subgroup. Elderberry or mulberry. Bayberry; buffaloberry; che; chokecherry; elderberry; Juneberry; mountain pepper berries; mulberry; phalsa; pincherry; riberry; salal; serviceberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07D. Small fruit vine climbing subgroup. Grape and fuzzy kiwifruit. Amur river grape; gooseberry; grape; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and /or hybrids of these. Crop Subgroup 13-07E. Small fruit vine climbing subgroup, except grape. Fuzzy kiwifruit. Amur river grape; gooseberry; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07F. Small fruit vine climbing subgroup except fuzzy kiwifruit. Grape. Amur river grape; gooseberry; grape; kiwifruit, hardy; Maypop; schisandra berry; cultivars varieties, and/or hybrids of these. Crop Subgroup 13-07G. Low growing berry subgroup. Strawberry. Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; strawberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07H. Low growing berry subgroup, except strawberry. Cranberry Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; cultivars, varieties, and/or cultivars of these.

(22)*Crop Group 21* . Edible fungi Group.

(i)*Representative commodities* . White button mushroom and any one oyster mushroom or any Shiitake mushroom.

(ii)*Table* . The following is a list of all the commodities in Crop Group 21. There are no related subgroups. **Crop Group 21: Edible Fungi Group—Commodities** Blewitt, Lepista nuda ( *Tricholomataceae* ) Bunashimeji, Hypsizygus marrmoreus ( *Agaricaceae* ) Chinese mushroom, Volvariella volvacea (Bull.) Singer ( *Pluteaceae* ) Enoki, Flammulina velutipes (Curt.) Singer ( *Tricholomataceae* ) Hime-Matsutake, Agaricus blazei Murill ( *Agaricaeae* ) Hirmeola, Auricularia *auricular* ( *Auricularicaceae* ) Maitake, Grifola frondosa ( *Polyporaceae* ) Morel, Morchella spp. ( *Morchellaceae* ) Nameko, Pholiota nameko, ( *Strophariaceae* ) Net Bearing Dictyophora, Dictyophora indusiata ( *Phallaceae* ) Oyster mushroom, Pleurotus spp. ( *Tricholomataceae* ) Pom Pom, Hericium erinaceus ( *Hydnaceae* ) Reishi mushroom, Ganoderma lucidum (Leyss. Fr.) Karst. ( *Ganodermataceae* ) Rodman's agaricus, Agaricus bitorquis (Quel.) Saccardo ( *Agaricaceae* ) Shiitake mushroom, Lentinula edodes (Berk.) Pegl. ( *Polyporaceae* ) Shimeji, Tricholoma conglobatum, ( *Tricholomataceae* ) Stropharia, Stropharia spp. ( *Strophariaceae* ) Truffle, Tuber spp. ( *Tuberaceae* ) White button mushroom, Agaricus bisporous (Lange) Imbach ( *Agaricaceae* ) White Jelly Fungi, Tremella fuciformis ( *Tremellaceae* ) [FR Doc. E7-23659 Filed 12-6-07; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 216 Defense Federal Acquisition Regulation Supplement; Technical Amendment AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD is making a technical amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to update a cross-reference within the DFARS text. DATES: *Effective Date:* December 7, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-0311; facsimile 703-602-7887. SUPPLEMENTARY INFORMATION: This final rule amends DFARS 216.603-4 to update a cross-reference. List of Subjects in 48 CFR Part 216 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 216 is amended as follows: PART 216—TYPES OF CONTRACTS 1. The authority citation for 48 CFR part 216 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 216.603-4 [Amended] 2. Section 216.603-4 is amended in paragraph (b)(3) by removing “217.7406” and adding in its place “217.7405”. [FR Doc. E7-23658 Filed 12-6-07; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 227 and 252 RIN 0750-AD72 Defense Federal Acquisition Regulation Supplement; Patent Rights-Ownership by the Contractor (DFARS Case 2001-D015) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add a clause pertaining to patent rights under contracts awarded to large business concerns for experimental, developmental, or research work. The clause is substantially the same as a Federal Acquisition Regulation

(FAR)clause that has been removed because DoD was the only agency using the clause. DATES: *Effective Date:* December 7, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 703-602-7887. Please cite DFARS Case 2001-D015. SUPPLEMENTARY INFORMATION: A. Background This final rule adds a clause at DFARS 252.227-7038, Patent Rights-Ownership by the Contractor (Large Business). The DFARS clause is similar to the clause previously found at FAR 52.227-12, Patent Rights-Retention by the Contractor (Long Form). The FAR clause was removed by the final rule published at 72 FR 63045 on November 7, 2007, because DoD was the only agency using the clause. The new DFARS clause also contains changes for consistency with current statutory provisions and with other changes made to the FAR in the final rule published on November 7, 2007. The clause is prescribed for use in contracts awarded to large business concerns for experimental, developmental, or research work. DoD published a proposed rule at 69 FR 58377 on September 30, 2004. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed rule as a final rule, with a minor change resulting from the final FAR rule published on November 7, 2007, removal of the clause at DFARS 252.227-7034, Patents-Subcontracts. The clause at DFARS 252.227-7034 was used in contracts containing the clause at FAR 52.227-11, Patent Rights-Retention by the Contractor (Short Form), to require inclusion of the clause at FAR 52.227-12, Patent Rights-Retention by the Contractor (Long Form), in subcontracts for experimental, developmental, or research work to be performed by other than a small business firm or nonprofit organization. Since the clause at FAR 52.227-12 has been removed, and paragraph

(k)of the clause at FAR 52.227-11, as revised at 72 FR 63045 on November 7, 2007, adequately addresses subcontract requirements, the clause at DFARS 252.227-7034 is no longer necessary and is removed. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the new DFARS clause applies only to contracts with large business concerns and is substantially the same as a FAR clause that is already being used in DoD contracts. C. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. The information collection requirements in this rule are presently approved under Office of Management and Budget Control Number 9000-0095, applicable to FAR Subpart 27.3. These hours will be transferred to OMB Control Number 0704-0369, applicable to DFARS Part 227. List of Subjects in 48 CFR Parts 227 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 227 and 252 are amended as follows: 1. The authority citation for 48 CFR parts 227 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 227—PATENTS, DATA, AND COPYRIGHTS 2. Section 227.303 is revised to read as follows: 227.303 Contract clauses.

(1)Use the clause at 252.227-7039, Patents—Reporting of Subject Inventions, in solicitations and contracts containing the clause at FAR 52.227-11, Patent Rights—Ownership by the Contractor. (2)(i) Use the clause at 252.227-7038, Patent Rights—Ownership by the Contractor (Large Business), instead of the clause at FAR 52.227-11, in solicitations and contracts for experimental, developmental, or research work if—

(A)The contractor is other than a small business concern or nonprofit organization; and

(B)No alternative patent rights clause is used in accordance with FAR 27.303(c) or (e).

(ii)Use the clause with its Alternate I if—

(A)The acquisition of patent rights for the benefit of a foreign government is required under a treaty or executive agreement;

(B)The agency head determines at the time of award that it would be in the national interest to acquire the right to sublicense foreign governments or international organizations pursuant to any existing or future treaty or agreement; or

(C)Other rights are necessary to effect a treaty or agreement, in which case Alternate I may be appropriately modified.

(iii)Use the clause with its Alternate II in long-term contracts if necessary to effect treaty or agreements to be entered into. 227.304-4 [Removed] 3. Section 227.304-4 is removed. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.227-7034 [Removed] 4. Section 252.227-7034 is removed and reserved. 5. Section 252.227-7038 is added to read as follows: 252.227-7038 Patent Rights—Ownership by the Contractor (Large Business). As prescribed in 227.303(2), use the following clause: Patent Rights—Ownership by the Contractor (Large Business) (Dec 2007)

(a)*Definitions* . As used in this clause— *Invention* means—

(1)Any invention or discovery that is or may be patentable or otherwise protectable under Title 35 of the United States Code; or

(2)Any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, *et seq.* ). *Made* —

(1)When used in relation to any invention other than a plant variety, means the conception or first actual reduction to practice of the invention; or

(2)When used in relation to a plant variety, means that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics. *Nonprofit organization* means—

(1)A university or other institution of higher education;

(2)An organization of the type described in the Internal Revenue Code at 26 U.S.C. 501(c)(3) and exempt from taxation under 26 U.S.C. 501(a); or

(3)Any nonprofit scientific or educational organization qualified under a State nonprofit organization statute. *Practical application* means— (1)(i) To manufacture, in the case of a composition or product;

(ii)To practice, in the case of a process or method; or

(iii)To operate, in the case of a machine or system; and

(2)In each case, under such conditions as to establish that—

(i)The invention is being utilized; and

(ii)The benefits of the invention are, to the extent permitted by law or Government regulations, available to the public on reasonable terms. *Subject invention* means any invention of the Contractor made in the performance of work under this contract.

(b)*Contractor's rights* —(1) *Ownership.* The Contractor may elect to retain ownership of each subject invention throughout the world in accordance with the provisions of this clause.

(2)*License.*

(i)The Contractor shall retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, unless the Contractor fails to disclose the invention within the times specified in paragraph

(c)of this clause. The Contractor's license-

(A)Extends to any domestic subsidiaries and affiliates within the corporate structure of which the Contractor is a part;

(B)Includes the right to grant sublicenses to the extent the Contractor was legally obligated to do so at the time of contract award; and

(C)Is transferable only with the approval of the agency, except when transferred to the successor of that part of the Contractor's business to which the invention pertains.

(ii)The agency—

(A)May revoke or modify the Contractor's domestic license to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with 37 CFR Part 404 and agency licensing regulations;

(B)Will not revoke the license in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public; and

(C)May revoke or modify the license in any foreign country to the extent the Contractor, its licensees, or the domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.

(iii)Before revoking or modifying the license, the agency—

(A)Will furnish the Contractor a written notice of its intention to revoke or modify the license; and

(B)Will allow the Contractor 30 days (or such other time as the funding agency may authorize for good cause shown by the Contractor) after the notice to show cause why the license should not be revoked or modified.

(iv)The Contractor has the right to appeal, in accordance with 37 CFR part 404 and agency regulations, concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of the license.

(c)*Contractor's obligations.*

(1)The Contractor shall—

(i)Disclose, in writing, each subject invention to the Contracting Officer within 2 months after the inventor discloses it in writing to Contractor personnel responsible for patent matters, or within 6 months after the Contractor first becomes aware that a subject invention has been made, whichever is earlier;

(ii)Include in the disclosure—

(A)The inventor(s) and the contract under which the invention was made;

(B)Sufficient technical detail to convey a clear understanding of the invention; and

(C)Any publication, on sale (i.e., sale or offer for sale), or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication; and

(iii)After submission of the disclosure, promptly notify the Contracting Officer of the acceptance of any manuscript describing the invention for publication and of any on sale or public use.

(2)The Contractor shall elect in writing whether or not to retain ownership of any subject invention by notifying the Contracting Officer at the time of disclosure or within 8 months of disclosure, as to those countries (including the United States) in which the Contractor will retain ownership. However, in any case where publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the agency may shorten the period of election of title to a date that is no more than 60 days prior to the end of the statutory period.

(3)The Contractor shall—

(i)File either a provisional or a nonprovisional patent application on an elected subject invention within 1 year after election, provided that in all cases the application is filed prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use;

(ii)File a nonprovisional application within 10 months of the filing of any provisional application; and

(iii)File patent applications in additional countries or international patent offices within either 10 months of the first filed patent application (whether provisional or nonprovisional) or 6 months from the date the Commissioner of Patents grants permission to file foreign patent applications where such filing has been prohibited by a Secrecy Order.

(4)The Contractor may request extensions of time for disclosure, election, or filing under paragraphs (c)(1), (2), and

(3)of this clause. The Contracting Officer will normally grant the extension unless there is reason to believe the extension would prejudice the Government's interests.

(d)*Government's rights* —

(1)*Ownership.* The Contractor shall assign to the agency, upon written request, title to any subject invention—

(i)If the Contractor elects not to retain title to a subject invention;

(ii)If the Contractor fails to disclose or elect the subject invention within the times specified in paragraph

(c)of this clause and the agency requests title within 60 days after learning of the Contractor's failure to report or elect within the specified times;

(iii)In those countries in which the Contractor fails to file patent applications within the times specified in paragraph

(c)of this clause, provided that, if the Contractor has filed a patent application in a country after the times specified in paragraph

(c)of this clause, but prior to its receipt of the written request of the agency, the Contractor shall continue to retain ownership in that country; and

(iv)In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.

(2)*License.* If the Contractor retains ownership of any subject invention, the Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, the subject invention throughout the world.

(e)*Contractor action to protect the Government's interest.*

(1)The Contractor shall execute or have executed and promptly deliver to the agency all instruments necessary to—

(i)Establish or confirm the rights the Government has throughout the world in those subject inventions in which the Contractor elects to retain ownership; and

(ii)Assign title to the agency when requested under paragraph (d)(1) of this clause and enable the Government to obtain patent protection for that subject invention in any country.

(2)The Contractor shall—

(i)Require, by written agreement, its employees, other than clerical and nontechnical employees, to—

(A)Disclose each subject invention promptly in writing to personnel identified as responsible for the administration of patent matters, so that the Contractor can comply with the disclosure provisions in paragraph

(c)of this clause; and

(B)Provide the disclosure in the Contractor's format, which should require, as a minimum, the information required by paragraph (c)(1) of this clause;

(ii)Instruct its employees, through employee agreements or other suitable educational programs, as to the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or statutory foreign bars; and

(iii)Execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions.

(3)The Contractor shall notify the Contracting Officer of any decisions not to file a nonprovisional patent application, continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response or filing period required by the relevant patent office.

(4)The Contractor shall include, within the specification of any United States nonprovisional patent application and any patent issuing thereon covering a subject invention, the following statement: “This invention was made with Government support under (identify the contract) awarded by (identify the agency). The Government has certain rights in this invention.”

(5)The Contractor shall—

(i)Establish and maintain active and effective procedures to ensure that subject inventions are promptly identified and disclosed to Contractor personnel responsible for patent matters;

(ii)Include in these procedures the maintenance of—

(A)Laboratory notebooks or equivalent records and other records as are reasonably necessary to document the conception and/or the first actual reduction to practice of subject inventions; and

(B)Records that show that the procedures for identifying and disclosing the inventions are followed; and

(iii)Upon request, furnish the Contracting Officer a description of these procedures for evaluation and for determination as to their effectiveness.

(6)The Contractor shall, when licensing a subject invention, arrange to—

(i)Avoid royalty charges on acquisitions involving Government funds, including funds derived through the Government's Military Assistance Program or otherwise derived through the Government;

(ii)Refund any amounts received as royalty charges on the subject inventions in acquisitions for, or on behalf of, the Government; and

(iii)Provide for the refund in any instrument transferring rights in the invention to any party.

(7)The Contractor shall furnish to the Contracting Officer the following:

(i)Interim reports every 12 months (or any longer period as may be specified by the Contracting Officer) from the date of the contract, listing subject inventions during that period and stating that all subject inventions have been disclosed or that there are no subject inventions.

(ii)A final report, within 3 months after completion of the contracted work, listing all subject inventions or stating that there were no subject inventions, and listing all subcontracts at any tier containing a patent rights clause or stating that there were no subcontracts. (8)(i) The Contractor shall promptly notify the Contracting Officer in writing upon the award of any subcontract at any tier containing a patent rights clause by identifying—

(A)The subcontractor;

(B)The applicable patent rights clause;

(C)The work to be performed under the subcontract; and

(D)The dates of award and estimated completion.

(ii)The Contractor shall furnish, upon request, a copy of the subcontract, and no more frequently than annually, a listing of the subcontracts that have been awarded.

(9)In the event of a refusal by a prospective subcontractor to accept one of the clauses specified in paragraph (l)(1) of this clause, the Contractor—

(i)Shall promptly submit a written notice to the Contracting Officer setting forth the subcontractor's reasons for the refusal and other pertinent information that may expedite disposition of the matter; and

(ii)Shall not proceed with that subcontract without the written authorization of the Contracting Officer.

(10)The Contractor shall provide to the Contracting Officer, upon request, the following information for any subject invention for which the Contractor has retained ownership:

(i)Filing date.

(ii)Serial number and title.

(iii)A copy of any patent application (including an English-language version if filed in a language other than English).

(iv)Patent number and issue date.

(11)The Contractor shall furnish to the Government, upon request, an irrevocable power to inspect and make copies of any patent application file.

(f)*Reporting on utilization of subject inventions.*

(1)The Contractor shall—

(i)Submit upon request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts in obtaining utilization of the subject invention that are being made by the Contractor or its licensees or assignees;

(ii)Include in the reports information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and other information as the agency may reasonably specify; and

(iii)Provide additional reports that the agency may request in connection with any march-in proceedings undertaken by the agency in accordance with paragraph

(h)of this clause.

(2)To the extent permitted by law, the agency shall not disclose the information provided under paragraph (f)(1) of this clause to persons outside the Government without the Contractor's permission, if the data or information is considered by the Contractor or its licensee or assignee to be “privileged and confidential” (see 5 U.S.C. 552(b)(4)) and is so marked.

(g)*Preference for United States industry.* Notwithstanding any other provision of this clause, the Contractor agrees that neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the agency may waive the requirement for an exclusive license agreement upon a showing by the Contractor or its assignee that—

(1)Reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States; or

(2)Under the circumstances, domestic manufacture is not commercially feasible.

(h)*March-in rights.* The Contractor acknowledges that, with respect to any subject invention in which it has retained ownership, the agency has the right to require licensing pursuant to 35 U.S.C. 203 and 210(c), 37 CFR 401.6, and any supplemental regulations of the agency in effect on the date of contract award.

(i)*Other inventions.* Nothing contained in this clause shall be deemed to grant to the Government any rights with respect to any invention other than a subject invention.

(j)*Examination of records relating to inventions.*

(1)The Contracting Officer or any authorized representative shall, until 3 years after final payment under this contract, have the right to examine any books (including laboratory notebooks), records, and documents of the Contractor relating to the conception or first reduction to practice of inventions in the same field of technology as the work under this contract to determine whether—

(i)Any inventions are subject inventions;

(ii)The Contractor has established procedures required by paragraph (e)(5) of this clause; and

(iii)The Contractor and its inventors have complied with the procedures.

(2)If the Contracting Officer learns of an unreported Contractor invention that the Contracting Officer believes may be a subject invention, the Contractor shall be required to disclose the invention to the agency for a determination of ownership rights.

(3)Any examination of records under this paragraph

(j)shall be subject to appropriate conditions to protect the confidentiality of the information involved.

(k)*Withholding of payment (this paragraph does not apply to subcontracts).*

(1)Any time before final payment under this contract, the Contracting Officer may, in the Government's interest, withhold payment until a reserve not exceeding $50,000 or 5 percent of the amount of the contract, whichever is less, is set aside if, in the Contracting Officer's opinion, the Contractor fails to—

(i)Establish, maintain, and follow effective procedures for identifying and disclosing subject inventions pursuant to paragraph (e)(5) of this clause;

(ii)Disclose any subject invention pursuant to paragraph (c)(1) of this clause;

(iii)Deliver acceptable interim reports pursuant to paragraph (e)(7)(i) of this clause; or

(iv)Provide the information regarding subcontracts pursuant to paragraph (e)(8) of this clause.

(2)The reserve or balance shall be withheld until the Contracting Officer has determined that the Contractor has rectified whatever deficiencies exist and has delivered all reports, disclosures, and other information required by this clause.

(3)The Government will not make final payment under this contract before the Contractor delivers to the Contracting Officer—

(i)All disclosures of subject inventions required by paragraph (c)(1) of this clause;

(ii)An acceptable final report pursuant to paragraph (e)(7)(ii) of this clause; and

(iii)All past due confirmatory instruments.

(4)The Contracting Officer may decrease or increase the sums withheld up to the maximum authorized in paragraph (k)(1) of this clause. No amount shall be withheld under this paragraph while the amount specified by this paragraph is being withheld under other provisions of the contract. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

(l)*Subcontracts.*

(1)The Contractor—

(i)Shall include the substance of the Patent Rights-Ownership by the Contractor clause set forth at 52.227-11 of the Federal Acquisition Regulation (FAR), in all subcontracts for experimental, developmental, or research work to be performed by a small business concern or nonprofit organization; and

(ii)Shall include the substance of this clause, including this paragraph (l), in all other subcontracts for experimental, developmental, or research work, unless a different patent rights clause is required by FAR 27.303.

(2)For subcontracts at any tier—

(i)The patents rights clause included in the subcontract shall retain all references to the Government and shall provide to the subcontractor all the rights and obligations provided to the Contractor in the clause. The Contractor shall not, as consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions; and

(ii)The Government, the Contractor, and the subcontractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and the Government with respect to those matters covered by this clause. However, nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes Act in connection with proceedings under paragraph

(h)of this clause. (End of clause) *Alternate I* (DEC 2007). As prescribed in 227.303(2)(ii), add the following paragraph (b)(2)(v) to the basic clause:

(v)The license shall include the right of the Government to sublicense foreign governments, their nationals, and international organizations pursuant to the following treaties or international agreements: ________*. *[* Contracting Officer to complete with the names of applicable existing treaties or international agreements. This paragraph is not intended to apply to treaties or agreements that are in effect on the date of the award but are not listed.]* *Alternate II* (DEC 2007). As prescribed in 227.303(2)(iii), add the following paragraph (b)(2)(v) to the basic clause:

(v)The agency reserves the right to—

(A)Unilaterally amend this contract to identify specific treaties or international agreements entered into or to be entered into by the Government after the effective date of this contract; and

(B)Exercise those license or other rights that are necessary for the Government to meet its obligations to foreign governments, their nationals, and international organizations under any treaties or international agreement with respect to subject inventions made after the date of the amendment. 6. Section 252.227-7039 is amended by revising the introductory text to read as follows: 252.227-7039 Patents—Reporting of Subject Inventions. As prescribed in 227.303(1), use the following clause: [FR Doc. E7-23655 Filed 12-6-07; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 070703215-7530-02] RIN 0648-AU08 Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Vessel Monitoring System; Open Access Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS issues this final rule to require all vessels fishing pursuant to the harvest guidelines, quotas, and other management measures governing the open access groundfish fishery, and all trawl vessels to provide declaration reports and to activate and use a vessel monitoring system

(VMS)transceiver while fishing off the coasts of Washington, Oregon and California. NMFS has implemented a series of large-scale geographically-defined closed areas intended to: minimize the bycatch of overfished groundfish species, minimize the bycatch of protected salmon species, and protect Essential Fish Habitat

(EFH)from harm through contact with fishing gear. This action is intended to improve the monitoring of compliance with those closed areas through regular VMS transmissions of vessel locations for those vessels subject to groundfish closed area restrictions. DATES: Effective February 4, 2008. ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA), Finding of No Significant Impact (FONSI), Final Regulatory Flexibility Analysis (FRFA), and the Small Entity Compliance Guide are available from D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, phone: 206-526-6150. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, and by e-mail to *DavidRostker@omb.eop.gov* , or by fax to

(202)395-7285. FOR FURTHER INFORMATION CONTACT: Becky Renko (Northwest Region, NMFS), phone: 206-526-6110; fax: 206-526-6736 and; e-mail: *becky.renko@noaa.gov* . SUPPLEMENTARY INFORMATION: Electronic Access This final rule is accessible via the Internet at the Office of the **Federal Register** 's Web site at *http://www.access.gpo.gov/su_docs/aces/aces140.html* . Background information and documents are available at the NMFS Northwest Region Web site at *http://www.nwr.noaa.gov* and at the Pacific Fishery Management Council's (Council) Web site at *http://www.pcouncil.org* . Background On August 8, 2007, NMFS published a proposed rule to implement a VMS program for the West Coast groundfish open access fisheries (72 FR 44469,) requesting public comments through September 7, 2007. During the comment period, NMFS received eight emails of comment, which are addressed later in the preamble to this final rule. See the preamble to the proposed rule for additional background information on the VMS program and the open access fishery. A VMS transceiver is an electronic device that is installed on a vessel to monitor the vessel's position in relation to geographically defined areas. The Council has determined that implementation of VMS requirements is necessary to monitor and enforce the extensive system of depth- and habitat-based closed areas employed in West coast groundfish management. This final rule requires all open access vessels to have a type-approved VMS transceiver unit that is properly activated and used from the time a vessel leaves port on a trip in which: groundfish is taken and retained in the EEZ; groundfish is possessed while operating in the EEZ (including transiting); or groundfish taken in the EEZ is landed. In addition, this final rule requires any vessel fishing in the EEZ with non-groundfish trawl gear to have a type-approved VMS transceiver unit properly installed and activated prior to leaving port. Once the VMS unit is activated, it must remain on throughout the remainder of the fishing year, unless such vessel is granted an exemption to the requirements for continuous operation. This final rule supplements the VMS program implemented on January 1, 2004, for the limited entry groundfish fisheries (November 4, 2003; 68 FR 62374). Comments and Responses During the comment period for the proposed rule for this action, NMFS received eight comments by email, which are addressed here: *Comment 1:* One commenter supports the proposed requirements that all vessels fishing for groundfish carry a VMS transceiver unit to enhance the ability to enforce depth-based management measures. *Response:* NMFS agrees that the proposed VMS requirements for the open access fisheries will allow enforcement resources to be used more efficiently and effectively to ensure the integrity of management areas that were implemented to restrict fishing mortality on overfished species and to protect EFH. *Comment 2:* The current list of type-approved VMS transceiver units for the Pacific Coast Groundfish fishery includes basic units that are only capable of one-way communications. These basic VMS transceiver units are small and capable of transmitting a vessel's position without requiring additional on-board computer support. Two commenters expressed concern that the basic VMS transceiver units will be removed from the list of type-approved VMS units and not available for use in the OA fishery. The commenters believe that the majority of the OA fleet would choose to purchase the basic units. If the basic VMS transceiver units are not available to open access fishers, the commentors are concerned that many of the smallest OA vessels (many vessels are less than 26 feet (8 meters) in length), with minimal electronic support, would be unable to comply with the requirements and would need to leave the fishery. *Response:* To assure compatibility with the national monitoring center, NMFS requires that VMS systems meet defined standards (58 FR 49285, September 23, 1993; March 31, 1994, 59 FR 15180; October 27, 2005, 70 FR 61941; and 72 FR 60826, October 6, 2007), while recognizing the need to promulgate regulations and approve systems on a fishery-by-fishery basis. VMS transceiver units approved for use by NMFS are referred to as type-approved. On November 17, 2003 (68 FR 64860), NMFS published a notice identifying VMS transceiver units and communication service providers that are type-approved for the Pacific Coast groundfish fishery. The commenters are correct that the current list of VMS units type-approved for use in the Pacific Coast groundfish fishery includes small VMS transceiver units that are only capable of one way communications. At this time, NMFS Office for Law Enforcement is considering revising the list of type-approved units to include only units capable of two-way communications. The reason for considering such a revision is that the VMS transceiver units are valuable tools that can also be used to transmit other necessary fisheries management data to and from the vessels. There are VMS transceiver units that are capable of two-way communications that are similar in size and cost to the one-way units that are currently type-approved for the Pacific coast groundfish fishery. *Comment 3:* One commenter suggested that minimum performance parameters need to be specified for VMS transceiver units, rather than type-approving specific units. The minimum performance parameters should require VMS transceiver units to be capable of supporting text messaging and email so the system is capable of transmitting other types of data such as vessel logbooks and observer data. *Response:* NMFS does not believe that performance standards alone would be adequate. Due to the need to have reliable VMS transceiver units that are suitable for fisheries applications, NMFS uses a type-approval process. With a type-approval process, VMS manufacturing companies submit for type-approval VMS transceiver units that meet minimum standards. The VMS transceiver units are field tested to assure that it will meet minimum performance requirements. NMFS believes it is necessary to conduct field testing on each model to determine if they will perform adequately over time in a harsh marine environment and in remote conditions before fishers invest in the equipment and before fisheries managers and enforcement are dependent on the data for managing the fisheries. New units may be added to the type approved list for a particular fishery as new equipment becomes available and is tested. The open access fleet consists of smaller sized vessels, with most being under 40 feet (metric equiv),fishery management and enforcement may benefit from having smaller units capable of two-way communications. However, the extremely limited space, minimal electronic support for a system, and difficulty in protecting electronic equipment from the marine environment on a large portion of vessels in the open access fleet was considered in the initial type-approval of VMS transceiver units for the Pacific Coast groundfish fishery (68 FR 64860; November 17, 2003). At this time NMFS is considering revising the list of type- approved VMS transceiver units to include only VMS transceiver units that are capable of two-way communications which could support email or vessel logbooks(see comment 2 above). *Comment 4:* One commenter recommended that NMFS refine the regulatory language requiring the VMS unit to be on the vessel and operational at all times to specifically state that the VMS unit must be energized at all times and cannot be turned on and off. *Response:* NMFS believes that the language at § 660.312 (d)(3) regarding the vessel owner's responsibility to operate the mobile transceiver unit continuously 24 hours a day throughout the calendar year, unless such vessel is specifically exempted, adequately states that the VMS unit must be on at all times. *Comment 5:* One commenter recommended that regulatory language be added to require vessels to contact NMFS before each departure to ensure that the VMS transceiver unit is operating properly. The commenter suggested that NMFS develop back-up procedures for reporting vessel positions using other communications such as cell phone, satellite phone, or radio, for vessels whose VMS transceiver units fail while the vessel is at sea. The commenter also suggests that NMFS provide back-up VMS units for vessels when their VMS transceiver units are being serviced. *Response:* Declaration reports are used by NMFS to identify the fisher's intent to use the vessel to participate in a particular fishery with a specific gear. Because area restrictions are specific to the gear type and target fisheries, declaration reports are needed to adequately assess the vessel's activity in relation to the area restrictions. In the development of this action, NMFS considered measures that could be taken to reduce the reporting burden on the fishing industry, while still meeting the needs of NMFS. Because a single gear type is typically used for multiple trips, to reduce the reporting burden NMFS determined that it was adequate for each declaration report to be valid until a new declaration is made or until an exemption report is received. Unlike other fisheries with VMS, where vessels are at sea for extended periods, most of the participants in the open access fisheries make very short fishing trips (1-3 days). If a VMS transceiver unit fails, the vessel can be required to remain in port until the unit is repaired or they may use a replacement unit providing they register it with NMFS Office of Law Enforcement. Given the fishing behavior of the fleet and the added burden of reporting, NMFS does not believe that it is necessary to require vessels to provide declaration reports on every trip. *Comment 6:* One commenter suggests that VMS position data be provided to fisheries managers so it can be compared to logbook and observer data. The commenter believes that restricting access to VMS data for enforcement purposes only will affect managers' ability to address bycatch issues. *Response:* NMFS agrees that VMS data may provide much needed effort data to fisheries managers. Therefore, VMS data is available to fisheries managers upon request, providing the confidentiality standards set out in the Magnuson-Stevens Fishery Conservation and Management Act(Magnuson-Stevens Act) and policies established by NMFS Office for Law Enforcement are followed. *Comment 7:* One commenter did not believe it was fair to require fishers to purchase VMS units until limited access restrictions for the open access fishery and quotas are decided. *Response:* In the near future, the Council is scheduled to consider a license limitation program for the open access fisheries as well as harvest specifications and management measures for 2009 and 2010. Reasonably foreseeable future action by NMFS, including license limitation and future harvest specifications, were considered in the cumulative effects section (Section 4.4) of the environmental assessment for this action. The VMS is being required for open access vessels to aid in maintaining the integrity of existing depth-based management measures which were adopted for 2003 and are currently in effect in the open access fishery. NMFS believes it is necessary to adopt new measures to effectively and efficiently manage the existing fishery. If future NMFS action is taken that results in fishers leaving the open access fishery, provisions of this rulemaking allow the ownership to the VMS receiver units to transfer from one vessel owner to another vessel owner providing all the required documents are provided to NMFS OLE. *Comment 8:* One commenter indicated that VMS was designed for monitoring big factory ships and large fleets that harvest millions of pounds of fish to be sure they are not overstepping their boundaries. The commenter does not believe that VMS is appropriate for the small class of vessels with small catches like the open access fishery. *Response:* NMFS disagrees with the commenter. VMS is an effective enforcement tool for monitoring vessel location in relationship to geographical areas regardless of the class of vessel it is being used on. There are many open access vessels fishing near areas that are closed to reduce the catch of overfished species or to protect EFH. *Comment 9:* Two commenters expressed concern about the cost of purchasing new VMS equipment and the cost to replace existing VMS equipment that may not be type-approved for the fishery. The commentors' concern was the relationship between the cost of the VMS equipment and the value of the open access catch, particularly for small scale fisheries that operate only a few months of the year. *Response:* The cost burden of VMS includes the costs for installation, VMS transceiver unit, annual maintenance, replacement cost, cost to transmit hourly positions and declaration reports. The initial cost of the VMS transceiver units, including installation, vary from $1,200-$2,700 ($3,800 with a computer that meets the minimum specifications) per vessel. At this time, funds are available to reimburse fishers for the cost of purchasing a type-approved VMS transceiver unit to comply with requirements that become effective in 2007. However, these funds are available on a first-come first-served basis and not all fishers may be able to take advantage of this reimbursement program. Fishers who purchased VMS transceiver units before this rule was published will not be reimbursed for existing VMS transceivers, but could be reimbursed for new VMS transceivers. The value of the fishery to the individual vessels and the individual fisher's ability to recover the costs associated with VMS varies widely between vessels and target fisheries. In part this is because the fishery is split between vessels targeting groundfish (directed OA fishery vessels) and vessels targeting other species but landing groundfish that were caught incidentally while targeting a non-groundfish species (incidental OA fishery vessels). The incidental commercial open access groundfish fishery consists of vessels fishing for Pacific halibut, California halibut, Dungeness crab, spot prawn, ridgeback prawn, California Sheephead, sea cucumber, pink shrimp, salmon and HMS that do not necessarily depend on revenue from the sale of groundfish as their a major source of income. However, it's difficult to segregate the fishery into directed and incidental vessels, and vessels may move between the categories with the choice depending on the intention of the fisher. Over the course of a year or during a single trip, a fisher may engage in different strategies and may switch between directed and incidental fishing categories. Incidental fixed gear open access fishers who only land small amounts of incidentally caught groundfish may well choose to discard incidentally caught groundfish, rather than incur the cost of VMS and the burden of installation. Similarly, some fixed gear fishers may also choose to stay in state waters throughout the year rather than incur the cost of VMS and the burden of installation. NMFS recognizes that those vessels that are more actively engaged in the directed open access fishery and open access trawl fisheries will likely incur higher VMS costs than those that are not actively engaged in the directed open access fishery. However, without depth-based management, the open access fishery would likely be managed under very restrictive cumulative trip limits and seasons, which would result in much lower gross revenues for directed open access vessels, and greater restriction for incidental fishers. *Comment 10:* One commenter indicted that the open access fishery did not need any further government regulations. *Response:* When the Council recommended the adoption of depth-based management measures for 2003, the Council also recommended that NMFS take simultaneous action to implement a VMS monitoring program to ensure the integrity of the depth-based areas. Consistent with the Council's recommendation, NMFS implemented a pilot program in the limited entry fishery at the start of 2004 with the intention of expanding the program to the Open access fishery. This action follows the Council's original direction. As discussion in the response to comment 9, without VMS, depth-based management measures would need to be reconsidered. Changes From the Proposed Rule No changes were made from the regulatory text presented in the proposed rule as a result of the comments. One minor edit to remove the word “and” was made in § 660.312 (d)(4)(vii). Classification NMFS has determined that this final rule is consistent with the FMP and with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. A final regulatory flexibility analysis

