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Code · REGISTER · 2007-12-11 · National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce · Notices

Notices. Notice; denial of permit

14,024 words·~64 min read·/register/2007/12/11/07-6024

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

BILLING CODE 3510-NK-M DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC58 Marine Mammals; File No. 1039-1916 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; denial of permit. SUMMARY: Notice is hereby given that a request for a scientific research permit [File No. 1039-1916] submitted by Ann Zoidis, Cetos Research Organization, 11 Des Isle Avenue, Bar Harbor, Maine has been denied.
ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814-4700; phone (808)973-2935; fax (808)973-2941; and Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298; phone (978)281-9300; fax (978)281-9394.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Carrie Hubard, (301)713-2289. SUPPLEMENTARY INFORMATION: On September 17, 2007, a notice was published in the **Federal Register** (72 FR 52862) that an application had been filed by the above named individual. The requested permit has been denied subject to the provisions of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226).
The applicant requested authorization to conduct multiple activities, including suction-cup tagging, on cetaceans in Hawaiian waters and the Gulf of Maine. The purpose of the research would have been to determine abundance, distribution, habitat use, and foraging and social behavior of ESA and non-ESA listed species. Overall, the scope of the proposed research was too broad to determine if the objectives could be met by the applicant and if the manner in which the research would be conducted was consistent with the MMPA and ESA.
Dated: December 4, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-23956 Filed 12-10-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD79 Incidental Takes of Marine Mammals During Specified Activities; Black Abalone Research Surveys at San Nicolas Island, Ventura County, CA AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental take authorization; request for comments. SUMMARY: NMFS has received an application from Dr. Glenn VanBlaricom (Dr. VanBlaricom) for an Incidental Harassment Authorization
(IHA)to take small numbers of marine mammals, by harassment, incidental to the assessment of black abalone populations at San Nicolas Island (SNI), CA. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposed IHA for these activities. DATES: Comments and information must be received no later than January 10, 2008. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225. The mailbox address for providing e-mail comments is *PR1.101706E@noaa.gov* . NMFS is not responsible for e-mail comments sent to addresses other than the one provided here. Comments sent via e-mail, including all attachments, must not exceed a 10-megabyte file size. A copy of the application containing a list of the references used in this document may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT ), or visiting the internet at: *http://www.nmfs.noaa.gov/pr/permits/incidental.htm* . Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison, NMFS,
(301)713-2289. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and
(D)of the MMPA (16 U.S.C. 1361, *et seq.* ) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for certain subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: Any act of pursuit, torment, or annoyance which
(I)has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or
(ii)has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On November 5, 2007, NMFS received a letter from Dr. VanBlaricom, of the Washington Cooperative Fish and Wildlife Research Unit, requesting renewal of an IHA that was first issued to him on September 23, 2003 (68 FR 57427, October 3, 2003), and was last reissued on December 1, 2006 (71 FR 71136, December 8, 2006). The requested IHA would authorize the take, by harassment, of small numbers of California sea lions ( *Zalophus californianus* ), Pacific harbor seals ( *Phoca vitulina richardsi* ), and northern elephant seals ( *Mirounga angustirostris* ) incidental to research surveys performed for the purpose of assessing trends in black abalone ( *Haliotis cracherodii* ) populations at SNI, Ventura County, California. The proposed research consists of 2 researchers, on foot, counting abalone at nine permanent sites (1 m 2 each) on SNI twice a year, with one brief additional visit to each site for maintenance. Population trend data for black abalone populations have become important in a conservation context because of:
(a)The reintroduction of sea otters to SNI in 1987, raising the possibility of conflict between otter conservation and abalone populations (abalones are often significant prey for sea otters);
(b)the appearance of a novel exotic disease, abalone withering syndrome, at SNI in 1992, resulting in dramatically increased rates of abalone mortality at the Island; and,
(c)the recent designation of California populations of black abalones as a species of concern in the context of the Endangered Species Act (ESA). Research is done under the auspices of the Washington Cooperative Fish and Wildlife Research Unit, the University of Washington, and the U.S. Navy (owner of SNI), with additional logistical support from the University of California, Santa Cruz. Since the abalone are not handled or removed in the course of the research, neither a state nor Federal permit is needed. Additional information on the research is contained in the application, which is available upon request (see ADDRESSES ). Project Description Nine permanent abalone research study areas are located in rocky intertidal habitats on SNI in Ventura County, CA. The applicant has made 111 separate field trips to SNI from September 1979 through October 2007, participating in abalone survey work on 591 different days at nine permanent study sites. Under the latest authorization, Dr. VanBlaricom made five different trips to the island (but no more than 2 research and 1 maintenance visits to most sites with pinnipeds; sites without pinnipeds may be visited more often) and conducted work for 27 total days in the one year period. Quantitative abalone surveys on SNI began in 1981, at which point permanent research sites were chosen based on the presence of dense patches of abalone in order to monitor changes over time in dense abalone aggregations. Research is conducted by counting black abalone in plots of 1 m 2 (3.3 ft 2 ) along permanent transect lines in rocky intertidal habitats at each of the nine study sites on the island. Permanent transect lines are demarcated by stainless steel eye-bolts embedded in the rock substrata and secured with marine epoxy compound. Lines are placed temporarily between bolts during surveys and are removed once surveys are completed. Survey work is done by two field biologists working on foot (sites are accessed by hiking to water from vehicle parked inland) and monitoring of black abalone populations at SNI can be done only during periods of extreme low tides. The exact date of a visit to any given site is difficult to predict because variation in surf height and sea conditions can influence the safety of field biologists as well as the quality of data collected. In most years survey work is done during the months of January, February, March, July, November, and December because of optimal availability of low tides. All work is done during daylight hours due to safety considerations. During the year, each of the nine permanent study sites at SNI will be visited three times. Abalone surveys, which take no more than 4 hours at each site, are conducted during two of the three visits to each of the nine sites. The third, and final, visit is a maintenance visit, which takes less than half of an hour at each site and is used to take measurements and make necessary repairs to plots and is conducted in a month when smaller numbers of pinnipeds are present. The affected marine mammal populations at SNI, especially California sea lions and northern elephant seals, have grown substantially since the beginning of abalone research in 1979 and have occupied an expanded distribution on the island due to population growth. Sites previously accessible with no risk of marine mammal harassment are now being utilized by marine mammals at levels such that approach without the possibility of harassment is difficult. An IHA is warranted for this study because of the nine study sites used for the abalone surveys, only two sites can be occupied without the possibility of disturbing at least one species of pinniped. Description of Habitat and Marine Mammals in the Activity Area San Nicolas is one of the eight Channel Islands, located in the Santa Barbara Channel off Southern California. Nine miles long (14.5 km) and about three and a half miles (5.6 km) across at its widest point, it is the farthest island from the mainland, more than 60 miles (96.6 km) offshore and about 85 miles (136.8 km) southwest of Los Angeles, California. SNI is owned and operated by the U.S. Navy and is off-limits to civilians without specific permission. Many of the beaches in the Channel Islands provide resting, molting or breeding places for species of pinnipeds. On SNI, three pinniped species (northern elephant seal, Pacific harbor seal, and California sea lion) can be expected to occur on land in the vicinity of abalone research sites either regularly or in large numbers during certain times of the year. In addition, a single adult male Guadalupe fur seal ( *Arctocephalus townsendi* ) (federally listed as threatened under the Endangered Species Act) was seen at one abalone research site on two occasions during the summer months in the mid-1980's. However, none have been seen since those original sightings. Further information on the biology and distribution of these species and others in the region can be found in Dr. VanBlaricom's application, which is available upon request (see ADDRESSES ), and the Marine Mammal Stock Assessment Reports, which are available online at *http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/individual_sars.html.