(FRFA)was prepared pursuant to 5 U.S.C. 604(a). The FRFA incorporates the economic impacts described in the IRFA, a summary of the significant issues raised by the public comments in response to the IRFA, NMFS responses to those comments, and a summary of the analyses completed to support the action. A copy of the complete FRFA is available from NMFS (see ADDRESSES ). *Statement of Objective and Need:* A description of the reasons why this action is being taken, and the objectives of and legal basis for this final rule are explained in the preambles to the proposed rule and this final rule and are not repeated here. *Summary of Significant Issues Raised in Public Comments:* There were no significant issues raised by the public that were specific to the IRFA. However, two comments relate to the economic impacts of the rule. Comments 8 and 9 can be found along with their responses in the Comment and Response section of this preamble. *A description and an estimate of the number of small entities to which the rule will apply or an explanation why no such estimate is available:* This action requires all commercial fishing vessels not registered to a limited entry groundfish permit that take and retain or possess groundfish in the EEZ (including transiting), or that land groundfish taken in the EEZ and all vessels using non-groundfish trawl gear to fish in the EEZ to have and use VMS. The installation of VMS equipment is projected to affect approximately 1,610 vessels, including: 322 vessels using longline gear (282 directed groundfish, 38 Pacific halibut, and 2 CA halibut); 193 vessels using pot gear (145 directed groundfish, 6 prawn, 21 Dungeness crab and 21 CA sheephead); 131 vessels using non-groundfish trawl gear (23 ridgeback prawn, 14 sea cucumber, and 40 CA halibut, and 54 pink shrimp vessels); 892 vessels using line gear (590 groundfish directed, 58 CA halibut, 10 HMS vessels, and 234 salmon troll vessels); and 72 vessels using net gear (25 HMS and 47 CA halibut). All of the affected entities are considered to be small businesses. *A description of the projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for the preparation of the report or record:* In addition to obtaining VMS units, to support the VMS monitoring program, the following information must be submitted to NMFS:

(1)VMS transceiver installation/activation certification reports,

(2)hourly position reports,

(3)exemption reports, and

(4)declaration reports. Installation/activation reports require vessel owners and operators to follow specific procedures when installing or re-installing a VMS transceiver unit. For example, upon activation, the VMS installer must complete, sign, and return a certification form to NMFS. The form contains information on the VMS hardware and satellite communications services that are provided by private communications companies approved by NMFS. Hourly position reports are automatically transmitted to NMFS via satellite once the VMS transceiver unit is installed and activated. Vessels that are required to have VMS must operate the mobile transceiver unit continuously 24 hours a day. Exemption reports are optional. The exemption reports are sent by the vessel owner or operator when they want their vessel to be excused from the requirement to continuously operate the mobile transceiver unit 24 hours a day throughout the fishing year. Declaration reports are submitted to NMFS Office for Law Enforcement by telephone and are valid until revised by the vessel operator. Vessel operators making declaration reports receive a confirmation number that verifies that the reporting requirements were satisfied. After a vessel has made a declaration report to NMFS and has been confirmed for a specific gear category, it cannot fish with any gear other than a gear type that has been declared for the vessel. The VMS units that are currently type-approved for this fishery range in cost and service features. This range allows the vessel owner flexibility in choosing the model that best fits the needs of their vessel. Vessels that have already purchased VMS transceiver units for other fisheries or for personal purposes have been given consideration. Vessels will be allowed to retain existing VMS transceivers provided they are on the list of type-approved models and have been upgraded, if necessary, to the level required for the fishery. Per vessel costs for a transceiver unit with installation are $1,200-$2,700 ($3,800 with a computer that meets the minimum specifications) in Year 1, and $250-$625 in subsequent years. Annual operating cost to harvesters include: maintenance $60-$160, and transmission fees $192-$730. Estimated purchase cost of VMS services to the fishing industry if all vessels remain in the fishery is $2,241,120 - $7,293,300 in year 1, and $309,120 - $1,175,300 in subsequent years. The added cost of VMS may result in vessels, likely those vessels with the lowest ex-vessel revenue from groundfish, choosing to not retain groundfish to avoid VMS requirements. The analysis assumes that vessels will pay for VMS. However, Federal funds have been identified for VMS reimbursements in 2007. The availability of these funds for reimbursement for the cost of purchasing a VMS transceiver unit is not guaranteed, but funds are anticipated to be available to open access fishers on a first-come first-served basis. The benefits of VMS to the fishery participants include the potential for future increases in groundfish catch because the likelihood of Rockfish Conservation Area

(RCA)integrity being maintained is increased. This would result in greater stability in the fishery and be of greatest benefit to fishers with a high degree of dependency on groundfish. VMS would allow for greater flexibility in the use of management rules, because accurate pot, longline, non-groundfish trawl, line and net gear fishing location data will be readily available for modeling total catch and making groundfish management decisions. VMS data could be used along with declaration reports, observer data, survey information, and fish ticket data to better refine estimates of total fishing mortality and reduce the uncertainty in managing the fishery inseason to stay within the harvest guidelines and OYs. For vessels that participate in the incidental open access fisheries, accurate VMS fishing location data may be beneficial to non-groundfish target fisheries management. Because pink shrimp vessels are currently permitted to fish in the RCAs, there is no increased benefit to the pink shrimp fishery over status quo, but there is benefit to the groundfish fishers from the increased protection that this provision will provide to groundfish Essential Fish Habitat. Vessels required to carry VMS transceiver units will provide installation/activation reports, hourly position reports, exemption reports, and declaration reports. The installation and activation reports include contact information from open access vessels because there are no Federal permit requirements for open access fishery participants. Having contact information is necessary in the event that there are transmission problems, where NMFS will need to have ready access to contact information and installation information. The submission of declaration reports was initially proposed as per trip reports. Following consultation with fishery participants, it was determined that the needs of NMFS OLE and the United States Coast Guard

(USCG)could be met with less frequently made declaration reports. Therefore, it was determined that a declaration report identifying the type of gear being used by a vessel would remain valid until revised by the vessel operator or an exemption report was sent. This results in a significant reduction in the number of reports. *A description of the steps the agency has taken to minimize the significant adverse economic impact on small entities, consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and the reason that each one of the other significant alternatives to the rule considered by the agency was rejected:* Through Council processes including several public hearings along the coast, many alternatives were considered and crafted that weighed conservation and management needs against the economic impacts upon various components of the open access fleets. Following consultation with fishery participants prior to implementation of the pilot VMS program in the limited entry fisheries, it was determined that some vessel owners may prefer to reduce the costs of reporting when leaving the EEZ off the coasts of Washington, Oregon, and California. Because a substantial number of permitted vessels also fish in waters off Alaska and in areas outside the EEZ, and because vessels are commonly pulled out of the water for extended periods, a VMS hourly report exemption option was added, which included an exemption report. During the development of the expanded VMS program, additional exemptions were considered and proposed for vessels that transfer the limited entry permit from the vessel and do not engage in any fishing off the West Coast for the remainder of the year, vessels that depart the open access fishery for an extended period after the end of the fishing year, and for vessels that have had an emergency situation that resulted in vessel damage such as fire, flooding or other extensive physical damage that would require the VMS or power source to be disconnected. The exemption reports allow flexibility to the industry participants while providing NMFS OLE with the information needed to determine why a position report is not being received from the vessel. Declaration reports have been required since January 1, 2004, for non-groundfish trawl vessels that are used to fish in any trawl RCAs or the Cowcod Conservation Areas (CCAs). Requiring declaration reports for all fishing, not just fishing in any trawl RCA or the CCA, will be an additional burden for these vessels. Non-groundfish trawl gear includes vessels fishing for pink shrimp, spot and ridgeback prawns, California halibut and sea cucumber. At the Council's June 2005 meeting, measures to protect groundfish EFH were considered, as mandated by the Magnuson-Stevens Act. Though the habitat protection measures have been developed as a separate action from the VMS program, monitoring measures such as VMS were considered as a tool for monitoring incursions into the many new habitat protection areas. As part of the habitat protection measures, the Council requested that VMS requirements for pink shrimp trawlers operating in the open access sector (those pink shrimp trawl vessels that are registered to limited entry permits are already required to have VMS) be included in the open access VMS analysis. Therefore, Alternative 4B was added to the EA/RIR/IRFA, with the difference being the inclusion of all pink shrimp trawl vessels. A range of 13 alternatives, discussed in sections 2.0 and 4.0 of the EA for this action, was considered. The alternatives ranged from Alternative 1, status quo, which required declaration reports from open access non-groundfish trawl vessels that fish within a trawl RCA to Alternative 11, the preferred alternative being implemented by this final rule. The coverage levels identified as Alternatives 2-4A and 5A were based on different combinations of the open access gear groups. In order of coverage priority, the open access sectors initially identified as needing VMS coverage were: longline, groundfish pot, trawl (excluding shrimp), and line (excluding salmon). Alternative 2 requires all vessels using longline gear to have and use a VMS transceiver. Each of the Alternatives 3, 4 and 5A built on the previous alternative by adding the next open access gear group in order of priority. At its September 2004 meeting, the Council recommended that NMFS expand the range to eight alternatives (Alternatives 1-4A, 5A, 5B, 6A and 7) and conduct further analysis. Alternative 5B was added and is based on Enforcement Consultants recommendations to the Council. Alternative 5B excludes vessels in fisheries where incidental catch of overfished species was considered to be very low; however, it includes salmon troll vessels. Alternative 6A, though modified by the Council, was based on the Groundfish Advisory Panel's

(GAP)majority view. Under Alternative 6A, VMS would be required on any commercial fishing vessel for which an RCA restriction applied. This alternative was viewed by the GAP as a simple and straightforward way to maintain the integrity of the RCAs. Alternative 7 is the GAP minority alternative, and is basically the same as Alternative 6A, except that vessels under 12 feet

(ft)(3.7 meters) in length are excluded. Alternative 6B was recommended by the Ad Hoc VMS Committee. Alternative 6B is the same as Alternative 6A, except that only salmon troll vessels north of 40°10' N. lat. that fish pursuant to the harvest guidelines, quotas, and other management measures governing the open access fishery for groundfish species other than yellowtail rockfish would be required to carry and use a VMS transceiver and provide declaration reports. At its April 2005 meeting, the Council specifically asked that NMFS examine new alternatives with thresholds for identifying vessels that land insignificant amounts of groundfish and low impact fisheries that could be considered as exceptions to the VMS requirement. In addition, concerns were expressed by the Council about of the cost of a VMS system to maintain the integrity of the RCA management regime for the open access fisheries being borne by industry. As a result of Council discussion, NMFS developed three new alternatives, identified as Alternatives 8-10. Alternative 8 was intended to exclude low impact OA fisheries from the VMS requirements. These low impact target fisheries and gear included: Dungeness crab pot, spot prawn pot, sea cucumber trawl, ridgeback prawn trawl, HMS line, and California sheephead pot. Alternative 9 was intended to identify vessels that directly targeted open access species. Vessels that land more than 500 lb (227 kilograms) of groundfish in a fishing year would have been included in the VMS and declaration requirements. Under Alternative 10, RCA management areas defined at 660.383

(c)would be discontinued and trip limits and seasons adjusted accordingly. No Federal rules have been identified that duplicate, overlap, or conflict with this action. This final rule contains a collection-of-information requirement subject to the Paperwork Reduction Act

(PRA)and which has been approved by OMB under control number 0648-0478. Public reporting burden for this collection of information is estimated to average as follows: 4 minutes per response for each declaration report at an estimated time burden on the public of 2,848 hours annually for all 2,034 respondents; At 4 hours per response for installation (installation occurs one time every four years because VMS units have a 4 year service life) of the VMS transceiver unit and 5 minutes per response to send the installation/activation report with an estimated time burden to the public from all 2,034 respondents of 2,034 hours for installation of the VMS transceiver units and 41 hours annually for sending the installation/activation report; At 5 seconds per response for each hourly position report that is sent automatically by the VMS transceiver unit, the expected time burden on the public from all 2,034 respondents would be 24,747 hours annually; and at 4 minutes per response for each exemption report the expected time burden on the public from 500 respondents would be 64 hours annually. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information. Send comments on these or any other aspects of the collection of information to NMFS at the ADDRESSES above, and by e-mail to *David_Rostker@omb.eop.gov* or fax to

(202)395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. NMFS issued Biological Opinions under the ESA on August 10, 1990, November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, and December 15, 1999, pertaining to the effects of the Pacific Coast groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River spring/summer, Snake River fall, upper Columbia River spring, lower Columbia River, upper Willamette River, Sacramento River winter, Central Valley spring, California coastal), coho salmon (Central California coastal, southern Oregon/northern California coastal), chum salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake River, Ozette Lake), and steelhead (upper, middle and lower Columbia River, Snake River Basin, upper Willamette River, central California coast, California Central Valley, south/central California, northern California, southern California). These biological opinions concluded that implementation of the FMP for the Pacific Coast groundfish fishery was not expected to jeopardize the continued existence of any endangered or threatened species under the jurisdiction of NMFS, or result in the destruction or adverse modification of critical habitat. NMFS reinitiated a formal ESA section 7 consultation in 2005 for both the Pacific whiting midwater trawl fishery and the groundfish bottom trawl fishery. The December 19, 1999, Biological Opinion had defined an 11,000 Chinook incidental take threshold for the Pacific whiting fishery. During the 2005 Pacific whiting season, the 11,000 fish Chinook incidental take threshold was exceeded, triggering reinitiation. Also in 2005, new West Coast Groundfish Observer Program data became available, allowing NMFS to complete an analysis of salmon take in the bottom trawl fishery. NMFS prepared a Supplemental Biological Opinion dated March 11, 2006, which addressed salmon take in both the Pacific whiting midwater trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental Biological Opinion, NMFS concluded that catch rates of salmon in the 2005 whiting fishery were consistent with expectations considered during prior consultations. Chinook bycatch has averaged about 7,300 over the last 15 years and has only occasionally exceeded the reinitiation trigger of 11,000. Since 1999, annual Chinook bycatch has averaged about 8,450. The Chinook Evolutionarily Significant Units

(ESUs)most likely affected by the whiting fishery have generally improved in status since the 1999 ESA section 7 consultation. Although these species remain at risk, as indicated by their ESA listing, NMFS concluded that the higher observed bycatch in 2005 does not require a reconsideration of its prior “no jeopardy” conclusion with respect to the fishery. For the groundfish bottom trawl fishery, NMFS concluded that incidental take in the groundfish fisheries is within the overall limits articulated in the Incidental Take Statement of the 1999 Biological Opinion. The groundfish bottom trawl limit from that opinion was 9,000 fish annually. NMFS will continue to monitor and collect data to analyze take levels. NMFS also reaffirmed its prior determination that implementation of the Groundfish FMP is not likely to jeopardize the continued existence of any of the affected ESUs. Lower Columbia River coho (70 FR 37160, June 28, 2005) and the Southern Distinct Population Segment of green sturgeon (71 FR 17757, April 7, 2006) were recently listed as threatened under the ESA. As a consequence, NMFS has reinitiated its Section 7 consultation on the Council's Groundfish FMP. After reviewing the available information, NMFS concluded that, in keeping with section 7(a)(2) of the ESA, allowing the fishery to continue under this action would not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures. Under the Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members of the Council must be a representative of an Indian tribe with federally recognized fishing rights from the area of the Council's jurisdiction. Pursuant to Executive Order 13175, this action was developed through the Council process with meaningful collaboration with tribal officials from the area covered by the FMP. The tribal representative on the Council did not make a motion on this action for tribal fisheries because this action does not apply to tribal fishers. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indian fisheries. Dated: December 1, 2007. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 660.302, the definitions for “Closure”, “Exempted gear” and “Groundfish Conservation Area or GCA” are removed, the definitions for “Fishing gear” paragraph

(11)introductory text, “Open access fishery” and “Open access gear” are revised, and the definitions for “Closure or closed”, “Conservation area(s)” and “Continuous transiting or transit through” are added to read as follows: § 660.302 Definitions. *Closure or closed* means, when referring to closure of a fishery or a closed fishery, that taking and retaining, possessing, or landing the particular species or species group covered by the fishing closure is prohibited. Unless otherwise announced in the **Federal Register** or authorized in this subpart, offloading must begin before the closure time. *Conservation area(s)* means either a Groundfish Conservation Area (GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.

(1)*Groundfish Conservation Area or GCA* means a geographic area defined by coordinates expressed in degrees latitude and longitude, wherein fishing by a particular gear type or types may be prohibited. GCAs are created and enforced for the purpose of contributing to the rebuilding of overfished West Coast groundfish species. Regulations at § 660.390 define coordinates for these polygonal GCAs: Yelloweye Rockfish Conservation Areas, Cowcod Conservation Areas, waters encircling the Farallon Islands, and waters encircling the Cordell Banks. GCAs also include Rockfish Conservation Areas or RCAs, which are areas closed to fishing by particular gear types, bounded by lines approximating particular depth contours. RCA boundaries may and do change seasonally according to the different conservation needs of the different overfished species. Regulations at § § 660.390 through 660.394 define RCA boundary lines with latitude/longitude coordinates; regulations at Tables 3 5 of Part 660 set RCA seasonal boundaries. Fishing prohibitions associated with GCAs are in addition to those associated with EFH Conservation Areas.

(2)*Essential Fish Habitat Conservation Area or EFHCA* means a geographic area defined by coordinates expressed in degrees latitude and longitude, wherein fishing by a particular gear type or types may be prohibited. EFHCAs are created and enforced for the purpose of contributing to the protection of West Coast groundfish essential fish habitat. Regulations at §§ 660.396 - .399 define EFHCA boundary lines with latitude/longitude coordinates. Fishing prohibitions associated with EFHCAs, which are found at § 660.306, are in addition to those associated with GCAs. *Continuous transiting or transit through* means that a fishing vessel crosses a groundfish conservation area or EFH conservation area on a constant heading, along a continuous straight line course, while making way by means of a source of power at all times, other than drifting by means of the prevailing water current or weather conditions. *Fishing gear* * * *

(11)*Trawl gear* means a cone or funnel-shaped net that is towed through the water, and can include a pair trawl that is towed simultaneously by two boats. Groundfish trawl is trawl gear that is used under the authority of a valid limited entry permit issued under this subpart endorsed for trawl gear. It does not include any type of trawl gear listed as non-groundfish trawl gear. Non-groundfish trawl gear is any trawl gear other than the Pacific Coast groundfish trawl gear that is authorized for use with a valid groundfish limited entry permit. Non-groundfish trawl gear includes pink shrimp, ridgeback prawn, California halibut south of Pt. Arena, and sea cucumbers south of Pt. Arena. *Open access fishery* means the fishery composed of commercial vessels using open access gear fished pursuant to the harvest guidelines, quotas, and other management measures governing the harvest of open access allocations (detailed in § 660.320 and Tables 1-2 of this subpart) or governing the fishing activities of open access vessels (detailed in § 660.383 and Table 5 of this subpart.) Any commercial vessel that is not registered to a limited entry permit and which takes and retains, possesses or lands groundfish is a participant in the open access groundfish fishery. *Open access gear* means all types of fishing gear except:

(1)Longline or trap (or pot) gear fished by a vessel that has a limited entry permit affixed with a gear endorsement for that gear.

(2)Groundfish trawl. 3. In § 660.303, paragraph

(d)is revised to read as follows: § 660.303 Reporting and recordkeeping.

(d)*Declaration reporting requirements* —(1) *Declaration reports for vessels registered to limited entry permits.* The operator of any vessel registered to a limited entry permit must provide NMFS OLE with a declaration report, as specified at paragraph(d)(5)(iv) of this section, before the vessel leaves port on a trip in which the vessel is used to fish in U.S. ocean waters between 0 and 200 nm offshore of Washington, Oregon, or California.

(2)*Declaration reports for all vessels using non-groundfish trawl gear.* The operator of any vessel that is not registered to a limited entry permit and which uses non-groundfish trawl gear to fish in the EEZ (3-200 nm offshore), must provide NMFS OLE with a declaration report, as specified at paragraph(d)(5)(iv) of this section, before the vessel leaves port to fish in the EEZ.

(3)*Declaration reports for open access vessels using non-trawl gear (all types of open access gear other than non-groundfish trawl gear)* . The operator of any vessel that is not registered to a limited entry permit, must provide NMFS with a declaration report, as specified at paragraph(d)(5)(iv) of this section, before the vessel leaves port on a trip in which the vessel is used to take and retain or possess groundfish in the EEZ or land groundfish taken in the EEZ.

(4)*Declaration reports for tribal vessels using trawl gear.* The operator of any tribal vessel using trawl gear must provide NMFS with a declaration report, as specified at paragraph (d)(5)(iv) of this section, before the vessel leaves port on a trip in which fishing occurs within the trawl RCA.

(5)*Declaration reports.*

(i)The operator of a vessel specified in paragraphs (d)(1), (d)(2), and (d)(3) of this section must provide a declaration report to NMFS OLE prior to leaving port on the first trip in which the vessel meets the requirement specified at § 660.312

(b)to have a VMS.

(ii)The vessel operator must send a new declaration report before leaving port on a trip in which a gear type that is different from the gear type most recently declared for the vessel will be used. A declaration report will be valid until another declaration report revising the existing gear declaration is received by NMFS OLE.

(iii)During the period of time that a vessel has a valid declaration report on file with NMFS OLE, it cannot fish with a gear other than a gear type declared by the vessel.

(iv)Declaration reports will include: the vessel name and/or identification number, and gear type (as defined in paragraph(d)(5)(iv)(A) of this section). Upon receipt of a declaration report, NMFS will provide a confirmation code or receipt to confirm that a valid declaration report was received for the vessel. Retention of the confirmation code or receipt to verify that a valid declaration report was filed and the declaration requirement was met is the responsibility of the vessel owner or operator. Vessels using non-trawl gear may declare more than one gear type, however, vessels using trawl gear may only declare one of the trawl gear types listed in paragraph (d)(5)(iv)(A) of this section on any trip and may not declare non-trawl gear on the same trip in which trawl gear is declared.

(A)One of the following gear types must be declared: ( *1* ) Limited entry fixed gear, ( *2* ) [Reserved] ( *3* ) Limited entry midwater trawl, ( *4* ) Limited entry bottom trawl, not including demersal trawl, ( *5* ) Limited entry demersal trawl, ( *6* ) Non-groundfish trawl gear for pink shrimp, ( *7* ) Non-groundfish trawl gear for ridgeback prawn, ( *8* ) Non-groundfish trawl gear for California halibut, ( *9* ) Non-groundfish trawl gear for sea cucumber, ( *10* ) Open access longline gear for groundfish, ( *11* ) Open access Pacific halibut longline gear, ( *12* ) Open access groundfish trap or pot gear, ( *13* ) Open access Dungeness crab trap or pot gear, ( *14* ) Open access prawn trap or pot gear, ( *15* ) Open access sheephead trap or pot gear, ( *16* ) Open access line gear for groundfish, ( *17* ) Open access HMS line gear, ( *18* ) Open access salmon troll gear, ( *19* ) Open access California Halibut line gear, ( *20* ) Open access net gear, ( *21* ) Other gear, and ( *22* ) Tribal trawl.

(B)[Reserved] 4. In § 660.306, paragraphs (h)(4) through (h)(10) are redesignated as (h)(5) through (h)(11), paragraphs (h)(1) through (h)(3) are revised, and a new paragraph (h)(4) is added, paragraphs (i)(7), (i)(8), (j)(1), and (j)(6) are revised, and (j)(7) and (j)(8) are added to read as follows: § 660.306 Prohibitions.

(h)* * *

(1)Operate any vessel registered to a limited entry permit with a trawl endorsement and trawl gear on board in a applicable GCA (as defined at § 660.381 (d)), except for purposes of continuous transiting, with all groundfish trawl gear stowed in accordance with § 660.381(d), or except as authorized in the groundfish management measures published at § 660.381.

(2)Operate any vessel registered to a limited entry permit with a longline or trap

(pot)endorsement and longline and/or trap gear onboard in an applicable GCA (as defined at § 660.382(c)), except for purposes of continuous transiting, with all groundfish longline and/or trap gear stowed in accordance with § 660.382(c) or except as authorized in the groundfish management measures at § 660.382.

(3)Operate any vessel with non-groundfish trawl gear onboard in any applicable GCA (as defined at § 660.383 (c)) except for purposes of continuous transiting, with all trawl gear stowed in accordance with § 660.383 (c), or except as authorized in the groundfish management measures published at § 660.383.

(4)Operate any vessel in an applicable GCA (as defined at § 660.383 (c)) that has non-trawl gear onboard and is not registered to a limited entry permit on a trip in which the vessel is used to take and retain or possess groundfish in the EEZ, possess or land groundfish taken in the EEZ, except for purposes of continuous transiting, with all groundfish non-trawl gear stowed in accordance with § 660.383(c), or except as authorized in the groundfish management measures published at § 660.383.

(i)* * *

(7)Fail to provide departure or cease fishing reports specified at § 660.314 (c)(2).

(8)Fail to meet the vessel responsibilities specified at § 660.314 (d).

(j)* * *

(1)Use any vessel required to operate a VMS unit under § 660.312

(b)unless that vessel carries a NMFS OLE type-approved mobile transceiver unit and complies with all the requirements described at § 660.312.

(6)Register the same VMS transceiver unit to more than one vessel at the same time.

(7)Falsify any VMS activation report or VMS exemption report that is authorized or required, as specified at § 660.312.

(8)Falsify any declaration report that is required, as specified at § 660.303. 5. In § 660.312, paragraphs (b),(d)(1),(d)(2) introductory text, (d)(2)(ii),(d)(3),(d)(4) introductory text, and (d)(4)(iii) and

(iv)are revised, and (d)(4)(v) through (d)(4)(vii) are added to read as follows: § 660.312 Vessel Monitoring System

(VMS)requirements.