* California Sea Lions The U.S. stock of California sea lions extends from the U.S./Mexico border north into Canada. Breeding areas of the sea lion are on islands located in southern California, western Baja California, and the Gulf of California and they primarily use the central California area to feed during the non-breeding season. Population estimates for the U.S. stock of California sea lions, which are based on counts conducted in 2001 and extrapolations from the number of pups, range from a minimum of 138,881 to an average of 244,000 animals, with a current growth rate of 5.4 to 6.1 percent per year (Carretta, *et al.* , 2005). The California sea lion is not listed under the ESA and the U.S. stock is not considered depleted under the MMPA. California sea lions haul out at many sites on SNI and are by far the most common pinniped on the island. Over the course of a year, up to 100,000 sea lions may use SNI. Numbers of sea lions at SNI increased by about 21 percent per year between 1983 and 1995 (NMFS 2003) and sea lions have recently started occupying areas that were not formerly used. Pupping occurs on the beaches of SNI from mid-June to mid-July. Females nurse their pups for about eight days and then begin an alternating pattern of foraging at sea vs. attending and nursing the pup on land, which lasts for about eight months, and sometimes up to a year. California sea lions also haul out at SNI during the molting period in September, and smaller numbers of females and juveniles haul out during most of the year. Pacific Harbor Seals Harbor seals are widely distributed in the North Atlantic and North Pacific. In California, approximately 400-600 harbor seal haul-out sites are distributed along the mainland and on offshore islands, including intertidal sandbars, rocky shores and beaches (Hanan, 1996; Lowery, *et al.* , 2005). A complete count of all harbor seals in California is impossible because some are always away from the haul-out sites. A complete pup count (as is done for other pinnipeds in California) is also not possible because harbor seals are precocious, with pups entering the water almost immediately after birth. Based on the most recent harbor seal counts (2004 and 2005) and including a correction factor for the above, the estimated population of harbor seals in California is 34,233 (Carretta, *et al.* , 2005), with an estimated minimum population of 31,600 for the California stock of harbor seals. Counts of harbor seals in California showed a rapid increase from 1972 to 1990, but since 1990 there has been no net population growth along the mainland or the Channel Islands. Though no formal determination of Optimal Sustainable Population
(OSP)has been made, the decrease in the growth rate may indicate that the population has reached its carrying capacity. The harbor seal is not listed under the ESA and the California stock is not considered depleted under the MMPA. Harbor seals haul out at various sandy, cobble, and gravel beaches around SNI and pupping occurs on the beaches from late February to early April, with nursing of pups extending into May. Harbor seals may also haul out during molting period in late Spring, and smaller numbers haul out at other times of year. Harbor seal abundance increased at SNI from the 1960s until 1981, but since then average counts have not changed significantly. From 1982 to 1994, numbers of harbor seals have fluctuated between 139 and 700 harbor seals based on both peak ground counts and annual photographic survey photos. The most recent aerial count on SNI was of 457 harbor seals in 1994. Northern Elephant Seals Northern elephant seals breed and give birth in California (U.S.) and Baja California primarily on offshore islands, from December to March (Stewart, *et al.* , 1994). The California breeding stock, which includes the animals on SNI, is now demographically separated from the Baja California population. Based on trends in pup counts, northern elephant seal colonies appeared to be increasing in California through 2001. The population size of northern elephant seals in California is estimated to be 101,000 animals, with a minimum population estimate of 60,547 (Carretta, *et al.* , 2005). A continuous average growth rate (though it has declined a bit in recent years) of 8.3 percent has seen numbers of this species increase from 100 in 1900 to the current population size (Carretta *et al.* , 2005). The northern elephant seal is not listed under the ESA and the California stock is not considered depleted under the MMPA. Increasing numbers of elephant seals haul out at various sites around SNI. Based on a pup count in 1995 that found 6,575 pups, scientists estimated that over 23,000 elephant seals may use SNI in a year (NMFS 2003). From 1988 to 1995 the pup counts on SNI increased at an average rate of 15.4 percent per year, however, the growth rate of the population as a whole seems to have declined in recent years (NMFS 2003). Pupping occurs on the beaches of SNI from January to early February, with nursing of pups extending into March. Northern elephant seals also haul out during the molting periods in the spring and summer, and smaller numbers haul out at other times of the year. Potential Effects of Activities on Marine Mammal Variable numbers of sea lions, harbor seals, and elephant seals typically haul out near seven of the nine study sites used for abalone research, with breeding activity occurring at four of these seven sites. Pinnipeds likely to be affected by abalone research activity are those that are hauled out on land at or near study sites. Incidental harassment may result if hauled animals move away from the abalone researchers. For the purpose of estimating numbers of pinnipeds taken by these activities, NMFS assumes that pinnipeds that move or change the direction of their movement in response to the presence of researchers are taken by Level B Harassment. Animals that merely raise their head and look at the researcher are not considered to have been taken. Although marine mammals will not be deliberately approached by abalone survey personnel, approach may be unavoidable if pinnipeds are hauled out directly upon the permanent abalone study plots. In almost all cases, shoreline habitats near the abalone study sites are gently sloping sandy beaches or horizontal sandstone platforms with unimpeded and non-hazardous access to the water. If disturbed, hauled animals may move toward the water without risk of encountering significant hazards. In these circumstances, the risk of injury or death to hauled animals is very low. The risk of marine mammal injury or mortality associated with abalone research increases somewhat if disturbances occur during breeding season, as it is possible that mothers and dependent pups could become separated. If separated pairs don't reunite fairly quickly, risks of mortality to pups (through starvation) may increase. Also, adult northern elephant seals may trample elephant seal pups if disturbed, which could potentially result in the injury or death of pups. However, NMFS proposes to include time of year restrictions to limit the presence of researchers to months that California sea lion and harbor seal dependent pups are not present at the survey sites. Additionally, though elephant seal pups are occasionally present at abalone surveys, risk of pup mortalities are very low because elephant seals are far less reactive to researcher presence than the other two species (an estimated 32 total elephant seals have been disturbed in the last four years out of 2,074 present around the study site). Last, researchers use great care approaching sites; and pups are on the sand while the permanent study sites are on rocks, which leaves the two always separated by at least 50 m (164 ft). Because of the circumstances and the proposed IHA requirements discussed above, NMFS believes it highly unlikely that the proposed activities would result in the injury or mortality of pinnipeds (and none have been recorded in the 28 years that the researcher has been conducting this research). The results of Dr. VanBlaricom's monitoring under the previous IHA are summarized in Table 1, which shows the numbers of each species present at Dr. VanBlaricom's survey sites as well as the numbers disturbed during his visits in the last year. As part of the required monitoring, Dr. VanBlaricom records the numbers of disturbed animals that flush into the water, the number that move more than 1 m, but do not enter the water, and the number that become alert and move, but do not move more than 1 m (see the application for these numbers). Animals that raised their head and looked at the researcher without moving were not considered disturbed (or harassed pursuant to the MMPA). For the purposes of estimating take in the IHA, NMFS estimates take as the total of all three categories of disturbed behavior recorded. As indicated in Table 1, approximately 50 percent of the total animals considered harassed by this activity in 2007 responded by flushing into the water (671 sea lions, 68 harbor seals, and 0 elephant seals) and the rest responded to a lesser degree by moving some distance on land when the researchers approached. Though the researchers have not stayed to find how soon pinnipeds return after flushing (leaving as soon as possible minimizes the effects), increasing numbers at some of the sites and pinniped presence at sites where they were not present before suggest that the research is not having any long-term detrimental effects on the population of any of these three species. Older, weaned sea lion pups and juveniles were seen and disturbed at site 8, and a small number