(b)*Who is required to have VMS?* The following vessels are required to install a NMFS OLE type-approved mobile transceiver unit and to arrange for a NMFS OLE type-approved communications service provider to receive and relay transmissions to NMFS OLE prior to fishing:

(1)Any vessel registered for use with a limited entry permit that fishes in state or Federal waters seaward of the baseline from which the territorial sea is measured off the States of Washington, Oregon or California (0-200 nm offshore).

(2)Any vessel that uses non-groundfish trawl gear to fish in the EEZ.

(3)Any vessel that uses open access gear to take and retain, or possess groundfish in the EEZ or land groundfish taken in the EEZ.

(d)* * *

(1)Obtain a NMFS OLE type-approved mobile transceiver unit and have it installed on board your vessel in accordance with the instructions provided by NMFS OLE. You may obtain a copy of the VMS installation and operation instructions from the NMFS OLE Northwest, VMS Program Manager upon request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone:

(206)526-6133.

(2)Activate the mobile transceiver unit, submit an activation report at least 72 hours prior to leaving port on a trip in which VMS is required, and receive confirmation from NMFS OLE that the VMS transmissions are being received before participating in a fishery requiring the VMS. Instructions for submitting an activation report may be obtained from the NMFS, Northwest OLE VMS Program Manager upon request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: (206)526-6133. An activation report must again be submitted to NMFS OLE following reinstallation of a mobile transceiver unit or change in service provider before the vessel may participate in a fishery requiring the VMS.

(ii)*Transferring ownership of VMS unit.* Ownership of the VMS transceiver unit may be transferred from one vessel owner to another vessel owner if all of the following documents are provided to NMFS OLE: a new activation report, which identifies that the transceiver unit was previously registered to another vessel; a notarized bill of sale showing proof of ownership of the VMS transceiver unit; documentation from the communications service provider showing proof that the service agreement for the previous vessel was terminated and that a service agreement was established for the new vessel.

(3)*Transceiver unit operation.* Operate and maintain in good working order the mobile transceiver unit continuously 24 hours a day throughout the fishing year, unless such vessel is exempted under paragraph (d)(4) of this section. The mobile transceiver unit must transmit a signal accurately indicating the vessel's position at least once every hour, 24 hours a day, throughout the year unless a valid exemption report, as described in paragraph (b)(4) of this section, has been received by NMFS OLE. Less frequent position reporting at least once every four hours is authorized when a vessel remains in port for an extended period of time, but the mobile transceiver unit must remain in continuous operation at all times unless the vessel is exempted under this section.

(4)*VMS exemptions.* A vessel that is required to operate the mobile transceiver unit continuously 24 hours a day throughout the fishing year may be exempted from this requirement if a valid exemption report, as described at paragraph (d)(4)(vii) of this section, is received by NMFS OLE and the vessel is in compliance with all conditions and requirements of the VMS exemption identified in this section and specified in the exemption report.

(iii)*Permit transfer exemption.* If the limited entry permit has been transferred from a vessel (for the purposes of this section, this includes permits placed into “unidentified” status) the vessel may be exempted from VMS requirements providing the vessel is not used to fish in state or Federal waters seaward of the baseline from which the territorial sea is measured off the States of Washington, Oregon or California (0-200 nm offshore) for the remainder of the fishing year. If the vessel is used to fish in this area for any species of fish at any time during the remaining portion of the fishing year without being registered to a limited entry permit, the vessel is required to have and use VMS.

(iv)*Long-term departure exemption.* A vessel participating in the open access fishery that is required to have VMS under § 660.312 (b)(2) or 660.312 (b)(3) may be exempted from VMS provisions after the end of the fishing year in which it participated in the open access fishery, providing the vessel submits a completed exemption report signed by the vessel owner that includes a statement signed by the vessel owner indicating that the vessel will not be used to take and retain or possess groundfish in the EEZ or land groundfish taken in the EEZ during the new fishing year.

(v)*Emergency exemption.* Vessels required to have VMS under 660.312(b) may be exempted from VMS provisions in emergency situations that are beyond the vessel owner's control, including but not limited to: fire, flooding, or extensive physical damage to critical areas of the vessel. A vessel owner may apply for an emergency exemption from the VMS requirements specified in § 660.312(b) for his/her vessel by sending a written request to NMFS OLE specifying the following information: The reasons for seeking an exemption, including any supporting documents (e.g., repair invoices, photographs showing damage to the vessel, insurance claim forms, etc.); the time period for which the exemption is requested; and the location of the vessel while the exemption is in effect. NMFS OLE will issue a written determination granting or denying the emergency exemption request. A vessel will not be covered by the emergency exemption until NMFS OLE issues a determination granting the exemption. If an exemption is granted, the duration of the exemption will be specified in the NMFS OLE determination.

(vi)*Submission of exemption reports.* Signed long-term departure exemption reports must be submitted by fax or by emailing a electronic copy of the actual report. In the event of an emergency in which an emergency exemption request will be submitted, initial contact with NMFS OLE must be made by telephone, fax or email within 24 hours from when the incident occurred. Emergency exemption requests must be requested in writing within 72 hours from when the incident occurred. Other exemption reports must be submitted through the VMS or another method that is approved by NMFS OLE and announced in the **Federal Register** . Submission methods for exemption requests, except long-term departures and emergency exemption requests, may include email, facsimile, or telephone. NMFS OLE will provide, through appropriate media, instructions to the public on submitting exemption reports. Instructions and other information needed to make exemption reports may be mailed to the vessel owner's address of record. NMFS will bear no responsibility if a notification is sent to the address of record for the vessel owner and is not received because the vessel owner's actual address has changed without notification to NMFS, as required at § 660.335(a)(2). Owners of vessels required to use VMS who do not receive instructions by mail are responsible for contacting NMFS OLE during business hours at least 3 days before the exemption is required to obtain information needed to make exemption reports. NMFS OLE must be contacted during business hours (Monday through Friday between 0800 and 1700 Pacific Time).

(vii)*Valid exemption reports.* For an exemption report to be valid, it must be received by NMFS at least 2 hours and not more than 24 hours before the exempted activities defined at paragraph (d)(4)(i) through

(iv)of this section occur. An exemption report is valid until NMFS receives a report canceling the exemption. An exemption cancellation must be received at least 2 hours before the vessel re-enters the EEZ following an outside areas exemption; at least 2 hours before the vessel is placed back in the water following a haul out exemption; at least 2 hours before the vessel resumes fishing for any species of fish in state or Federal waters off the States of Washington, Oregon, or California after it has received a permit transfer exemption; or at least 2 hours before a vessel resumes fishing in the open access fishery after a long-term departure exemption. If a vessel is required to submit an activation report under § 660.312(d)(2)(i) before returning to fish, that report may substitute for the exemption cancellation. Initial contact must be made with NMFS OLE not more than 24 hours after the time that an emergency situation occurred in which VMS transmissions were disrupted and followed by a written emergency exemption request within 72 hours from when the incident occurred. If the emergency situation upon which an emergency exemption is based is resolved before the exemption expires, an exemption cancellation must be received by NMFS at least 2 hours before the vessel resumes fishing. 6. In § 660.335, paragraph (f)(1) is revised to read as follows: § 660.335 Limited entry permits - renewal, combination, stacking, change of permit ownership or permit holdership, and transfer.

(f)* * *

(1)A permit owner may designate the vessel registration for a permit as “unidentified,” meaning that no vessel has been identified as registered for use with that permit. No vessel is authorize to use a permit with the vessel registration designated as “unidentified.” A vessel owner who removes a permit from his vessel and registers that permit as “unidentified” is not exempt from VMS requirements at § 660.312 unless specifically authorized by that section. 7. In § 660.381, paragraph (b)(4), (c)(4),

(d)introductory text, (d)(4) and (d)(5) are revised to read as follows: § 660.381 Limited entry trawl fishery management measures.

(b)* * *

(4)*Large footrope trawl gear.* Large footrope gear is bottom trawl gear with a footrope diameter larger than 8 inches (20 cm) (including rollers, bobbins or other material encircling or tied along the length of the footrope). Fishing with bottom trawl gear with a footrope diameter greater than 19 inches (48 cm) (including rollers, bobbins, or other material encircling or tied along the length of the footrope) is prohibited anywhere in EFH within the EEZ, as defined by latitude/longitude coordinates at § 660.395. * * * * *

(c)* * *

(4)*More than one type of trawl gear on board.* The cumulative trip limits in Table 3 (North) or Table 3 (South) of this subpart must not be exceeded.

(i)The following restrictions apply to vessels operating north of 40°10′ N. lat.:

(A)A vessel may not have both groundfish trawl gear and non-groundfish trawl gear onboard simultaneously. A vessel may not have both bottom trawl gear and midwater trawl gear onboard simultaneously. A vessel may have more than one type of limited entry bottom trawl gear on board, either simultaneously or successively, during a cumulative limit period.

(B)If a vessel fishes exclusively with large or small footrope trawl gear during an entire cumulative limit period, the vessel is subject to the small or large footrope trawl gear cumulative limits and that vessel must fish seaward of the RCA during that limit period.

(C)If a vessel fishes exclusively with selective flatfish trawl gear during an entire cumulative limit period, then the vessel is subject to the selective flatfish trawl gear cumulative limits during that limit period, regardless of whether the vessel is fishing shoreward or seaward of the RCA.

(D)If more than one type of bottom trawl gear (selective flatfish, large footrope, or small footrope) is on board, either simultaneously or successively, at any time during a cumulative limit period, then the most restrictive cumulative limit associated with the bottom trawl gear on board during that cumulative limit period applies for the entire cumulative limit period, regardless of whether the vessel is fishing shoreward or seaward of the RCA.

(E)If a vessel fishes both north and south of 40°10′ N. lat. with any type of small footrope gear onboard the vessel at any time during the cumulative limit period, the most restrictive trip limit associated with the gear on board applies for that trip and will count toward the cumulative trip limit for that gear (See crossover provisions at § 660.370(h)(8).)

(F)Midwater trawl gear is allowed only for vessels participating in the primary whiting season.

(ii)The following restrictions apply to vessels operating south of 40°10′ N. lat.:

(A)A vessel may not have both groundfish trawl gear and non-groundfish trawl gear onboard simultaneously. A vessel may not have both bottom trawl gear and midwater trawl gear onboard simultaneously. A vessel may not have small footrope trawl gear and any other type of bottom trawl gear onboard simultaneously.

(B)For vessels using more than one type of trawl gear during a cumulative limit period, limits are additive up to the largest limit for the type of gear used during that period. (Example: If a vessel harvests 300 lb (136 kg) of chilipepper rockfish with small footrope gear, it may harvest up to 11,700 lb (5,209 kg) of chilipepper rockfish with large footrope gear during July and August 2007, because the largest cumulative limit for chilipepper rockfish during that period is 12,000 lb (5,443 kg)for large footrope gear.)

(C)If a vessel fishes both north and south of 40°10' N. lat. with any type of small footrope gear onboard the vessel at any time during the cumulative limit period, the most restrictive trip limit associated with the gear on board applies for that trip and will count toward the cumulative trip limit for that gear (See crossover provisions at § 660.370(h)(8).)

(d)*Groundfish Conservation Areas

(GCAs)applicable to trawl vessels.* A GCA, a type of closed area, is a geographic area defined by coordinates expressed in degrees of latitude and longitude. The latitude and longitude coordinates of the GCA boundaries are specified at §§ 660.390 through 660.394. A vessel that is fishing within a GCA listed in this paragraph(d) with trawl gear authorized for use within a GCA may not have any other type of trawl gear on board the vessel. The following GCAs apply to vessels participating in the limited entry trawl fishery.

(4)*Trawl rockfish conservation areas.* The trawl RCAs are closed areas, defined by specific latitude and longitude coordinates which are specified at §§ 660.390 through 660.394. Boundaries for the trawl RCAs applicable to groundfish trawl vessels throughout the year are provided in the header to Table 3 (North) and Table 3 (South) of this subpart and may be modified by NMFS inseason pursuant to § 660.370(c).

(i)It is unlawful to operate a vessel with trawl gear onboard within the trawl RCA, except for the purpose of continuous transiting, or when the use of trawl gear is authorized in this section. It is lawful to fish with groundfish trawl gear within the trawl RCA only under the following conditions: vessels fishing with mid-water trawl gear on Pacific whiting trips during the primary whiting season, provided a valid declaration report has been filed with NMFS OLE, as required at § 660.303(d); and vessels fishing with demersal seine gear between 38° N. lat. and 36° N. lat. shoreward of a boundary line approximating the 100 fm (183 m) depth contour as defined at § 660.393, provided a valid declaration report has been filed.

(ii)Trawl vessels may transit through an applicable GCA, with or without groundfish on board, provided all groundfish trawl gear is stowed either: below deck; or if the gear cannot readily be moved, in a secured and covered manner, detached from all towing lines, so that it is rendered unusable for fishing; or remaining on deck uncovered if the trawl doors are hung from their stanchions and the net is disconnected from the doors. These restrictions do not apply to vessels fishing with midwater trawl gear for whiting during a primary season.

(iii)It is unlawful to take and retain, possess, or land groundfish taken with limited entry trawl gear within the trawl RCA, unless otherwise authorized in this section.

(iv)If a vessel fishes in the trawl RCA, it may not participate in any fishing on that trip that is prohibited within the trawl RCA. [For example, if a vessel participates in the pink shrimp fishery within the RCA, the vessel cannot on the same trip participate in the DTS fishery seaward of the RCA.] Nothing in these Federal regulations supercedes any state regulations that may prohibit trawling shoreward of the fishery management area (3-200 nm).

(5)*Essential Fish Habitat Conservation Areas.* An EFHCA, a type of closed area, is a geographic area defined by coordinates expressed in degrees of latitude and longitude at § § 660.395 through 660.399, where specified types of fishing are prohibited in accordance with § 660.306. EFHCAs apply to vessels using bottom trawl gear or to vessels using “bottom contact gear,” which is defined at § 660.302 to include bottom trawl gear, among other gear types.

(i)The following EFHCAs apply to vessels operating within the West Coast EEZ with bottom trawl gear:

(A)*Seaward of a boundary line approximating the 700-fm (1280-m) depth contour.* Fishing with bottom trawl gear is prohibited in waters of depths greater than 700 fm (1280 m) within the EFH, as defined by specific latitude and longitude coordinates at § 660.395 and § 660.396.

(B)*Shoreward of a boundary line approximating the 100-fm (183 m) depth contour.* Fishing with bottom trawl gear with a footrope diameter greater than 8 inches (20 cm) is prohibited in waters shoreward of a boundary line approximating the 100-fm (183-m) depth contour, as defined by specific latitude and longitude coordinates at § 660.393.

(C)*EFHCAs for all bottom trawl gear.* Fishing with bottom trawl gear is prohibited within the following EFHCAs, which are defined by specific latitude and longitude coordinates at § 660.397 - .398: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.

(D)*EFHCAs for all bottom trawl gear, except demersal seine gear.* Fishing with bottom trawl gear except demersal seine gear (defined at § 660.302) is prohibited within the following EFHCAs, which are defined by specific latitude and longitude coordinates at § 660.399: Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod Conservation Area West), Catalina Island, Potato Bank (within Cowcod Conservation Area West), Cherry Bank (within Cowcod Conservation Area West), and Cowcod EFH Conservation Area East.

(ii)*EFHCAs for bottom contact gear, which includes bottom trawl gear.* Fishing with bottom contact gear, including bottom trawl gear is prohibited within the following EFHCAs, which are defined by specific latitude and longitude coordinates at §§ 660.398 through 660.399: Thompson Seamount, President Jackson Seamount, Cordell Bank (50 fm (91 m) isobath), Harris Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa Barbara. Fishing with bottom contact gear is also prohibited within the Davidson Seamount EFH Area, which is defined with specific latitude and longitude coordinates at § 660.395. 8. In § 660.382, paragraph

(c)introductory text, and paragraphs (c)(4)(i), (c)(4)(ii), (c)(5), and (c)(8) are revised to read as follows: § 660.382 Limited entry fixed gear fishery management measures.

(c)*Groundfish Conservation Areas applicable to limited entry fixed gear vessels.* A GCA, a type of closed area, is a geographic area defined by coordinates expressed in degrees of latitude and longitude. The latitude and longitude coordinates of the GCA boundaries are specified at §§ 660.390 through 660.394. A vessel that is authorized by this paragraph to fish within a GCA (e.g. fishing for “other flatfish” using no more than 12 hooks, “Number 2” or smaller), may not simultaneously have other gear on board the vessel that is unlawful to use for fishing within the GCA. The following GCAs apply to vessels participating in the limited entry fixed gear fishery.

(4)* * *

(i)Fishing for “other flatfish” is permitted within the CCAs under the following conditions: when using no more than 12 hooks, “Number 2” or smaller, which measure no more than 11 mm (0.44 inches) point to shank, and up to two 1 lb (0.45 kg) weights per line; and provided a valid declaration report as required at § 660.303(d) has been filed with NMFS OLE.

(ii)Fishing for rockfish and lingcod is permitted shoreward of the 20 fm (37 m) depth contour within the CCAs when trip limits authorize such fishing, and provided a valid declaration report as required at § 660.303(d) has been filed with NMFS OLE.

(5)*Non-trawl Rockfish Conservation Areas (RCA).* The non-trawl RCAs are closed areas, defined by specific latitude and longitude coordinates (specified at §§ 660.390 through 660.394) designed to approximate specific depth contours, where fishing for groundfish with non-trawl gear is prohibited. Boundaries for the non-trawl RCA throughout the year are provided in the header to Table 4 (North) and Table 4 (South) of this subpart and may be modified by NMFS inseason pursuant to § 660.370(c).

(i)It is unlawful to operate a vessel with limited entry non-trawl gear in the non-trawl RCA, except for the purpose of continuous transit, or when the use of limited entry non-trawl gear is authorized in Part 660. It is unlawful to take and retain, possess, or land groundfish taken with limited entry non-trawl gear within the non-trawl RCA, unless otherwise authorized in Part 660.

(ii)Limited entry non-trawl vessels may transit through the non-trawl RCA, with or without groundfish on board, provided all groundfish non-trawl gear is stowed either: below deck; or if the gear cannot readily be moved, in a secured and covered manner, detached from all lines, so that it is rendered unusable for fishing.

(iii)The non-trawl RCA restrictions in this section apply to vessels registered to fixed gear limited entry permits fishing for species other than groundfish with non-trawl gear on trips where groundfish species are retained. Unless otherwise authorized by Part 660, a vessel may not retain any groundfish taken on a fishing trip for species other than groundfish that occurs within the non-trawl RCA. If a vessel fishes in a non-groundfish fishery in the non-trawl RCA, it may not participate in any fishing for groundfish on that trip that is prohibited within the non-trawl RCA. [For example, if a vessel participates in the salmon troll fishery within the RCA, the vessel cannot on the same trip participate in the sablefish fishery outside of the RCA.]

(iv)It is lawful to fish within the non-trawl RCA with limited entry fixed gear only under the following conditions: when fishing for “other flatfish” off California (between 42° N. lat. south to the U.S./Mexico border) using no more than 12 hooks, “Number 2” or smaller, which measure no more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91 kg) weights per line when trip limits authorize such fishing, provided a valid declaration report as required at § 660.303(d) has been filed with NMFS OLE.

(8)*Essential Fish Habitat Conservation Areas.* An EFHCA, a type of closed area, is a geographic area defined by coordinates expressed in degrees of latitude and longitude at §§ 660.396 through 660.399, where specified types of fishing are prohibited in accordance with § 660.306. EFHCAs apply to vessels using “bottom contact gear,” which is defined at § 660.302 to include limited entry fixed gear (longline and pot/trap,) among other gear types. Fishing with all bottom contact gear, including longline and pot/trap gear, is prohibited within the following EFHCAs, which are defined by specific latitude and longitude coordinates at § 660.398 and § 660.399: Thompson Seamount, President Jackson Seamount, Cordell Bank (50 fm (91 m) isobath), Harris Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa Barbara. Fishing with bottom contact gear is also prohibited within the Davidson Seamount EFH Area, which is defined by specific latitude and longitude coordinates at § 660.395. 9. In § 660.383, paragraphs (b)(1),

(c)introductory text, (c)(5)(i), (c)(5)(ii), (c)(6), (c)(7), and (c)(10) are revised to read as follows: § 660.383 Open access fishery management measures.

(b)* * *

(1)*Non-groundfish trawl gear.* Non-groundfish trawl gear is any trawl gear other than limited entry groundfish trawl gear as described at § 660.381(b) and as defined at § 660.302 for trawl vessels with limited entry groundfish permits. Non-groundfish trawl gear is generally trawl gear used to target pink shrimp, ridgeback prawn, California halibut and sea cucumber. Non-groundfish trawl gear is exempt from the limited entry trawl gear restrictions at § 660.381(b). Fishing with bottom trawl gear with a footrope diameter greater than 19 inches (48 cm) (including rollers, bobbins, or other material encircling ro tied along the length of the footrope) is prohibited anywhere in EFH within the EEZ, as defined by latitude/longitude coordinates at § 660.395.

(c)*Groundfish Conservation Areas Affecting Open Access Vessels.* A GCA, a type of closed area, is a geographic area defined by coordinates expressed in degrees of latitude and longitude. A vessel that is authorized by this paragraph to fish within a GCA (e.g. fishing for “other flatfish” using no more than 12 hooks, “Number 2” or smaller), may not simultaneously have other gear on board the vessel that is unlawful to use for fishing within the GCA. The following GCAs apply to vessels participating in the open access groundfish fishery.

(5)* * *

(6)*Non-trawl Rockfish Conservation Areas for the open access fisheries.* The non-trawl RCAs are closed areas, defined by specific latitude and longitude coordinates (specified at §§ 660.390 through 660.394) designed to approximate specific depth contours, where fishing for groundfish with non-trawl gear is prohibited. Boundaries for the non-trawl RCA throughout the year are provided in the open access trip limit tables, Table 5 (North) and Table 5(South) of this subpart and may be modified by NMFS inseason pursuant to § 660.370(c).

(i)It is unlawful to operate a vessel in the non-trawl RCA that has non-trawl gear onboard and is not registered to a limited entry permit on a trip in which the vessel is used to take and retain or possess groundfish in the EEZ, or land groundfish taken in the EEZ, except for the purpose of continuous transiting, or when the use of non-trawl gear is authorized in part 660.

(ii)On any trip on which a groundfish species is taken with non-trawl open access gear and retained, the open access non-trawl vessel may transit through the non-trawl RCA only if all groundfish non-trawl gear is stowed either: below deck; or if the gear cannot readily be moved, in a secured and covered manner, detached from all lines, so that it is rendered unusable for fishing.

(iii)The non-trawl RCA restrictions in this section apply to vessels taking and retaining or possessing groundfish in the EEZ, or landing groundfish taken in the EEZ. Unless otherwise authorized by Part 660, a vessel may not retain any groundfish taken on a fishing trip for species other than groundfish that occurs within the non-trawl RCA. If a vessel fishes in a non-groundfish fishery in the non-trawl RCA, it may not participate in any fishing for groundfish on that trip that is prohibited within the non-trawl RCA. [For example, if a vessel participates in the salmon troll fishery within the RCA, the vessel cannot on the same trip participate in the sablefish fishery outside of the RCA.]

(iv)Fishing for “other flatfish” off California (between 42° N. lat. south to the U.S./Mexico border) is permitted within the non-trawl RCA with fixed gear only under the following conditions: when using no more than 12 hooks, “Number 2” or smaller, which measure no more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91 kg) weights per line when trip limits authorize such fishing; and provided a valid declaration report as required at § 660.303(d) has been filed with NMFS OLE.

(7)*Non-groundfish Trawl Rockfish Conservation Areas for the open access non-groundfish trawl fisheries.* The non-groundfish trawl RCAs are closed areas, defined by specific latitude and longitude coordinates (specified at §§ 660.390 through 660.394) designed to approximate specific depth contours, where fishing for groundfish with non-trawl gear is prohibited. Boundaries for the non-trawl RCA throughout the year are provided in the open access trip limit tables, Table 5 (North) and Table 5 (South) of this subpart and may be modified by NMFS inseason pursuant to § 660.370(c).

(i)It is unlawful to operate in the non-groundfish trawl RCA with non-groundfish trawl gear onboard, except for the purpose of continuous transiting, or when the use of trawl gear is authorized in part 660. It is unlawful to take and retain, possess, or land groundfish taken with non-groundfish trawl gear within the non-trawl RCA, unless otherwise authorized in part 660.

(ii)Non-groundfish trawl vessels may transit through the non-groundfish trawl RCA, with or without groundfish on board, provided all non-groundfish trawl gear is stowed either: below deck; or if the gear cannot readily be moved, in a secured and covered manner, detached from all towing lines, so that it is rendered unusable for fishing; or remaining on deck uncovered if the trawl doors are hung from their stanchions and the net is disconnected from the doors.

(iii)The non-groundfish trawl RCA restrictions in this section apply to vessels taking and retaining or possessing groundfish in the EEZ, or landing groundfish taken in the EEZ. Unless otherwise authorized by Part 660, it is unlawful for a vessel to retain any groundfish taken on a fishing trip for species other than groundfish that occurs within the non-groundfish trawl RCA. If a vessel fishes in a non-groundfish fishery in the non-groundfish trawl RCA, it may not participate in any fishing on that trip that is prohibited within the non-groundfish trawl RCA. [For example, if a vessel participates in the pink shrimp fishery within the RCA, the vessel cannot on the same trip participate in the DTS fishery seaward of the RCA.] Nothing in these Federal regulations supercedes any state regulations that may prohibit trawling shoreward of the fishery management area (3-200 nm).

(iv)It is lawful to fish with non-groundfish trawl gear within the non-groundfish trawl RCA only under the following conditions:

(A)Pink shrimp trawling is permitted in the non-groundfish trawl RCA when a valid declaration report as required at § 660.303(d) has been filed with NMFS OLE. Groundfish caught with pink shrimp trawl gear may be retained anywhere in the EEZ and are subject to the limits in Table 5 (North) and Table 5 (South) of this subpart.

(B)When the shoreward line of the trawl RCA is shallower than 100 fm (183 m), vessels using ridgeback prawn trawl gear south of 34°27.00′ N. lat. may operate out to the 100 fm (183 m) boundary line specified at § 660.393 when a valid declaration report as required at § 660.303(d) has been filed with NMFS OLE. Groundfish caught with ridgeback prawn trawl gear are subject to the limits in Table 5 (North) and Table 5 (South) of this subpart.

(10)*Essential Fish Habitat Conservation Areas.* An EFHCA, a type of closed area, is a geographic area defined by coordinates expressed in degrees of latitude and longitude at §§ 660.396 through 660.399, where specified types of fishing are prohibited in accordance with § 660.306. EFHCAs apply to vessels using bottom trawl gear and or vessels using “bottom contact gear,” which is defined at § 660.302 and includes, but is not limited to: beam trawl, bottom trawl, dredge, fixed gear, set net, demersal seine, dinglebar gear, and other gear (including experimental gear) designed or modified to make contact with the bottom.

(i)The following EFHCAs apply to vessels operating within the West Coast EEZ with bottom trawl gear:

(B)*Shoreward of a boundary line approximating the 100-fm (183-m) depth contour.* Fishing with bottom trawl gear with a footrope diameter greater than 8 inches (20 cm) is prohibited in waters shoreward of a boundary line approximating the 100-fm (183-m) depth contour, as defined by specific latitude and longitude coordinates at § 660.393.

(C)*EFHCAs for all bottom trawl gear.* Fishing with all bottom trawl gear is prohibited within the following EFHCAs, which are defined by specific latitude and longitude coordinates at §§ 660.397 through 660.398: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.

(ii)*EFHCAs for all bottom trawl gear, except demersal seine gear.* Fishing with all bottom trawl gear except demersal seine gear (defined at § 660.302) is prohibited within the following EFHCAs, which are defined by specific latitude and longitude coordinates at § 660.399: Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod Conservation Area West), Catalina Island, Potato Bank (within Cowcod Conservation Area West), Cherry Bank (within Cowcod Conservation Area West), and Cowcod EFH Conservation Area East.

(iii)*EFHCAs for bottom contact gear, which includes bottom trawl gear.* Fishing with bottom contact gear is prohibited within the following EFHCAs, which are defined by specific latitude and longitude coordinates at §§ 660.398-.399: Thompson Seamount, President Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa Barbara. Fishing with bottom contact gear is also prohibited within the Davidson Seamount EFH Area, which is defined by specific latitude and longitude coordinates at § 660.395. [FR Doc. E7-23812 Filed 12-6-07; 8:45 am] BILLING CODE 3510-22-S 72 235 Friday, December 7, 2007 Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007-1059-200748b; FRL-8502-9] Approval and Promulgation of Implementation Plans Georgia: Enhanced Inspection and Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Georgia State Implementation Plan, submitted by the Georgia Department of Natural Resources, through the Georgia Environmental Protection Division, on September 26, 2007. The revisions include modifications to Georgia's Air Quality Rules found at Chapter 391-3-20-.21, pertaining to rules for Enhanced Inspection and Maintenance (I/M). Enhanced I/M was required for 1-hour nonattainment areas classified as serious and above, under the Clean Air Act

(404)562-9019. 4. *Mail:* “EPA-R04-OAR-2007-1059,” Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 5. *Hand Delivery or Courier:* Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30 p.m., excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this **Federal Register** for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is

(404)562-8965. Ms. Harder can also be reached via electronic mail at *harder.stacy@epa.gov.* SUPPLEMENTARY INFORMATION: For additional information, see the direct final rule which is published in the Rules Section of this **Federal Register** . Dated: November 28, 2007. J.I. Palmer, Jr., Regional Administrator, Region 4. [FR Doc. E7-23713 Filed 12-6-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-HQ-OAR-2007-0011; FRL-8503-3] RIN 2060-AN72 Standards of Performance for Petroleum Refineries AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Data Availability (NODA). SUMMARY: EPA is issuing this NODA in support of the proposed rule published on May 14, 2007, entitled Standards of Performance for Petroleum Refineries. EPA received a number of comments on the proposed rule and is in the process of evaluating those comments. During the review of recently received comments, we determined that data and analyses were inadvertently left out of the docket EPA-HQ-OAR-2007-0011. This NODA notifies the public that we have added data and analyses to the docket and provides an additional comment period for the proposed rule. Comments on all aspects of this proposal are welcome. DATES: Comments must be received on or before January 7, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2007-0011, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-Docket@epa.gov* . • *Fax:*

(202)566-1741. • *Mail:* EPA Docket Center (2822T), Docket ID No. EPA-HQ-OAR-2007-0011, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. In addition, please mail a copy of your comments on information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503. • *Hand Delivery:* In person or by courier, deliver comments to: EPA Docket Center (2822T), EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments on the NODA to Docket ID No. EPA-HQ-OAR-2007-0011. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be confidential business information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information may not be publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material will be publicly available only in hard copy. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the EPA Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the EPA Docket Center is

(202)566-1742. To expedite review of your comments by Agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Mr. Robert B. Lucas, identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Mr. Robert B. Lucas, U.S. EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (E143-01), Research Triangle Park, NC 27711; telephone number:

(919)541-0884; e-mail address: *lucas.bob@epa.gov* . SUPPLEMENTARY INFORMATION: *Submitting CBI.* Do not submit information that you consider to be CBI electronically through *www.regulations.gov or e-mail.* Send or deliver information identified as CBI only to the following address: Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711, Attention Docket ID EPA-HQ-OAR-2007-0011. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section. *Worldwide Web (WWW).* In addition to being available in the docket, an electronic copy of the proposed rule published on May 14, 2007, is available on the WWW through the Technology Transfer Network (TTN). A copy of the proposed rule is posted on the TTN's policy and guidance page for newly proposed or promulgated rules at *http://www.epa.gov/ttn/oarpg.* The TTN provides information and technology exchange in various areas of air pollution control. List of Subjects for 40 CFR Part 60 Environmental protection, Air pollution control, New source performance standards, Reporting and recordkeeping requirements. Dated: November 30, 2007. Jennifer E.N. Edmonds, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. E7-23824 Filed 12-6-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 231 RIN 0750-AF85 Defense Federal Acquisition Regulation Supplement; Allowability of Costs To Lease Government Equipment for Display or Demonstration (DFARS Case 2007-D004) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule with request for comments. SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address limitations on the allowability of contractor costs associated with the leasing of Government equipment for display or demonstration. The proposed rule specifies that monies paid to the Government for the leasing of Government equipment are unallowable, except in the case of foreign military sales contracts. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before February 5, 2008, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2007-D004, using any of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail:* *dfars@osd.mil.* Include DFARS Case 2007-D004 in the subject line of the message. • *Fax:* 703-602-7887. • *Mail:* Defense Acquisition Regulations System, Attn: Mr. John McPherson, OUSD (AT&L) DPAP (CPF), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. • *Hand Delivery/Courier:* Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Comments received generally will be posted without change to *http://www.regulations.gov,* including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mr. John McPherson, 703-602-0296. SUPPLEMENTARY INFORMATION: A. Background DoD Directive 7230.8, Leases and Demonstrations of DoD Equipment, contains policy on the leasing of DoD equipment to defense contractors for demonstration to foreign governments or for display or demonstration at international trade shows and exhibitions. In addition to the leasing of equipment, contractors may obtain related support services from DoD. The Directive provides that the contractor leasing the equipment may not recover the DoD charges associated with the lease, directly or indirectly through any U.S. Government contract, except to the extent chargeable to contracts for foreign military sales. For consistency with the policy in DoD Directive 7230.8, this proposed rule adds DFARS text to address the limitations on the allowability of costs associated with the leasing of Government equipment. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the rule is consistent with existing DoD policy, and applies only in those situations where a contractor chooses to lease military equipment for display or demonstration purposes. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2007-D004. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Parts 225 and 231 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR parts 225 and 231 as follows: 1. The authority citation for 48 CFR parts 225 and 231 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 225—FOREIGN ACQUISITION 2. Section 225.7303-2 is amended by revising paragraph

(b)and adding paragraph

(e)to read as follows: 225.7303-2 Cost of doing business with a foreign government or an international organization.

(b)Costs not allowable under FAR Part 31 are not allowable in pricing FMS contracts, except as noted in paragraphs

(c)and

(e)of this subsection.

(e)The limitations on allowability of costs associated with leasing Government equipment, in 231.205-1, do not apply to FMS contracts. PART 231—CONTRACT COST PRINCIPLES AND PROCEDURES 3. Section 231.205-1 is added to read as follows: 231.205-1 Public relations and advertising costs.

(e)See 225.7303-2(e) for allowability provisions affecting foreign military sales contracts.

(f)Unallowable public relations and advertising costs also include monies paid to the Government associated with the leasing of Government equipment, including lease payments and reimbursement for support services, except for foreign military sales contracts as provided for at 225.7303-2. [FR Doc. E7-23654 Filed 12-6-07; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 228, 231, and 252 RIN 0750-AF72 Defense Federal Acquisition Regulation Supplement; Ground and Flight Risk Clause (DFARS Case 2007-D009) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule with request for comments. SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and combine contract clauses addressing assumption of risk for loss under contracts involving the furnishing of aircraft to the Government. The proposed rule establishes requirements that apply consistently to all contract types. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before February 5, 2008 to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2007-D009, using any of the following methods: *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. *E-mail:* *dfars@osd.mil.* Include DFARS Case 2007-D009 in the subject line of the message. *Fax:* 703-602-7887. *Mail:* Defense Acquisition Regulations System, Attn: Ms. Robin Schulze, OUSD (AT&L) DPAP (CPF), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. *Hand Delivery/Courier:* Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Comments received generally will be posted without change to *http://www.regulations.gov,* including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, 703-602-0326. SUPPLEMENTARY INFORMATION A. Background The clauses at DFARS 252.228-7001, Ground and Flight Risk, and DFARS 252.228-7002, Aircraft Flight Risk, are presently used in contracts involving the furnishing of aircraft to the Government. The clause at 252.228-7001 is used in negotiated fixed-price contracts, and the clause at 252.228-7002 is used in cost-reimbursement contracts. This proposed rule revises and combines the two clauses into a single ground and flight risk clause, to establish requirements that apply consistently to all contract types. In addition, a new section is added at DFARS 231.205-19 to specifically reference the treatment of insurance costs under the new clause and the existing clause at DFARS 252.217-7012, Liability and Insurance. The proposed changes include— ○ Addition of a requirement for inclusion of the clause in all subcontracts; ○ Addition of a statement that the Government property clause is not applicable if the Government withdraws its self-insurance coverage; ○ Addition of a statement that commercial insurance costs or self-insurance charges that duplicate the Government's self-insurance are unallowable; and ○ Establishment of a share of loss for the contractor that is the lesser of $100,000 or 20 percent of the estimated contract cost or price. This is consistent with the contractor share of loss presently specified in the clause at 252.228-7002. The clause at 252.228-7001 presently prescribes a share of loss of $25,000 for the contractor. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. A copy of the analysis may be obtained from the point of contact specified herein. The analysis is summarized as follows: The objective of the proposed rule is to clearly and consistently address the responsibilities of the Government and the contractor with regard to incidents that may occur under contracts involving the furnishing of aircraft to the Government. The proposed rule will apply to DoD contractors, and their subcontractors, under contracts for the acquisition, development, production, or servicing of aircraft. Excluded are contracts for activities strictly incidental to the normal operations of an aircraft; contracts awarded under FAR Part 12, Acquisition of Commercial Items; and contracts where a non-DoD customer does not assume risk for loss of or damage to the aircraft. The impact on small entities is unknown at this time. However, historically, most contractors engaged in this type of contract have been large business concerns. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2007-D009. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Parts 228, 231, and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR parts 228, 231, and 252 as follows: 1. The authority citation for 48 CFR parts 228, 231, and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 228—BONDS AND INSURANCE 2. Section 228.370 is amended as follows: a. By revising paragraph (b); b. By removing paragraph (c); and c. By redesignating paragraphs

(d)through

(f)as paragraphs

(c)through

(e)respectively. The revised text reads as follows: 228.370 Additional clauses. (b)(1) Use the clause at 252.228-7001, Ground and Flight Risk, in solicitations and contracts for the acquisition, development, production, modification, maintenance, repair, or overhaul of aircraft, except those solicitations and contracts—

(i)That are strictly for activities incidental to the normal operations of the aircraft (e.g., refueling operations, minor non-structural actions not requiring towing such as replacing aircraft tires due to wear and tear);

(ii)That use FAR Part 12 procedures and are for the development or production of aircraft; or

(iii)For which a non-DoD customer (including a foreign military sales customer) has not agreed to assume the risk for loss or destruction of, or damages to, the aircraft.

(2)The clause at 252.228-7001 may be modified only as follows:

(i)Include a modified definition of “aircraft” if the contract covers other than conventional types of winged aircraft, i.e., helicopters, vertical take-off or landing aircraft, lighter-than-air airships, unmanned aerial vehicles, or other nonconventional aircraft. The modified definition should describe a stage of manufacture comparable to the standard definition.

(ii)Modify “in the open” to include “hush houses,” test hangars and comparable structures, and other designated areas.

(iii)Expressly define the “contractor's premises” where the aircraft will be located during and for contract performance. These locations may include contract premises which are owned or leased by the contractor or subcontractor, or premises where the contractor or subcontractor is a permittee or licensee or has a right to use, including Government airfields.

(iv)Revise paragraph (e)(3) of the clause to provide Government assumption of risk for transportation by conveyance on streets or highways when transportation is—

(A)Limited to the vicinity of contractor premises; and

(B)Incidental to work performed under the contract.

(3)Follow the procedures at PGI 228.370(b) when using the clause at 252.228-7001. PART 231—CONTRACT COST PRINCIPLES AND PROCEDURES 3. Section 231.205-19 is added to read as follows: 231.205-19 Insurance and indemnification.

(e)In addition to the cost limitations in FAR 31.205-19(e), self-insurance and purchased insurance costs are subject to the requirements of the clauses at 252.217-7012, Liability and Insurance, and 252.228-7001, Ground and Flight Risk. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Section 252.228-7001 is revised to read as follows: 252.228-7001 Ground and Flight Risk. As prescribed in 228.370(b), use the following clause: Ground and Flight Risk (XXX 2007)

(a)*Definitions* . As used in this clause—

(1)*Aircraft* , unless otherwise provided in the contract Schedule, means—

(i)Aircraft to be delivered to the Government under this contract (either before or after Government acceptance), including complete aircraft and aircraft in the process of being manufactured, disassembled, or reassembled; provided that an engine, portion of a wing or a wing is attached to a fuselage of the aircraft;

(ii)Aircraft, whether in a state of disassembly or reassembly, furnished by the Government to the Contractor under this contract, including all Government property installed, in the process of installation, or temporarily removed; provided that the aircraft and property are not covered by a separate bailment agreement;

(iii)Aircraft furnished by the Contractor under this contract (either before or after Government acceptance); or

(iv)Conventional winged aircraft, as well as helicopters, vertical take-off or landing aircraft, lighter-than-air airships, unmanned aerial vehicles, or other nonconventional aircraft specified in this contract.

(2)*Contractor's managerial personnel* means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or other equivalent representatives who supervise or direct all or substantially all of the Contractor's—

(i)Business;

(ii)Operations at any one plant or separate location at which this contract is performed; or

(iii)Operations at a separate and complete major industrial operation in connection with the performance of this contract.

(3)*Contractor's premises* means those premises, including subcontractors' premises, designated in the Schedule or in writing by the Contracting Officer, and any other place the aircraft is moved for safeguarding.

(4)*Flight* means any flight demonstration, flight test, taxi test, or other flight made in the performance of this contract, or for the purpose of safeguarding the aircraft, or previously approved in writing by the Contracting Officer.

(i)For land-based aircraft, “flight” begins with the taxi roll from a flight line on the Contractor's premises and continues until the aircraft has completed the taxi roll in returning to a flight line on the Contractor's premises.

(ii)For seaplanes, “flight” begins with the launching from a ramp on the Contractor's premises and continues until the aircraft has completed its landing run and is beached at a ramp on the Contractor's premises.

(iii)For helicopters, “flight” begins upon engagement of the rotors for the purpose of take-off from the Contractor's premises and continues until the aircraft has returned to the ground on the Contractor's premises and the rotors are disengaged.

(iv)For vertical take-off or landing aircraft, “flight” begins upon disengagement from any launching platform or device on the Contractor's premises and continues until the aircraft has been engaged to any launching platform or device on the Contractor's premises.

(v)All aircraft off the Contractor's premises shall be considered to be in flight when on the ground or water for reasonable periods of time following emergency landings, landings made in performance of this contract, or landings approved in writing by the Contracting Officer.

(5)*Flight crew member* means the pilot, the co-pilot, and, unless otherwise provided in the Schedule, the flight engineer, navigator, and bombardier-navigator when assigned to their respective crew positions for the purpose of conducting any flight on behalf of the Contractor. It also includes any pilot or operator of an unmanned aerial vehicle. If required, a defense systems operator may also be assigned as a flight crew member.

(6)*In the open* means located wholly outside of buildings on the Contractor's premises or other places described in the Schedule as being “in the open.” Government-furnished aircraft shall be considered to be located “in the open” at all times while in the Contractor's possession, care, custody, or control.

(7)*Operation* means operations and tests of the aircraft and its installed equipment, accessories, and power plants, while the aircraft is in the open or in motion. The term does not apply to aircraft on any production line or in flight.

(b)*Combined regulation/instruction* . The Contractor shall be bound by the operating procedures contained in the combined regulation/instruction entitled “Contractor's Flight and Ground Operations” (Air Force Instruction 10-220, Army Regulation 95-20, NAVAIR Instruction 3710.1 (Series), Coast Guard Instruction M13020.3, and Defense Contract Management Agency Instruction 8210.1) in effect on the date of contract award.

(c)*Government as self-insurer* . Subject to the conditions in paragraph

(d)of this clause, the Government self-insures and assumes the risk of damage to, or loss or destruction of aircraft “in the open,” during “operation,” and in “flight,” except as may be specifically provided in the Schedule as an exception to this clause. The Contractor shall not be liable to the Government for such damage, loss, or destruction beyond the Contractor's share of loss amount under the Government's self-insurance.

(d)*Conditions for Government's self-insurance* . The Government's assumption of risk for aircraft in the open shall continue unless the Contracting Officer finds that the Contractor has failed to comply with paragraph

(b)of this clause, or that the aircraft is in the open under unreasonable conditions, and the Contractor fails to take prompt corrective action.

(1)The Contracting Officer, when finding that the Contractor has failed to comply with paragraph

(b)of this clause or that the aircraft is in the open under unreasonable conditions, shall notify the Contractor in writing and shall require the Contractor to make corrections within a reasonable time.

(2)Upon receipt of the notice, the Contractor shall promptly correct the cited conditions, regardless of whether there is agreement that the conditions are unreasonable.

(i)If the Contracting Officer later determines that the cited conditions were not unreasonable, an equitable adjustment shall be made in the contract price for any additional costs incurred in correcting the conditions.

(ii)Any dispute as to the unreasonableness of the conditions or the equitable adjustment shall be considered a dispute under the Disputes clause of this contract.

(3)If the Contracting Officer finds that the Contractor failed to act promptly to correct the cited conditions or failed to correct the conditions within a reasonable time, the Contracting Officer may terminate the Government's assumption of risk for any aircraft in the open under the cited conditions. The termination will be effective at 12:01 a.m. on the fifteenth day following the day the written notice is received by the Contractor.

(i)If the Contracting Officer later determines that the Contractor acted promptly to correct the cited conditions or that the time taken by the Contractor was not unreasonable, an equitable adjustment shall be made in the contract price for any additional costs incurred as a result of termination of the Government's assumption of risk.

(ii)Any dispute as to the timeliness of the Contractor's action or the equitable adjustment shall be considered a dispute under the Disputes clause of this contract.

(4)If the Government terminates its assumption of risk pursuant to the terms of this clause—

(i)The Contractor shall thereafter assume the entire risk for damage, loss, or destruction of the affected aircraft;

(ii)Any costs incurred by the Contractor (including the costs of the Contractor's self-insurance, insurance premiums paid to insure the Contractor's assumption of risk, deductibles associated with such purchased insurance, etc.) to mitigate its assumption of risk are unallowable costs; and

(iii)The Government Property clause of this contract is not applicable to the affected aircraft.

(5)The Contractor shall promptly notify the Contracting Officer when unreasonable conditions have been corrected.

(i)If, upon receipt of the Contractor's notice of the correction of the unreasonable conditions, the Government elects to again assume the risk of loss and relieve the Contractor of its liability for damage, loss, or destruction of the aircraft, the Contracting Officer will notify the Contractor of the Contracting Officer's decision to resume the Government's risk of loss. The Contractor shall be entitled to an equitable adjustment in the contract price for any insurance costs extending from the end of the third working day after the Government's receipt of the Contractor's notice of correction until the Contractor is notified that the Government will resume the risk of loss.

(ii)If the Government does not again assume the risk of loss and the unreasonable conditions have been corrected, the Contractor shall be entitled to an equitable adjustment for insurance costs, if any, extending after the third working day after the Government's receipt of the Contractor's notice of correction.

(6)The Government's termination of its assumption of risk of loss does not relieve the Contractor of its obligation to comply with all other provisions of this clause, including the combined regulation/instruction entitled “Contractor's Flight and Ground Operations.”

(e)*Exclusions from the Government's assumption of risk.* The Government's assumption of risk shall not extend to damage, loss, or destruction of aircraft which—

(1)Results from failure of the Contractor, due to willful misconduct or lack of good faith of any of the Contractor's managerial personnel, to maintain and administer a program for the protection and preservation of aircraft in the open and during operation in accordance with sound industrial practice, including oversight of such a program of a subcontractor;

(2)Is sustained during flight if either the flight or the flight crew members have not been approved in advance of any flight in writing by the Government Flight Representative, who has been authorized in accordance with the combined regulation/instruction entitled “Contractor's Flight and Ground Operations”;

(3)Occurs in the course of transportation by rail, or by conveyance on public streets, highways, or waterways, except for Government-furnished property;

(4)Is covered by insurance;

(5)Consists of wear and tear; deterioration (including rust and corrosion); freezing; or mechanical, structural, or electrical breakdown or failure, unless these are the result of other loss, damage or destruction covered by this clause. (This exclusion does not apply to Government-furnished property if damage consists of reasonable wear and tear or deterioration, or results from inherent vice, e.g., a known condition or design defect in the property); or

(6)Is sustained while the aircraft is being worked on and is a direct result of the work unless such damage, loss, or destruction would be covered by insurance which would have been maintained by the Contractor, but for the Government's assumption of risk.

(f)*Contractor's share of loss and Contractor's deductible under the Government's self-insurance.*

(1)The Contractor assumes the risk of loss and shall be responsible for the Contractor's share of loss under the Government's self-insurance. That share is the lesser of—

(i)The first $100,000 of loss or damage to aircraft in the open, during operation, or in flight resulting from each separate event, except for reasonable wear and tear and to the extent the loss or damage is caused by negligence of Government personnel; or

(ii)Twenty percent of the estimated price or cost of this contract.

(2)If the Government elects to require that the aircraft be replaced or restored by the Contractor to its condition immediately prior to the damage, the equitable adjustment in the price authorized by paragraph

(j)of this clause shall not include the dollar amount of the risk assumed by the Contractor.

(3)In the event the Government does not elect repair or replacement, the Contractor agrees to credit the contract price or pay the Government, as directed by the Contracting Officer, the lesser of—

(i)$100,000;

(ii)Twenty percent of the estimated price or cost of this contract; or

(iii)The amount of the loss.

(4)The costs incurred by the Contractor for its share of the loss and for insuring against that loss are unallowable costs, including but not limited to—

(i)The Contractor's share of loss under the Government's self-insurance;

(ii)The costs of the Contractor's self-insurance;

(iii)The deductible for any Contractor-purchased insurance;

(iv)Insurance premiums paid for Contractor-purchased insurance; and

(v)Costs associated with determining, litigating, and defending against the Contractor's liability.

(g)*Subcontractor possession or control.* The Contractor shall not be relieved from liability for damage, loss, or destruction of aircraft while such aircraft is in the possession or control of its subcontractors, except to the extent that the subcontract, with the written approval of the Contracting Officer, provides for relief from each liability. In the absence of approval, the subcontract shall contain provisions requiring the return of aircraft in as good condition as when received, except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of this contract.

(h)*Contractor's exclusion of insurance costs.* The Contractor warrants that the contract price does not and will not include, except as may be authorized in this clause, any charge or contingency reserve for insurance covering damage, loss, or destruction of aircraft while in the open, during operation, or in flight when the risk has been assumed by the Government, including the Contractor share of loss in this clause, even if the assumption may be terminated for aircraft in the open.

(i)*Procedures in the event of loss.*

(1)In the event of damage, loss, or destruction of aircraft in the open, during operation, or in flight, the Contractor shall take all reasonable steps to protect the aircraft from further damage, to separate damaged and undamaged aircraft, and to put all aircraft in the best possible order. Except in cases covered by paragraph (f)(2) of this clause, the Contractor shall furnish to the Contracting Officer a statement of—

(i)The damaged, lost, or destroyed aircraft;

(ii)The time and origin of the damage, loss, or destruction;

(iii)All known interests in commingled property of which aircraft are a part; and

(iv)The insurance, if any, covering the interest in commingled property.

(2)The Contracting Officer will make an equitable adjustment for expenditures made by the Contractor in performing the obligations under this paragraph.

(j)*Loss prior to delivery.*

(1)If prior to delivery and acceptance by the Government, aircraft is damaged, lost, or destroyed and the Government assumed the risk, the Government shall either—

(i)Require that the aircraft be replaced or restored by the Contractor to the condition immediately prior to the damage, in which event the Contracting Officer will make an equitable adjustment in the contract price and the time for contract performance; or

(ii)Terminate this contract with respect to the aircraft. Notwithstanding the provisions in any other termination clause under this contract, in the event of termination, the Contractor shall be paid the contract price for the aircraft (or, if applicable, any work to be performed on the aircraft) less any amount the Contracting Officer determines—

(A)It would have cost the Contractor to complete the aircraft (or any work to be performed on the aircraft) together with anticipated profit on uncompleted work; and

(B)Would be the value of the damaged aircraft or any salvage retained by the Contractor.

(2)The Contracting Officer shall prescribe the manner of disposition of the damaged, lost, or destroyed aircraft, or any parts of the aircraft. If any additional costs of such disposition are incurred by the Contractor, a further equitable adjustment will be made in the amount due the Contractor. Failure of the parties to agree upon termination costs or an equitable adjustment with respect to any aircraft shall be considered a dispute under the Disputes clause of this contract.

(k)*Reimbursement from a third party.* In the event the Contractor is reimbursed or compensated by a third party for damage, loss, or destruction of aircraft and has also been compensated by the Government, the Contractor shall equitably reimburse the Government. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for damage, loss, or destruction. Upon the request of the Contracting Officer or authorized representative, the Contractor shall at Government expense furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment or subrogation) in obtaining recovery.

(l)*Subcontracts.* The Contractor shall incorporate the requirements of this clause, including this paragraph (l), in all subcontracts. (End of clause) 252.228-7002 [Removed] 5. Section 252.228-7002 is removed and reserved. 252.228-7003 [Amended] 6. Section 252.228-7003 is amended in the introductory text by removing “228.370(d)” and adding in its place “228.370(c)”. 252.228-7005 [Amended] 7. Section 252.228-7005 is amended in the introductory text by removing “228.370(e)” and adding in its place “228.370(d)”. 252.228-7006 [Amended] 8. Section 252.228-7006 is amended in the introductory text by removing “228.370(f)” and adding in its place “228.370(e)”. [FR Doc. E7-23657 Filed 12-6-07; 8:45 am] BILLING CODE 5001-08-P 72 235 Friday, December 7, 2007 Notices COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed additions to the procurement list. SUMMARY: The Committee is proposing to add to the Procurement List products and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. *Comments Must be Received on or Before:* January 7, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Kimberly M. Zeich, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. If the Committee approves the proposed additions, the entities of the Federal Government identified in the notice for each product or service will be required to procure the products and service listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and service to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and service proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following products and services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Products Brush, Dish, Ergo, Soap Squirting & Refill NSN: M.R. 871. NSN: M.R. 872. Coverage: C-List for the requirements of the Defense Commissary Agency, Fort Lee, VA. NPA: Cincinnati Association for the Blind, Cincinnati, OH. Liner, Low Density, Linear NSN: 8105-00-NIB-1292. Coverage: C-List for the requirements of the Defense Commissary Agency, Fort Lee, VA. NPA: Envision, Inc., Wichita, KS. Contracting Activity: Defense Commissary Agency (DeCA), Fort Lee, VA. Pallet, Demo Sideboard NSN: 3990CAAA9243—30” X 44”. Coverage: C-List for the requirements of the Crane Army Ammunition Activity, Crane, IN. NPA: Bona Vista Programs, Inc., Kokomo, IN. Contracting Activity: U.S. Department of the Defense, Crane Army Ammunition Activity, Crane, IN. Service Service Type/Location: Custodial Services, National Institute of Standards & Technology (NIST), Facility-Wide, Gaithersburg, MD. NPA: Didlake, Inc., Manassas, VA. Contracting Activity: National Institutes of Standards & Technology, Gaithersburg, MD. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E7-23790 Filed 12-6-07; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions from the Procurement List. SUMMARY: This action adds to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products and services previously furnished by such agencies. DATES: *Effective Date:* January 7, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On October 12, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 58051) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the services and impact of the additions on the current or most recent contractors, the Committee has determined that the services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the services to the Government. 2. The action will result in authorizing small entities to furnish the services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the services proposed for addition to the Procurement List. End of Certification Accordingly, the following services are added to the Procurement List: Services *Service Type/Location:* Janitorial Services, Ventura Veterans Center, 790 East Santa Clara Street, Ventura, CA. *NPA:* Association for Retarded Citizens—Ventura County, Inc., Ventura, CA. *Contracting Activity:* Department of Veterans Affairs, Long Beach, CA. *Service Type/Location:* Medical Transcription, Naval Medical Center (NMCSD), 34800 Bob Wilson Drive, San Diego, CA. *NPA:* Lighthouse for the Blind of Houston, Houston, TX. *Contracting Activity:* Fleet and Industrial Supply Center, San Diego, CA. Deletions On October 12, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 58051) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the products and services listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services deleted from the Procurement List. End of Certification Accordingly, the following products and services are deleted from the Procurement List: Products Meal Kits *NSN:* 8970-01-E59-0242B. *NSN:* 8970-01-E59-0243B. *NPA:* UNKNOWN. *Contracting Activity:* U.S. Property and Fiscal Officer for Louisiana, New Orleans, LA. Meal Kits *NSN:* 8970-00-NSH-0012A. *NSN:* 8970-00-NSH-0013A. *NSN:* 8970-01-E59-0239B. *NSN:* 8970-01-E59-0240B. *NSN:* 8970-01-E59-0241B. *NSN:* 8970-01-E59-0244B. *NSN:* 8970-01-E59-0245A. *NPA:* UNKNOWN. *Contracting Activity:* U.S. Property and Fiscal Officer for Louisiana, New Orleans, LA. *Contracting Activity:* National Guard Bureau, Oklahoma, OK. *Contracting Activity:* National Guard Bureau, Topeka, KS. Services *Service Type/Location:* Custodial Services, Department of Homeland Security, Border Patrol—Curlew Station, Curlew, WA. *NPA:* Ferry County Community Services, Republic, WA. *Contracting Activity:* U.S. Bureau of Customs & Border Protection, Spokane, WA. *Service Type/Location:* Janitorial/Custodial, Naval & Marine Corps Reserve Center, Billings, MT. *NPA:* Community Option Resource Enterprises, Inc., Billings, MT. *Contracting Activity:* Naval Facilities Engineering Command, Everett, WA. *Service Type/Location:* Janitorial/Custodial, Wallace Ranger District of the Panhandle National Fores, Coeur d'Alene, ID. *NPA:* TESH, Inc., Couer d'Alene, ID, *Contracting Activity:* Panhandle National Forest, Coeur d'Alene, ID. *Service Type/Location:* Janitorial/Custodial, U.S. Army Reserve Facility, Salem, OR. *NPA:* Garten Services, Inc., Salem, OR. *Contracting Activity:* Department of the Army, Fort Lewis, WA. *Service Type/Location:* Janitorial/Custodial, U.S. Federal Building, Courthouse and Post Office, Moscow, ID. *NPA:* UNKNOWN. *Contracting Activity:* General Services Administration, Auburn, WA. *Service Type/Location:* Janitorial/Grounds Maintenance, Federal Courthouse, Pocatello, ID. *NPA:* New Day Products, Inc., Pocatello, ID. *Contracting Activity:* General Services Administration, Public Buildings Service, Auburn, WA. *Service Type/Location:* Janitorial/Grounds Maintenance, Pactola Harney Ranger District Recreation Areas, Black Hills National Forest, Custer, SD. *NPA:* Southern Hills Developmental Services, Inc., Hot Springs, SD. *Contracting Activity:* U.S. Department of Agriculture, Custer, SD. *Service Type/Location:* Tub & Burlap Washing, Rogue River National Forest, J. Herbert Stone Nursery, Central Point, OR. *NPA:* Living Opportunities, Inc., Medford, OR. *Contracting Activity:* U.S. Department of Agriculture, Forest Service, Medford, OR. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E7-23791 Filed 12-6-07; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1533] Grant of Authority for Subzone Status NACCO Materials Handling Group, Inc. (Forklift Truck Components) Sulligent, AL Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas* , the Foreign-Trade Zones Act provides for “* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; *Whereas* , the Board's regulations (15 CFR Part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; *Whereas* , the City of Birmingham, grantee of Foreign-Trade Zone 98, has made application for authority to establish special-purpose subzone status at the forklift truck components manufacturing facility of NACCO Materials Handling Group, Inc., located in Sulligent, Alabama (Docket 37-2006, filed 8-22-2006); *Whereas* , notice inviting public comment was given in the **Federal Register** (71 FR 51183, 8-29-2006); and, *Whereas* , the Board adopts the findings and recommendation of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that approval of the application is in the public interest; *Now, therefore* , the Board hereby grants authority for subzone status for activity related to the production of forklift truck components, engines, and drive axles at the manufacturing facility of NACCO Materials Handling Group, Inc., located in Sulligent, Alabama (Subzone 98D), as described in the application and **Federal Register** notice, subject to the FTZ Act and the Board's regulations, including Section 400.28. Signed at Washington, DC, this 27th day of November 2007. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. [FR Doc. E7-23802 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1535] Grant of Authority for Subzone Status NACCO Materials Handling Group, Inc. (Forklift Trucks) Berea, KY Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas,* the Foreign-Trade Zones Act provides for “* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; *Whereas,* the Board's regulations (15 CFR Part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; *Whereas,* the Louisville and Jefferson County Riverport Authority, grantee of Foreign-Trade Zone 29, has made application for authority to establish special-purpose subzone status at the forklift truck manufacturing and distribution facilities of NACCO Materials Handling Group, Inc., located in Berea, Kentucky (Docket 39-2006, filed 9-8-2006, amended 7-2-2007 to include an additional site); *Whereas,* notice inviting public comment was given in the **Federal Register** (71 FR 54612, 9-18-2006; 72 FR 39051, 7-13-2007); and, *Whereas,* the Board adopts the findings and recommendation of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that approval of the application is in the public interest; *Now, therefore,* the Board hereby grants authority for subzone status for activity related to the production of forklift trucks at the manufacturing and distribution facilities of NACCO Materials Handling Group, Inc., located in Berea, Kentucky (Subzone 29I), as described in the application and **Federal Register** notices, subject to the FTZ Act and the Board's regulations, including section 400.28. Signed at Washington, DC, this 27th day of November 2007. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. [FR Doc. E7-23799 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1537] Approval of Expansion of Authority for Subzone 57B; Volvo Construction Equipment North America, Inc. (Construction Equipment); Skyland, NC Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas,* Volvo Construction Equipment North America, Inc. (Volvo CENA), operator of FTZ Subzone 57B, has requested authority to expand capacity and the scope of manufacturing authority under zone procedures within Subzone 57B at the company's facilities in Skyland, North Carolina (FTZ Docket 20-2007, filed 5/30/07); *Whereas,* notice inviting public comment has been given in the **Federal Register** (72 FR 31051, 6/5/07); and, *Whereas,* the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied, and that approval of the application is in the public interest; *Now, therefore,* the Board hereby approves the expansion of capacity and scope of manufacturing authority under zone procedures within Subzone 57B at the Volvo CENA plant located in Skyland, North Carolina, as described in the application and the **Federal Register** notice, subject to the FTZ Act and the Board's regulations, including section 400.28. Signed at Washington, DC, this 30th day of November 2007. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman. Foreign-Trade Zones Board. Andrew McGilvray, *Executive Secretary.* [FR Doc. E7-23798 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1534] Grant of Authority for Subzone Status NACCO Materials Handling Group, Inc. (Forklift Trucks) Greenville, NC Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas* , the Foreign-Trade Zones Act provides for “* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; *Whereas* , the Board's regulations (15 CFR Part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; *Whereas* , the North Carolina Global TransPark Authority, grantee of Foreign-Trade Zone 214, has made application for authority to establish special-purpose subzone status at the forklift truck manufacturing and distribution facilities of NACCO Materials Handling Group, Inc., located in Greenville, North Carolina (Docket 38-2006, filed 9-8-2006, amended 7-2-2007 to include an additional site); *Whereas* , notice inviting public comment was given in the **Federal Register** (71 FR 54612, 9-18-2006; 72 FR 38562, 7-13-2007); and, *Whereas* , the Board adopts the findings and recommendation of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that approval of the application is in the public interest; *Now, therefore* , the Board hereby grants authority for subzone status for activity related to the production of forklift trucks at the manufacturing and distribution facilities of NACCO Materials Handling Group, Inc., located in Greenville, North Carolina (Subzone 214B), as described in the application and **Federal Register** notices, subject to the FTZ Act and the Board's regulations, including Section 400.28. Signed at Washington, DC, this 27th day of November 2007. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. [FR Doc. E7-23801 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-533-838] Carbazole Violet Pigment 23 from India: Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from an interested party, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on carbazole violet pigment 23 from India. The review covers one manufacturer/exporter, Alpanil Industries. The period of review is December 1, 2005, through November 30, 2006. We have preliminarily determined that Alpanil Industries made sales below normal value. We invite interested parties to comment on these preliminary results. Parties who submit comments in this review are requested to submit with each argument a statement of each issue and a brief summary of the argument. EFFECTIVE DATE: December 7, 2007. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-5760 and