(5)were flushed into the water, but none were known to be injured in any way. Year Month Date Site # California sea lions Present at site Disturbed Pacific harbor seals Present at site Disturbed Northern elephant seals Present at site Disturbed 2007 January 19 1 61 50 0 0 6 1 2007 January 20 1 58 51 0 0 6 0 2007 October 27 1 88 76 0 0 0 0 2007 January 6 2 0 0 0 0 0 0 2007 January 7 2 0 0 0 0 0 0 2007 February 3 2 0 0 0 0 0 0 2007 February 17 2 0 0 0 0 0 0 2007 October 26 2 0 0 0 0 0 0 2007 January 18 3 0 0 0 0 0 0 2007 January 29 3 0 0 0 0 0 0 2007 February 1 3 0 0 0 0 0 0 2007 February 2 3 0 0 0 0 0 0 2007 February 16 3 0 0 0 0 0 0 2007 October 26 3 0 0 0 0 0 0 2007 October 28 3 0 0 0 0 0 0 2007 January 21 4 0 0 0 0 0 0 2007 February 1 4 2 2 0 0 0 0 2007 February 4 4 0 0 0 0 0 0 2007 October 25 4 0 0 0 0 0 0 2007 January 30 5 79 43 33 15 42 0 2007 January 4 6 306 161 53 31 57 0 2007 January 30 6 271 130 39 22 291 0 2007 February 14 7 130 94 8 0 41 0 2007 February 15 7 237 226 0 0 8 0 2007 January 17 8 168 131 0 0 8 0 2007 January 31 8 330 225 0 0 9 0 2007 October 24 8 103 92 0 0 0 0 2007 February 18 8 65 35 0 0 0 0 2007 January 3 9 0 0 0 0 3 1 2007 January 5 9 1 1 0 0 3 0 2007 February 16 9 0 0 0 0 6 0 Totals 1899 1317 133 68 480 2 # that flushed into water 671 (51%) 68 (100%) 0 # moved > 1m, but not into water 458 (35%) 0 2 (100%) # came alert, but did not move > 1 m 188 (14%) 0 0 Table 1. Results from 2006-2007 monitoring. Number of “disturbed” animals indicates total of the three categories of recorded reactions, which include: Animals that flushed into the water; animals that moved more than 1 m, but did not enter the water; and, animals that moved or changed direction, but did not move more than 1 m. Proposed Mitigation Several mitigation measures to reduce the potential for harassment from population assessment research surveys would be (or are proposed to be implemented) implemented as part of the SNI abalone research activities. Primarily, mitigation of the risk of disturbance to pinnipeds requires that researchers are judicious in the route of approach to abalone study sites, avoiding close contact with pinnipeds hauled out on shore. In no case will marine mammals be deliberately approached by abalone survey personnel, and in all cases every possible measure will be taken to select a pathway of approach to study sites that minimizes the number of marine mammals harassed. Each visit to a given study site will last for a maximum of 4 hours, after which the site is vacated and can be re-occupied by any hauled marine mammals that may have been disturbed by the presence of abalone researchers. The potential risk of injury or mortality would be avoided with the following proposed measures. Disturbances to females with dependent pups (in the cases of California sea lions and Pacific harbor seals) will be mitigated to the greatest extent practicable by avoiding visits to the four black abalone study sites with resident pinnipeds during periods of breeding and lactation from mid-February through mid-October. During this period, abalone research would be confined to the other five sites where pinniped breeding and post-partum nursing does not occur. Limiting visits to the four breeding and lactation sites (5, 6, 7, and 8) to periods when these activities do not occur (second half of October, November, December, January, and the first half of February) will reduce the possibility of incidental harassment and the potential for injury or mortality of dependent California sea lion pups and Pacific harbor seal pups to near zero. Northern elephant seal pups are present at four sites during winter months. Risks of injury or mortality of elephant seal pups by mother/pup separation or trampling are limited to the period from January through March when pups are born, nursed, and weaned, ending about 30 days post-weaning when pups depart land for foraging areas at sea. However, elephant seals have a much higher tolerance of nearby human activity than sea lions or harbor seals. Also, elephant seal pupping typically occurs on the sandy beaches at SNI, approximately 50 m (164 ft) or more away from the abalone study sites. Possible take of northern elephant seal pups will be minimized by using a very careful approach to the study sites and avoiding the proximity of hauled seals and any seal pups during collection of abalone population data. One individual Guadalupe fur seal was seen at study site 8 on two separate occasions during the summer months in the mid-1980's. Since the original sightings, no individuals of this species have been seen during abalone research. However, to ensure that Guadalupe fur seals are not affected by these activities and that authorization is not needed pursuant to the MMPA or the ESA, researchers will only visit site 8 from mid-October through mid-February with a single proposed visit in July, and work will be immediately suspended and researchers vacated if an individual is seen. Guadalupe fur seals are distinctive in appearance and behavior, and can be readily identified at a distance without any disturbance. Sea otters, which are federally listed as threatened under the ESA and managed by the U.S. Fish and Wildlife Service (USFWS), are not expected ashore during the time periods when the research activities would be conducted. However, if sea otters are sighted ashore during the abalone research, Dr. VanBlaricom would follow similar procedures in place for fur seals to avoid impacts, suspending research activities in any areas California sea otters are occupying. Proposed Monitoring Currently, all biological research activities at SNI are subject to approval and regulation by the Environmental Planning and Management Department (EPMD), U.S. Navy. The U.S. Navy owns SNI and closely regulates all civilian access to, and activity on, the island, including biological research. Therefore, monitoring activities will be closely coordinated with Navy marine mammal biologists located on SNI. In addition, status and trends of pinniped aggregations at SNI are monitored by the NMFS Southwest Fisheries Science Center (SWFSC). Also, long-term studies of pinniped population dynamics, migratory and foraging behavior, and foraging ecology at SNI are conducted by staff at Hubbs-Sea World Research Institute (HSWRI). Proposed monitoring requirements in relation to Dr. VanBlaricom's abalone research surveys will include observations made by the applicant and his associates. Information recorded will include species counts (with numbers of pups), numbers of observed disturbances, and descriptions of the disturbance behaviors during the abalone surveys. Observations of unusual behaviors, numbers, or distributions of pinnipeds on SNI will be reported to EPMD, NMFS, and HSWRI so that any potential follow-up observations can be conducted by the appropriate personnel. In addition, observations of tag-bearing pinniped carcasses as well as any rare or unusual species of marine mammals will be reported to EPMD and NMFS. If at any time injury or death of any marine mammal occurs that may be a result of the proposed abalone research, Dr. VanBlaricom will suspend research activities and contact NMFS immediately to determine how best to proceed to ensure that another injury or death does not occur and to ensure that the applicant remains in compliance with the MMPA. Proposed Reporting A draft final report must be submitted to NMFS within 60 days after the conclusion of the year-long field season or 60 days prior to the start of the next field season if a new IHA will be pursued. The report will include a summary of the information gathered pursuant to the monitoring requirements set forth in the IHA. A final report must be submitted to the Regional Administrator within 30 days after receiving comments from NMFS on the draft final report. If no comments are received from NMFS, the draft final report will be considered to be the final report. Dr. VanBlaricom has already submitted the final report required by the current IHA and it may be viewed on the NMFS website (see ADDRESSES ). Numbers of Marine Mammals Expected To Be Harassed NMFS has determined that these are small numbers, relative to population estimates, of California sea lions, Pacific harbor seals, and northern elephant seals (1.3, 0.2, and .04 percent of the minimum population, respectively). The distribution of pinnipeds hauled out on beaches is not even between sites or at different times of the year. The number of marine mammals disturbed will vary by month and location, and, compared to animals hauled out on the beach farther away from survey activity, only those animals hauled out closest to the actual survey transect plots contained within each research site are likely to be disturbed by the presence of researchers and alter their behavior or attempt to move out of the way. Table 2 depicts the total numbers of animals encountered and disturbed by Level B Harassment in Dr. VanBlaricom's 2004, 2005, 2006, and 2007 abalone survey field seasons. As discussed earlier, NMFS considers an animal to have been harassed if it moved any distance in response to the researcher's presence or if the animal was already moving and changed direction. Animals that raised their head and looked at the researcher without moving were not considered disturbed. Based on past observations and assuming a maximum level of incidental harassment of marine mammals at each site during periods of visitation, NMFS estimates that the maximum total possible numbers of individuals that will be incidentally harassed during the effective dates of the proposed IHA would be 1610 California sea lions, 100 Pacific harbor seals, and 20 northern elephant seals may be taken by harassment as a result of this activity. Year California sea lions Present around site Est. harassed Pacific harbor seals Present around site Est. harassed Northern elephant seals Present around site Est. harassed 2004 2239 1472 108 99 562 7 2005 1383 983 99 88 409 9 2006 1564 1045 57 50 623 14 2007 1899 1317 133 68 480 2 Table 2. Estimated number of each species harassed over the last three years of abalone research. Minimum population estimates for California sea lions, Pacific harbor seals, and Northern elephant seals are 138881, 31600, and 60547, respectively. Potential Effects of Activities on Marine Mammal Habitat NMFS anticipates that the action will result in no impacts to marine mammal habitat beyond rendering the areas immediately around each of the nine study sites less desirable as haul-out sites for a total of 8.5 hours per year. Three visits to each site are anticipated during the year-long validity of the IHA. ESA For the reasons already described in this **Federal Register** Notice, NMFS has determined that the described abalone research and the accompanying IHA will have no effect on species or critical habitat protected under the ESA (specifically, the Guadalupe fur seal). Therefore, consultation under Section 7 is not required. National Environmental Policy Act