(202)482-4477, respectively. SUPPLEMENTARY INFORMATION: Background On December 29, 2004, we published in the **Federal Register** the antidumping duty order on carbazole violet pigment 23 (CVP 23) from India. See *Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Carbazole Violet Pigment 23 From India* , 69 FR 77988 (December 29, 2004) ( *Antidumping Duty Order* ). On December 1, 2006, we published in the **Federal Register** a notice of opportunity to request an administrative review of the antidumping duty order on CVP 23 from India. See *Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review* , 71 FR 69543 (December 1, 2006). On December 29, 2006, pursuant to section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), Alpanil Industries (Alpanil) requested an administrative review of the antidumping duty order on CVP 23 from India. On February 2, 2007, in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we published a notice of initiation of administrative review of this order. See *Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 5005 (February 2, 2007). On August 22, 2007, we extended the due date for the completion of the preliminary results of review from September 4, 2007, to October 19, 2007. See *Carbazole Violet Pigment 23 from India: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review* , 72 FR 46954 (August 22, 2007). On October 16, 2007, we extended the due date for the completion of the preliminary results from October 19, 2007, to December 3, 2007. See *Carbazole Violet Pigment 23 from India: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review* , 72 FR 58639 (October 16, 2007). The administrative review of the order on CVP 23 from India for Alpanil covers the period December 1, 2005, through November 30, 2006. Scope of the Order The merchandise subject to this antidumping duty order is carbazole violet pigment 23 (CVP-23) identified as Color Index No. 51319 and Chemical Abstract No. 6358 30 1, with the chemical name of diindolo [3,2-b:3¡¬,2¡¬-m] triphenodioxazine, 8,18-dichloro-5, 15-diethy-5, 15-dihydro-, and molecular formula of C34H22C12N4O2. 1 The subject merchandise includes the crude pigment in any form ( *e.g.* , dry powder, paste, wet cake) and finished pigment in the form of presscake and dry color. Pigment dispersions in any form ( *e.g.* , pigment dispersed in oleoresins, flammable solvents, water) are not included within the scope of the order. The merchandise subject to this antidumping duty order is classifiable under subheading 3204.17.90.40 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this order is dispositive. 1 The bracketed section of the product description, [3,2-b:3¡¬,2¡¬-m], does not contain business- proprietary information. In this case, the brackets are simply part of the chemical nomenclature. See *Antidumping Duty Order* . United States Sales U.S. Customs and Border Protection

(CBP)data we obtained indicate that CBP suspended the liquidation of only a portion of the U.S. sales of subject merchandise reported by Alpanil. Therefore, pursuant to section 751(a)(2)(A) of the Act, we limited this review to these sales of CVP 23. Export Price To determine whether sales of CVP 23 from India to the United States were made at prices less than normal value, we compared the U.S. price to the normal value. For the price of sales by Alpanil to the United States, we used export price as defined in section 772(a) of the Act because the subject merchandise was first sold to an unaffiliated purchaser in the United States. Section 772(a) of the Act defines export price as “the price at which the subject merchandise is first sold (or agreed to be sold) before the date of importation by the producer or exporter of the subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States, as adjusted under subsection (c).” We calculated Alpanil's export price based on the prices of the subject merchandise sold to unaffiliated customers in, or for exportation to, the United States. See section 772(c) of the Act. We made deductions for movement expenses incurred in India and international movement expenses incurred for sales of the subject merchandise to the United States in accordance with section 772(c)(2)(A) of the Act. Section 772(c)(1)(C) of the Act requires the Department to increase export price by the amount of the countervailing duty imposed on the subject merchandise to offset an export subsidy. The countervailing-duty order on CVP 23 from India is currently in effect. See *Notice of Countervailing Duty Order: Carbazole Violet Pigment 23 From India* , 69 FR 77995 (December 29, 2004). In preparing these preliminary results of review, we determined that no adjustment is appropriate in this case. Due to the business-proprietary nature of our decision, please see the Alpanil preliminary analysis memorandum dated December 3, 2007 (Preliminary Analysis Memorandum), at 4. Alpanil reported that it calculated its U.S. credit expenses by using the short-term U.S. interest rate that it derived from the U.S. Federal Reserve statistical release at *http://www.federalreserve.gov/releases/h15/data/m/prime.tx* . We found that the Federal Reserve statistical release for short-term interest rate for the period of review does not support the U.S. credit expenses Alpanil reported. Therefore, we recalculated a U.S. short-term interest rate of 6.7975 percent for the period of review based on the U.S. Federal Reserve statistical release and used this rate to recalculate Alpanil's U.S. credit expenses. See Preliminary Analysis Memorandum at 5 for more details on our calculation methodology. Comparison-Market Sales In order to determine whether there was a sufficient volume of sales in the comparison market to serve as a viable basis for calculating normal value, we compared the volume of home-market sales of the foreign like product in India to the volume of the U.S. sales of the subject merchandise in accordance with section 773(a)(1) of the Act. Based on this comparison of the aggregate quantities of the home-market and U.S. sales and absent any information that a particular market situation in the exporting country did not permit a proper comparison, we determined that the quantity of the foreign like product sold by Alpanil in the home market was greater than five percent of its aggregate volume of the sales of the subject merchandise and therefore sufficient to permit a proper comparison with the sales of the subject merchandise, pursuant to section 773(a)(1) of the Act. Thus, we determined that Alpanil's home market was viable as the comparison market during the period of review. See section 773(a)(1) of the Act. Therefore, in accordance with section 773(a)(1)(B)(i) of the Act, we based normal value for the respondent on the prices at which the foreign like product was first sold for consumption in India in the usual commercial quantities and in the ordinary course of trade and, to the extent practicable, at the same level of trade as the comparison-market sales. See the “Level of Trade” section below for more details. Model-Matching Methodology We compared U.S. sales with sales of the foreign like product in the home market. Specifically, in making our comparisons, we attempted to make comparisons to weighted-average monthly home-market prices that were based on all sales of the identical product. Because no identical match was found, we matched similar merchandise on the basis of the comparison product which was closest in terms of the physical characteristics to the product sold in the United States. These characteristics, in the order of importance, are form, stability, dispersion, and tone. We made comparisons to weighted-average monthly home-market prices that were based on all sales of the most-similar product to the U.S. product. Because we were able to match all U.S. products to similar home-market products, we did not need to calculate the constructed value of the U.S. product as the basis for normal value. Normal Value We based normal value for Alpanil on the prices of the foreign like products sold to its comparison-market customers. When applicable, we made adjustments for differences in packing and movement expenses in accordance with sections 773(a)(6)(A) and

(B)of the Act. Because we calculated normal value using sales of similar merchandise, we also made adjustments for differences in cost attributable to differences in physical characteristics of the merchandise pursuant to section 773(a)(6)(C)(ii) of the Act and 19 CFR 351.411. In addition, we made adjustments for differences in circumstances of sale to cover differences in payment terms in accordance with section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. We made circumstance-of-sale adjustments by deducting home-market direct selling expenses from, and adding U.S. direct selling expenses to, normal value. Level of Trade In accordance with section 773(a)(1)(B)(i) of the Act, to the extent practicable, we determined normal value based on sales in the home market at the same level of trade as the export-price sales. The normal-value level of trade is based on the starting price of the sales in the home market. For export-price sales, the U.S. level of trade is based on the starting price of the sales to the U.S. market. We examined the differences in selling activities reported in Alpanil's responses to our requests for information. Alpanil reported two customer categories and three channels of distribution for its home-market sales. The two customer categories are end-users and distributors and the three channels of distribution are end-users, large distributors, and small distributors. Alpanil divided its channels of distribution based on the quantity of the customer's usual order. Alpanil mixed different customer categories within each channel of distribution and reported differences in selling functions for each channel. Alpanil reported that the selling activities in these channels were similar with no meaningful differences. With respect to its home-market sales, Alpanil reported that it incurred expenses for the following selling functions and activities for all three channels of distribution: sales forecasting, sales promotion, inventory maintenance, order input/processing, direct sales personnel, and sales/marketing support. Alpanil reported that it paid commissions to consignees for sales to end-users and small distributors and provided after-sales services to distributors. 2 We examined Alpanil's selling activities described above and found them to be similar with respect to sales forecasting, sales promotion, inventory maintenance, order input/processing, direct sales personnel, and sales/marketing support. We examined Alpanil's payment of commission and after-sales services and found that, because Alpanil performed these two selling functions for only a small number of sales transactions and because Alpanil's other selling functions described above are similar, they are not sufficient for us to find different levels of trade in the home market. Therefore, we find that Alpanil has one level of trade in its home market. 2 Alpanil reported that it provided cash discounts and freight deliveries to end-users, small distributors, and large distributors, paid for advertising and technical assistance to end-users and small distributors, and paid rebates to small distributors. We did not take these selling functions into account in our level-of-trade analysis because no evidence on the record supports Alpanil's assertion that it performed these selling functions. Alpanil did not report direct or indirect expenses for these selling functions in its home-market sales database. We reviewed Alpanil's breakdown of home-market indirect selling expenses and found that Alpanil did not incur expenses for these selling functions as indirect selling expenses. Also, even though Alpanil reported that it provided after-sales services to end-users, we find that it provided after-sales services not to end-users but to distributors. Alpanil provided billing adjustments for a small number of home-market sales to distributors to cover expenses they incurred to customize the products after sales. Other than the selling-function chart, Alpanil did not provide any evidence on the record that it provided after-sales services to end-users. Alpanil reported two channels of distribution for two categories of U.S. customers, end-users and trading companies. Alpanil reported that the selling activities were identical for all U.S. customer categories. With respect to its export-price sales, Alpanil reported that it incurred expenses for sales forecasting, inventory maintenance, order input/processing, direct sales personnel, sales/marketing support, and freight and delivery. 3 3 Alpanil reported that direct sales personnel and sales/marketing support are not sales activities for its exports to the United States. We found that these two selling activities did take place in Alpanil's export-price sales because Alpanil sold the subject merchandise to the United States and reported the names of its employees involved directly in the sales to the United States and their salaries. Therefore, we find that sales in the U.S. market were made at one level of trade. We also find that the U.S. level of trade was the same as that of the home-market level of trade, given that Alpanil's selling functions associated with its home-market level of trade were similar with no meaningful differences to those associated with the U.S. market level of trade. They were similar with respect to sales forecasting, inventory maintenance, order input/processing, direct sales personnel, and sales/marketing support. Thus, we were able to match Alpanil's export-price sales to sales at the same level of trade in the home market and no level-of-trade adjustment was necessary. Preliminary Results of the Review As a result of our review, we preliminarily determine that the weighted-average dumping margin on CVP 23 from India for the period December 1, 2005, through November 30, 2006, for Alpanil is 23.41 percent. Comments We will disclose the calculations used in our analysis to parties to this review within five days of the date of publication of this notice. Any interested party may request a hearing within 30 days of the date of publication of this notice. Interested parties who wish to request a hearing or to participate in a hearing if a hearing is requested must submit a written request to the Assistant Secretary for Import Administration within 30 days of the date of publication of this notice. Requests should contain the following:

(1)the party's name, address, and telephone number;

(2)the number of participants; and

(3)a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the case and rebuttal briefs. Case briefs from interested parties may be submitted not later than 30 days after the date of publication of this notice of preliminary results of review. Rebuttal briefs from interested parties, limited to the issues raised in the case briefs, may be submitted not later than five days after the time limit for filing the case briefs or comments. Any hearing, if requested, will be held two days after the scheduled date for submission of rebuttal briefs. Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a summary of the arguments not exceeding five pages, and a table of statutes, regulations, and cases cited. The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any such written briefs or at the hearing, if held, not later than 120 days after the date of publication of this notice. Assessment Rates The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. We intend to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. In accordance with 19 CFR 351.212(b)(1), we have calculated an importer-specific per-unit assessment amount by dividing the total dumping duties due by the number of units in the sales we analyzed. The Department clarified its “automatic assessment” regulation on May 6, 2003 (68 FR 23954). This clarification will apply to entries of subject merchandise during the period of review produced by Alpanil for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). Cash-Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of CVP 23 from India entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act:

(1)The cash-deposit rate for Alpanil will be the rate established in the final results of this review;

(2)for a previously investigated company, the cash-deposit rate will continue to be the company-specific rate published in *Antidumping Duty Order* , 69 FR at 77989;

(3)if the exporter is not a firm covered in this review or the less-than-fair-value investigation but the manufacturer is, the cash-deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise;

(4)if neither the exporter nor the manufacturer has its own rate, the cash-deposit rate will be 27.48 percent, the “all-others” rate published in *Antidumping Duty Order* , 69 FR at 77989. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importer This notice also serves as a preliminary 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 review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 3, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E7-23805 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-533-845] Glycine from India: Postponement of Final Determination of Antidumping Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce EFFECTIVE DATE: December 7, 2007. FOR FURTHER INFORMATION CONTACT: George Callen or Kristin Case, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-0180 and

(202)482-3174, respectively. SUPPLEMENTARY INFORMATION: Postponement of Final Determination On April 19, 2007, the Department of Commerce (the Department) initiated the antidumping duty investigations of Glycine from India, Japan, and the Republic of Korea. See *Glycine from India, Japan, and the Republic of Korea: Initiation of Antidumping Duty Investigations* , 72 FR 20816 (April 26, 2007). The notice of initiation stated that the Department would issue its preliminary determinations for these investigations no later than 140 days after the date of initiation ( *i.e.* , September 6, 2007), unless postponed, in accordance with section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act). On August 23, 2007, in response to a timely request from the petitioner, Geo Speciality Chemicals, Inc., we postponed the preliminary determination to October 26, 2007. See *Glycine from India: Postponement of Preliminary Determination of Antidumping Duty Investigation* , 72 FR 48257 (August 23, 2007). On October 26, 2007, and November 1, 2007, we issued our affirmative preliminary and amended preliminary determinations in this investigation, respectively. See *Notice of Preliminary Determination of Sales at Less Than Fair Value: Glycine from India* , 72 FR 62827 (November 7, 2007), and *Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Glycine from India* , 72 FR 62826 (November 7, 2007). On November 2, 2007, and November 9, 2007, Paras Intermediates Pvt. Ltd. (Paras), the only respondent that received a calculated rate in the preliminary determination of this investigation, made timely requests for a postponement of the final determination pursuant to section 735(a)(2) of the Act and extension of provisional measures with respect to glycine from India. See also 19 CFR 351.210(b)(2)(ii) and 19 CFR 351.210(e)(2). Paras requested postponement of the final determination in order to allow sufficient time to prepare for verification and to ensure the Department adequate time to conduct its verification, which was scheduled originally during a period which coincided with an important Indian holiday. For the reasons identified by Paras and because there are no compelling reasons to deny the request, the Department is postponing the deadline for the final determination with respect to India under section 735(a)(2) of the Act to 135 days after the date on which the preliminary determination was published. The date of the final determination will be no later than March 21, 2008. The Department is also extending the provisional measures accordingly. This notice is issued and published pursuant to sections 735(a)(2) and 771(i)(1) of the Act and 19 CFR 351.210(g). Dated: November 30, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-23804 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-549-817] Certain Hot-Rolled Carbon Steel Flat Products From Thailand: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from United States Steel Corporation (petitioner), Nucor Corporation (Nucor), and G Steel Public Company Limited (G Steel), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products (hot-rolled steel) from Thailand. With regard to the two Thai companies that are subject to this administrative review, G Steel and Nakornthai Strip Mill Public Company Limited (NSM), we preliminarily determine that sales of subject merchandise produced by G Steel have not been made at less than normal value

(NV)and that NSM did not have any shipments, entries, or sales of subject merchandise during the period of review (POR). Therefore, this administrative review covers imports of subject merchandise produced and exported by G Steel, and we are preliminarily rescinding the review with respect to NSM. For a full discussion of the intent to rescind with respect to NSM, see the “Notice of Intent to Rescind in Part” section of this notice below. We invite interested parties to comment on these preliminary results. Parties that submit comments are requested to submit with each argument

(1)a statement of the issue(s),

(2)a brief summary of the argument(s), and

(3)a table of authorities. EFFECTIVE DATE: December 7, 2007. FOR FURTHER INFORMATION CONTACT: Dena Crossland or Stephen Bailey, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-3362 or

(202)482-0193, respectively. SUPPLEMENTARY INFORMATION: Background On November 29, 2001, the Department published the antidumping duty order on hot-rolled steel from Thailand. *See Notice of Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products From Thailand* , 66 FR 59562 (November 29, 2001) ( *Hot-Rolled Steel Order* ). On November 1, 2006, the Department published the opportunity to request administrative review of, *inter alia* , the order on hot-rolled steel from Thailand for the period November 1, 2005, through October 31, 2006. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 71 FR 64240 (November 1, 2006). In accordance with 19 CFR 351.213(b)(1), on November 28, 2006, petitioner requested that we conduct an administrative review of NSM's sales of subject merchandise. On November 30, 2006, Nucor, a domestic interested party, requested an administrative review of NSM's or NSM's affiliate's sales of subject merchandise, and G Steel requested an administrative review of its sales of subject merchandise. On December 27, 2006, the Department published in the **Federal Register** a notice of initiation of this antidumping duty administrative review covering the period November 1, 2005, through October 31, 2006. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 77720 (December 27, 2006). On January 3, 2007, the Department issued its antidumping duty questionnaire to G Steel and NSM. G Steel submitted its section A questionnaire response (section A response) on February 7, 2007, and its section B and C questionnaire responses on February 21, 2007 (section B&C responses). On January 4, 2007, the Department informed G Steel by telephone that it was not required to submit a Section D response at that time. *See* the Department's Memorandum to the File, dated January 4, 2007. On January 11, 2007, NSM stated in a letter that it did not have any U.S. sales, shipments or entries of subject merchandise during the above-referenced administrative review, and requested that the Department rescind the administrative review with respect to NSM. On March 5, 2007, G Steel submitted additional information in response to section B of the Department's antidumping duty questionnaire with regard to its resale information, and provided its sales reconciliation in the same submission. On April 19, 2007, G Steel submitted its revised sales reconciliation. On March 26, 2007, petitioner and Nucor requested that the Department initiate a sales-below-cost investigation of home market

(HM)sales made by G Steel, which the Department did on May 30, 2007. *See* the Department's Memorandum to the File from Sheikh Hannan, Office of Accounting, and Stephen Bailey and Dena Crossland, Analysts, to Richard Weible, Office Director, regarding Petitioners' Allegation of Sales Below the Cost of Production for G Steel Public Company Limited (Cost Initiation Memorandum), dated May 30, 2007. In the Cost Initiation Memorandum, the Department requested that G Steel respond to section D of the Department's antidumping duty questionnaire. On June 20, 2007, the Department issued its first sections A through C supplemental questionnaire to G Steel, and received G Steel's response (first sections A through C supplemental response) on July 11, 2007. On June 27, 2007, in response to the Department's Cost Initiation Memorandum, G Steel submitted its section D questionnaire response. On August 1, 2007, the Department issued its first section D supplemental questionnaire to G Steel, and received G Steel's response on August 15, 2007 (first section D supplemental response). On August 9, 2007, the Department issued its second sections A through C supplemental questionnaire to G Steel, and received G Steel's response on August 27, 2007 (second sections A through C supplemental response). In the first and second sections A through C supplemental questionnaires, the Department requested information about G Steel's relationship with NSM. 1 On September 19, 2007, the Department issued its second section D supplemental questionnaire to G Steel, and received G Steel's response on October 3, 2007 (second section D supplemental response). 1 While the Department determines that G Steel and NSM became affiliated at the end of the POR, it does not find that the requirements are met in this review for collapsing the two companies, but may revisit this issue, if necessary, in any subsequent reviews. On July 24, 2007, the Department extended the due date for the preliminary results 120 days from August 2, 2007, until November 30, 2007. *See Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review* , 72 FR 40274 (July 24, 2007). Period of Review The POR is November 1, 2005, through October 31, 2006. Scope of the Order For purposes of this order, the products covered are certain hot-rolled carbon steel flat products of a rectangular shape, of a width of 0.5 inch or greater, neither clad, plated, nor coated with metal and whether or not painted, varnished, or coated with plastics or other non-metallic substances, in coils (whether or not in successively superimposed layers), regardless of thickness, and in straight lengths, of a thickness of less than 4.75 mm and of a width measuring at least 10 times the thickness. Universal mill plate ( *i.e.* , flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not less than 4.0 mm, not in coils and without patterns in relief) of a thickness not less than 4.0 mm is not included within the scope of this order. Specifically included within the scope of this order are vacuum degassed, fully stabilized (commonly referred to as interstitial-free (IF)) steels, high strength low alloy

(HSLA)steels, and the substrate for motor lamination steels. IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium or niobium (also commonly referred to as columbium), or both, added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, vanadium, and molybdenum. The substrate for motor lamination steels contains micro-alloying levels of elements such as silicon and aluminum. Steel products to be included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products in which: i) iron predominates, by weight, over each of the other contained elements; ii) the carbon content is 2 percent or less, by weight; and iii) none of the elements listed below exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent of vanadium, or 0.15 percent of zirconium. All products that meet the physical and chemical description provided above are within the scope of this order unless otherwise excluded. The following products, by way of example, are outside or specifically excluded from the scope of this order: -Alloy hot-rolled steel products in which at least one of the chemical elements exceeds those listed above (including, *e.g.* , American Society for Testing and Materials

(ASTM)specifications A543, A387, A514, A517, A506). -Society of Automotive Engineers (SAE)/American Iron & Steel Institute

(AISI)grades of series 2300 and higher. -Ball bearing steels, as defined in the HTSUS. -Tool steels, as defined in the HTSUS. -Silico-manganese (as defined in the HTSUS) or silicon electrical steel with a silicon level exceeding 2.25 percent. -ASTM specifications A710 and A736. -USS abrasion-resistant steels (USS AR 400, USS AR 500). -All products (proprietary or otherwise) based on an alloy ASTM specification (sample specifications: ASTM A506, A507). -Non-rectangular shapes, not in coils, which are the result of having been processed by cutting or stamping and which have assumed the character of articles or products classified outside chapter 72 of the HTSUS. The merchandise subject to this order is currently classified in the HTSUS at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00, 7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30, 7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat products covered by this order, including: vacuum degassed fully stabilized; high strength low alloy; and the substrate for motor lamination steel may also enter under the following tariff numbers: 7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.01.80. Subject merchandise may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS subheadings are provided for convenience and CBP purposes, the written description of the merchandise under review is dispositive. Notice of Intent To Rescind Review in Part Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an administrative review, in whole or only with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise. *See* , *e.g.* , *Stainless Steel Plate in Coils from Taiwan: Notice of Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review* , 67 FR 5789, 5790 (February 7, 2002), and *Stainless Steel Plate in Coils from Taiwan: Final Rescission of Antidumping Duty Administrative Review* , 66 FR 18610, 18611-12 (April 10, 2001). On January 11, 2007, NSM stated in a letter that it did not have any U.S. sales, shipments or entries of subject merchandise during the above-referenced administrative review, and requested that the Department rescind the administrative review with respect to NSM. The Department conducted a U.S. Customs and Border Protection

(CBP)data inquiry. CBP only responds to the Department's inquiry when CBP finds that there have been shipments. CBP did not respond to the Department's inquiry, and no party submitted comments. Based on this information, the Department determined that there were no identifiable entries of hot-rolled steel during the POR manufactured or exported by NSM. *See* Memorandum to the File, through Angelica Mendoza, Program Manager, from Dena Crossland: Nakornthai Strip Mill Public Company Limited - No Shipments of Certain Hot-Rolled Carbon Steel Flat Products from Thailand Pursuant to U.S. Customs and Border Protection Inquiry, dated June 6, 2007. Therefore, the Department concludes that during the POR, NSM did not have any entries, exports, or sales of subject merchandise to the United States, and accordingly we are preliminarily rescinding the review with respect to NSM. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.307, we conducted sales and cost verifications of the questionnaire responses of G Steel, using standard verification procedures. Our sales verification results are outlined in the following memorandum: 1) Memorandum to the File, through Angelica Mendoza, Program Manager, and Richard O. Weible, Office Director, regarding the Verification of the Sales Response of G Steel Public Company Limited in the Antidumping Review of Certain Hot-Rolled Carbon Steel Flat Products from Thailand, dated October 15, 2007 (G Steel Sales Verification Report). The Department's cost verification results will be outlined in a forthcoming memorandum. A public version of the G Steel Sales Verification Report is on file in the Department's Central Records Unit

(CRU)located in Room B-099 of the main Department of Commerce Building, 14 th Street and Constitution Avenue, NW, Washington, DC 20230. Fair Value Comparisons To determine whether sales of subject merchandise were made in the United States at less than fair value, we compared the export price

(EP)to the NV, as described in the “Export Price” and “Normal Value” sections of this notice. In accordance with section 777A(d)(2) of the Act, we calculated EP and compared these prices to weighted-average normal values or constructed values (CVs), as appropriate. Product Comparisons In accordance with section 771(16) of the Act, we considered all products produced by G Steel covered by the descriptions in the “Scope of the Order” section of this notice to be foreign like products for the purpose of determining appropriate product comparisons to G Steel's U.S. sale of the subject merchandise. We have relied on the following eleven criteria to match U.S. sales of the subject merchandise to sales in Thailand of the foreign like product: paint, quality, carbon, yield strength, thickness, width, cut-to-length vs. coil, temper rolled, pickled, edge trim, and patterns in relief. We noted at the sales verification that the yield strength data reported in the HM and U.S. sales databases did not accurately reflect the minimum yield strengths for a certain sample of HM and U.S. sales that we examined. *See* G Steel Sales Verification Report, dated October 15, 2007, at page 2. G Steel stated that it reported yield strengths based on a theoretical basis pursuant to the product's specifications. *Id* . at 35. Based on our findings at verification, and in reviewing the record, we find that G Steel's reporting of yield strengths, which it claimed was on a theoretical basis, is not consistent with the minimum yield strength specified by the grade specifications (where applicable). The record shows that G Steel classified yield strength the same for all models, but at verification, we found that the actual yield strength was not the same for all models. Because G Steel's yield strength information could not be verified, the Department determines that the application of partial facts available