(NEPA)NMFS prepared an Environmental Assessment
(EA)of the Issuance of an IHA to Take Marine Mammals, by Harassment, During Black Abalone Research at SNI, California, which analyzed the issuance of multiple IHAs over several years for these activities, and subsequently issued a Finding of No Significant Impact (FONSI) on November 21, 2005. The proposed 2008 action is the same as was analyzed in the 2005 EA and the EA remains applicable. A copy of the EA and FONSI are available upon request (see ADDRESSES ). Conclusions Based on Dr. VanBlaricom's application and monitoring reports for previous field seasons, as well as the analysis contained herein, NMFS has preliminarily determined that the impact of the described abalone research at SNI will result, at most, in a temporary modification in behavior by small numbers of California sea lions, Pacific harbor seals, and northern elephant seals, in the form of head alerts, movement away from the researchers and/or flushing from the beach. In addition, no take by injury or death is anticipated, and take by harassment will be at the lowest level practicable due to incorporation of the mitigation measures mentioned previously in this document. NMFS has further preliminarily determined that the anticipated takes will have a negligible impact on the affected species. Proposed Authorization NMFS proposes to issue an IHA to Dr. Glenn R. VanBlaricom for the harassment of California sea lions, Pacific harbor seals, and northern elephant seals incidental to black abalone population trend research, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: December 5, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-23995 Filed 12-10-07; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF DEFENSE Department of the Air Force Federal Property Suitable for Exchange AGENCY: Department of the Air Force, Air Force Real Property Agency. ACTION: Notice of intent. Authority: Title 10, United States Code, Section 2869(d)(1). SUMMARY: This notice identifies unutilized, underutilized, excess, and surplus Federal property under the administrative jurisdiction of the United States Air Force that the Air Force intends to exchange for property beneficial to the Air Force. FOR FURTHER INFORMATION CONTACT: Ms. Lee Conesa, Air Force Real Property Agency (AFRPA), 143 Billy Mitchell Blvd, Suite 1, San Antonio, TX 78226-1816; telephone
(210)925-1131, (this telephone number is not toll-free). SUPPLEMENTARY INFORMATION: In accordance with 10 U.S.C. Section 2869 (d)(2), the Air Force is publishing this Notice to identify Federal real property that the Air Force has reviewed for suitability to dispose of in exchange for property beneficial to the Air Force. The property was screened within the Department of Defense
(DoD)and no DoD agencies have expressed an interest in the property. The Air Force reviewed the property: Norwalk Defense Fuel Support Point, Norwalk, CA *Property Number:* *Status:* Excess *Comments:* Approximately 50 acres of real property located at 15306 Norwalk Blvd, Norwalk, CA 90650. *And will exchange this property for:* Military construction projects to be constructed at March Air Reserve Base, Riverside, CA Dated: December 3, 2007. Bao-Anh Trinh, Air Force Federal Register Liaison Officer. [FR Doc. E7-24012 Filed 12-10-07; 8:45 am] BILLING CODE 5001-05-P DEPARTMENT OF EDUCATION National Institute on Disability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Research Projects and Centers Program—Disability Rehabilitation Research Projects
(DRRP)AGENCY: Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Notice of proposed priority and definitions. SUMMARY: The Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary for Vocational and Adult Education, and the Assistant Secretary for Postsecondary Education jointly propose a priority and definitions for a center on postsecondary education for students with intellectual disabilities under the DRRP program administered by NIDRR. The Assistant Secretary for Special Education and Rehabilitative Services may use this priority for competitions in fiscal year
(FY)2008 and later years. We take this action to focus attention on an area of national need. We intend this priority to improve postsecondary education and other outcomes for individuals with intellectual disabilities. DATES: We must receive your comments on or before January 10, 2008. ADDRESSES: Address all comments about this proposed priority and definitions to Donna Nangle, U.S. Department of Education, 400 Maryland Avenue, SW., room 6029, Potomac Center Plaza (PCP), Washington, DC 20204-2700. If you prefer to send your comments through the Internet, use the following address: *donna.nangle@ed.gov. * You must include the term “Intellectual Disability Center Priority” in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Donna Nangle. *Telephone:*
(202)245-7462 or by *e-mail: donna.nangle@ed.gov.* If you use a telecommunications device for the deaf (TDD), you can call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: This notice of proposed priority and definitions is in concert with President George W. Bush's New Freedom Initiative
(NFI)and NIDRR's Final Long-Range Plan for FY 2005-2009 (Plan). The NFI can be accessed on the Internet at the following site: *http://www.whitehouse.gov/infocus/newfreedom.* The Plan, which was published in the **Federal Register** on February 15, 2006 (71 FR 8165), can be accessed on the Internet at the following site: *http://www.ed.gov/about/offices/list/osers/nidrr/policy.html.* Through the implementation of the NFI and the Plan, NIDRR seeks to:
(1)Improve the quality and utility of disability and rehabilitation research;
(2)foster an exchange of expertise, information, and training to facilitate the advancement of knowledge and understanding of the unique needs of traditionally underserved populations;
(3)determine best strategies and programs to improve rehabilitation outcomes for underserved populations;
(4)identify research gaps;
(5)identify mechanisms of integrating research and practice; and
(6)disseminate findings. Invitation to Comment We invite you to submit comments regarding the proposed priority and definitions in this notice. To ensure that your comments have maximum effect in developing the notice of final priority and definitions, we urge you to identify clearly the specific topic that each comment addresses. We invite you to assist us in complying with the specific requirements of Executive Order 12866 and its overall requirement of reducing regulatory burden that might result from the priority and definitions proposed in this notice. Please let us know of any further opportunities we should take to reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program. During and after the comment period, you may inspect all public comments about the proposed priority and definitions in this notice in room 6029, 550 12th Street, SW., PCP, Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for the priority and definitions proposed in this notice. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . We will announce the final priority and definitions in a notice in the **Federal Register** . We will determine the final priority and definitions after considering responses to this notice and other information available to the Department. This notice does not preclude us from proposing or using additional priorities or definitions, subject to meeting applicable rulemaking requirements. Note: This notice does *not* solicit applications. In any year in which we choose to use the priority proposed in this notice, we invite applications through a notice in the **Federal Register** . When inviting applications we designate the priority as absolute, competitive preference, or invitational. The effect of each type of priority follows: *Absolute priority:* Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)). *Competitive preference priority:* Under a competitive preference priority, we give competitive preference to an application by either
(1)awarding additional points, depending on how well or the extent to which the application meets the competitive preference priority (34 CFR 75.105(c)(2)(i)); or
(2)selecting an application that meets the competitive preference priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). *Invitational priority:* Under an invitational priority, we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the invitational priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). Disability and Rehabilitation Research Projects
(DRRP)Program The purpose of the DRRP program is to plan and conduct research, demonstration projects, training, and related activities to develop methods, procedures, and rehabilitation technologies that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended. DRRPs carry out one or more of the following types of activities, as specified and defined in 34 CFR 350.13 through 350.19: Research, development, demonstration, training, dissemination, utilization, and technical assistance. An applicant for assistance under this program must demonstrate in its application how it will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds (34 CFR 350.40(a)). The approaches an applicant may take to meet this requirement are found in 34 CFR 350.40(b). In addition, NIDRR intends to require all DRRP applicants to meet the requirements of the *General Disability and Rehabilitation Research Projects
(DRRP)Requirements* priority that it published in a notice of final priorities in the **Federal Register** on April 28, 2006 (71 FR 25472). Additional information on the DRRP program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.* Priority Background The Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (20 U.S.C. 6300) and the 2004 amendments to the Individuals with Disabilities Education Act
(IDEA)(20 U.S.C. 1400 *et seq.* ) have expanded educational opportunities for all students, including those with intellectual disabilities. More and more students with intellectual disabilities are enrolling in postsecondary education programs, including community colleges, vocational-technical schools, four-year colleges, and specialized programs on college campuses that promote independence and improve employment options. A small number of two- and four-year colleges (approximately 15) provide individualized supports so that students with intellectual disabilities, such as students with Down syndrome, can participate in regular college credit courses. More common are two-year colleges that enroll individuals with intellectual disabilities in programs that are separate from the traditional academic programs of those institutions. The majority of these programs are dual enrollment programs for students ages 18 through 21 who receive special education services and who are still enrolled in high school and take courses on college campuses that focus on academic and personal skill building ( *e.g.* , social skills, life skills) as part of their individualized education program under IDEA. Despite the growing interest in postsecondary education programs for students with intellectual disabilities, there are relatively little data on:
(a)The participation rates of students with intellectual disabilities in postsecondary education;
(b)the types of programs and services provided for students with intellectual disabilities in these programs; and
(c)the outcomes for students with intellectual disabilities who participate in different types of postsecondary education programs. Individuals with intellectual disabilities face significant barriers to successful participation in postsecondary education and vocational-technical programs. According to the President's Committee for People with Intellectual Disabilities (2004), fewer than 15 percent of young adults with intellectual disabilities participate in postsecondary education programs. The Committee also reported that approximately 90 percent of adults with intellectual disabilities are not employed. Research on postsecondary education for students with intellectual disabilities is limited. However, there is some evidence to suggest that independent living and employment outcomes may improve for students with intellectual disabilities who participate in college-based programs (Hart *et al.* , 2006; Wagner et al., 2006). In two studies, students with intellectual disabilities who attended postsecondary education courses and programs had higher levels of self-esteem, better vocational outcomes, and greater personal success when compared to their peers who did not attend postsecondary education programs (Hart et al., 2004, 2006). To address the gaps in knowledge about the participation of individuals with intellectual disabilities in postsecondary education programs, NIDRR seeks to establish a center that will conduct research and disseminate information on scientifically based approaches for improving long-term independent living and employment opportunities for individuals with intellectual disabilities through the participation of such individuals in postsecondary education programs. References Hart, D., Pasternack, R.H., Mele-McCarthy, J., Zimbrich, K., & Parker, D.R. (2004). “Community College: A Pathway to Success for Youth with Learning, Cognitive, and Intellectual Disabilities in Secondary Settings.” Education and Training in Developmental Disabilities, Volume 39, Number 4: 54-66. Hart, D., Grigal, M., Sax, C., Martinez, D., & Will, M. (2006). “Postsecondary Education Options for Students with Intellectual Disabilities.” Research to Practice, Issue # 45. Accessed online October 21, 2007 at: *http://www.communityinclusion.org/article.php?article_id=178&staff_id=19.* President's Committee for People with Intellectual Disabilities (2004). A Charge We Have To Keep. A Road Map to Personal and Economic Freedom for People with Intellectual Disabilities in the 21st Century. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families. Wagner, M., Newman, L., Cameto, R., & Levine, P. (2006). The Academic Achievement and Functional Performance of Youth With Disabilities. A Report From the National Longitudinal Transition Study—2 (NLTS2). (NCSER 2006-3000). Menlo Park, CA: SRI International. Proposed Priority—Center on Postsecondary Education for Students with Intellectual Disabilities The Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary for Vocational and Adult Education, and the Assistant Secretary for Postsecondary Education jointly propose a priority for a DRRP—the Center on Postsecondary Education for Students with Intellectual Disabilities (Center). In order to meet this priority, the Center must—
(a)Identify key characteristics and promising practices of postsecondary education programs that currently serve students with intellectual disabilities, including collecting information on—
(1)How students with intellectual disabilities are recruited and retained in these programs;
(2)The extent to which students with intellectual disabilities are enrolled in academic courses as part of these programs; and
(3)The types and extent of accommodations provided to students with intellectual disabilities in order to ensure their active participation in these programs;
(b)Conduct scientifically based research (as defined in 20 U.S.C. 7801(37)) to determine whether variation in educational, vocational, and independent living outcomes for students with intellectual disabilities is associated with participation in different types of postsecondary education programs. To fulfill this requirement, the Center must conduct a longitudinal study or secondary analyses of existing national and State longitudinal datasets. At a minimum, the Center must analyze data from the National Longitudinal Transition Study-2 (NLTS-2) and the Florida K-20 Education Data Warehouse. The NLTS-2 can be accessed at: *http://www.nlts2.org.* The Florida K-20 Education Data Warehouse can be accessed at: *http://www.edwapp.doe.state.fl.us/doe/.*
(c)Compile existing technical assistance materials and develop new materials, as needed, including information on promising practices that can be replicated, for postsecondary education institutions that are developing new programs or expanding existing programs to provide activities for students with intellectual disabilities. Technical assistance materials must be informed by knowledge acquired through the Center's research program, as the knowledge becomes available;
(d)Partner with existing training and technical assistance providers for the purpose of disseminating technical assistance materials to postsecondary education programs interested in developing new programs or expanding existing programs for students with intellectual disabilities. To the extent possible, technical assistance and other informational materials should be disseminated to interested students with intellectual disabilities and their families;
(e)Provide technical assistance information and materials to appropriate NIDRR research and dissemination centers, including the National Center for the Dissemination of Disability Research and the Research Utilization Support and Help
(RUSH)Project at the Southwest Educational Development Laboratory, and the Center for International Rehabilitation Research Information and Exchange at the State University of New York at Buffalo;
(f)Establish an advisory committee of researchers, vocational rehabilitation providers, transition planners, secondary and postsecondary educators, individuals with intellectual disabilities, and parents of individuals with intellectual disabilities to provide the Center, on an ongoing basis, with guidance on the Center's research and technical assistance activities;
(g)Conduct a formative evaluation of the Center's activities, using clear performance objectives to ensure continuous improvement in the operation of the Center, including objective measures of progress in implementing the project and ensuring the quality of products and services; and
(h)To the extent possible, consult with the sponsors of activities that are similar or related to the Center's activities, especially, existing training and technical assistance resources that have been established by relevant offices within the U.S. Department of Education, including the Rehabilitation Service Administration's Rehabilitation Continuing Education Programs; the Office of Special Education Programs' Technical Assistance and Dissemination Network, and Technical Assistance Communities of Practice; the Office of Vocational and Adult Education's National Research Center for Career and Technical Education; and the NIDRR network of Knowledge Translation grantees. This consultation must be designed to avoid duplication of efforts and to facilitate the exchange of information, pool resources, and improve the overall effectiveness of the Center's activities. Definitions The Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary for Vocational and Adult Education, and the Assistant Secretary for Postsecondary Education jointly propose to establish the following definitions for the purpose of the *Center on Postsecondary Education for Students with Intellectual Disabilities* priority:
(1)*Adaptive skill areas,* as used in the definition of *students with intellectual disabilities,* means the basic skills needed for everyday life, such as communication, self-care, home living, social skills, leisure, health and safety, self-direction, functional academics (reading, writing, basic math), and work.