(FA)within the meaning of 776(a)(2)(D) of the Act is warranted. Additionally, the Department concludes that G Steel did not cooperate to the best of its ability to provide yield strength information, and as such, the Department determines that the use of partial FA with an adverse inference is warranted pursuant to section 776(b) of the Act. *See* the “Price-to-Price Comparisons” section below for further discussion. Export Price In accordance with section 772 of the Act, we calculate either an EP or a constructed export price (CEP), depending on the nature of each sale. Section 772(a) of the Act defines EP as the price at which the subject merchandise is first sold by the foreign exporter or producer before the date of importation to an unaffiliated purchaser in the United States, or to an unaffiliated purchaser for exportation to the United States. We have preliminarily determined that G Steel's U.S. sale during the POR was an EP sale. We calculated EP based on prices charged to the first unaffiliated U.S. customer. We used the contract date as the date of sale. 2 We based EP on the packed prices to the first unaffiliated purchaser outside Thailand. We made deductions for movement expenses in accordance with section 772(c)(2)(A) of the Act, including foreign inland freight, foreign brokerage and handling, international freight, marine insurance, and U.S. Customs duties. 2 *See* the Analysis Memorandum for the Preliminary Results of Administrative Review of Certain Hot-Rolled Carbon Steel Flat Products from Thailand: G Steel Public Company Limited, dated November 30, 2007 (Analysis Memo) for a further discussion of this issue. Normal Value A. Home Market Viability To determine whether there is a sufficient volume of sales in the HM to serve as a viable basis for calculating NV, we compared G Steel's volume of HM sales of the foreign like product to the volume of the U.S. sale of the subject merchandise, in accordance with section 773(a)(1)(B) of the Act. Because G Steel's aggregate volume of HM sales of the foreign like product was greater than five percent of its aggregate volume of the U.S. sales for the subject merchandise, we determined the HM was viable. *See* section A response at A-2 through A-3, and exhibit A-1. B. Arm's-Length Test G Steel reported that it made sales in the HM to affiliated and unaffiliated customers. G Steel reported downstream sales to certain affiliated customers. * See* G Steel's section A questionnaire response at A-3 and exhibit A-1. Sales to affiliated customers in the HM for which G Steel did not report a downstream sale that were not made at arm's length were excluded from our analysis. *See* 19 CFR 351.403(c). To test whether these sales were made at arm's length, we compared the starting prices of sales to affiliated and unaffiliated customers net of all billing adjustments, movement charges, imputed credit, direct selling expenses, and packing expenses. Where the price to that affiliated party was, on average, within a range of 98 to 102 percent of the price of the same or comparable merchandise sold to the unaffiliated parties at the same level of trade, we determined that the sales made to the affiliated party were at arm's length. *See Antidumping Proceedings - Affiliated Party Sales in the Ordinary Course of Trade* , 67 FR 69186, 69187 (November 15, 2002). C. Cost of Production Analysis On May 30, 2007, after a request from petitioner and Nucor, the Department initiated a sales-below-cost investigation of G Steel because both petitioner and Nucor provided a reasonable basis to believe or suspect that G Steel is selling hot-rolled steel in Thailand at prices below the cost of production (COP). *See* the Department's Cost Initiation Memorandum, dated May 30, 2007. Based on the Department's findings in the Cost Initiation Memorandum, there was a reasonable basis to believe or suspect that G Steel is selling hot-rolled steel in Thailand at prices below COP, and in accordance with section 773(b)(1) of the Act, we examined whether G Steel's sales in the HM were made at prices below the COP. In accordance with section 773(b)(3) of the Act, we calculated the weighted-average COP for each model based on the sum of G Steel's material and fabrication costs for the foreign like product, plus amounts for selling expenses, general and administrative (G&A) expenses, interest expenses and packing costs. We relied on the COP information provided by G Steel except for the following adjustments: 1. We recalculated G Steel's skin pass costs

(KVOH)to account for the skin passing done at G Steel's own plant during the POR. 2. We recalculated G Steel's scrap offset (TOTSCRAP) based on the net production quantity. 3. We revised G Steel's G&A expense ratio

(GNA)by excluding service fees and a reversal of accrued interest. For further details regarding these adjustments, *see* the Memorandum from Sheikh Hannan to Neal Halper entitled, “Cost of Production and Constructed Value Adjustments for the Preliminary Results - G Steel Public Limited Company,” dated November 30, 2007, on file in the Department's CRU. We compared the weighted-average COP figures to the HM sales prices of the foreign like product, as required under section 773(b) of the Act, to determine whether these sales had been made at prices below COP. On a product-specific basis, we compared COP to HM prices, less any applicable billing adjustments, movement charges, direct and indirect selling expenses, and packing expenses. In determining whether to disregard HM sales made at prices below the COP, we examined, in accordance with sections 773(b)(1)(A) and

(B)of the Act, whether such sales were made in substantial quantities within an extended period of time, and whether such sales were made at prices which permitted the recovery of all costs within a reasonable period of time in the normal course of trade. Pursuant to section 773(b)(2)(C) of the Act, where less than 20 percent of G Steel's HM sales of a given model were made at prices below the COP, we did not disregard any below-cost sales of that model because we determined that the below-cost sales were not made within an extended period of time in “substantial quantities.” Where 20 percent or more of G Steel's HM sales of a given model were at prices less than COP, we disregarded the below-cost sales because:

(1)they were made within an extended period of time in “substantial quantities,” in accordance with sections 773(b)(2)(B) and

(C)of the Act, and

(2)based on our comparison of prices to the weighted-average COPs for the POR, they were at prices which would not permit the recovery of all costs within a reasonable period of time, in accordance with section 773(b)(2)(D) of the Act. Our cost test for G Steel revealed that for HM sales of certain models, less than 20 percent of the sales of those models were made at prices below the COP. We therefore retained all such sales in our analysis and used them as the basis for determining NV. Our cost test also indicated that for certain models, more than 20 percent of the HM sales of those models were sold at prices below COP within an extended period of time and were at prices which would not permit the recovery of all costs within a reasonable period of time. Thus, in accordance with section 773(b)(1) of the Act, we excluded these below-cost sales from our analysis and used the remaining above-cost sales as the basis for determining NV. D. Price-to-Price Comparisons and the Use of Partial Facts Available with an Adverse Inference As stated above in the “Product Comparisons” section, we find that pursuant to section 776(b) of the Act, the use of AFA is appropriate because we were unable to verify G Steel's reported yield strength data in either its HM or U.S. sales databases. Further, we find that G Steel did not act to the best of its ability in providing these data. Section 776(a)(2) of the Act provides that if an interested party:

(A)withholds information that has been requested by the administering authority;

(B)fails to provide such information by the deadlines for the submission of the information or in the form and manner requested, subject to subsections (c)(1) and

(e)of section 782;

(C)significantly impedes a proceeding under this title; or

(D)provides such information but the information cannot be verified as provided in section 782(i), the administering authority shall, subject to section 782(d), use the facts otherwise available in reaching the applicable determination. Section 782(d) of the Act provides that, if the Department determines that a response to a request for information does not comply with the request, the Department shall promptly inform the person submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that person with an opportunity to remedy or explain the deficiency in light of the time limits established for the completion of the administrative review. Section 782(e) of the Act states that the Department shall not decline to consider information determined to be “deficient” under section 782(d) if all of the following requirements are met:

(1)the information is submitted by the established deadline;

(2)the information can be verified;

(3)the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination;

(4)the interested party has demonstrated that it acted to the best of its ability; and

(5)the information can be used without undue difficulties. Furthermore, section 776(b) of the Act provides that, if the Department finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information, the Department may use an inference adverse to the interests of that party in selecting from among the facts otherwise available. In addition, the Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1, at 870

(1994)(SAA), establishes that the Department may employ an adverse inference “to ensure that the party does not obtain a more favorable result by failing to cooperate to the best of its ability than if it had cooperated fully.” In sections B and C of the Department's antidumping duty questionnaire, dated January 3, 2007, we requested that G Steel report the yield strengths (STRENGTH/U) in its U.S. and HM databases based on the minimum specified yield strength for the particular specification/grade. Furthermore, we requested that for sales to a particular specification/grade in which there is no minimum specified yield strength, G Steel classify the product in an appropriate yield strength category based on some reasonable methodology incorporating chemistry ( *i.e.* , carbon level), heat treatment, *etc.* , and for G Steel to explain the methodology it used. In its section B&C responses, dated February 21, 2007, G Steel stated that it reported yield strength as directed. However, as described above, at verification G Steel could not support or substantiate how it reported the STRENGTH/U data in either the U.S. or HM databases. G Steel classified yield strength the same for all models in its questionnaire responses, but at verification we found that the actual yield strength was not the same for all models. For a detailed discussion with respect to these discrepancies, *see* the Analysis Memo, dated November 30, 2007. Therefore, it was not possible to verify all of the product characteristic information that we had identified as part of our examination in the verification agenda, dated August 28, 2007. Accordingly, pursuant to section 776(a)(2)(D) of the Act, partial FA is justified. As noted above, section 776(b) of the Act provides that, if the Department finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information, the Department may use an inference adverse to the interests of that party in selecting from among the facts otherwise available. A showing of bad faith is not required for imposition of an adverse inference. Rather, the question is whether the respondent put forth its maximum effort to produce the information requested. Inattentiveness or carelessness can be a basis for use of an adverse inference. *See Nippon Steel Corp. v. United States* , 337 F.3d 1373, 1382 (Fed. Cir. 2003). G Steel had the documents necessary to report complete and correct information in the necessary and requested manner and format. We find that G Steel did not put forth its maximum efforts in reporting yield strength. Rather, it simply classified all yield strengths the same. Accordingly, we find that G Steel did not act to the best of its ability in reporting necessary and accurate information. Therefore, we find it appropriate to use an inference that is adverse to G Steel's interest in selecting from among the facts otherwise available. Further, section 782(d) of the Act is inapplicable here because this is a situation where the respondent's information could not be verified. We did not discover the deficient response until verification. Moreover, G Steel did not meet all the criteria of section 782(e) of the Act. As AFA, we matched net U.S. price to the highest individual HM NV with the most similar control number (CONNUM) to the U.S. sale. We calculated NV based on prices to unaffiliated customers and affiliated customers that passed the arm's-length test. We adjusted U.S. gross unit price for billing adjustments. We made deductions, where appropriate, for foreign inland freight and international freight pursuant to section 773(a)(6)(B) of the Act. In addition, we made adjustments for differences in cost attributable to differences in physical characteristics of the merchandise, pursuant to section 773(a)(6)(C)(ii) of the Act and 19 CFR 351.411, as well as for differences in circumstances of sale

(COS)as appropriate, in accordance with section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. Finally, we deducted the HM packing cost and added the U.S. packing cost in accordance with sections 773(a)(6)(A) and

(B)of the Act. For a detailed analysis of the Department's application of AFA, see the Analysis Memo, dated November 30, 2007. E. Price-to-CV Comparisons In accordance with section 773(a)(4) of the Act, we based NV on CV if we were unable to find a contemporaneous comparison market match for the U.S. sale. We calculated CV based on the cost of materials and fabrication employed in producing the subject merchandise, SG&A expenses, interest expense and profit. We made the same adjustments to CV as outlined in the “Cost of Production Analysis” section above. In accordance with section 773(e)(2)(A) of the Act, we based SG&A expenses, interest and profit on the amounts G Steel incurred and realized in connection with the production and sale of the foreign like product in the ordinary course of trade for consumption in Thailand. For selling expenses, we used the weighted-average HM selling expenses. Where appropriate, we made COS adjustments to CV in accordance with section 773(a)(8) of the Act and 19 CFR 351.410. Level of Trade In accordance with section 773(a)(1)(B) of the Act, to the extent practicable, we determine NV based on sales in the comparison market at the same level of trade

(LOT)as the EP transaction or CEP transaction. *See also* 19 CFR 351.412. The LOT in the comparison market is the LOT of the starting-price sales in the comparison market or, when NV is based on CV, the LOT of the sales from which we derive SG&A expenses and profit. With respect to U.S. price for EP transactions, the LOT is also that of the starting-price sale, which is usually from the exporter to the importer. For CEP, the LOT is that of the constructed sale from the exporter to the importer. As noted in the “Export Price” section above, we preliminarily find that G Steel's U.S. sale to an unaffiliated U.S. customer is appropriately classified as an EP sale. To determine whether comparison market sales are at a different LOT than U.S. sales, we examine stages in the marketing process and selling functions along the chain of distribution between the producer and the unaffiliated customer. If the comparison market sales are at a different LOT than EP sales, and the difference affects price comparability, as manifested in a pattern of consistent price differences between sales on which NV is based and comparison market sales at the LOT of the export transaction, where possible, we make a LOT adjustment under section 773(a)(7)(A) of the Act. In analyzing the differences in selling functions, we determine whether the LOTs identified by the respondent are meaningful. *See Antidumping Duties; Countervailing Duties, Final Rule* , 62 FR 27296, 27371 (May 19, 1997). If the claimed LOTs are the same, we expect that the functions and activities of the seller should be similar. Conversely, if a party claims that LOTs are different for different groups of sales, the functions and activities of the seller should be dissimilar. *See Porcelain-on-Steel Cookware from Mexico: Final Results of Administrative Review* , 65 FR 30068 (May 10, 2000) and accompanying Issues and Decision Memorandum at Comment 6. To determine whether the comparison market sales were at different stages in the marketing process than the U.S. sale, we reviewed the channels of distribution in each market, including selling functions, class of customer (“customer category”), and the level of selling expenses for each type of sale. In this review, we obtained information from G Steel regarding the marketing stages involved in sales to the reported home and U.S. markets. G Steel reported one LOT with two channels of distribution in the HM:

(1)sales to affiliated and unaffiliated trading companies and

(2)sales to unaffiliated end users. *See* G Steel's section A questionnaire response at A-17. We examined the selling activities reported for each channel of distribution in the HM and we organized the reported selling activities into the following four selling functions: sales process and marketing support, freight and delivery, inventory maintenance and warehousing, and warranty and technical services. We found that G Steel's level of selling functions to its HM customers for each of the four selling functions did not vary significantly by channel of distribution. *See* G Steel's section A questionnaire response at exhibit A-6. For example, G Steel provides similar levels of marketing and technical services to trading companies and end users. Because channels of distribution do not qualify as separate LOTs when the selling functions performed for each customer class or channel are sufficiently similar, we determined that one LOT exists for G Steel's HM sales. In the U.S. market, G Steel made sales of subject merchandise through one channel of distribution and it claimed only one LOT for its sales in the United States. *See* G Steel's section A questionnaire response at A-15 through A-16, and exhibit A-6. The U.S. sale was an EP transaction between G Steel and an unaffiliated U.S. trading company. *Id* . Therefore, we preliminary determine that G Steel's U.S. sale constitutes a single LOT. We then compared the selling functions performed by G Steel on its EP sale to the selling functions provided in the HM. We found that G Steel provides significant selling activities in the HM related to the sales process and marketing support selling functions, as well as warranty and technical service selling functions, which it does not provide for the U.S. market customer. For instance, G Steel stated that it regularly undertakes sales forecasting and market research for the HM, but there was no sales forecasting or marketing research done for the U.S. market during the POR. *See* section A response at A-19 and A-21. G Steel further stated that it provided technical assistance to HM customers, but did not provide technical assistance (and there were no warranty claims submitted) for U.S. sales during the POR. *Id* . at A-21 and A-22. Based upon our analysis, we preliminarily determine that the EP and the starting price of HM sales differ significantly with respect to sales process and marketing support selling functions ( *e.g.* sales forecasting and market research), as well as warranty and technical service selling functions, and are thus at different LOTs. Therefore, when we compared the EP sale to the comparison market sales, we examined whether an LOT adjustment may be appropriate. In this case, because G Steel sold at one LOT in the HM, there is no basis upon which to determine whether there is a pattern of consistent price differences between LOTs. Further, we do not have the information which would allow us to examine the price patterns of G Steel's sales of other similar products, and there is no other record evidence upon which a LOT adjustment could be based. Therefore, no LOT adjustment was made. Currency Conversion We made currency conversions pursuant to 19 CFR 351.415 based on the exchange rates in effect on the date of the U.S. sale, as certified by the Federal Reserve Bank. Preliminary Results of Review As a result of our review, we preliminarily determine the weighted-average dumping margin for the period November 1, 2005, through October 31, 2006, to be as follows: Manufacturer / Exporter Margin (percent) G Steel Public Co., Ltd. 0.00 The Department will disclose calculations performed in connection with these preliminary results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs and/or written comments no later than 30 days after the date of issuance of the Memorandum to the File, through Peter Scholl, Lead Accountant, and Neal Halper, Office Director, Verification of the Cost Response of G Steel Public Company Limited (G Steel Cost Verification Report). *See* 19 CFR 351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, limited to issues raised in the case briefs and comments, may be filed no later than 35 days after the date of issuance of the G Steel Cost Verification Report. *See* 19 CFR 351.309(d). Parties who submit argument in these proceedings are requested to submit with the argument: 1) a statement of the issues, 2) a brief summary of the argument, and

(3)a table of authorities. *See* 19 CFR 351.309(c). An interested party may request a hearing within 30 days of the publication of this notice in the **Federal Register** to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, 14 th Street and Constitution Avenue, NW, Washington, DC 20230. *See* 19 CFR 351.310(c). Any hearing, if requested, will be held two days after the scheduled date for submission of rebuttal briefs. *See* 19 CFR 351.310(d). The Department will issue the final results of this administrative review, including the results of our analysis of the issues raised in any such written comments or at a hearing, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of this review the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), the Department calculates an assessment rate for each importer of the subject merchandise for each respondent. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003 (68 FR 23954). *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by G Steel or by any of the companies for which we are rescinding this review, and for which G Steel or each no-shipment respondent did not know its merchandise would be exported by another company to the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act:

(1)the cash deposit rate for the reviewed company will be the rate listed in the final results of review;

(2)for previously investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period;

(3)if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value

(LTFV)investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and

(4)the cash deposit rate for all other manufacturers or exporters will continue to be the all-others rate of 3.86 percent, which is the all-others rate established in the LTFV investigation. *See Hot Rolled Steel Order* , 66 FR 59562 (November 29, 2001). These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 30, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-23806 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-583-833] Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 6, 2007, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain polyester staple fiber from Taiwan. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. The final weighted-average dumping margin for Far Eastern Textile Limited is listed below in the “Final Results of the Review” section of this notice. DATES: *Effective Dates:* December 7, 2007. FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, Office 1, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-3853 and

(202)482-0182, respectively. SUPPLEMENTARY INFORMATION: Background On June 6, 2007, the Department of Commerce (“the Department”) published in the **Federal Register** the preliminary results of the sixth administrative review of the antidumping duty order on certain polyester staple fiber (“PSF”) from Taiwan. *See Certain Polyester Staple Fiber from Taiwan: Preliminary Results of Antidumping Duty Administrative Review,* 72 FR 31283 (June 6, 2007). We invited interested parties to comment on the preliminary results. On October 24, 2007, we received case briefs from Wellman, Inc. and Invista, S.a.r.l. (collectively, “the petitioners”), and Far Eastern Textile Limited (“FET” or “respondent”). On November 6, 2007, we received rebuttal briefs from the FET and Fibertex Corporation (“Fibertex” or “importer”), an importer of subject merchandise. Period of Review The period of review (“POR”) is May 1, 2005, through April 30, 2006. Scope of the Order For the purposes of this order, the product covered is certain polyester staple fiber (“PSF”). PSF is defined as synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This merchandise is cut to lengths varying from one inch (25 mm) to five inches (127 mm). The merchandise subject to this order may be coated, usually with a silicon or other finish, or not coated. PSF is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters, cushions, pillows, and furniture. Merchandise of less than 3.3 decitex (less than 3 denier) currently classifiable under the Harmonized Tariff Schedule of the United States (“HTSUS”) at subheading 5503.20.00.25 1 is specifically excluded from this order. Also specifically excluded from this order are polyester staple fibers of 10 to 18 denier that are cut to lengths of 6 to 8 inches (fibers used in the manufacture of carpeting). In addition, low-melt PSF is excluded from this order. Low-melt PSF is defined as a bi-component fiber with an outer sheath that melts at a significantly lower temperature than its inner core. 1 The most current edition of the Harmonized Tariff Schedule of the United States (2006)—Supplement 1 (Rev 1) (August 1, 2006) incorporates the revision of HTSUS number 5503.20.00.20 to 5503.20.00.25. The merchandise subject to this order is currently classifiable in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under order is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the December 3, 2007, “Issues and Decision Memorandum for the Sixth Antidumping Duty Administrative Review of Certain Polyester Staple Fiber from Taiwan” (“Decision Memorandum”), which is hereby adopted by this notice. Attached to this notice as an appendix is a list of the issues which parties have raised and to which we have responded in the Decision Memorandum. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Department's Central Records Unit, Room B-099 of the main Department building (“CRU”). In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at *http://www.ia.ita.doc.gov/frn.* The paper copy and electronic version of the Decision Memorandum are identical in content. Fair Value Comparisons To determine whether FET's sales of PSF to the United States were made at less than normal value (“NV”), we compared export price (“EP”) to the NV. We calculated EP, NV, constructed value (“CV”), and the cost of production (“COP”), based on the same methodologies used in the preliminary results, except that we did not weight-average FET's raw material costs for the final results. Results of the COP Test Pursuant to section 773(b)(2)(C)(i) of the Act, where less than 20 percent of sales of a given product were at prices less than the COP, we did not disregard any below-cost sales of that product because we determined that the below-cost sales were not made in “substantial quantities.” Where 20 percent or more of a respondent's sales of a given product during the POR were at prices less than the COP, we determined such sales to have been made in “substantial quantities.” *See* section 773(b)(2)(C) of the Act. The sales were made within an extended period of time in accordance with section 773(b)(2)(B) of the Act, because we examined below-cost sales occurring during the entire POR. In such cases, because we compared prices to POR-average costs, we also determined that such sales were not made at prices which would permit recovery of all costs within a reasonable period of time, in accordance with section 773(b)(2)(D) of the Act. We found that, for certain products, more than 20 percent of the respondent's home market sales were at prices less than the COP and, thus, the below-cost sales were made within an extended period of time and in substantial quantities. In addition, these sales were made at prices that did not permit the recovery of costs within a reasonable period of time. Therefore, we excluded these sales and used the remaining sales, if any, as the basis for determining NV, in accordance with section 773(b)(1) of the Act. Final Results of the Review We find that the following dumping margin exists for the period May 1, 2005, through April 30, 2006: Exporter/manufacturer Weighted-average margin percentage Far Eastern Textile Limited 0.30 ( *de minimis* ). Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries. FET has indicated that it was not the importer of record for any of its sales to the United States during the POR. FET reported the name of its U.S. customer as the importer of record for all U.S. sales. As such, FET did not report the entered value for any of its U.S. sales. Accordingly, we have calculated importer-specific assessment rates for the merchandise in question by aggregating the dumping margins calculated for all U.S. sales to each importer and dividing this amount by the total quantity of those sales. To determine whether the duty assessment rates were *de minimis* , in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer-specific *ad valorem* ratios based on the estimated entered value. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is *de minimis* ( *i.e.* , less than 0.50 percent). The Department will issue assessment instructions directly to CBP 15 days after publication of these final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the period of review produced by the respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,* 68 FR 23954 (May 6, 2003). Cash Deposit Requirements The following deposit requirements are effective for all shipments of PSF from Taiwan entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a)(1) of the Act:

(1)The cash deposit rate for the reviewed company will be the rate listed above (except no cash deposit will be required if its weighted-average margin is *de minimis* , *i.e.* , less than 0.5 percent);

(2)for merchandise exported by manufacturers or exporters not covered in this review but covered in the original less-than-fair-value investigation, the cash deposit rate will continue to be the most recent rate published in the final determination for which the manufacturer or exporter received an individual rate;

(3)if the exporter is not a firm covered in this review or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and

(4)if neither the exporter nor the manufacturer is a firm covered in this review, the cash deposit rate will be 7.31 percent, the “all others” rate established in *Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Polyester Staple Fiber From the Republic of Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber From the Republic of Korea and Taiwan,* 65 FR 33807 (May 25, 2000). These cash deposit requirements shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. 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. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (“APOs”) 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. We are issuing and publishing these results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 3, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. Appendix I List of Comments in the *Decision Memorandum* Comment 1: Application of Total Adverse Facts Available. Comment 2: Fluctuating Monthly Costs. [FR Doc. E7-23815 Filed 12-6-07; 8:45 am] BILLING CODE 3510-DS-P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Proposed Information Collection; Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning its proposed renewal of its Senior Corps Grant Application (424-NSSC)—reference OMB Control Number 3045-0035, with an expiration date of April 30, 2008. The Corporation proposes to renew the Senior Corps Grant Application without significant changes. The modifications proposed by the Corporation for this renewal are limited to language changes to the application instructions: • Remove the term “non-impact” work plan and replace with “work plan” to clarify and simplify for applicants; • Update the “Required Documents” list to specify that applicants send the 990 Financial Form in the event that the organization does not meet the threshold for an A-133 audit. Copies of the information collection can be obtained by contacting the office listed in the address section of this notice. DATES: Written comments must be submitted to the individual and office listed in the ADDRESSES section by February 5, 2008. ADDRESSES: You may submit comments, identified by the title of the information collection activity, by any of the following methods:

(1)By mail sent to: Corporation for National and Community Service, Senior Corps; Attention Ms. Angela Roberts, Associate Director, Room 9401; 1201 New York Avenue, NW., Washington, DC 20525.

(2)By hand delivery or by courier to the Corporation's mailroom on the 8th Floor at the mail address given in paragraph

(1)above, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays.

(3)By fax to:

(202)606-3475, Attention Ms. Angela Roberts, Associate Director.

(4)Electronically through the Corporation's e-mail address system: *aroberts@cns.gov* . FOR FURTHER INFORMATION CONTACT: Angela Roberts,

(202)606-6822 or by e-mail at *aroberts@cns.gov* . SUPPLEMENTARY INFORMATION: The Corporation is particularly interested in comments that: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; Enhance the quality, utility, and clarity of the information to be collected; and Minimize the burden of the collection of information on those who are expected to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submissions of responses). *Background:* The Senior Corps Grant Application is completed by applicant organizations interested in sponsoring a Senior Corps program. The application is completed electronically using the Corporation's Web-based grants management system, eGrants. *Current Action:* The Corporation seeks to renew the current application without significant change. Revisions are limited to minor language changes in the Application Instructions to facilitate ease of use by applicants. The current application is due to expire on April 30, 2008. *Type of Review:* Renewal. *Agency:* Corporation for National and Community Service. *Title:* National Senior Service Corps Grant Application. *OMB Number:* 3045-0035. *Agency Number:* SF 424-NSSC. *Affected Public:* Current and prospective sponsors of National Senior Service Corps Grants. *Total Respondents:* 1,350. *Frequency:* Annually, with exceptions. *Average Time Per Response:* Averages 13.2 hours. Estimated at 16.5 hours for first time respondents; 15 hours for continuation sponsors; 5 hours for revisions. *Estimated Total Burden Hours:* 17,820 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* $6,497. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: November 30, 2007. Tess Scannell, Director, Senior Corps. [FR Doc. E7-23793 Filed 12-6-07; 8:45 am] BILLING CODE 6050-$$-P DEPARTMENT OF DEFENSE Office of the Secretary Renewal of Federal Advisory Committee AGENCY: Department of Defense. ACTION: Notice. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it will renew the charter for the Board of Visitors National Defense Intelligence College. The purpose of the Board of Visitors for the National Defense Intelligence College (hereafter referred to as the Board of Visitors) is to provide the Secretary of Defense independent advice on matters relating to the mission of the National Defense Intelligence College. The Director, Defense Intelligence Agency may act upon the Board of Visitor's advice and recommendations The Board of Visitors shall be comprised of no more than twelve members, and the Department of Defense, to achieve a balanced membership, will include a cross-section of experts and eminent authorities in the fields of national intelligence, defense and academia. The Secretary of Defense approves the appointment of the members, and those who are not full-time Federal officers or employees are appointed as Special Government Employees under the authority of 5 U.S.C. 3109. With the exception of travel and per diem for official travel, the members shall server without compensation. The Director, Defense Intelligence Agency shall select the committee's chairperson from the Board of Visitors at large. The Board of Visitors shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the chartered committee, and shall report all their recommendations and advice to the Board of Visitors for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered committee nor can they report directly to the Department of Defense or any Federal officers or employees who are not members of the Board of Visitors. SUPPLEMENTARY INFORMATION: The Board of Visitors shall meet at the call of the committee's Designated Federal Officer, in consultation with the Chairperson and the Director, Defense Intelligence Agency. The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Board of Visitors National Defense Intelligence College membership about the Panel's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board of Visitors National Defense Intelligence College. All written statements shall be submitted to the Designated Federal Officer for the Board of Visitors National Defense Intelligence College, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Board of Visitors National Defense Intelligence College's Designated Federal Officer can be obtained from the GSA's FACA Database— *https://www.fido.gov/facadatabase/public.asp.* The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Board of Visitors National Defense Intelligence College. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question. FOR FURTHER INFORMATION CONTACT: Jim Freeman, DoD Committee Management Office, 703-601-2554, extension 128. Dated: November 30, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-23765 Filed 12-6-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary of Defense Meeting of the DOD Advisory Group on Electron Devices AGENCY: Department of Defense, Advisory Group on Electron Devices. ACTION: Notice. SUMMARY: The Department of Defense announces DoD Advisory Group on Electron Devices

(AGED)closed session meeting. DATES: The meeting will be held at 0900, Tuesday, January 9, 2008. ADDRESSES: The meeting will be held at the QNA, 4100 N. Fairfax Drive, Suite 800, Arlington, VA 22203. FOR FURTHER INFORMATION CONTACT: Ms. Aimee Steussy, QNA, 4100 N. Fairfax Drive, Suite 800, Arlington, VA 22203, 703-284-8357. SUPPLEMENTARY INFORMATION: The mission of the Advisory Group is to provide advice to the Under Secretary of Defense for Acquisition, Technology and Logistics, to the Director of Defense Research and Engineering (DDR&E), and through the DDR&E to the Director, Defense Advanced Research Projects Agency and the Military Departments in planning and managing an effective and economical research and development program in the area of electron devices. The AGED meeting will be limited to review of research and development efforts in electronics and photonics with a focus on benefits to national defense. These reviews may form the basis for research and development programs initiated by the Military Departments and Defense Agencies to be conducted by industry, universities or in government laboratories. The agenda for this meeting will include programs on molecular electronics, microelectronics, electro-optics, and electronic materials. In accordance with section 10(d) of Pub. L. No. 92-463, as amended, (5 U.S.C. App. 2), it has been determined that this Advisory Group meeting concerns matters listed in 5 U.S.C. 552b(c)(1), and that accordingly, this meeting will be closed to the public. Dated: November 30, 2007. L.M. Bynum, Alternate, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-23764 Filed 12-6-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Material Inspection and Receiving Report (OMB Control Number 0704-0248) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Notice and request for comments regarding a proposed extension of an approved information collection requirement. SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on:

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

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

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

(d)ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget

(OMB)has approved this information collection requirement for use through March 31, 2008. DoD proposes that OMB extend its approval for use for three additional years. DATES: DoD will consider all comments received by February 5, 2008. ADDRESSES: You may submit comments, identified by OMB Control Number 0704-0248, using any of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail:* *dfars@osd.mil.* Include OMB Control Number 0704-0248 in the subject line of the message. • *Fax:* 703-602-7887. • *Mail:* Defense Acquisition Regulations System, Attn: Mr. Dustin Pitsch, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. • *Hand Delivery/Courier:* Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Comments received generally will be posted without change to *http://www.regulations.gov,* including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, 703-602-8387. The information collection requirements addressed in this notice are available on the World Wide Web at: *http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.* Paper copies are available from Mr. Dustin Pitsch, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. SUPPLEMENTARY INFORMATION: *Title, Associated Forms, and OMB Number:* Defense Federal Acquisition Regulation Supplement (DFARS) Appendix F, Material Inspection and Receiving Report; DD Form 250, DD Form 250c, DD Form 250-1; OMB Control Number 0704-0248. *Needs and Uses:* Collection of this information is necessary to process the shipping and receipt of materials and payment to contractors under DoD contracts. *Affected Public:* Businesses or other for-profit and not-for-profit institutions. *Annual Burden Hours:* 153,800. *Number of Respondents:* 17,120. *Responses per Respondent:* 217. *Annual Responses:* 3,720,000. *Average Burden per Response:* Approximately 2.5 minutes. *Frequency:* On occasion. Summary of Information Collection This information collection includes the requirements of DFARS Appendix F, Material Inspection and Receiving Report; the related clause at DFARS 252.246-7000, Material Inspection and Receiving Report; and DD Forms 250, 250c, and 250-1. The clause at DFARS 252.246-7000 is used in contracts that require separate and distinct deliverables. The clause requires the contractor to prepare and furnish to the Government a material inspection and receiving report (DD Form 250) in a manner and to the extent required by DFARS Appendix F. The information in the report is required for material inspection and acceptance, shipping, and payment. The contractor may submit the information by using the Wide Area WorkFlow-Receipt and Acceptance electronic form. Michele P. Peterson, Editor, Defense Acquisition Regulations System. [FR Doc. E7-23656 Filed 12-6-07; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before February 5, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, *e.g.* new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:

(1)Is this collection necessary to the proper functions of the Department;

(2)will this information be processed and used in a timely manner;

(3)is the estimate of burden accurate;

(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: December 3, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* 2004/09 Beginning Postsecondary Students Longitudinal Study (BPS:04/09). *Frequency:* On Occasion. *Affected Public:* Individuals or household; Businesses or other for-profit; Not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* *Responses:* 1,000. *Burden Hours:* 383. *Abstract:* The 2004/06 Beginning Postsecondary Students Longitudinal Study (BPS:04/09) is being conducted to continue the series of longitudinal data collection efforts started in 1990 with the National Postsecondary Students Aid Study to enhance knowledge concerning progress and persistence in postsecondary education for new entrants. The study will address issues such as progress, persistence, and completion of postsecondary education programs, entry into the workforce, the relationship between experiences during postsecondary education and various societal and personal outcomes, and returns to the individual and to society on the investment in postsecondary education. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3527. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E7-23811 Filed 12-6-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Safe and Drug-Free Schools; Overview Information; Grants for the Integration of Schools and Mental Health Systems; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2008 Catalog of Federal Domestic Assistance

(CFDA)Number: 84.215M. DATES: *Applications Available:* December 7, 2007. *Deadline for Transmittal of Applications:* January 30, 2008. *Deadline for Intergovernmental Review:* March 31, 2008. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* Grants for the Integration of Schools and Mental Health Systems will provide funds to increase student access to high-quality mental health care by developing innovative approaches that link school systems with the local mental health system. *Priority:* In accordance with 34 CFR 75.105(b)(2)(iv), this priority is from section 5541 of the Elementary and Secondary Education Act of 1965, as amended

(ESEA)(20 U.S.C. 7269). *Absolute Priority:* For FY 2008 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3) we consider only applications that meet this priority. This priority is: Increasing student access to quality mental health care by developing innovative approaches to link local school systems with the local mental health system. A program funded under this absolute priority must include all of the following activities:

(1)Enhancing, improving, or developing collaborative efforts between school-based service systems and mental health service systems to provide, enhance, or improve prevention, diagnosis, and treatment services to students.