(2)*Postsecondary education programs* means programs and activities at community colleges, vocational-technical schools, four-year colleges, and specialized programs on college campuses that are intended to promote independence and improve employment outcomes for students with intellectual disabilities.
(3)*Scientifically based research* has the meaning given the term in 20 U.S.C. 7801(37): Research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs. It includes research that—
(a)employs systematic, empirical methods that draw on observation or experiment;
(b)involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(c)relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;
(d)utilizes experimental or quasi-experimental designs in which individual entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;
(e)ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and
(f)has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
(4)*Students with intellectual disabilities* means—
(a)individuals between the ages of 16 and 24 whose intellectual functioning levels require significant changes in instructional methods and modifications to the curriculum in order to participate in postsecondary educational activities;
(b)individuals who have significant limitations in adaptive skill areas as expressed in conceptual, social, and practical adaptive skills; and
(c)individuals whose disabilities originated before the age of 18. Executive Order 12866 This notice of proposed priority and definitions has been reviewed 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 this notice of proposed priority and definitions are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this notice of proposed priority and definitions, we have determined that the benefits of the proposed priority and definitions justify the costs. Summary of potential costs and benefits The benefits of the DRRP programs have been well established over the years in that other DRRP projects have been completed successfully. The priority and definitions proposed in this notice will generate new knowledge through research, development, dissemination, utilization, and technical assistance. Another benefit of the proposed priority and definitions is that establishing a new DRRP will support the President's NFI and improve the lives of individuals with disabilities. The new DRRP will generate, disseminate, and promote the use of new information that will improve the options for individuals with intellectual disabilities to achieve improved education, employment, and independent living outcomes. Intergovernmental Review This program is not subject to Executive Order 12372 and the regulations in 34 part 79. *Applicable Program Regulations:* 34 CFR part 350. 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 Numbers 84.133A Disability Rehabilitation Research Projects) Program Authority: 29 U.S.C. 762(g) and 764(a). Dated: December 5, 2007. Raymond Simon, Acting Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-23975 Filed 12-10-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2 December 4, 2007. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER05-1232-006. *Applicants:* JPMorgan Ventures Energy Corporation. *Description:* JP Morgan Ventures Energy Corp submits a revised market based rate tariff designated as First Revised Rate Schedule 1 in Accordance with Order 697. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0192. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER05-283-001. *Applicants:* JPMorgan Chase Bank, N.A. *Description:* JPMorgan Chase Bank, NA submits a revised market-based rate tariff, designated as Second Revised Rate Schedule 1 in compliance with Order 697. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0200. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER07-1125-004. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Niagara Mohawk Power Corporation dba National Grid submits Service Agreement 1154 and 1158 with updated effective dates. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0079. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-75-001. *Applicants:* DEL LIGHT Inc. *Description:* DEL LIGHT Inc requests its Petition for Acceptance of Initial Tariff, Waivers and Blanket Authority designated as FERC Electric Tariff, Original Volume 1. *Filed Date:* 11/26/2007. *Accession Number:* 20071130-0069. *Comment Date:* 5 p.m. Eastern Time on Monday, December 17, 2007. *Docket Numbers:* ER08-213-001. *Applicants:* Round Rock Energy, LP. *Description:* Round Rock Energy, LP submits a supplemental filing to Sheet 1, FERC Electric Tariff, Original Volume 1. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0193. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-268-000. *Applicants:* MidAmerican Energy Company. *Description:* MidAmerican Energy Co submits a Firm Transmission Service Agreement with the Municipal Energy Agency of Nebraska for Service to the City of Rockford, Iowa. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0198. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-269-000. *Applicants:* Midwest Independent Transmission System. *Description:* Michigan Electric Transmission Co, LLC et al submits a Second Amendment to the Second Amended and Restated Settlement Agreement etc. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0197. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-270-000. *Applicants:* Westar Energy, Inc. *Description:* Kansas Gas and Electric Co and Westar Energy, Inc submits Notice of Cancellation of an Agreement for Wholesale Electric Service with City of Mount Hope, Kansas. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0196. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-271-000. *Applicants:* Consolidated Edison Co. of New York, Inc. *Description:* Consolidated Edison Company of New York, Inc submits amendments to their Delivery Service Rate Schedule 96 and 92. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0195. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-272-000. *Applicants:* Southern California Edison Company. *Description:* Southern California Edison Co submits a Large Generator Interconnection Agreement and a Service Agreement for Wholesale Distribution Service for the McGrath Beach Peaker Project. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0194. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-273-000. *Applicants:* Florida Power & Light Company. *Description:* Florida Power & Light Company submits an executed Service Agreement 262 with Georgia Transmission Corporation that provides for 5 megawatts of firm point-to-point transmission service for the period 1/1/08 through 12/31/08. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0080. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-274-000. *Applicants:* Citadel Energy Strategies, LLC. *Description:* Citadel Energy Strategies LLC submits its Petition for Acceptance of Initial Rate Schedule, Waiver and Blanket Authorization designated as Rate Schedule FERC 1. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0081. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-275-000. *Applicants:* Santa Maria Cogen Inc. *Description:* Santa Maria Cogen Inc submits its proposed market-based rate tariff, entitled FERC Electric Tariff 1 for its cogeneration facility located in Santa Maria, CA. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0082. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-276-000. *Applicants:* Carolina Power & Light Company. *Description:* Carolina Power & Light Company dba Progress Energy Carolinas Inc submits a cost of based power sales agreement with the Town of Stantonsburg, NC. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0083. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-277-000. *Applicants:* Carolina Power & Light Company. *Description:* Carolina Power & Light Company dba Progress Energy Carolinas Inc submits a cost-based power sales agreement with the Town of Sharpsburg, NC. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0084. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-278-000. *Applicants:* Carolina Power & Light Company. *Description:* Carolina Power & Light Company dba Progress Energy Carolinas Inc submits a cost of based power sales agreement with the Town of Lucama, NC. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0085. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-279-000. *Applicants:* Carolina Power & Light Company. *Description:* Carolina Power & Light Company dba Progress Energy Carolinas Inc submits a cost-based power sales agreement with the Town of Black Creek, North Carolina. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0078. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-280-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection LLC submits Fourth Revised Sheet 8A *et al* to its PJM Open Access Transmission Tariff. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0086. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER08-48-001. *Applicants:* Florida Power Corporation. *Description:* Florida Power Corp dba Progress Energy Florida, Inc submits an amendment to their 10/11/07 filing of a Standard Large Generator Interconnection Agreement with Vandohl Power Co. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0199. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 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., Deputy Secretary. [FR Doc. E7-23931 Filed 12-10-07; 8: 45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 December 4, 2007. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC08-18-000. *Applicants:* Lowell Cogeneration Company Limited Part, Delta Power Company, LLC, Pedricktown Plant Holdings, LLC. *Description:* Application for authorization for disposition of jurisdictional facilities and requests for expedited action re Lowell Cogeneration Company Limited Partnership. *Filed Date:* 11/28/2007. *Accession Number:* 20071130-0077. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER01-1385-031; ER01-3155-022; ER04-230-032. *Applicants:* Consolidated Edison Company of New York; New York Independent System Operator, Inc. *Description:* New York Independent System Operator's Filing of Twelfth Quarterly Combined Cycle Modeling Report *et al.* *Filed Date:* 11/30/2007. *Accession Number:* 20071130-5065. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER05-1232-000; ER05-283-000. *Applicants:* JPMorgan Ventures Energy Corporation; JPMorgan Chase Bank, N.A. *Description:* Notice of Non-Material Change in Status Regarding Market-Based Rate Authority of JPMorgan Chase Bank, N.A., *et al.* *Filed Date:* 11/30/2007. *Accession Number:* 20071130-5121. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER06-1308-004. *Applicants:* Midwest ISO. *Description:* Midwest ISO, Inc submits its Withdrawal Fee Recalculation Agreement with E. ON US, LLC and proposed compliance revisions to Schedules 10 *et al.* of their FERC Electric Tariff, Third Revised Volume 1. *Filed Date:* 11/21/2007. *Accession Number:* 20071130-0070. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* ER06-1399-004. *Applicants:* Sunbury Generation LP. *Description:* Supplement to Notice of Change in Status of Sunbury Generation, *et al.* *Filed Date:* 11/28/2007. *Accession Number:* 20071128-5078. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. *Docket Numbers:* ER07-525-003. *Applicants:* Entergy Services Inc. *Description:* Entergy Services Inc submits its refund report paid to America Electric Power Service Corporation issued on 10/18/07. *Filed Date:* 11/29/2007. *Accession Number:* 20071203-0031. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER07-539-004. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Electric Refund Report (Compliance Only) of Niagara Mohawk Power Corporation. *Filed Date:* 11/29/2007. *Accession Number:* 20071129-5074. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER07-540-003. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Electric Refund Report (Compliance Only) of Niagara Mohawk Power Corporation. *Filed Date:* 11/29/2007. *Accession Number:* 20071129-5080. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER07-541-003. *Applicants:* Entergy Services Inc. *Description:* Entergy Services Inc submits its refund report paid to NRG Power Marketing Inc. *Filed Date:* 11/29/2007. *Accession Number:* 20071203-0030. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER07-1019-004; ER07-1020-003; ER07-1021-003. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Niagara Mohawk Power Corp submits an amended interconnection agreement to Alliance Energy *et al.* *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0128. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER07-1094-002. *Applicants:* Niagara Mohawk Power Corporation. Description: Electric Refund Report (Compliance Only) of Niagara Mohawk Power Corporation. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-5068. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER07-1103-002. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Electric Refund Report (Compliance Only) of Niagara Mohawk Power Corporation *et al.* *Filed Date:* 11/30/2007. *Accession Number:* 20071130-5070. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER07-1125-003. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Electric Refund Report (Compliance Only) of Niagara Mohawk Power Corporation. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-5071. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER07-1126-003. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Electric Refund Report (Compliance Only) of Niagara Mohawk Power Corporation. *Filed Date:* 11/30/2007. *Accession Number:* 20071130-5073. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. *Docket Numbers:* ER07-1289-003. *Applicants:* ISO New England Inc. *Description:* ISO New England, Inc submits its 11/14/07 informational report, pursuant to FERC's 10/29/07 Order. *Filed Date:* 11/28/2007. *Accession Number:* 20071130-0067. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. *Docket Numbers:* ER07-1311-001. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc submits their response to FERC's 10/29/07 letter that requested additional information. *Filed Date:* 11/28/2007. *Accession Number:* 20071130-0068. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. *Docket Numbers:* ER07-1396-001. *Applicants:* American Electric Power Service Corp. *Description:* Ohio Power Co and Columbus Southern Power Co submits the Third Revised Repair and Maintenance Agreement—Exhibit A-10 with American Municipal Power-Ohio, Inc. *Filed Date:* 11/28/2007. *Accession Number:* 20071129-0026. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. *Docket Numbers:* ER08-256-000. *Applicants:* Northern States Power Company. *Description:* Xcel Energy Services, Inc *et al.* submit a jointly executed Joint Pricing Zone Revenue Allocation Agreement. *Filed Date:* 11/27/200. *Accession Number:* 20071129-0025. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 18, 2007. *Docket Numbers:* ER08-257-000. *Applicants:* Wisconsin Electric Power Company. *Description:* Wisconsin Electric Power Co submits tariff revisions to the Restated Power Service Agreement with Ontonagon County Rural Electrification Association. *Filed Date:* 11/27/2007. *Accession Number:* 20071129-0024. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 18, 2007. *Docket Numbers:* ER08-258-000. *Applicants:* Wisconsin Electric Power Company. *Description:* Wisconsin Electric Power Co submits tariff revisions to the Restated Power Service Agreement with Alger Delta Cooperative Electric Association. *Filed Date:* 11/27/2007. *Accession Number:* 20071129-0023. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 18, 2007. *Docket Numbers:* ER08-259-000. *Applicants:* Duquesne Light Company. *Description:* Notice of Change in Status and Compliance Filings of Duquesne Light Company, Duquesne Power, L.P., Duquesne Keystone LLC, and Duquesne Conemaugh LLC. *Filed Date:* 11/21/2007. *Accession Number:* 20071121-5131. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* ER08-260-000. *Applicants:* Duquesne Conemaugh, LLC. *Description:* Notice of Change in Status and Compliance Filings of Duquesne Light Company, Duquesne Power, L.P., Duquesne Keystone LLC, and Duquesne Conemaugh LLC. *Filed Date:* 11/21/2007. *Accession Number:* 20071121-5131. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 12, 2007. *Docket Numbers:* ER08-261-000. *Applicants:* Westar Energy, Inc. *Description:* Westar Energy, Inc submits its Sixth Revised Sheet 1 and 4 to its First Revised Rate Schedule 233, an Electric Power Supply Agreement with City of Robinson, Kansas under ER08-261. *Filed Date:* 11/28/2007. *Accession Number:* 20071130-0074. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. *Docket Numbers:* ER08-262-000. *Applicants:* Indiana Michigan Power Company. *Description:* Indiana Michigan Power Co submits First Revised Sheet 15 and 53 *et al* to FERC Electric Rate Schedule 103. *Filed Date:* 11/28/2007. *Accession Number:* 20071130-0073. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. *Docket Numbers:* ER08-263-000. *Applicants:* American Electric Power Service Corp. *Description:* AEP Operating Companies submits the Second Revised Interconnection and Local Delivery Service Agreement with the Town of Avilla, Indiana. *Filed Date:* 11/28/2007. *Accession Number:* 20071130-0072. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 2007. *Docket Numbers:* ER08-264-000. *Applicants:* CP Power Sales Twelve, L.L.C. *Description:* CP Power Sales Twelve, LLC submits a Notice of Cancellation of its FERC Electric Tariff, First Revised Volume 1. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0071. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER08-265-000. *Applicants:* ISO New England Inc. *Description:* ISO New England, Inc submits revisions to the New Brunswick System Operator Coordination Agreement. *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0130. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER08-266-000. *Applicants:* Public Service Company of New Mexico. *Description:* Public Service Company of New Mexico submits Notices of Cancellation of the vintage service agreements under its Open Access Transmission Tariff *et al.* *Filed Date:* 11/29/2007. *Accession Number:* 20071130-0129. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 20, 2007. *Docket Numbers:* ER08-267-000. *Applicants:* Pacific Gas and Electric Company. *Description:* Pacific Gas and Electric Co submits Rate Schedules 77, 88, 91, 136, 143 and Open Access Transmission Tariff, First Revised Volume 12. *Filed Date:* 11/30/2007. *Accession Number:* 20071203-0057. *Comment Date:* 5 p.m. Eastern Time on Friday, December 21, 2007. Take notice that the Commission received the following public utility holding company filings: *Docket Numbers:* PH08-9-000. *Applicants:* Alinda Capital Partners LLC. *Description:* FERC Form 65 A Exemption Notification of Alinda Capital Partners, LLC under PH08-9. *Filed Date:* 11/28/2007. *Accession Number:* 20071130-0075. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 19, 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., Deputy Secretary. [FR Doc. E7-23932 Filed 12-10-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2007; FRL -8503-9] 2007 Water Efficiency Leader Awards—Winners AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the winning applications for U.S. EPA's second annual Water Efficiency Leader Awards. The awards recognize those organizations and individuals that provide leadership and innovation in water efficient products and practices. These awards are intended to help foster a nationwide ethic of water efficiency, as well as to inspire, motivate, and recognize efforts to improve water efficiency. The six winners for 2007 are; Intel Corporation, Ocotillo Campus (Chandler, AZ); Santa Clara Valley Water District (San Jose, CA); Frito-Lay (Plano, TX); Lackland Air Force Base (Lackland, TX); Kentucky Pollution Prevention Center
(KPPC)at the University of Louisville (Louisville, KY); Allan Dietemann Seattle Public Utilities (Seattle, WA). More information can be found at *www.epa.gov/water/wel* . FOR FURTHER INFORMATION CONTACT: Bob Rose, Telephone:
(202)564-0322.E-mail: *rose.bob@epa.gov* . Dated: December 4, 2007. Benjamin H. Grumbles, Assistant Administrator for Water. [FR Doc. E7-23945 Filed 12-10-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested December 4, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to
(PRA)of 1995 (PRA), Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information 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 PRA comments should be submitted on or before February 11, 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 contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. post mail. To submit your comments by e-mail, send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Cathy Williams at
(202)418-2918 or send an e-mail to *PRA@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0669. *Title:* Section 76.946, Advertising of Rates. *Form Number:* Not applicable. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business and other for-profit entities. *Number of Respondents:* 8,250. *Estimated Time per Response:* 30 minutes. *Total Annual Burden to Respondents:* 4,125 hours. *Total Annual Costs:* None. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* 47 CFR 76.946 states that cable operators that advertise for basic service and cable programming service tiers shall be required to advertise rates that include all costs and fees. Cable systems that cover multiple franchise areas having differing franchise fees or other franchise costs, different channel line-ups, or different rate structures, may advertise a complete range of fees without specific identification of the rate for each individual area. In such circumstances, the operator may advertise a “fee plus” rate that indicates the core rate plus the range of possible additions, depending upon the particular location of the subscriber. The Commission has set forth this disclosure requirement to ensure consumer awareness of all fees associated with basic service and cable programming service tier rates. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-23939 Filed 12-10-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested 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, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before January 10, 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 Internet at *Nicholas_A._Fraser@omb.eop.gov* or via fax at
(202)395-5167 and to Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC or via Internet at *Cathy.Williams@fcc.gov* . To view a copy of this information collection request
(ICR)submitted to OMB:
(1)Go to the web page *http://www.reginfo.gov/public/do/PRAMain* ,
(2)look for the section of the web page called “Currently Under Review,”
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box,
(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB control number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Cathy Williams at
(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-XXXX. *Title:* Sections 225 and 255, Interconnected Voice over Internet Protocol Services (VoIP). *Form Number:* Not applicable. *Type of Review:* New collection. *Respondents:* Business or other for-profit entities; Not-for-profit institutions. *Number of Respondents:* 5,711. *Estimated Time per Response:* 1-20 hours. *Frequency of Response:* Annual and on-occasion reporting requirements; Recordkeeping requirement; Third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 149,576 hours. *Total Annual Cost:* $5,711,000. *Nature and Extent of Confidentiality:* Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's system of records notice (SORN), FCC/CGB-1, “Informal Complaints and Inquiries.” *Privacy Impact Assessment:* Yes. The Privacy Impact Assessment was completed on June 28, 2007. It may be reviewed at: *http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html* . *Needs and Uses:* On June 15, 2007, the Commission released a *Report and Order* , In the Matters of IP-Enabled Services; Implementation of sections 225 and 251(a)(2) of the Communications Act of 1934, as Enacted by the Telecommunications Act of 1996: Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons with Disabilities; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; the Use of N11 Codes and Other Abbreviated Dialing Arrangements, FCC 07-110. FCC 07-110 extends the disability access requirements that currently apply to telecommunications service providers and equipment manufacturers under section 255 of the Communications Act of 1934, as amended (the Act), to providers of “interconnected voice over Internet Protocol
(VoIP)services,” as defined by the Commission, and to manufacturers of specially designed equipment used to provide those services. In addition, the Commission extends to interconnected VoIP providers the Telecommunications Relay Services requirements contained in its regulations, pursuant to section 225(b)(1) of the Act. As applied to interconnected VoIP providers and to manufacturers of specialized VoIP equipment, several requirements adopted by FCC 07-110 contain new or modified information collection requirements that have not been approved by OMB, and on which the Commission must seek comment under the PRA. For example, several rules that FCC 07-110 extends to interconnected VoIP providers and/or equipment manufacturers contain procedures governing a provider or manufacturer's obligation to respond to an informal consumer complaint. Other rules detail VoIP providers' and VoIP equipment manufacturers' duty to make available to the public certain information concerning their respective services or products. In particular, the following rules, as applied to interconnected VoIP providers and to manufacturers of specialized VoIP equipment and customer premises equipment, contain new or modified information collection requirements: 47 CFR 6.11(a), 6.11(b), 6.18(b), 6.19, 64.604(a)(5), 64.604(c)(1)(i), 64.604(c)(1)(ii), 64.604(c)(2), 64.604(c)(3), 64.604(c)(5)(iii)(C), 64.604(c)(5)(iii)(E), 64.604(c)(5)(iii)(G), 64.604(c)(6)(v)(A)(3), 64.604(c)(6)(v)(G), 64.604(c)(7), and 64.606(b) of the Commission's rules. The Commission will publish a separate document in the **Federal Register** announcing the effective date of those rules upon OMB approval. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-23940 Filed 12-10-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Sunshine Act; Notice of Meeting Time and Date: 10 a.m. (Eastern Time), December 17, 2007. Place: 4th Floor Conference Room, 1250 H Street, NW., Washington, DC 20005. Status: Open. Matters To Be Considered: 1. Approval of the minutes of the November 19, 2007 Board member meeting. 2. Thrift Savings Plan activity report by the Executive Director. a. Monthly Participant Activity Report. b. Monthly Investment Performance Report. c. Legislative Report. Contact Person for More Information: Thomas J. Trabucco, Director, Office of External Affairs,
(202)942-1640. Dated: December 7, 2007. Thomas K. Emswiler, Secretary to the Board, Federal Retirement Thrift Investment Board. [FR Doc. 07-6024 Filed 12-7-07; 12:11 pm]
Connectionstraces to 10
11 references not yet in our index
  • 50 CFR 216
  • 50 CFR 222
  • 50 CFR 216.103
  • 34 CFR 350.13
  • 34 CFR 350.40(a)
  • 34 CFR 350.40(b)
  • 20 USC 6300
  • 34 CFR 350
  • Pub. L. 104-13
  • 47 CFR 76.946
  • 47 CFR 6.11(a)
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cites case law
Notices
Notice; denial of permit
U.S.C.§ 1361
U.S.C.§ 1531
U.S.C.§ 2869
Fed. Reg.Notices
C.F.R.§ 75.105
U.S.C.§ 1400
U.S.C.§ 7801
Fed. Reg.Notices
U.S.C.§ 762
Cite50 CFR 216
Cite50 CFR 222
Cite50 CFR 216.103
Cites 21 · showing 12Cited by 0 across 0 sources
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