(2)Enhancing the availability of crisis intervention services, appropriate referrals for students potentially in need of mental health services, and ongoing mental health services.

(3)Providing training for the school personnel and mental health professionals who will participate in the program.

(4)Providing technical assistance and consultation to school systems and mental health agencies and families participating in the program.

(5)Providing linguistically appropriate and culturally competent services.

(6)Evaluating the effectiveness of the program in increasing student access to quality mental health services, and making recommendations to the Secretary about sustainability of the program. *Additional Requirements:* The following requirements are from the notice of final requirements for this program, published in the **Federal Register** on May 30, 2006 (71 FR 30778). Requirement 1—Coordination of Activities Recipients of a grant under the Grants for the Integration of Schools and Mental Health Systems program are required to coordinate project activities with projects funded under the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration's Mental Health Transformation State Infrastructure Grants (MHTSIG) program (CFDA 93.243), if a grantee's State receives a MHTSIG award. If a recipient of a grant under the Grants for the Integration of Schools and Mental Health Systems program has received or receives a grant under the Department of Education's Emergency Response and Crisis Management program, now known as the Readiness and Emergency Management for Schools

(REMS)grant competition (CFDA 84.184E), the recipient must coordinate mental health service activities under this grant with those planned under its REMS grant. Projects funded by this program must complement, rather than duplicate, existing or ongoing efforts. Requirement 2—Safe Schools/Healthy Students Recipients Excluded From Receiving Awards Former or current recipients under the Safe Schools/Healthy Students program (CFDA 84.184L) are not eligible to receive a Grant for the Integration of Schools and Mental Health Systems. Recipients of Safe Schools/Healthy Students awards are responsible for completing a scope of work under that program that is very similar to the activities required under the Grants for the Integration of Schools and Mental Health Systems program. By restricting the applicant pool to eliminate former or current grantees under the Safe Schools/Healthy Students program, we will be able to focus Federal funds on entities that have not yet received Federal support to develop and implement strong linkages with other entities in their communities for the provision of mental health services to students. Applicants may compete for both the Grants for the Integration of Schools and Mental Health Systems and Safe Schools/Healthy Students programs in the same year; if applicants are deemed eligible for funding in both grant competitions, the applicant will receive the larger and more comprehensive of the awards. Requirement 3—Preliminary Interagency Agreement Applicants for an award under the Grants for the Integration of Schools and Mental Health Systems program must develop and submit with their applications a preliminary interagency agreement (IAA). The IAA must contain the signatures of an authorized representative of at least

(1)one or more State or local educational agencies or Indian tribes;

(2)one or more juvenile justice authorities; and

(3)one or more State or local public mental health agencies. This preliminary IAA would confirm the commitment of these partners to complete the work under the proposed project, if funded. If the applicant is funded, recipients will complete a final IAA as required by section 5541(e) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). The final IAA must be completed and submitted to us, signed by all parties, no later than 12 months after the award date. Applications that do not include the proposed preliminary IAA with all of the required signatures will be rejected and not be considered for funding. Requirement 4—Inclusion of Parental Consent Considerations in Final IAA The final Interagency Agreement

(IAA)must include a description of policies and procedures that would ensure appropriate parental or caregiver consent for any planned services, pursuant to State or local laws or other requirements. Requirement 5—Provision of Direct Services Grant funds under this program must not be used to provide direct services to students. *Program Authority:* 20 U.S.C. 7269. *Applicable Regulations:*

(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 82, 84, 85, 97, 98, 99, and 299.

(b)The notice of final requirements for this program published in the **Federal Register** on May 30, 2006 (71 FR 30778). Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* The Administration's budget request for FY 2008 does not include funds for this program. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program. Contingent upon the availability of funds and the quality of applications, we may make additional awards later in FY 2008 and in FY 2009 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $150,000-$350,000. *Estimated Average Size of Awards:* $250,000. *Estimated Number of Awards:* 19. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 18 months. III. Eligibility Information 1. *Eligible Applicants:* State educational agencies, local educational agencies (LEAs), including charter schools that are considered LEAs under State law, and Indian tribes. Additional eligibility requirements are listed elsewhere in this notice under section I. Funding Opportunity Description, *Additional Requirements* . 2. a. *Cost Sharing or Matching:* This program does not require cost sharing or matching. b. *Supplement-Not-Supplant:* This program involves supplement-not-supplant funding requirements in accordance with section 5541(i) of the ESEA. IV. Application and Submission Information 1. *Address to Request Application Package:* You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: *http://www.ed.gov/programs/mentalhealth/applicant.html* . To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. Fax:

(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov* . If you request an application from ED Pubs, be sure to identify this program or competition as follows: CFDA number 84.215M. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. 3. *Submission Dates and Times:* *Applications Available:* December 7, 2007. *Deadline for Transmittal of Applications:* January 30, 2008. Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* March 31, 2008. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. 5. *Funding Restrictions:* Grant funds under this program must not be used to provide direct services to students or families. We reference additional regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Grants for the Integration of Schools and Mental Health Systems, 84.215M, is included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Grants for the Integration of Schools and Mental Health Systems at *http://www.Grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.215, not 84.215M). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include

(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);

(2)registering yourself as an Authorized Organization Representative (AOR); and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).* You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215M), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA Number 84.215M), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark.

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3)A dated shipping label, invoice, or receipt from a commercial carrier.

(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

(1)A private metered postmark.

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery* . If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215M), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—

(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this program are from 34 CFR 75.210 and are listed in the application package. 2. *Review and Selection Process:* Additional factors we consider in selecting an application for an award are the equitable distribution of grants among the geographical regions of the United States and among urban, suburban, and rural populations. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. You must also submit an interim progress report twelve months after the award date. This report should provide the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html* . 4. *Performance Measures:* The Secretary has established the following key performance measures for assessing the effectiveness of the Grants for the Integration of Schools and Mental Health Systems program: a. The percentage of schools served by the grant that have comprehensive, detailed linkage protocols in place; and b. The percentage of school personnel served by the grant who are trained to make appropriate referrals to mental health services. These two measures constitute the Department's measures of success for this program. Consequently, applicants for a grant under this program are advised to give careful consideration to these two measures in conceptualizing the approach and evaluation of their proposed project. If funded, applicants will be asked to collect and report data in their performance and final reports about progress toward these measures. The Secretary will also use this information to respond to the evaluation requirements concerning this program established in section 5541(f) of the ESEA. For specific requirements on grantee reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html* . VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Dana Carr, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3E332, FB6, Washington, DC 20202. Telephone:

(202)260-0823 or by e-mail: *dana.carr@ed.gov* . If you use a TDD, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

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

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: November 30, 2007. Deborah A. Price, Assistant Deputy Secretary for Safe and Drug-Free Schools. [FR Doc. E7-23749 Filed 12-6-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY [Docket No. 2007-OE-01, Mid-Atlantic Area National Interest Electric Transmission Corridor; Docket No. 2007-OE-02, Southwest Area National Interest Electric Transmission Corridor] National Interest Electric Transmission Corridor Designation Orders AGENCY: Office of Electricity Delivery and Energy Reliability (DOE). ACTION: Notice of orders granting rehearing. SUMMARY: The Department of Energy

(DOE)is granting rehearing to all timely-filed requests for rehearing by parties to the proceedings for designating the Mid-Atlantic Area National Electric Transmission Corridor (Docket No. 2007-OE-01) and the Southwest Area National Electric Transmission Corridor (Docket No. 2007-OE-02) for the limited purpose of further consideration of the requests. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to David Meyer, DOE Office of Electricity Delivery and Energy Reliability,

(202)586-1411, *david.meyer@hq.doe.gov* . For legal information, contact Lot Cooke, DOE Office of the General Counsel,

(202)586-0503, *lot.cooke@hq.doe.gov.* SUPPLEMENTARY INFORMATION: On October 5, 2007 (72 FR 56992), DOE issued a National Electric Transmission Congestion Report and Order in which it designated the Mid-Atlantic Area National Interest Electric Transmission Corridor (Docket No. 2007-OE-01) and the Southwest Area National Interest Electric Transmission Corridor (Docket No. 2007-OE-02). DOE received and is considering numerous requests for rehearing. This Notice contains two orders issued in Washington, DC, on December 3, 2007, granting rehearing to all timely-filed requests for rehearing in the above dockets for the limited purpose of further consideration. Patricia A. Hoffman, Principal Deputy Assistant Secretary, Office of Electricity Delivery and Energy Reliability. United States of America; Department of Energy Mid-Atlantic Area National Interest Electric Transmission Corridor [Docket No. 2007-OE-01] Order Granting Rehearing for Further Consideration The Department of Energy

(DOE)issued a National Electric Transmission Congestion Report and Order in the above docket in which it designated the Mid-Atlantic Area National Interest Electric Transmission Corridor (72 FR 56992, Oct. 5, 2007). Rehearing has been timely requested of DOE's Report and Order. In order to afford additional time for consideration of the matters raised in the rehearing requests, rehearing of DOE's Report and Order is hereby granted to all timely-filed requests for rehearing by parties to the above docket for the limited purpose of further consideration. All rehearing requests filed in the above docket will be addressed in a future order or orders. As provided in Ordering Paragraph E of the Report and Order, DOE will not accept responses to requests for rehearing. Patricia A. Hoffman, *Principal Deputy Assistant Secretary, Office of Electricity Delivery and Energy Reliability.* United States of America, Department of Energy Southwest Area National Interest, Electric Transmission Corridor [Docket No. 2007-OE-02] Order Granting Rehearing for Further Consideration The Department of Energy

(DOE)issued a National Electric Transmission Congestion Report and Order in the above docket in which it designated the Southwest Area National Interest Electric Transmission Corridor (72 FR 56992, Oct. 5, 2007). Rehearing has been timely requested of DOE's Report and Order. In order to afford additional time for consideration of the matters raised in the rehearing requests, rehearing of DOE's Report and Order is hereby granted to all timely-filed requests for rehearing by parties to the above docket for the limited purpose of further consideration. All rehearing requests filed in the above docket will be addressed in a future order or orders. As provided in Ordering Paragraph E of the Report and Order, DOE will not accept responses to requests for rehearing. Patricia A. Hoffman, *Principal Deputy Assistant Secretary, Office of Electricity Delivery and Energy Reliability.* [FR Doc. E7-23809 Filed 12-6-07; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES07-66-002] Allegheny Generating Company; Notice of Compliance Filing November 30, 2007. Take notice that on November 29, 2007, Allegheny Generating Company tendered for filing a supplement to Exhibit B of its application as requested by the Commission on November 14, 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 10, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23775 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Institution of Proceeding and Refund Effective Date December 3, 2007. Ameren Services Company Northern Indiana Public Service Company v. Midwest Independent Transmission System Operator, Inc Docket No. EL07-86-000. Great Lakes Utilities Indiana Municipal Power Agency Missouri Joint Municipal Electric Utility Commission Prairie Power, Inc Southern Minnesota Municipal Power Agency Wisconsin Public Power Inc. v. Midwest Independent Transmission System Operator, Inc Docket No. EL07-88-000. Wabash Valley Power Association, Inc. v. Midwest Independent Transmission System Operator, Inc. Docket No. EL07-92-000. On November 28, 2007, the Commission issued an order that instituted a proceeding in the above-referenced dockets, pursuant to Section 206 of the Federal Power Act

(FPA)16 U.S.C. 824e, to review evidence and to establish a just and reasonable Revenue Sufficiency Guarantee cost allocation methodology for market participants under the Midwest Independent Transmission System Operator, Inc.'s Open Access Transmission and Energy Markets Tariff. *Ameren Service Company, et al.* , 121 FERC ¶ 61,205 (2007). The refund effective date in the above-docketed proceeding, established pursuant to section 206(b) of the FPA, is August 10, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23767 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-61-001] ISO New England, Inc.; Notice of Filing November 30, 2007. Take notice that on November 28, 2007, ISO New England Inc. tendered for filing responses to the Commission's deficiency letter issued on November 16, 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 7, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23774 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-1244-001] NorthPoint Energy Solutions, Inc.; Notice of Filing November 30, 2007. Take notice that on November 28, 2007, NorthPoint Energy Solutions, Inc. tendered for filing an amendment to their October 22, 2007 amended market-based rate tariff filing. 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 19, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23773 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2686-054] Duke Energy Carolinas, LLC; Notice of Availability of Environmental Assessment November 30, 2007. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879) the Office of Energy Projects has prepared an environmental assessment

(EA)for an application filed by Duke Energy Carolinas, LLC (licensee) on January 16, 2007, requesting Commission approval of a non-project use of project lands. The licensee requests permission to grant to The Point at Lake Glenville (The Point) a lease for 0.55 acre of project land and permission to install a private cluster dock with a capacity of 10 watercraft at the Westfork Hydroelectric Project (FERC No. 2686). The project is located on the West Fork of the Tuckasegee River near the town of Cashiers in Jackson County, North Carolina. The project does not occupy any federal lands. The EA evaluates the environmental impacts that would result from approving the licensee's proposal to grant The Point a lease and permission to replace an existing 5-slip private cluster dock with the proposed 10-slip private cluster dock. The EA finds that approval of the application would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is on file with the Commission and is available for public inspection. The EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number (P-2686) excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. Any comments should be filed by January 2, 2008 and should be addressed to the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1-A, Washington, DC 20426. Please reference the project name and project number (P-2686) on all comments. Comments may be filed electronically via Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “eFiling” link. For further information, contact Chris Yeakel at

(202)502-8132. Kimberly D. Bose, Secretary. [FR Doc. E7-23781 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 618-170] Alabama Power Company; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests November 30, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Request for Temporary Variance of Minimum Flow Requirement. b. *Project No.:* 618-170. c. *Date Filed:* November 26, 2007. d. *Applicant:* Alabama Power Company. e. *Name of Project:* Jordan Dam. f. *Location:* On the Coosa River, in Elmore, Chilton, and Coosa Counties, Alabama. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Barry Lovett, Alabama Power Company, 600 N.18th Street, P.O. Box 2641, Birmingham, AL 35291,

(205)257-1258. i. *FERC Contact:* Peter Yarrington, *peter.yarrington@ferc.gov* ,

(202)502-6129. j. *Deadline for filing comments, motions to intervene and protests:* December 17, 2007. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. k. *Description of Request:* The Alabama Power Company

(APC)is requesting a 90-day variance of the Jordan Dam Project's minimum flow requirements due to continuing drought conditions in the Southeast, and to allow continuation of a study of the effects of minimum flow reductions on aquatic resources, including the federally endangered Tulotoma snail, *Tulotoma magnifica* . Drought conditions in the Coosa River Basin continue to be rated “exceptional,” the most severe category recognized by the U.S. Drought Monitoring Program. The project license requires a flow release of 2,000 cfs July 1 through March 31. The licensee proposes to provide a flow of 1,600 cfs (+/−5%) at Jordan Dam during the 90-day variance, to begin December 2, 2007. l. *Location of the Application:* The filing is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426 or by calling

(202)502-8371, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at *http://www.ferc.gov/docsfiling/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* ; for TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item

(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions To Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. p. *Agency Comments:* Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(I)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E7-23772 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12918-000] FFP Project 29, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments November 30, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12918-000. c. *Date filed:* August 6, 2007. d. *Applicant:* FFP Project 29, LLC. e. *Name of Project:* Sara Bend Project. f. *Location:* The project would be located in a section of the Mississippi River in West Feliciana Parish and Pointe Coupee Parish, Louisiana. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contacts:* Mr. Daniel Irvin, FFP Project 29, LLC, 69 Bridge Street, Manchester, MA 01944, phone

(978)232-3536, and Ms. Maureen Winters, Project Manager, Devine Tarbell & Associates, 970 Baxter Boulevard, Portland, ME 04103, phone

(207)775-4495. i. *FERC Contact:* Kelly Houff,

(202)502-6393. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. *All documents (original and eight copies) should be filed with:* Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12918-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project consists of:

(1)2,000 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 40 megawatts,

(2)a proposed transmission line,

(3)a mooring system comprised of either free standing pilings or existing infrastructure which will anchor the units, and

(4)appurtenant facilities. The FFP Project 29, LLC, project would have an average annual generation of 175.200 gigawatt-hours and be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, “COMPETING APPLICATION” OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E7-23777 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12925-000] FFP Project 39, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments November 30, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12925-000. c. *Date filed:* August 6, 2007. d. *Applicant:* FFP Project 39, LLC. e. *Name of Project:* Malone Field Light Project. f. *Location:* The project would be located in a section of the Mississippi River in Bolivar County, Mississippi and Desha County, Arkansas. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)—825(r). *h. Applicant Contacts:* Mr. Daniel Irvin, FFP Project 39, LLC, 69 Bridge Street, Manchester, MA 01944, phone

(978)232-3536, and Ms. Maureen Winters, Project Manager, Devine Tarbell & Associates, 970 Baxter Boulevard, Portland, ME 04103, phone

(207)775-4495. i. *FERC Contact:* Kelly Houff,

(202)502-6393. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. *All documents (original and eight copies) should be filed with:* Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12925-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project consists of:

(1)4,400 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 88 megawatts,

(2)a proposed transmission line,

(3)a mooring system comprised of either free standing pilings or existing infrastructure which will anchor the units, and

(4)appurtenant facilities. The FFP Project 39, LLC, project would have an average annual generation of 385.440 gigawatt-hours and be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, “COMPETING APPLICATION” OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E7-23778 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12926-000] FFP Project 38, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments November 30, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12926-000. c. *Date filed:* August 6, 2007. d. *Applicant:* FFP Project 38, LLC. e. *Name of Project:* Walker Bend Project. f. *Location:* The project would be located in a section of the Mississippi River in Washington County, Mississippi and Chicot County, Arkansas. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contacts:* Mr. Daniel Irvin, FFP Project 38, LLC, 69 Bridge Street, Manchester, MA 01944, phone

(978)232-3536, and Ms. Maureen Winters, Project Manager, Devine Tarbell & Associates, 970 Baxter Boulevard, Portland, ME 04103, phone

(207)775-4495. i. *FERC Contact:* Kelly Houff,

(202)502-6393. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. *All documents (original and eight copies) should be filed with:* Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12926-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project consists of:

(1)2,400 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 48 megawatts,

(2)a proposed transmission line,

(3)a mooring system comprised of either free standing pilings or existing infrastructure which will anchor the units, and

(4)appurtenant facilities. The FFP Project 38, LLC, project would have an average annual generation of 210.240 gigawatt-hours and be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, “COMPETING APPLICATION” OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E7-23779 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13049-000] Pacific Gas and Electric Company; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments November 30, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13049-000. c. *Date filed:* October 5, 2007. d. *Applicant:* Pacific Gas and Electric Company. e. *Name of Project:* Rock Creek Dam Streamflow Incremental Generation Project f. *Location:* The project would be located in the North Fork Feather River upstream of Lake Oroville, near the towns of Belden, Tobin, and Storrie, in Plumas County, California. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Alan Soneda, Pacific Gas and Electric Company, 245 Market Street, MS N11E, P.O. Box 770000, San Francisco, CA 94177-0001, phone (415)-973-4054. i. *FERC Contact:* Sonali Dohale,

(202)502-6444. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would develop incremental capacity at PG&E's licensed Project No. 1962, and consist of a proposed powerhouse with a turbine and generator to be constructed on the right

(west)abutment at the downstream side of the existing Rock Creek Dam. The existing Rock Creek Dam is one of two dams comprising the existing Rock Creek-Cresta Project No. 1962, which has a generating capacity of 182 MW. The proposed project will be run-of-river; the required minimum instream flow downstream of Rock Creek Dam will be passed through the proposed powerhouse without change in volume or timing. The estimated average annual energy production and estimated capacity of the new unit are 23.1 GWH and 3.6 MW, respectively. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, “COMPETING APPLICATION” OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E7-23780 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12607-001] Town of Massena; Notice of Dispute Resolution Panel Meeting and Technical Conference November 30, 2007. On November 26, 2007, Commission staff, in response to the filing of a notice of study dispute by the New York State Department of Environmental Conservation on November 8, 2007, convened two three-person Dispute Resolution Panels pursuant to 18 CFR 5.14(d). The Panels will hold a two-session technical conference at the times and place noted below. The morning session (Session 1) will address study disputes regarding impacts related to floodplain, ice management, municipal combined sewer overflows and infrastructure. The afternoon session (Session 2) will address study disputes regarding sampling for sturgeon movement and spawning and the Phase II ASTM environmental site assessment. The focus of the technical session is for the disputing agency, applicant, and Commission to provide the Panels with additional information necessary to evaluate the disputed studies. All local, state, and federal agencies, Indian tribes, and other interested parties are invited to attend the meeting as observers. The Panels may also request information or clarification on written submissions as necessary to understand the matters in dispute. The Panels will limit all input that it receives to the specific studies or information in dispute and will focus on the applicability of such studies or information to the study criteria stipulated in 18 CFR 5.9(b). If the number of participants wishing to speak creates time constraints, the Panels may, at their discretion, limit the speaking time for each participant. Technical Conference Date: December 12, 2007. Session 1: 9 a.m.-11:30 a.m. (EST). Session 2: 1 p.m.-4 p.m. Place: Doubletree Hotel Syracuse, 6301 State Route 298, East Syracuse, New York 13057. Phone: 315-432-0200. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E7-23751 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Second Notice of Technical Conference November 30, 2007. Interconnection Queuing Practices Docket No. AD08-2-000 Midwest Independent Transmission System Operator Docket No. ER07-1375-000 Midwest Independent Transmission System Operator Docket No. ER07-970-000 Southwest Power Pool Docket No. ER07-1311-000 PacifiCorp Docket No. OA07-54-000 United States Department of Energy Bonneville Power Administration Docket No. NJ08-2-000 As announced in the “Notice of Technical Conference” issued on November 2, 2007, a technical conference will be held on Tuesday, December 11, 2007 from 9:30 a.m. to approximately 4:30 p.m.

(EST)(changed from the starting and closing times listed in the previous notice), in the Commission Meeting Room of the Federal Energy Regulatory Commission

(FERC)at 888 First Street, NE., Washington, DC 20426. Commissioners will be attending this conference. The Commission issued Order No. 2003 to standardize the agreements and procedures related to the interconnection of large generating facilities. 1 The Commission found that “[a] standard set of procedures as part of the OATT for all jurisdictional transmission facilities will minimize opportunities for undue discrimination and expedite the development of new generation, while protecting reliability and ensuring that rates are just and reasonable.” 2 Key to appropriately balancing these goals was a set of comprehensive queue management procedures. However, some regions are experiencing various issues in attempting to manage their queues. Surges in the volume of new generation development are taxing the current queue management approach for interconnections in some regions. Comparable issues have arisen in the transmission service queues for similar reasons. Additionally, the unprecedented demand in some regions for new types of generation, principally renewable generation, places further stress on the current queue management approach because such generation technologies can, for example, be brought online more quickly than traditional generation. Finally, some regions have implemented new capacity markets that did not exist when the current queue management approach was developed and are struggling with how to adjust queue management to accommodate those new markets. 1 *Standardization of Generator Interconnection Agreements and Procedures,* Order No. 2003, FERC Stats. & Regs. ¶ 31,146 (2003), *order on reh'g,* Order No. 2003-A, FERC Stats. & Regs. ¶ 31,160, *order on reh'g,* Order No. 2003-B, FERC Stats. & Regs. ¶ 31,171 (2004), *order on reh'g,* Order No. 2003-C, FERC Stats. & Regs. ¶ 31,190 (2005), *aff'd sub nom. Nat'l Ass'n of Regulatory Util. Comm'rs* v. *FERC,* 475 F.3d 1277 (D.C. Cir. 2007). See also *Standardization of Small Generator Interconnection Agreements and Procedures,* Order No. 2006, FERC Stats. & Regs. ¶ 31,180, *order on reh'g,* Order No. 2006-A, FERC Stats. & Regs. ¶ 31,196 (2005), *order granting clarification,* Order No. 2006-B, FERC Stats. & Regs. ¶ 31,221 (2006), *appeal pending sub nom. Consol. Edison Co. of N.Y., Inc.* v. *FERC,* Nos. 06-1275, et al. (D.C. Cir. filed July 14, 2006 and later); *Interconnection for Wind Energy,* Order No. 661, FERC Stats. & Regs. ¶ 31,186 (2005), *order on reh'g,* Order No. 661-A, FERC Stats. & Regs. ¶ 31,198 (2005). 2 Order No. 2003, FERC Stats. & Regs. ¶ 31,146 at P 11. The purpose of this conference is to discuss possible methods to address the current challenges of queue management while still honoring the Order No. 2003 goals described above. Panelists should identify the steps and timeframes necessary to implement specific proposals. The agenda for the conference is attached. Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. Additionally, a free webcast of this event will be available through *http://www.ferc.gov* . Anyone with Internet access who desires to view this event can do so by navigating to www.ferc.gov's Calendar of Events and locating this event in the Calendar. The event will contain a link to its webcast. The Capitol Connection provides technical support for the free webcasts. It also offers access to this event via television in the DC area and via phone bridge for a fee. If you have any questions, visit *http://www.CapitolConnection.org* or contact Danelle Perkowski or David Reininger at 703-993-3100. FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free 1-866-208-3372 (voice) or 202-208-8659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. For further information about the conference, please contact: Sarah McKinley, Office of External Affairs,

(202)502-8368, *sarah.mckinley@ferc.gov* ; or Mary Morton, Energy Innovations Sector, Office of Energy Markets and Regulation,

(202)502-8040, *mary.morton@ferc.gov* . Kimberly D. Bose, Secretary. [FR Doc. E7-23782 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of FERC Staff Attendance at Southwest Power Pool Independent Coordinator of Transmission

(ICT)Stakeholders Policy Committee Meeting December 3, 2007. The Federal Energy Regulatory Commission hereby gives notice that members of its staff may attend the meeting noted below. Their attendance is part of the Commission's ongoing outreach efforts. ICT Stakeholders Policy Committee Meeting December 11, 2007 (9 a.m.-3 p.m. CST), Crowne Plaza Houston North Greenspoint, 425 N. Sam Houston Pkwy East, Houston, TX 77060, 281-445-9000. The discussions may address matters at issue in the following proceedings: Docket No. EL07-52 Louisiana Public Service Commission v. Entergy Services, Inc. Docket No. ER08-160 Entergy Services, Inc. Docket No. ER08-161 Entergy Services, Inc. Docket No. ER08-162 Entergy Services, Inc. Docket No. ER07-1385 Entergy Services, Inc. Docket No. ER08-31 Entergy Services, Inc. Docket No. OA07-32 Entergy Services, Inc. Docket No. ER05-1065 Entergy Services, Inc. Docket No. EL06-76 Arkansas Public Service Commission v. Entergy Services, Inc. Docket No. EL06-78 Louisiana Public Service Commission v. Entergy Services, Inc. Docket No. ER07-1252 Entergy Services, Inc. Docket No. EL00-66 Louisiana Public Service Commission v. Entergy. Docket No. EL03-230 Exxon Mobil v. Entergy. Docket No. EL05-15 Arkansas Electric Cooperative, Corp. v. Entergy Arkansas, Inc. Docket No. ER06-1555 Entergy Services, Inc. Docket No. ER05-1358 KGen Hinds LLC. Docket No. ER05-1394 KGen Hot Spring LLC. Docket No. ER05-1419 Hot Spring Power Company, LP. Docket No. ER07-985 Entergy Services, Inc. Docket No. ER03-583 Entergy Services, Inc. Docket No. ER03-681 Entergy Services, Inc. Docket No. ER03-682 Entergy Services, Inc. Docket No. ER03-744 Entergy Services, Inc. Docket No. ER07-956 Entergy Services, Inc. Docket No. ER07-682 Entergy Services, Inc. These meetings are open to the public. For more information, contact Amy Demetry, Office of Energy Market Regulation, Federal Energy Regulatory Commission at

(202)502-6090 or *Amy.Demetry@ferc.gov* . Kimberly D. Bose, Secretary. [FR Doc. E7-23766 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 December 3, 2007. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP97-28-021. *Applicants:* Wyoming Interstate Company, Ltd. *Description:* Wyoming Interstate Co, Ltd submits 3rd Revised Sheet 103 to FERC Gas Tariff, 2nd Revised Volume 2 for acceptance. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0137. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP97-255-078. *Applicants:* TransColorado Gas Transmission Company *Description:* TransColorado Gas Transmission Company submits Seventeenth Revised Sheet 21 et. al. to FERC Gas Tariff, First Revised Volume 1. *Filed Date:* 11/21/2007. *Accession Number:* 20071130-0134 *Comment Date:* 5 p.m. Eastern Time on Monday, December 10, 2007. *Docket Numbers:* RP99-176-145. *Applicants:* Natural Gas Pipeline Co. of America Natural Gas Pipeline Company of America. *Description:* Natural Gas Pipeline Company of America submits Amendment 1 to the Transportation Rate Schedule FTS Agreement with the negotiated rate exhibit etc. *Filed Date:* 11/27/2007. *Accession Number:* 20071128-0101. *Comment Date:* 5 p.m. Eastern Time on Monday, December 10, 2007. *Docket Numbers:* RP99-176-146. *Applicants:* Natural Gas Pipeline Co of America *Description:* Natural Gas Pipeline Co of America submits Original Sheet 26B.06 et. al. to FERC Gas Tariff, Sixth Revised Volume 1, to be effective 12/1/07. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0153. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP06-200-039. *Applicants:* Rockies Express Pipeline LLC. *Description:* Rockies Express Pipeline LLC submits First Revised Sheet 8D et. Al. to FERC Gas Tariff, Second Revised Volume 1, to be effective 12/1/07. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0155. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP07-320-002. *Applicants:* Colorado Interstate Gas Company. *Description:* Colorado Interstate Gas Company submits Sub Forty-Fourth Revised Sheet 11A *et. al.* to FERC Gas Tariff, FERC Gas Tariff, First Revised Volume 1, effective 4/4/07 *et. al.* *Filed Date:* 11/28/2007. *Accession Number:* 20071129-0093. *Comment Date:* 5 p.m. Eastern Time on Monday, December 10, 2007. *Docket Numbers:* RP07-396-003. *Applicants:* Tennessee Gas Pipeline Company *Description:* Tennessee Gas Pipeline Company submits 2nd Substitute Ninth Revised Sheet 324 to FERC Gas Tariff, Fifth Revised Volume 1. *Filed Date:* 11/27/2007. *Accession Number:* 20071128-0102. *Comment Date:* 5 p.m. Eastern Time on Monday, December 10, 2007. *Docket Numbers:* RP98-18-030. *Applicants:* Iroquois Gas Transmission System, L.P. *Description:* Iroquois Gas Transmission System, LP submits First Revised Sheet 6K to FERC Gas Tariff, First Revised Volume 1, to be effective 12/1/07. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0154. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-73-000. *Applicants:* Texas Eastern Transmission LP *Description:* Texas Eastern Transmission, LP submits a petition for waiver of the capacity release mechanism set forth in Section 3.14 of its FERC Gas Tariff, Seventh Revised Volume 1. *Filed Date:* 11/27/2007. *Accession Number:* 20071129-0071. *Comment Date:* 5 p.m. Eastern Time on Monday, December 10, 2007. *Docket Numbers:* RP08-74-000. *Applicants:* CenterPoint Energy—Mississippi River Tra. *Description:* CenterPoint Energy—Mississippi River Transmission Corp submits its Annual Report of Penalty Revenue Credits for the period ending 7/31/07. *Filed Date:* 11/28/2007. *Accession Number:* 20071129-0070. *Comment Date:* 5 p.m. Eastern Time on Monday, December 10, 2007. *Docket Numbers:* RP08-75-000. *Applicants:* Southern Star Central Gas Pipeline, Inc. *Description:* Southern Star Central Gas Pipeline, Inc submits its report of net revenue received from cash-outs for the period 10/1/06 through 9/30/07 etc. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0021. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP08-76-000. *Applicants:* Ozark Gas Transmission, L.L.C. *Description:* Ozark Gas Transmission, LLC submits Third Revised Sheet 109A to FERC Gas Tariff, Original Volume 1, effective 12/1/07. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0020. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP08-77-000. *Applicants:* Gulf South Pipeline Company, LP. *Description:* Gulf South Pipeline Company, LP submits its First Revised Sheet 0 and 1 *et. al.* to its FERC Gas Tariff, Sixth Revised Volume 1, to be effective 1/1/08. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0135. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP08-78-000. *Applicants:* Great Lakes Gas Transmission LP. *Description:* Great Lakes Gas Transmission Limited Partnership submits its Twenty-Second Revised Sheet 1 *et. al.* to its FERC Gas Tariff, Second Revised Volume 1. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0136. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP08-79-000. *Applicants:* Southern Natural Gas Company. *Description:* Southern Natural Gas Co. submits Schedule 1 of their FERC Gas Tariff, annual reconciliation of their storage gas costs to reflect differences between the cost. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0138. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP08-80-000. *Applicants:* Texas Eastern Transmission LP. *Description:* Texas Eastern Transmission, LP submits Second Revised Sheet 537A *et. al.* to FERC Gas Tariff, Seventh Revised Volume 1, to be effective 1/1/08. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0152. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP08-81-000. *Applicants:* Texas Gas Transmission. LLC. *Description:* Texas Gas Transmission LLC submits Fourth Revised Sheet 36A to FERC Gas Tariff, Second Revised Volume 1, to be effective 1/1/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0151. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-82-000. *Applicants:* Kern River Gas Transmission Company *Description:* Kern River Gas Transmission Co. submits Fourth Revised Eighteenth Sheet 5 *et. al.* to FERC Gas Tariff, Second Revised Volume 1, to be effective 1/1/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0150. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-83-000. *Applicants:* Texas Eastern Transmission LP. *Description:* Texas Eastern Transmission, LP submits First Revised Sheet 982 *et. al.* to FERC Gas Tariff, Seventh Revised Volume 1, to be effective 12/30/07. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0149. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 11, 2007. *Docket Numbers:* RP08-84-000. *Applicants:* Southern Star Central Gas Pipeline, Inc. *Description:* Southern Star Central Gas Pipeline, Inc. submits Seventh Revised Sheet 12 to FERC Gas Tariff, Original Volume 1, to be effective 1/1/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0148. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-85-000. *Applicants:* OkTex Pipeline Company, L.L.C. *Description:* OkTex Pipeline Co, LLC submits Fifth Revised Sheet 1 *et. al.* to FERC Gas Tariff, Original Volume 1, to be effective 1/1/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0147. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-86-000. *Applicants:* Rockies Express Pipeline LLC. *Description:* Rockies Express Pipeline LLC submits First Revised Sheet 234 *et. al.* to FERC Gas Tariff, Second Revised Volume 1, to be effective 1/1/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0145. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-87-000. *Applicants:* Quest Pipelines (KPC). *Description:* Quest Pipelines

(KPC)submits the Interruptible Revenue Credit Report to FERC Gas Tariff, First Revised Volume 1, for the twelve-month period ending 9/30/07. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0146. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-88-000. *Applicants:* National Fuel Gas Supply Corporation. *Description:* National Fuel Gas Supply Corp submits an informational filing showing the calculation of its Transportation and Storage Cost Adjustment to its FERC Gas Tariff, Fourth Revised Volume 1. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0144. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-89-000. *Applicants:* Questar Overthrust Pipeline Company. *Description:* Questar Overthrust Pipeline Co submits First Revised Sheet 11 et. al. to FERC Gas Tariff, Second Revised Volume 1-A, to be effective 1/1/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0143. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* RP08-90-000. *Applicants:* Rockies Express Pipeline LLC. *Description:* Rockies Express Pipeline LLC submits First Revised Sheet 1 et. al. to FERC Gas Tariff, Second Revised Volume 1, to be effective 1/1/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-0142. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. Nathaniel J. Davis, Sr., Acting Deputy Secretary. [FR Doc. E7-23752 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Membership of Performance Review Board for Senior Executives

(PRB)November 29, 2007. The Federal Energy Regulatory Commission hereby provides notice of the membership of its Performance Review Board

(PRB)for the Commission's Senior Executive Service

(SES)members. The function of this board is to make recommendations relating to the performance of senior executives in the Commission. This action is undertaken in accordance with Title 5, U.S.C., Section 4314(c)(4). The Commission's PRB will add the following member: Cynthia A. Marlette. Kimberly D. Bose, Secretary. [FR Doc. E7-23776 Filed 12-6-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2002-0058; FRL-8503-4] Agency Information Collection Activities: Proposed Collection; Comment Request; Information Request for National Emission Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters; EPA ICR No. 2286.01 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 et seq.), this action announces that EPA is planning to submit a request for a new Information Collection Request

(ICR)to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before February 5, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2002-0058, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-docket@epa.gov.* • *Fax:*

(202)566-1741. • *Mail:* Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* Air and Radiation Docket and Information Center, U.S. EPA, Room 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2002-0058. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Jim Eddinger, Energy Strategies Group, Sector Policies and Program Division, (D243-01), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number:

(919)541-5426; fax number:

(919)541-5450; e-mail address: *eddinger.jim@epa.gov.* SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2002-0058, which is available for online viewing at *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 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 *www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested In? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:

(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(ii)Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)Enhance the quality, utility, and clarity of the information to be collected; and

(HAP)in the industrial, commercial, and institutional boilers and process heaters source categories. A major source is one that has the potential to emit more than 10 tons per year

(tpy)of any HAP, 25 tpy for the total of all HAP, or amounts exceeding any lesser quantity cutoff established pursuant to section 112(a)(1) of the Clean Air Act (CAA). *Title:* Information Collection Effort for Facilities with Boilers and/or Process Heaters at Major Sources of HAP Emission. *ICR numbers:* EPA ICR No. 2286.01. *ICR status:* This ICR is for a new information collection activity. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The proposed ICR has two components to the information collection. To obtain the information necessary to identify and categorize all boilers and process heaters potentially affected by the revised standard, the first component of this ICR will solicit information from all potentially affected units in the format of an electronic survey under authority of section 114 of the CAA. The survey will be submitted to all facilities that either submitted an initial notification, or if initial notification data is not available, all facilities with Title V permits denoted as a major source of HAP, that have a boiler or process heater listed in their permit. The second component will consist of requiring, if deemed necessary, again through the issuance of a letter pursuant to the authority of section 114 of the CAA, the owners/operators of up to a total of 350 boilers or process heaters selected at random to conduct in accordance with an EPA-approved protocol stack testing. The EPA estimates the cost of the electronic survey component of the information collection will be 95,832 hours and $7,685,102. The total annual reporting and recordkeeping burden for the stack testing component of the data gathering effort is estimated to be no more than 29,584 hours and $11,712,769. Industrial, commercial, and institutional boilers and process heaters were listed as a major source category of HAP on July 16, 1992 (57 FR 31576). Section 112(c)(2) of the CAA requires that we establish National Emission Standards for Hazardous Air Pollutants (NESHAP) for control of HAP from both existing and new major sources, based upon the criteria set out in the CAA section 112(d). The CAA requires the NESHAP to reflect the maximum degree of reduction in emissions of HAP that is achievable, taking into consideration the cost of achieving the emission reduction, any non-air quality health and environmental impacts, and energy requirements. This level of control is commonly referred to as the maximum achievable control technology (MACT). The minimum control level allowed for NESHAP (the minimum level of stringency for MACT) is the “MACT floor,” as defined under section 112(d)(3) of the CAA. The MACT floor for existing sources is the emission limitation achieved by the average of the best-performing 12 percent of existing sources for categories and subcategories. For new sources, the MACT floor cannot be less stringent than the emission control achieved in practice by the best-controlled similar source. The NESHAP for boilers and process heaters were promulgated at 40 CFR part 63, subpart DDDDD, on September 2004 (see 69 FR 55218), and vacated by the Courts on June 8, 2007. The vacature requires the Agency to revise the standards and the associated MACT floors based on new estimates of potentially affected units. The previous rulemaking was based upon data gathered for the Industrial Combustion Coordinated Rulemaking, complimented by additional survey data received from non-fossil boiler and process heaters. These data sources are over 10 years old. When the Agency recently compared these data to facilities submitting initial notifications to comply with the vacated standard, a large disparity was identified in the number of potentially affected units at major sources of HAP. Since the last boiler and process heater data gathering effort, many sources have shut down, others have selected to operate with a limit on their HAP emissions in order to avoid being subject to the Boiler and Process Heater NESHAP, and some units have switched out older solid fuel units for newer equipment due to increased insurance and maintenance costs. Therefore, the Agency has concluded that obtaining updated information will be crucial to informing its decision on the revised NESHAP for boilers and process heaters. The information in both components of this ICR will be collected under authority of section 114 of the CAA. Section 114(a) states, in pertinent part: For the purpose * * *

(iii)carrying out any provision of this Chapter * * *

(1)the Administrator may require any person who owns or operates any emission source * * * to- * * *

(D)sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Administrator shall prescribe);

(E)keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical * * *

(G)provide such other information as the Administrator may reasonably require * * * The data collected will be used to revise the population of potentially affected boilers and process heaters, and update existing emission test data and fuel analysis information. These data will be used by the Agency to develop the revised NESHAP for boilers and process heaters (and potentially incinerators) under sections 112 and 129 of the CAA. Specifically, the data will respond in part to the two research needs, providing the Agency with updated information on the number of potentially affected units, available emission test data and fuel analysis data to address variability. For a subset of units that may become subject to CAA section 129, and thus be required to conduct stack tests, the data will be used to complete emission data gaps. All data collected will be added to existing emission test databases for boilers, process heaters, and when appropriate, incinerators; it will also be used to further evaluate the HAP emissions from these sources. This collection of information is mandatory under section 114 of the CAA (42 U.S.C 7414). All information submitted to EPA pursuant to this ICR for which a claim of confidentiality is made is safeguarded according to Agency policies in 40 CFR part 2, subpart B. 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. OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments to:

(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(ii)Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the methodology and assumptions used;

(iii)Enhance the quality, utility, and clarity of the information to be collected; and

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Burden Statement:* The projected cost and hour burden for this one-time collection of information is $19,398,000 and 125,400 hours. This burden is based on an estimated 3,396 likely respondents to the electronic survey component and an estimated 350 respondents to the stack testing component. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here. *Estimated total number of potential respondents:* 3,396. *Frequency of response:* One time. *Estimated total average number of responses for each respondent:* 1.1 (electronic survey component and stack testing component combined) *Estimated total annual burden hours:* 125,400. *Estimated total annual costs:* $19,398,000. This includes an estimated burden cost of $7,685,100 for the electronic survey component and an estimated cost of $11,712,800 for the stack testing component. What is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: November 30, 2007. Frederick Thompson, Acting Director, Sector Policies and Programs Division. [FR Doc. E7-23845 Filed 12-6-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6693-8] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements

(EISs)was published in FR dated April 6, 2007 (72 FR 17156). Draft EISs EIS No. 20070401, ERP No. D-GSA-D80032-DC, Department of Homeland Security Headquarters at the St. Elizabeths West Campus, To Consolidate Federal Office Space on a Secure Site, Washington, DC. *Summary:* EPA expressed environmental concerns about impacts to vegetation, historic woodlands, and the cultural landscape, soil contamination, and surface and groundwater. EPA also expressed concern about transportation and environmental justice issues. Rating EC2. Final EISs EIS No. 20070408, ERP No. F-AFS-J61107-ND, NE McKenzie Allotment Management Plan Revisions, Proposes to Continue Livestock Grazing on 28 Allotments, Dakota Prairie Grasslands Land and Resource Management Plan, Dakota Prairie Grasslands, McKenzie Ranger District, McKenzie County, ND. *Summary:* The final EIS addressed EPA's concerns about impacts to water quality and riparian areas. EPA does not object to the proposed project; however, we recommend future monitoring include numeric criteria along with other narrative indicators. EIS No. 20070432, ERP No. F-FHW-G40193-LA, I-49 South Project, from Raceland to the Westbank Expressway Route U.S. 90, Funding, Coast Guard Bridge Permit, U.S. Army COE Section 10 and 404 Permits, Jefferson, Lafourche, and St. Charles Parishes, LA. *Summary:* No formal comment letter was sent to the preparing agency. EIS No. 20070467, ERP No. F-BLM-G65101-NM, Special Status Species Resource Management Plan Amendment, Managing Public Land and Federal Minerals in Portions of Chaves, Eddy, Lea, and Roosevelt Counties, NM. *Summary:* No formal comment letter was sent to the preparing agency. EIS No. 20070468, ERP No. FS-SFW-K99034-CA, Coachella Valley, Revision to the Multiple Species Habitat Conservation Plan (MSHCP), Natural Community Conservation Plan, Santa Rosa and San Jacinto Mountains Trails Plan, Issuance of Incidental Take Permit, Riverside County, CA. *Summary:* No formal letter was sent to the preparing agency. Dated: December 4, 2007. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E7-23807 Filed 12-6-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6693-7] Environmental Impact Statements; Notice of Availability *Responsible Agency:* Office of Federal Activities, General Information

(202)564-7167 or *http://www.epa.gov/compliance/nepa/.* Weekly receipt of Environmental Impact Statements Filed 11/26/2007 Through 11/30/2007 Pursuant to 40 CFR 1506.9. EIS No. 20070506, Final EIS, AFS, CA, Phoenix Project, Proposes to Use a Combination of Contract and Forest Service Crew to Treat Poor Forest Health and High Fire Hazard Conditions, Develop a Network Defensible Fuel Profile Zones (DFPZs), Sierraville Ranger District, Tahoe National Forest, Sierra and Nevada Counties, CA, Wait Period Ends: 01/07/2008, Contact: Jeff Leach 530-994-3401 Ext 6680. EIS No. 20070507, Final EIS, BLM, CA, Eastern San Diego County Resource Management Plan, Implementation, El Centro Field Office, San Diego County, CA, Wait Period Ends: 01/07/2008, Contact: Erin Dreyfuss 760-337-4436. EIS No. 20070508, Draft EIS, AFS, 00, Wild and Scenic River Suitability Study for National Forest System Lands on the Ashley, Dixie, Fishlake, Manti-La Sal, Uinta and Wasatch-Cache National Forests in UT and Portion of National Forests extend into Colorado and Wyoming, several counties, UT, Montrose County, CO and Uinta County, WY, Comment Period Ends: 01/22/2008, Contact: Catherine Kahlow 435-783-4338. EIS No. 20070509, Final EIS, FHW, SC, Interstate 73 Southern Project, Construction from I-95 to the Myrtle Beach Region, Funding, NPDES Permit, U.S. Coast Guard Permit, U.S. Army COE Section 404 Permit, Dillon, Horry and Marion Counties, SC, Wait Period Ends: 01/07/2008, Contact: Patrick Tyndall 803-765-5460. EIS No. 20070510, Draft EIS, FHW, NJ, I-295/I76/Route 42 Direct Connection Project, To Improve Traffic Safety and Reduce Traffic Congestion, Funding and U.S. Army COE Section 10 and 404 Permits, Borough of Bellmawr, Borough of Mount Ephraim and Gloucester City, Camden County, NJ, Comment Period Ends: 02/15/2008, Contact: Lawrence Cullari 609-637-4200. Amended Notices EIS No. 20070332, Draft EIS, BLM, OR, Western Oregon Bureau of Land Management Districts of Salem, Eugene, Roseburg, Coos Bay, and Medford Districts, and the Klamath Falls Resource Area of the Lakeview District, Revision of the Resource Management Plans, Implementation, OR, Comment Period Ends: 01/11/2008, Contact: Dick Prather 503-808-6627 Revision of FR Notice Published 08/10/2007: Extending Comment Period from 12/10/2007 to 01/11/2008. Dated: December 4, 2007. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E7-23820 Filed 12-6-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection(s) Requirement Submitted to OMB for Emergency Review and Approval December 4, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

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

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

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written comments should be submitted on or before January 7, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via e-mail to *nfraser@omb.eop.gov* or via fax at 202-395-5167, and to the Federal Communications Commission via e-mail to *PRA@fcc.gov* or by U.S. mail to Leslie F. Smith, Federal Communications Commission, Room 1-C216, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Leslie F. Smith via e-mail at *PRA@fcc.gov* or call

(202)418-0217. For further instructions on how to view a copy of this information collection request (ICR), go to this Web page: *http://www.fcc.gob/omd/pra/collections-review.html.* SUPPLEMENTARY INFORMATION: The Commission has requested approval of this information collection under the emergency processing provisions of the PRA by January 22, 2008. *OMB Control Number:* 3060-0804. *Title:* Universal Service—Rural Health Care Program/Rural Health Care Pilot Program. *Form Number(s):* FCC Forms 465, 466, 466-A, and 467. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit; not-for-profit institutions; and state, local, or tribal governments. *Number of Respondents:* 6,494. *Estimated Time per Response:* 0.10-20 hours. *Frequency of Response:* Recordkeeping; on occasion, one time, annual, quarterly, and monthly reporting requirements; third party disclosure. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 67,467 hours. *Total Annual Cost:* $0.00. *Privacy Impact Assessment:* No Impact(s). *Nature and Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission's rules. *Needs and Uses:* In the Telecommunications Act of 1996 (1996 Act), Congress specifically intended that rural health care providers be provided with “an affordable rate for the services necessary for the provision of telemedicine and instruction relating to such services.” In 1997, the Commission implemented this statutory directive by adopting the current Rural Health Care support mechanism, which provides universal service support to ensure that rural health care providers pay no more than their urban counterparts for their telecommunications needs and Internet access in the provision of health care services. Despite the Commission's efforts to increase the utility of the Rural Health Care support mechanism, the program has yet to fully achieve the benefits intended by the statute and the Commission. In particular, health care providers continue to lack access to the broadband facilities needed to support the types of advanced telehealth applications, like telemedicine, that are vital to bringing medical expertise and the advantages of modern health technology to rural areas of the Nation. In response, the Commission issued the *2007 Pilot Program Selection Order* (WC Docket No. 02-60; FCC 07-198) which selected 69 participants for the universal service Rural Health Care Pilot Program (which was originally established by the Commission in September 2006). These 69 participants represent 42 states and 3 U.S. territories and will be eligible for approximately $417 million in universal service support over three years (or $139 million per funding year) to:

(1)Support up to 85 percent of the costs associated with the construction of state or regional broadband health care networks and with the advanced telecommunications and information services provided over those networks; and

(2)support up to 85 percent of the costs of connecting to Internet2 or National LambdaRail, which are both dedicated nationwide backbones, or to the public Internet. To minimize the burden on Pilot Program participants and to streamline the process, the Commission generally uses the same forms as the existing Rural Health Care support mechanism. For example, selected participants, in order to receive support, must submit an FCC Form 465 (seeking bids), FCC 466-A (selection of service provider), and FCC Form 467 (notification of service initiation). Due to the unique structure of the Pilot Program, however, in the *2007 Pilot Program Selection Order* , the Commission provides guidance regarding how these forms should be completed and additional information is required from selected participants, including, proposed network costs worksheets, certifications, letters of agency from each participating health care provider, invoices showing actual incurred costs, and, if applicable, network design studies. Federal Communications Commission. William F. Caton, Deputy Secretary. [FR Doc. E7-23803 Filed 12-6-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 3, 2008. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. The Toronto-Dominion Bank* , Toronto, Canada; TD US P&C Holdings ULC, Calgary, Canada; Cardinal Top Co. and Cardinal Intermediate Co., both of New York, New York; to become bank holding companies by acquiring 100 percent of the voting shares of Commerce Bancorp, Inc., Cherry Hill, New Jersey, and thereby indirectly acquire voting shares of Commerce Bank, NA, Philadelphia, Pennsylvania, and Commerce Bank/North, Ramsey, New Jersey; and 14.8 percent of Pennsylvania Commerce Bancorp, Inc., and thereby acquire Commerce Bank/Harrisburg, N.A., both of Harrisburg, Pennsylvania. **B. Federal Reserve Bank of Atlanta** (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. SEB Bancorp, Inc.* , to become a bank holding company by acquiring 100 percent of the voting shares of Security Exchange Bank, both of Marietta, Georgia. **C. Federal Reserve Bank of Kansas City** (Todd Offenbacker, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. First Central Nebraska Company* , Broken Bow, Nebraska; to merge with WoodRiver Banco, Incorporated, and thereby indirectly acquire The Farmers Bank, both of Oconto, Nebraska. Board of Governors of the Federal Reserve System, December 4, 2007. Margaret McCloskey Shanks, Associate Secretary of the Board. [FR Doc.E7-23787 Filed 12-6-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10232, CMS-10120, CMS-10241, CMS-370, 377 and 378] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;

(2)the accuracy of the estimated burden;

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

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* New Collection; *Title of Information Collection:* State Plan Pre-print for Integrated Medicare and Medicaid Programs; *Use:* Information submitted via the State Plan Amendment

(SPA)pre-print will be used by CMS Central and Regional Offices to analyze a State's proposal to implement integrated Medicare and Medicaid programs. The pre-print is an optional document for use by States to highlight the arrangements between a State and Medicare Advantage Special Needs Plans that are also providing Medicaid services. State Medicaid Agencies will complete the SPA pre-print and submit it to CMS for a comprehensive analysis. The pre-print provides the opportunity for States to confirm that their integrated care model complies with both federal statutory and regulatory requirements. The pre-print contains assurances, check-off items, and areas for States to describe policies and procedures for subjects such as enrollment, marketing and quality assurance. *Form Numbers:* CMS-10251 (OMB#: 0938-NEW); *Frequency:* Reporting—Once; *Affected Public:* State, Local, or Tribal Governments; *Number of Respondents:* 56; *Total Annual Responses:* 30; *Total Annual Hours:* 600. 2. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* 1932 State Plan Amendment Template, State Plan Requirements and Supporting Regulations in 42 CFR 438.50; *Form No.:* CMS-10120 (OMB#: 0938-0933); *Use:* The State Medicaid Agencies will complete the template. CMS will review the information to determine if the State has met all the requirements under Section 1932(l)(1)(A) of the Social Security Act and 42 CFR 438.50. Once all requirements are met, the State will be allowed to enroll Medicaid beneficiaries on a mandatory basis into managed care entities without section 1115 or 1915(b) waiver authority; *Frequency:* On occasion; *Affected Public:* State, local, or tribal government; *Number of Respondents:* 56; *Total Annual Responses:* 10; *Total Annual Hours:* 100. 3. *Type of Information Collection Request:* New Collection; *Title of Information Collection:* Annual State Report and Annual State Performance Rankings; *Use:* The Deficit Reduction Act of 2005

(DRA)requires CMS to contract with a vendor to conduct a monthly national survey of retail prescription drug prices and to report the prices to the States. These national average prices will be used as a benchmark by the States for the management of their prescription drug programs. The law also requires that States report their drug utilization rates for non-innovator multiple source drugs, their payment rates under their State plan, and their dispensing fees. A template will be used to facilitate data collection. The States' rankings are to be presented to the Congress and the States. *Form Number:* CMS-10241 (OMB#: 0938-NEW); *Frequency:* Reporting—Yearly; *Affected Public:* States, Local or Tribal Governments; *Number of Respondents:* 51; *Total Annual Responses:* 51; *Total Annual Hours:* 765. 4. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Health Insurance Benefit Agreement, Ambulatory Surgical Centers

(ASC)Request for Certification in the Medicare Program, ASC Survey Report Form and ASC Conditions of Coverage; *Use:* The Health Insurance Benefit Agreement is utilized for the purpose of establishing for payment under Title XVIII of the Social Security Act. The ASC Request for Certification form is utilized as an application for facilities wishing to participate in the Medicare program as an ASC. This form initiates the process of obtaining a decision as to whether the conditions for coverage are met. It also promotes data retrieval from the Online Data Input Edit (ODIE system, a subsystem of the Online Survey Certification and Report (OSCAR) system by CMS Regional Offices (ROs). The ASC Report Form is an instrument used by the State survey agency to record data collection in order to determine supplier compliance with individual conditions for coverage and report it to the Federal Government. The form is primarily a coding worksheet designed to facilitate data reduction and retrieval into the ODIE/OSCAR system at the CMS ROs. This form includes basic information on compliance (i.e., met, not met and explanatory statements) and does not require any descriptive information regarding the survey activity itself. *Form Numbers:* CMS-370, 377, 378 (OMB#: 0938-0266); *Frequency:* Reporting—Occasionally (initially and then every 3 years); *Affected Public:* States, Local or Tribal Governments; *Number of Respondents:* 5123; *Total Annual Responses:* 1707; *Total Annual Hours:* 2,787. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web Site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on

(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received by the OMB desk officer at the address below, no later than 5 p.m. on *January 7, 2008* . OMB Human Resources and Housing Branch, Attention: Katherine Astrich, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:

(202)395-6974. Dated: November 30, 2007. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E7-23746 Filed 12-6-07; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request *Proposed Projects:* *Title:* Voluntary Establishment of Paternity. *OMB No.:* 0970-0175. *Description:* Section 466(a)(5)(C) of the Social Security Act requires States to pass laws ensuring a simple civil process for voluntarily acknowledging paternity under which the State must provide that the mother and putative father must be given notice, orally and in writing, of the benefits and legal responsibilities and consequences of acknowledging paternity. The information is to be used by hospitals, birth record agencies, and other entities participating in the voluntary paternity establishment program. *Respondents:* State and Tribal IV-D agencies. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours None 1,025,521 Variable .166 170,236 *Estimated Total Annual Burden Hours:* 170,236. In compliance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children nd Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, *Attn:* ACF Reports Clearance Officer. E-mail address: *infocollection@acf.hhs.gov.* All requests should be identified by the title of the information collection. The Department specifically requests comments on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: November 30, 2007. Robert Sargis, Reports Clearance Officer. [FR Doc. 07-5964 Filed 12-6-07; 8:45 am]

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